Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to energy and telecommunications |
Feb 09, 2009 |
referred to energy and telecommunications |
Senate Bill S1882
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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
Actions
2009-S1882 (ACTIVE) - Details
- Current Committee:
- Senate Energy And Telecommunications
- Law Section:
- Public Service Law
- Laws Affected:
- Amd §212, add §231, Pub Serv L
2009-S1882 (ACTIVE) - Summary
Prohibits discrimination by cable television companies against unaffiliated video programming vendors; requires that, prior to a contract between a cable television company and a video programming vendor takes effect, the attorney general shall certify that such contract satisfies certain provisions of law and is in the best interest of the public interest; provides that if a violation is discovered the court shall have the power to issue an injunction enjoining and restraining any further violations and requiring the defendant cable television company to carry the video programming of the video programming vendor.
2009-S1882 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1882 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
2009-S1882 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1882 2009-2010 Regular Sessions I N S E N A T E February 9, 2009 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, in relation to prohibiting discrimination by cable television companies against video programming vendors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 212 of the public service law is amended by adding a new subdivision 15 to read as follows: 15. "VIDEO PROGRAMMING VENDOR" SHALL MEAN A PERSON ENGAGED IN THE PRODUCTION, CREATION, OR WHOLESALE DISTRIBUTION OF VIDEO PROGRAMMING FOR SALE. S 2. The public service law is amended by adding a new section 231 to read as follows: S 231. PROHIBITION AGAINST DISCRIMINATION IN CABLE PROGRAMMING. 1. IT SHALL BE UNLAWFUL FOR A CABLE TELEVISION COMPANY TO DISCRIMINATE IN THE SELECTION, TERMS, OR CONDITIONS FOR CARRIAGE OF VIDEO PROGRAMMING ON THE BASIS OF AFFILIATION OR NON-AFFILIATION OF VIDEO PROGRAMMING VENDORS. 2. ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF THIS SECTION MAY BRING, IN ANY COURT OF COMPETENT JURISDICTION IN ITS OWN NAME, (A) AN ACTION TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, (B) AN ACTION TO RECOVER ITS ACTUAL DAMAGES, OR (C) BOTH SUCH ACTIONS REFERRED TO IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION. IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT THAT THE DEFENDANT CABLE TELEVISION COMPA- NY HAS VIOLATED THIS SECTION, AN INJUNCTION SHALL BE ISSUED BY THE COURT ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, AND REQUIRING SUCH DEFENDANT TO CARRY THE VIDEO PROGRAMMING OF THE UNAFFILIATED VIDEO PROGRAMMING VENDOR UPON SUCH TERMS AND CONDITIONS AS THE COURT MAY DETERMINE FOLLOWING THE PRESENTATION AND CONSIDERATION OF APPROPRIATE EVIDENCE, INCLUDING EVIDENCE AS TO THE TERMS AND CONDITIONS OF CARRIAGE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05280-01-9
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