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Sponsors
No co-sponsors yet.
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to prohibiting discrimination by cable television companies against video programming vendors
Purpose or general idea of bill
Prohibits discrimination by cable television companies against unaffiliated video programming vendors.
Summary of specific provisions
Adds a new subdivision 15 to §212 of the public service law defining a video program vendor as a person engaged in the production, creation, or wholesale distribution of video programming for sale. Adds a new §231 of the public service law making it unlawful for a cable television company to discriminate in the selection, terms, or conditions of carriage of video programming on the basis of affiliation or non-affiliation of video programming vendors. Allows a private right of action to enforce §231 with possible remedies of injunctive relief and treble damages against any cable television company found to be in violation. Allows video programming vendors or cable television companies to request review by the state attorney general of any contract for the purpose of ensuring compliance with §231. Allows the state attorney general to seek enforcement of §231 on behalf of the people of the state of New York.
Justification
Three cable television companies, Time Warner, Cablevision and Adelphia serve 51%, 34% and 10% of New York cable subscribers respectively, for a total of 95% of the state cable market. These large companies are part of large national conglomerates that include producers, creators and distributors of video programming. Such horizontal concentration and vertical integration in the cable television industry have created an imbalance of power between cable television companies and unaffiliated video programming vendors. Specifically, vertically integrated cable television companies have the incentive and the ability to favor video programming vendors with whom they share common ownership with respect to granting carriage on their cable systems and the terms and conditions of such carriage. This discriminatory exercise of their market power harms not only unaffiliated video programming vendors but also cable subscribers by limiting programming diversity and denying consumers access to unaffiliated video programming.
Prior legislative history
2004 - A7358 - referred to corporations, authorities & commissions. 2006 - S4632 - referred to corporations, authorities & commissions. 2008 - S2289 - referred to corporations, authorities & commissions.
Fiscal implications
Costs to the state would be under the discretion of the attorney general.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law and shall apply to contracts issued, renewed, altered or modified on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.