Senate Bill S4519A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4519
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend the public service law, in relation to establishing a
   cap on the amount a subscriber may be charged  for  leasing  a  modem,
   remote or other device from a cable television company

   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
 231 to read as follows:
   §  231. LEASING OF EQUIPMENT. 1. FOR THE PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "LEASE" MEANS A  CONTRACT  OR  INSTRUMENT  CONVEYING  PROPERTY  TO
 ANOTHER  FOR A SPECIFIED PERIOD OR FOR A PERIOD DETERMINABLE AT THE WILL
 OF EITHER LESSOR OR LESSEE IN CONSIDERATION OF COMPENSATION; AND
   (B) "MODEM" MEANS AN ELECTRONIC DEVICE THAT MAKES POSSIBLE THE  TRANS-
 MISSION  OF  DATA  TO OR FROM A COMPUTER VIA TELEPHONE OR OTHER COMMUNI-
 CATION LINES.
   2. NO CABLE TELEVISION COMPANY SHALL CHARGE ANY SUBSCRIBER  AN  AMOUNT
 WHICH  IS  MORE THAN THE ACTUAL COST OF THE MODEM, REMOTE CONTROL OR ANY
 OTHER DEVICE PAID FOR BY THE COMPANY AND PROVIDED TO THE SUBSCRIBER.
   3. A CABLE OR INTERNET PROVIDER SHALL DISCLOSE IN AN  INITIAL  BILLING
 CORRESPONDENCE:  (A) THE AMOUNT THE EQUIPMENT COSTS THE COMPANY, (B) HOW
 MANY PAYMENTS THE SUBSCRIBER MUST MAKE ON THE EQUIPMENT  IN  TOTAL,  AND
 (C)  INFORMATION  REGARDING  HOW OR WHERE A SUBSCRIBER MAY PURCHASE SUCH
 EQUIPMENT AT RETAIL.
   4. NO CABLE TELEVISION COMPANY SHALL CHARGE ANY SUBSCRIBER  A  MONTHLY
 FEE  FOR THE LEASE OR USE OF A NEW MODEM, REMOTE CONTROL OR OTHER DEVICE
 BEYOND TWELVE MONTHS AFTER SUCH EQUIPMENT  HAS  BEEN  PROVIDED  BY  SUCH
 CABLE  TELEVISION  COMPANY.  IF  A CABLE TELEVISION COMPANY REPLACES THE
 CUSTOMER'S EXISTING MODEM, REMOTE CONTROL OR OTHER  DEVICE  WITH  A  NEW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06362-02-9

 S. 4519                             2
 
 MODEM,  REMOTE CONTROL OR OTHER DEVICE DURING OR AFTER SUCH TWELVE MONTH
 PERIOD AN ADDITIONAL TWELVE MONTH PERIOD SHALL COMMENCE.
   5.  NO  CABLE TELEVISION COMPANY SHALL CHARGE AN ADDITIONAL OR MONTHLY
 FEE FOR THE MAINTENANCE OF A PROVIDED MODEM,  REMOTE  CONTROL  OR  OTHER
 DEVICE.
   6.  WHENEVER  THERE  SHALL BE A VIOLATION OF THIS SECTION, APPLICATION
 MAY BE MADE BY THE COMMISSION IN THE NAME OF THE PEOPLE OF THE STATE  OF
 NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEED-
 ING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS
 THAN  FIVE  DAYS,  TO  ENJOIN  AND  RESTRAIN  THE  CONTINUANCE  OF  SUCH
 VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
   7. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION
 HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE
 HUNDRED DOLLARS FOR EACH VIOLATION.
   § 2. This act shall take effect immediately.