What's happening
This bill amends public service law to clarify approval standards for cable franchise renewals, amendments, and transfers, emphasizing public interest and regulatory compliance.
Why it matters
Clarifies and strengthens the standards for approving cable franchise transfers. The bill explicitly requires that both the new owner (transferee) and the system itself meet regulatory and legal standards before transfers are approved, ensuring responsible stewardship of cable systems.
Aligns renewal, amendment, and transfer criteria. By introducing parallel language for franchise renewals, amendments, and transfers, the bill closes potential loopholes and aims to ensure consistent scrutiny and public interest consideration across all types of franchise changes.
Emphasizes public interest as a deciding factor. Even if a cable system or transferee doesn't fully meet every regulatory standard, the commission can still approve changes if doing so is clearly in the public interest, granting regulatory flexibility to address unique or beneficial circumstances.
Applies new standards retroactively to pending applications. The law will affect not just future requests, but also any franchise applications already under review, potentially impacting ongoing deals or negotiations.
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Who cares
Cable companies seeking transfers
Applicants would have to demonstrate that a proposed transfer meets legal and regulatory requirements and serves the public interest, including for applications pending when the bill takes effect.
Prospective cable system buyers
Proposed transferees and the cable systems they would acquire would face an affirmative showing of conformity with commission standards, subject to a public-interest exception.
Public Service Commission
The commission would apply a separate approval test for transfers of franchises, control or significant cable facilities while retaining authority to approve standards exceptions in the public interest.
Cable subscribers
Transfers affecting their cable systems would require applicants to demonstrate that the transaction serves the public interest.
Headline styles
Tighten Cable Franchise Transfers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.267
- Returned to assembly
- Died in senate
- Recommitted to rules
- Substitution reconsidered
- 3rd reading cal.1836
- Substituted for S6466
- Referred to rules
- Delivered to senate
Show 5 earlier actions
- Passed assembly
- Advanced to third reading cal.549
- Reported
- Reported referred to codes
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tighten Cable Franchise Transfers
In Senate Committee · Energy And Telecommunications · Sponsor Kevin S. Parker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7372
2019-2020 Regular Sessions
IN ASSEMBLY
April 29, 2019
Introduced by M. of A. PAULIN -- (at request of the Department of Public Service) -- read once and referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to transfers of cable systems
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 222 of the public service law, as added by chapter 83 of the laws of 1995, is amended to read as follows:
3. (a) The commission shall approve the application for renewal or amendment of a franchise unless it finds that the applicant[, the proposed transferee] or the cable television system does not conform to the standards established in the regulations promulgated by the commission pursuant to section two hundred fifteen of this article or that approval would be in violation of law, any regulation or standard promulgated by the commission or the public interest, provided however, that a failure to conform to the standards established in the regulations promulgated by the commission shall not preclude approval of any such application if the commission finds that such approval would serve the public interest.
(b) The commission shall not approve the application for a transfer of a franchise, any transfer of control of a franchise or certificate of confirmation, or of facilities constituting a significant part of any cable television system unless the applicant demonstrates that the proposed transferee and the cable television system conform to the standards established in the regulations promulgated by the commission pursuant to section two hundred fifteen of this article, that approval would not be in violation of law, or any regulation or standards promulgated by the commission, and that the transfer is otherwise in the public interest; provided, however, that a failure to conform to the standards established in the regulations promulgated by the commission
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09333-01-9
A. 7372 2
shall not preclude approval of any such application if the commission finds that such approval would serve the public interest.
§ 2. This act shall take effect immediately and shall apply to any application pending before the public service commission on such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.