NY State Senate Bill 2025-S4653

Senate Bill S4653

2025-2026 Legislative Session

Relates to agreements between multichannel video programming distributors and video programmers

download bill text pdf

Current Bill Status - In Senate Committee Judiciary 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2025	referred to judiciary

co-Sponsors

2025-S4653 (ACTIVE) - Details

See Assembly Version of this Bill:: A5870
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §5-338, Gen Ob L

2025-S4653 (ACTIVE) - Summary

Enacts the "television subscriber choice act" to enhance consumer choice and ensure that multichannel video programming distributors have the flexibility to offer programming packages that best meet the needs and preferences of their subscribers; requires that a video programmer shall offer each channel for license to a multichannel video programming distributor without requiring channel bundling requirements as a condition of carriage of such channel; makes it unlawful for a video programmer to demand unreasonable fees or other financial obligations for channel carriage; defines terms

2025-S4653 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4653

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general obligations law, in relation to agreements
between multichannel video programming distributors and video program-
mers

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would enhance consumer choice and affordability in programming
by allowing multichannel video programming distributors (MVPDs) to offer
more flexible and customizable programming packages.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill relates to the title and legislative findings.

Section two of the bill amends the general obligations law as it relates
to agreements between multichannel video programming distributors and
video programmers including prohibiting restrictive conditions in

programming agreements, such as minimum penetration requirements,
mandated packaging or tiering, and other channel offering restrictions.
It also requires programmers to offer their content to multichannel
video programming distributors unbundled.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

The practice of channel bundling and the imposition of minimum pene-
tration provisions by video programmers can significantly limit consumer
choice, increase costs, and stifle competition among multichannel video
programming distributors (MVPDs), including cable, satellite, and other
distributors. This bill aims to address these issues by enhancing
consumer choice and ensuring that MVPDs have the flexibility to offer
programming packages that best meet the needs and preferences of their
subscribers.

By allowing MVPDs to offer more flexible and customizable programming
packages, this legislation will foster a more competitive and consumer-
friendly market for video programming distribution.  Ultimately, this
will benefit the public by providing greater access to affordable
programming options, ensuring that consumers are not forced to pay for
channels they do not want or need.

This legislation is an important step towards creating a fairer and more
dynamic video programming market, where consumer preferences drive the
offerings.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to contracts
entered into on or after such date.

2025-S4653 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4653
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation  to  agreements
   between multichannel video programming distributors and video program-
   mers

   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 "television subscriber choice act".
   §  2.  Legislative findings and intent. The legislature finds that the
 practice of channel bundling and the imposition of  minimum  penetration
 provisions  by  video  programmers  can  limit consumer choice, increase
 costs, and  stifle  competition  among  multichannel  video  programming
 distributors including cable, satellite and other distributors. This act
 aims  to  enhance  consumer  choice  and  ensure that multichannel video
 programming distributors have the flexibility to offer programming pack-
 ages that best meet the needs  and  preferences  of  their  subscribers.
 This  legislation  will  foster a more competitive and consumer-friendly
 market for video programming  distribution,  ultimately  benefiting  the
 public by providing greater access to diverse and affordable programming
 options.
   §  3.  The  general obligations law is amended by adding a new section
 5-338 to read as follows:
   § 5-338. AGREEMENTS BETWEEN MULTICHANNEL VIDEO  PROGRAMMING  DISTRIBU-
 TORS  AND  VIDEO  PROGRAMMERS.  1. FOR THE PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CABLE TELEVISION COMPANY" SHALL HAVE THE SAME MEANING AS IN ARTI-
 CLE ELEVEN OF THE PUBLIC SERVICE LAW.
   (B) "VIDEO PROGRAMMER" MEANS ANY ENTITY THAT PROVIDES  VIDEO  PROGRAM-
 MING THAT IS INTENDED FOR DISTRIBUTION TO RESIDENTIAL, MULTI-DWELLING OR
 COMMERCIAL  UNITS INCLUDING, BUT NOT LIMITED TO, BROADCAST OR NON-BROAD-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08764-01-5

