S T A T E O F N E W Y O R K
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5154
2023-2024 Regular Sessions
I N A S S E M B L Y
March 3, 2023
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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.