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This entry was published on 2023-07-07
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SECTION 399-YYY
Satellite television company providing television and/or telephone services
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 399-yyy. Satellite television company providing television and/or
telephone services. 1. Every direct broadcast satellite service
provider, as defined in this section, that provides television and/or
telephone services to customers in New York shall allow a person who is
under contract including, but not limited to a multi-year contract or
bundled contract with such satellite television company, to opt-out of
such contract without fee, penalty or charge when such a person is a
victim of domestic violence and provides an attestation in writing that
they no longer wish to be a party to such contract due to their status
as a victim of domestic violence. Such satellite television company may
not require such person to disclose confidential information or details
relating to such person's status as a victim of domestic violence, as a
condition of permitting such person to opt-out of such contract.
Further, such satellite television company may not make release from
such contract contingent on: (a) maintaining contractual or billing
responsibility of a separated account with the provider; (b) approval of
separation by the primary account holder, if the primary account holder
is not the person making such request; or (c) a prohibition or
limitation on the separation as a result of arrears accrued by the
account. Such satellite television company shall release such person
from such contract no later than seven days after receiving such opt-out
request. Such satellite television company shall dispose of information
submitted by such person no later than thirty days after receiving such
information in a manner as to maintain confidentiality of such
information. A claim for opting-out of such contract without charge
shall be made in good faith. Such satellite television company shall
waive the otherwise applicable fee, penalty or charge for such person
requesting to opt-out of such contract. Every satellite television
company shall make information about the options and process described
in this section readily available to consumers on the website and any
mobile application of the provider, in physical stores, and in other
forms of public-facing consumer communication.

2. For the purposes of this section, the following terms shall have
the following meanings:

(a) "Direct broadcast satellite service", means the distribution or
broadcasting by satellite of video programming or services directly to
receiving equipment located at an end user subscriber's or an end user
customer's premises, including, but not limited to, the provision of
premium channels, the provision of music or other audio services or
channels, and any other service received in connection with the
provision of direct broadcast satellite service.

(b) "Direct broadcast satellite service provider", means a person who
transmits, broadcasts or otherwise provides direct broadcast satellite
service to subscribers or customers in the state.

* 3. A covered provider and any officer, director, employee, vendor or
agent thereof shall not be subject to liability for any claims arising
from an action taken or omission made with respect to compliance with
subdivision one of this section.

* NB Effective June 30, 2023