 S. 4653                             2
 
 CAST TELEVISION NETWORKS AND THE OWNERS AND LICENSORS OF  SUCH  PROGRAM-
 MING.
   (C)  "CHANNEL  BUNDLING"  MEANS  ANY PROVISION AS PART OF AN AGREEMENT
 BETWEEN  A  MULTICHANNEL  VIDEO  PROGRAMMING  DISTRIBUTOR  AND  A  VIDEO
 PROGRAMMER  THAT REQUIRES THE MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR
 TO DISTRIBUTE AN ADDITIONAL CHANNEL OR  CHANNELS  OWNED  BY  SUCH  VIDEO
 PROGRAMMER OR AN AFFILIATE AS AN EXPLICIT OR IMPLIED CONDITION OF ENTER-
 ING AN AGREEMENT WITH SUCH VIDEO PROGRAMMER.
   (D) "MINIMUM PENETRATION PROVISIONS" MEANS ANY PROVISION AS PART OF AN
 AGREEMENT  BETWEEN  A  MULTICHANNEL  VIDEO PROGRAMMING DISTRIBUTOR AND A
 VIDEO  PROGRAMMER  THAT  REQUIRES  THE  MULTICHANNEL  VIDEO  PROGRAMMING
 DISTRIBUTOR TO DISTRIBUTE ONE OR MORE CHANNELS IN CERTAIN PACKAGES OR TO
 A MINIMUM NUMBER OR PERCENTAGE OF SUBSCRIBERS.
   (E)  "BROADCAST SATELLITE SERVICE PROVIDER" MEANS AN ENTITY THAT OPER-
 ATES A CHANNEL OF COMMUNICATIONS FOR POINT-TO-MULTIPOINT DISTRIBUTION OF
 TELEVISION STATION SIGNALS, AND THAT OWNS OR  LEASES  A  CAPACITY  OR  A
 SERVICE  ON  A  SATELLITE  IN  ORDER TO PROVIDE SUCH POINT-TO-MULTIPOINT
 DISTRIBUTION.
   (F) "ONLINE VIDEO DISTRIBUTOR" MEANS ANY ENTITY  THAT  PROVIDES  VIDEO
 PROGRAMMING  BY  MEANS  OF  THE  INTERNET  OR  OTHER  INTERNET  PROTOCOL
 (IP)-BASED TRANSMISSION PATH WHERE THE TRANSMISSION PATH IS PROVIDED  BY
 A PERSON OTHER THAN THE ONLINE VIDEO DISTRIBUTOR.
   (G)  "MULTICHANNEL  VIDEO  PROGRAMMING  DISTRIBUTOR" MEANS A PERSON OR
 ENTITY SUCH AS, BUT NOT LIMITED TO, A CABLE TELEVISION COMPANY, A MULTI-
 CHANNEL MULTIPOINT DISTRIBUTION SERVICE, A BROADCAST  SATELLITE  SERVICE
 PROVIDER,  ONLINE  VIDEO DISTRIBUTOR OR A TELEVISION RECEIVE-ONLY SATEL-
 LITE PROGRAM DISTRIBUTOR, WHO MAKES AVAILABLE FOR PURCHASE, BY SUBSCRIB-
 ERS OR CUSTOMERS, MULTIPLE CHANNELS OF VIDEO PROGRAMMING.
   (H) "SUBSCRIBER" MEANS AN INDIVIDUAL LOCATED IN THE STATE OF NEW  YORK
 WHO  SUBSCRIBES  TO VIDEO SERVICES FROM A MULTICHANNEL VIDEO PROGRAMMING
 DISTRIBUTOR.
   2. NO VIDEO PROGRAMMER SHALL ENFORCE OR EXECUTE  ANY  PROVISION  IN  A
 CONTRACT WITH A MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR THAT DIRECTLY
 OR INDIRECTLY HAS THE PURPOSE OR EFFECT OF:
   (A)  SETTING  AS  A  CONDITION  OF  CARRIAGE THE NUMBER OF SUBSCRIBERS
 WHETHER SUCH NUMBER IS STATED AS A TOTAL  NUMBER  OF  SUBSCRIBERS  OR  A
 PERCENTAGE  OF  A  MULTICHANNEL  VIDEO  PROGRAMMING  DISTRIBUTOR'S VIDEO
 SUBSCRIBERS; OR
   (B) PRESCRIBING  THE  SERVICE  TIER,  PACKAGE,  OR  LEVEL  WHERE  SUCH
 PROGRAMMING OR STATION MUST BE CARRIED; OR
   (C) SETTING A RATE OTHER THAN A RATE PER VIEWING SUBSCRIBER REGARDLESS
 OF THE TIER, PACKAGE, VOLUME, OR LEVEL OF CARRIAGE; OR
   (D)  OTHERWISE RESTRICTING, IS INTENDED TO RESTRICT, OR HAS THE EFFECT
 OF RESTRICTING, THE MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR'S PACKAG-
 ING OR PRICING OF SUCH PROGRAMMING OR STATIONS.
   3. A VIDEO PROGRAMMER SHALL OFFER EACH CHANNEL FOR LICENSE TO A MULTI-
 CHANNEL VIDEO PROGRAMMING DISTRIBUTOR WITHOUT REQUIRING CHANNEL BUNDLING
 REQUIREMENTS AS A CONDITION OF CARRIAGE OF SUCH CHANNEL.
   4. IT SHALL BE UNLAWFUL FOR A VIDEO PROGRAMMER TO DEMAND  UNREASONABLE
 FEES  OR  OTHER  FINANCIAL  OBLIGATIONS FOR CHANNEL CARRIAGE PURSUANT TO
 SUBDIVISION THREE OF THIS SECTION.
   5. ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO  PUBLIC
 POLICY AND THUS IS VOID AND UNENFORCEABLE.
   6.  THIS  SECTION  SHALL NOT PROHIBIT A MULTICHANNEL VIDEO PROGRAMMING
 DISTRIBUTOR FROM ENTERING INTO AGREEMENTS THAT INCLUDE VOLUME  OR  OTHER
 S. 4653                             3
 
 INCENTIVES,  WHETHER FINANCIAL OR OTHERWISE, BASED ON PACKAGING, VIEWER-
 SHIP OR OTHER METRICS RELATED TO CHANNEL USAGE.
   7.  IF  A VIDEO PROGRAMMER FAILS TO COMPLY WITH THE PROVISIONS OF THIS
 SECTION, A MULTICHANNEL VIDEO PROGRAMMING  DISTRIBUTOR  MAY  COMMENCE  A
 CIVIL  ACTION  IN A COURT OF COMPETENT JURISDICTION WITHIN THE STATE. IN
 SUCH ACTION, THE COURT MAY GRANT  INJUNCTIVE  RELIEF  AS  NECESSARY  AND
 APPROPRIATE  TO  REMEDY  THE  EFFECTS  OF ANY FAILURE TO COMPLY WITH THE
 PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 contracts entered into on or after such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4653

Share this bill

Sponsored By

Leroy Comrie