Assembly Bill A6968

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6968
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to providing local
   professional sports broadcasts at no cost
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.   Short title. This act shall be known and may be cited as
 the "open and unrestricted right  to  see  team  athletic  displays  for
 inhabitants of unique markets act".
   §  2. The general business law is amended by adding a new article 41-A
 to read as follows:
 
                               ARTICLE 41-A
                         NO-COST SPORTS BROADCASTS
 
 SECTION 1030. NO-COST SPORTS BROADCASTS.
   § 1030. NO-COST SPORTS BROADCASTS.   1. AS USED IN  THIS  SECTION  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "NO-COST  BROADCASTER"  SHALL MEAN THE ENTITY THAT IS RESPONSIBLE
 FOR DISSEMINATING A LIVE ATHLETIC COMPETITION IN  ANY  WIDELY  AVAILABLE
 AUDIOVISUAL FORMAT TO THE PUBLIC.
   (B)  "NATIONAL OR INTERNATIONAL PROFESSIONAL SPORTS LEAGUE" SHALL MEAN
 ANY ORGANIZED ATHLETIC LEAGUE THAT IS COMPRISED OF MULTIPLE  TEAMS  FROM
 MULTIPLE  STATES OR COUNTRIES IN WHICH ATHLETES ARE COMPENSATED BY THEIR
 RESPECTIVE TEAMS OR THE LEAGUE AND WHO COMPETE AGAINST  ONE  ANOTHER  IN
 ATHLETIC COMPETITION.
   (C) "BROADCAST" SHALL MEAN TO DISSEMINATE LIVE CONTENT IN AN AUDIOVIS-
 UAL FORMAT.
   2.  (A)  EVERY ENTITY RESPONSIBLE FOR THE BROADCAST RIGHTS OF A SPORTS
 TEAM WHICH IS PART OF A NATIONAL OR  INTERNATIONAL  PROFESSIONAL  SPORTS
 LEAGUE  SHALL  ENSURE THAT EVERY PUBLICLY BROADCAST ATHLETIC COMPETITION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09319-03-5
              

 A. 6968                             2
 
 PLAYED BY SUCH SPORTS TEAM WHICH IS PLAYED IN A FACILITY THAT  IS  BENE-
 FITTING  OR  HAS  BENEFITTED  FROM  STATE  FUNDS, TAX SUBSIDIES, EMINENT
 DOMAIN, OR ANOTHER VALUABLE BENEFIT THAT WAS  MADE  AT  A  COST  TO  THE
 STATE,  SHALL  BE  MADE  AVAILABLE TO VIEW AT NO COST TO EVERY HOUSEHOLD
 WITHIN THE COUNTY SUCH FACILITY IS SITUATED IN AND ITS  ADJOINING  COUN-
 TIES, OR IF SUCH SPORTS TEAM IS AFFILIATED WITH NEW YORK, BUT THE FACIL-
 ITY  IN  WHICH  SUCH  TEAM'S  ATHLETIC COMPETITIONS ARE PLAYED IN IS NOT
 LOCATED WITHIN THE STATE,  SUCH  ATHLETIC  COMPETITIONS  SHALL  BE  MADE
 AVAILABLE TO VIEW AT NO COST TO ALL HOUSEHOLDS LOCATED WITHIN ANY COUNTY
 WITHIN THE STATE WITH A POPULATION OF ONE MILLION OR MORE.
   (B)  FOR  PURPOSES  OF  THIS  SECTION,  AN  ATHLETIC COMPETITION SHALL
 PRESUMPTIVELY BE DEEMED TO BE MADE AVAILABLE TO VIEW AT NO COST  TO  ALL
 HOUSEHOLDS  LOCATED  WITHIN  THE AREA REQUIRED BY THIS SUBDIVISION WHERE
 THE ENTITY RESPONSIBLE  FOR  THE  BROADCAST  RIGHTS  OF  A  SPORTS  TEAM
 PROVIDES  ONE  OR  MORE REASONABLY ACCESSIBLE BROADCASTS OF THE ATHLETIC
 COMPETITION THAT IS REASONABLY CALCULATED TO REACH THE  SAME  NUMBER  OF
 HOUSEHOLDS THAT A PAID OPTION WOULD HAVE.
   3.  (A)  A  BROADCAST  MADE  AVAILABLE  TO VIEW AT NO COST PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION SHALL BE  EITHER  THE  SAME  AUDIOVISUAL
 BROADCAST  OF  SUCH  ATHLETIC  COMPETITION WHICH IS AVAILABLE TO VIEW AS
 PART OF A PAID SERVICE OR SHALL BE SUBSTANTIALLY EQUIVALENT.
   (B) AN ENTITY RESPONSIBLE FOR THE BROADCAST RIGHTS OF A SPORTS TEAM AS
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION SHALL SUPPLY, OR REQUIRE  A
 THIRD  PARTY  RESPONSIBLE FOR THE PAID BROADCAST OF AN ATHLETIC COMPETI-
 TION TO SUPPLY, THE NO-COST BROADCASTER WITH AN AUDIOVISUAL BROADCAST OF
 AN ATHLETIC COMPETITION WHICH IS THE SAME OR SUBSTANTIALLY EQUIVALENT TO
 THE AUDIOVISUAL BROADCAST OF SUCH ATHLETIC COMPETITION WHICH  IS  AVAIL-
 ABLE TO VIEW AS PART OF A PAID SERVICE.
   (C)  AN  ENTITY, OR AN EMPLOYEE, AGENT, OR ANOTHER AT THE DIRECTION OF
 THE ENTITY, SHALL NOT  IMPOSE  ANY  RESTRICTION  REQUIRING  THE  NO-COST
 BROADCASTER  OF  AN  ATHLETIC  COMPETITION  TO REDUCE THE QUALITY OF THE
 AUDIOVISUAL BROADCAST OF SUCH ATHLETIC COMPETITION TO A QUALITY THAT  IS
 NOT THE SAME OR SUBSTANTIALLY EQUIVALENT TO THE AUDIOVISUAL BROADCAST OF
 SUCH  ATHLETIC  COMPETITION WHICH IS AVAILABLE TO VIEW AS PART OF A PAID
 SERVICE.
   4. WHEREVER THE  ATTORNEY  GENERAL  SHALL  FIND  THAT  AN  ENTITY  HAS
 VIOLATED THIS ARTICLE, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENER-
 AL  IN  THE  NAME  OF  THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF
 JUSTICE HAVING JURISDICTION 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  SATISFAC-
 TION  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  ENTITY  HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY
 SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE  ATTORNEY  GENERAL
 AS  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY THAT, IN  THE
 COURT'S  DISCRETION,  WILL  HAVE THE EFFECT OF DETERRING THE ENTITY FROM
 ENGAGING IN FUTURE VIOLATIONS OF THIS ARTICLE.  IN CONNECTION  WITH  ANY
 SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE
 PROOF AND MAKE A DETERMINATION  OF  THE  RELEVANT  FACTS  AND  TO  ISSUE
 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
 A. 6968                             3
 
   5.  IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO ANY
 PERSON OR CIRCUMSTANCES IS HELD INVALID, THE  INVALIDITY  THEREOF  SHALL
 NOT  AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE SECTION WHICH CAN BE
 GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND  TO  THIS
 END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.