Forbids owners of multi-tenant buildings to discriminate against telephone companies in physical access to the property to install equipment and provide services

BILL NUMBER:S1631

Title of bill

An act to amend the public service law, in relation to discrimination in franchises and privileges

Purpose or general idea of bill

To authorize all types of telecommunications service providers to install their facilities upon private premises under reasonable conditions.

Summary of specific provisions

This bill would amend the public service law by adding a new subdivision (4) to section 99 of the public service law prohibiting building owners from discriminating against telephone companies wishing to provide services to tenants in multi-tenant properties.

Subdivision 4 gives the Public Service Commission (PSC) jurisdiction to adjudicate any disputes involving this section.

This legislation would only effect prospective contracts and shall not impair or nullify any contracts in place before the effective date of this subdivision.

Section 2 of the bill amends Section 228 of the Public Service Law by adding a new subdivision 4 that would prohibit building owners from entering into or renewing exclusive marketing agreements with regard to multi-channel video programming services.

Justification

This bill would permit all types of telecommunications service providers to install their facilities upon private premises, under reasonable conditions, in recognition of the current range of telecommunications service choices available to consumers and the potential for expansion of such services. The bill would thereby allow equal access by telecommunications service providers to install their facilities in private premises so that consumers will in turn have full access to, a variety of telecommunications services.

Prior legislative history

2011-12: S.1081A - Referred to Energy & Telecommunications 2009-10: S.4997/A.5812 - Referred to Energy and Telecommunications/ Corporations, Authorities and Commissions Similar to: 2008-09: S.8640/A.2498A 2007-08: A.2948A 2005-06: A.6524 2003-04: A.1309 2001-02: A.11659

Fiscal implications for state and local government

None.

Effective date

This act shall take effect on the 120th day after it shall have become a law; provided that any and all rules and regulations and any other measures necessary to implement any provision of this act on its effective date may be promulgated and taken, respectively, on or before the effective date of such provision.