S T A T E O F N E W Y O R K
________________________________________________________________________
8662
2019-2020 Regular Sessions
I N A S S E M B L Y
October 21, 2019
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Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to requiring cable
television companies and telephone corporations to provide local news
programming
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that it
is vital to the public health, safety and welfare that residents be
informed about news and weather events and their impacts on their local
communities; and that to further this important government purpose every
cable television company and telephone corporation providing cable
service to customers in New York shall make available to every subscrib-
er a source of local information affecting their community; and that
this purpose is best served by a content neutral requirement that every
cable television company or provider of cable service shall carry a
local news channel pursuant to this act.
§ 2. Subdivision 13 of section 215 of the public service law, as added
by chapter 83 of the laws of 1995, is amended and a new subdivision 14
is added to read as follows:
13. Encourage and cooperate with other state agencies that collect
information from cable television companies serving fewer than one thou-
sand subscribers to eliminate duplicative reporting requirements[.];
14. WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND NINETEEN THAT ADDED THIS SUBDIVISION, TO THE EXTENT
PERMITTED BY, AND NOT CONTRARY TO APPLICABLE FEDERAL LAW AND RULES AND
REGULATIONS, ISSUE SUCH RULES AND REGULATIONS IT DEEMS APPROPRIATE, IF
ANY, TO EFFECTUATE THE PURPOSE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND NINETEEN THAT ADDED THIS SUBDIVISION, INCLUDING THE HOURS AND DURA-
TION OF SUCH PROGRAMMING BASED ON THE SIZE OF THE CABLE TELEVISION
COMPANY OR TELEPHONE CORPORATION AND ITS AFFILIATES, THE SIZE OF ITS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13988-03-9
A. 8662 2
MARKET, THE SIZE OF ITS COVERAGE AREA, THE NUMBER OF ITS SUBSCRIBERS,
AND/OR THE NUMBER OF ITS CHANNELS IN THE RELEVANT COVERAGE AREA.
§ 3. Section 224 of the public service law is amended by adding a new
subdivision 4-a to read as follows:
4-A. (A) EVERY CABLE TELEVISION COMPANY AND TELEPHONE CORPORATION, AS
DEFINED IN SUBDIVISION SEVENTEEN OF SECTION TWO OF THIS CHAPTER, THAT
PROVIDES CABLE SERVICE TO CUSTOMERS IN NEW YORK SHALL PROVIDE A LOCAL
NEWS CHANNEL TO SUCH CUSTOMERS.
(B) AS USED IN THIS SECTION, "LOCAL NEWS CHANNEL" SHALL MEAN A CHANNEL
WHICH IS DEDICATED TO THE CATEGORY OF LOCALLY PRODUCED PROGRAMMING,
INCLUDING BUT NOT LIMITED TO, NEWS, WEATHER AND PUBLIC AFFAIRS PROGRAM-
MING PRIMARILY COVERING THE TOTAL GEOGRAPHIC COVERAGE AREA OF THE CABLE
TELEVISION COMPANY OR TELEPHONE CORPORATION.
(C) SUCH LOCAL NEWS CHANNEL PROGRAMMING SHALL CONSIST PRIMARILY OF
INDEPENDENTLY LOCALLY PRODUCED PROGRAMMING AND SHALL NOT BE A DUPLI-
CATION OR REBROADCAST OF A LOCAL NEWS CHANNEL PRODUCED AND CARRIED BY
ANOTHER CABLE TELEVISION COMPANY OR TELEPHONE CORPORATION PROVIDING
CABLE SERVICE TO CUSTOMERS IN NEW YORK COVERING ALL OR A SIGNIFICANT
PORTION OF THE GEOGRAPHIC COVERAGE AREA OF THE CABLE TELEVISION COMPANY
OR TELEPHONE CORPORATION. NOTHING HEREIN SHALL BE DEEMED TO PREVENT A
CABLE TELEVISION COMPANY OR TELEPHONE CORPORATION FROM ALSO CARRYING ONE
OR MORE ADDITIONAL CHANNELS WHICH ARE A DUPLICATION OR REBROADCAST OF A
LOCAL NEWS CHANNEL CARRIED BY ANOTHER CABLE TELEVISION COMPANY OR TELE-
PHONE CORPORATION OR FROM REBROADCASTING PROGRAMMING CARRIED BY ANOTHER
CABLE TELEVISION COMPANY OR TELEPHONE CORPORATION.
(D) A LOCAL NEWS CHANNEL SHALL BE INCLUDED IN THE BASIC SERVICE TIER
OFFERED BY THE CABLE TELEVISION COMPANY OR TELEPHONE CORPORATION.
(E) NOTHING HEREIN SHALL BE CONSTRUED TO BE A PROHIBITION OF OR LIMI-
TATION ON PROGRAMMING AS DESCRIBED IN SECTION TWO HUNDRED TWENTY-NINE OF
THIS ARTICLE.
§ 4. On or before the first day of December two thousand twenty-one,
the chairman of the public service commission shall study and report to
the governor, the temporary president of the senate and the speaker of
the assembly on compliance by cable television companies and telephone
corporations with the requirements of subdivision 4-a of section 224 of
the public service law as added by this chapter and shall consider,
evaluate and report recommendations regarding such.
§ 5. This act shall take effect immediately; provided, however, that
section three of this act shall take effect one year after this act
shall have become a law for any cable television company or telephone
corporation not providing a local news channel as of October 15, 2019.