S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8311--A
 
                             I N  S E N A T E
 
                              April 30, 2018
                                ___________
 
 Introduced  by  Sens.  GRIFFO, BONACIC, HELMING, SEPULVEDA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Energy and  Telecommunications  --  reported  favorably  from  said
   committee  and  committed  to  the  Committee  on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the public service law, in relation to discrimination in
   franchises and privileges
 
   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
 103 to read as follows:
   § 103. COMMERCIAL LANDLORD-TENANT RELATIONSHIP.  1. NO LANDLORD  OF  A
 COMMERCIAL  PROPERTY  SHALL (A) INTERFERE WITH THE INSTALLATION OF TELE-
 PHONE CORPORATION FACILITIES UPON SUCH PROPERTY OR PREMISES, EXCEPT THAT
 A LANDLORD OF A COMMERCIAL PROPERTY MAY REQUIRE:
   (1) THAT THE INSTALLATION OF TELEPHONE CORPORATION FACILITIES  CONFORM
 TO  SUCH  REASONABLE  CONDITIONS AS ARE NECESSARY TO PROTECT THE SAFETY,
 FUNCTIONING AND APPEARANCE OF THE  PREMISES,  AND  THE  CONVENIENCE  AND
 WELL-BEING OF OTHER TENANTS;
   (2) THAT THE TELEPHONE CORPORATION BEAR THE ENTIRE COST OF THE INSTAL-
 LATION, OPERATION OR REMOVAL OF SUCH FACILITIES; AND
   (3)  THAT THE TELEPHONE CORPORATION AGREE TO INDEMNIFY THE LANDLORD OF
 THE COMMERCIAL PROPERTY FOR ANY DAMAGE CAUSED BY THE INSTALLATION, OPER-
 ATION OR REMOVAL OF SUCH FACILITIES;
   (B) DEMAND OR ACCEPT PAYMENT FROM ANY COMMERCIAL TENANT, IN ANY  FORM,
 IN  EXCHANGE  FOR PERMITTING TELEPHONE CORPORATION SERVICES ON OR WITHIN
 SUCH COMMERCIAL PROPERTY OR PREMISES, OR FROM ANY TELEPHONE  CORPORATION
 IN EXCHANGE THEREFOR IN EXCESS OF ANY AMOUNT WHICH THE COMMISSION SHALL,
 BY REGULATION, DETERMINE TO BE REASONABLE; OR
   (C)  DISCRIMINATE  IN  RENTAL CHARGES OR OTHERWISE, BETWEEN COMMERCIAL
 TENANTS WHO RECEIVE TELEPHONE CORPORATION SERVICES AND THOSE WHO DO NOT.
   2. NO TELEPHONE CORPORATION MAY ENTER  INTO  ANY  AGREEMENT  WITH  THE
 OWNERS,  LESSEES OR PERSONS CONTROLLING OR MANAGING COMMERCIAL BUILDINGS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11794-05-8

 S. 8311--A                          2
 
 SERVED BY A TELEPHONE CORPORATION, OR DO OR PERMIT ANY ACT,  THAT  WOULD
 HAVE  THE  EFFECT,  DIRECTLY OR INDIRECTLY OF DIMINISHING OR INTERFERING
 WITH EXISTING RIGHTS OF ANY TENANT OR OTHER OCCUPANT OF SUCH BUILDING TO
 USE OR AVAIL HIMSELF OR HERSELF OF TELECOMMUNICATIONS SERVICES.
   §  2. This act shall take effect immediately and shall apply to leases
 entered into, modified or renewed on and after such date.