S T A T E   O F   N E W   Y O R K
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                                  2376

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of  A.  CROUCH,  ABINANTI, FINCH, HAWLEY, McDONOUGH,
  McKEVITT, THIELE -- read once and referred to the Committee on  Corpo-
  rations, Authorities and Commissions

AN ACT to amend the public service law, in relation to providing custom-
  ers the right to choose the stations that they wish to receive

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public service law is amended by adding a  new  section
225-a to read as follows:
  S  225-A. CABLE SUBSCRIBERS RIGHT TO ACCESS. 1. EVERY CABLE TELEVISION
COMPANY SHALL PROVIDE EACH SUBSCRIBER THE OPTION TO ACCESS  CABLE  CHAN-
NELS  ON AN INDIVIDUAL BASIS. ANY CABLE SUBSCRIBER SHALL BE PROVIDED THE
ABILITY TO DETERMINE EACH CABLE CHANNEL THAT IS DELIVERED TO HIS OR  HER
HOUSE.  A  CABLE  COMPANY MAY CONTINUE TO OFFER A GROUP OF CHANNELS AS A
PACKAGE DEAL WITH A PACKAGE RATE,  PROVIDED  THAT  SUBSCRIBERS  ARE  NOT
REQUIRED TO PURCHASE CHANNELS AS A PACKAGE.
  2.  NOTWITHSTANDING  THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-FIVE
OF THIS ARTICLE TO THE CONTRARY, A  CABLE  TELEVISION  COMPANY  MAY  NOT
CHARGE  A SUBSCRIBER FOR ANY CHANNEL THAT THE SUBSCRIBER DOES NOT CHOOSE
TO PURCHASE.
  3. ALL RATES CHARGED BY CABLE TELEVISION COMPANIES TO SUBSCRIBERS  FOR
INDIVIDUAL  CHANNELS  SHALL  BE  FIRST  SUBMITTED  TO THE PUBLIC SERVICE
COMMISSION FOR APPROVAL. THE PUBLIC SERVICE COMMISSION SHALL ENSURE THAT
A CABLE TELEVISION COMPANY DOES NOT CHARGE AN INFLATED RATE FOR AN INDI-
VIDUAL CHANNEL IN AN ATTEMPT TO REQUIRE SUBSCRIBERS TO PURCHASE  PACKAGE
DEALS. THE COMMISSION SHALL MAKE A DETERMINATION.
  4.  ANY  SUBSCRIBER  WHO  IS DENIED THE ABILITY TO PURCHASE INDIVIDUAL
CHANNELS BY A CABLE TELEVISION COMPANY MAY BRING AN ACTION IN HIS OR HER
OWN NAME. SUCH PERSON SHALL BE ENTITLED TO HIS OR HER ACTUAL DAMAGES  OR
FIVE  HUNDRED DOLLARS, WHICHEVER IS GREATER. IN ADDITION TO ANY MONETARY
AWARD, THE COURT SHALL ISSUE AN ORDER  REQUIRING  THE  CABLE  TELEVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05151-01-5
              

A. 2376                             2

COMPANY  TO  COMPLY  WITH  THE PROVISIONS OF THIS SECTION WITHIN FIFTEEN
DAYS. FAILURE TO COMPLY WITHIN THE FIFTEEN DAY PERIOD SHALL CONSTITUTE A
SEPARATE OFFENSE FOR WHICH THE SUBSCRIBER MAY  BRING  ANOTHER  CAUSE  OF
ACTION PURSUANT TO THIS SUBDIVISION.
  5.  FOR  THE  PURPOSES  OF THIS SECTION, A "SUBSCRIBER" SHALL MEAN ANY
PERSON WHO IS CURRENTLY RECEIVING SERVICE FROM A CABLE TELEVISION COMPA-
NY, OR WHO IS SEEKING TO RECEIVE SERVICE FROM A CABLE TELEVISION  COMPA-
NY.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law. Effective immediately, the public service
commission may implement any rule or regulation necessary  to  determine
the  appropriate rate of charge for individual channels or the procedure
for submitting such rates to the commission.