S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5154
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  read once and referred to the
   Committee on Corporations, 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:
   § 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
 COMPANY TO COMPLY WITH THE PROVISIONS OF  THIS  SECTION  WITHIN  FIFTEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05228-01-3
              

 A. 5154                             2
 
 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.
   § 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.