NY State Senate Bill 2021-S147

Senate Bill S147

2021-2022 Legislative Session

Relates to requiring cable television companies and telephone corporations to provide local news programming

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to energy and telecommunications
Jan 06, 2021	referred to energy and telecommunications

2021-S147 (ACTIVE) - Details

See Assembly Version of this Bill:: A4144
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§215 & 224, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S6784, A8662

2021-S147 (ACTIVE) - Summary

Requires cable television companies and telephone corporations to provide local news channels to customers in the basic service tier offered by such companies.

2021-S147 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S147

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the public service law, in relation to requiring cable
television companies and telephone corporations to provide local news
programming

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require every cable television company and telephone
corporation that provides cable television service to carry a local news
channel to ensure a source of local information to every community.

 
SUMMARY OF PROVISIONS:

  Section 1 of the bill is the legislative intent.

  Section 2 amends public service law section 215 by adding a new subdi-
vision 14 to require the public service commission, within sixty days of

the  effective date of this subdivision, to the extent permitted by, and
not contrary to applicable federal law and  rules  and  regulations,  to
issue  rules and regulations it deems appropriate, if any, to effectuate
the purposes of this act.

  Section 3 amends public service law section 224 by adding a new subdi-
vision 4a to:

  (a) Require every cable television company and  telephone  corporation
that  provides cable service to customers in New York to provide a local
news channel to such customers.

  (b) Define "local news channel".

  (c) Require that local news channel programming consist  primarily  of
independently  locally  produced  programming  and not be duplication or
rebroadcast of a local news channel produced or carried by another tele-
vision 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.

  (d) Require a local news channel be included in the basic service tier
offered by the cable television company or telephone corporation.

  Section  4  requires the Public Service Commission to 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 tele-
phone corporations with the requirements of this section and to  consid-
er, evaluate and report recommendations on or before December 1, 2021.

  Section 5 is the effective date.

 
JUSTIFICATION:

A  functioning  democracy depends on a citizenry informed y news in ways
that are currently in severe jeopardy. 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.

As  noted  in the spring 2018 Howard Law School Law Review Article "Fake
News", No News, and the needs of Local Communities,  there  has  been  a
significant  decrease  in  original  local news reporting. Increasingly,
small communities have no daily news coverage. According to the article,
more than 500 local stations broadcast no local news at all.   In  addi-
tion, due to newsroom cutbacks, local television reporting has weakened.
Reporters that cultivated sources, and became familiar with local issues
and the local community are rare.

Community  newspaper  reporters  who  once  regularly attended community
meetings and conducted interviews  have  seen  their  newspapers  close.
Despite  the  expanding number of news outlets on the internet, there is
not much original local reporting.

Most recently a cable television  provider  covering  the  Lower  Hudson
Valley,  Long  Island  and  northern  New  Jersey  has announced it will
discontinue its local news station and replace it with a rebroadcast  of
local  news  from  another  cable  television  service provider, further
exacerbating the demise of independent local news coverage.

This legislation will help ensure  that  residents  of  the  State  have
access  to  local  news and information critical to their health, safety
and welfare and necessary for citizenry in a functioning democracy.

 
PRIOR LEGISLATIVE HISTORY:

2019: S.6784 (Thomas)/A.8662 (Abinanti) - Referred to Rules Committee.
2020: S.6784 (Thomas)/A.8662 (Abinanti) - Referred to Energy  and  Tele-
communications Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect one year after this act shall have become law
for  any cable television company or telephone corporation not providing
a local news channel as of the fifteenth day  of  October  two  thousand
nineteen.

2021-S147 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    147
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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 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  TWENTY-ONE 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  TWENTY-ONE  THAT  ADDED  THIS SUBDIVISION, INCLUDING THE HOURS AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01762-02-1

 S. 147                              2
 
 DURATION OF SUCH PROGRAMMING BASED ON THE SIZE OF THE  CABLE  TELEVISION
 COMPANY  OR  TELEPHONE  CORPORATION  AND ITS AFFILIATES, THE SIZE OF ITS
 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-three,
 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, 2021.

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