NY State Senate Bill 2009-S1911

Senate Bill S1911

2009-2010 Legislative Session

Requires certain cable television consumer notices to include a clear statement with regard to certain programming

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to energy and telecommunications
Feb 09, 2009	referred to energy and telecommunications

2009-S1911 (ACTIVE) - Details

See Assembly Version of this Bill:: A9895
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §224-a, Pub Serv L
Versions Introduced in 2011-2012 Legislative Session:: S1518

2009-S1911 (ACTIVE) - Summary

Requires certain cable television consumer notices to include a clear statement that subscription to video programming offered on a per channel or per program basis is available with a subscription to basic service, without the purchase of any other service tier.

2009-S1911 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1911

 TITLE OF BILL :

An act to amend the public service law, in relation to cable
television consumer protection rate and programming notices

 PURPOSE OR GENERAL IDEA OF BILL :

To clarify that a cable operator must include in its rate and
programming notices information regarding subscribers' ability to
purchase per channel or per program services without having to buy any
service tier beyond the basic tier.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill specifies that a cable operator must include
in its rate and programming notices information regarding subscribers'
ability to purchase per channel or per program services without having
to buy any service tier beyond the basic tier.

 JUSTIFICATION :

The federal Cable Television Consumer Protection Act and Competition
Act of 1992 prohibits a cable operator from requiring the subscription
to any tier other than the basic service tier as a condition of access

to video programming on a per channel or per program basis. 47 U.S.c.
§ 543(b) (8) (A). The 1992 Act also delayed the effect of this
prohibition for ten years. 47 U.S.c. § 543(b) (8) (B). Thus, by
operation of law, the prohibition became effective in 2002.

New York State law requires cable operators to give consumers notices
of rate, programming, service and equipment information. Public
Service Law § 224-a(4). Under current law, these notices should
include information that subscribers can buy per channel and per
program services without having to buy any service tier beyond the
basic tier. The Assembly Committee on Oversight, Analysis and
Investigation conducted a survey of New York cable operators' rates
and programming in 2003. In the course of conducting the survey,
Committee staff reviewed rate and programming notices from all the
major cable operators in New York. Many operators' notices did not
include the required notice that subscribers can buy per channel and
per program services without having to buy any service tier beyond the
basic tier. ("Time to Change the Channel:  Cable Television Prices in
New York State", p.10 (2003). The instant bill will clarify that this
particular information is included in the descriptions and notices
required by this subdivision.

 PRIOR LEGISLATIVE HISTORY :

2004 - A11177 - Referred to Corporations, Authorities and Commissions
2006 - S4626 - Referred to Energy & Telecommunications
2008 - S2293 - Referred to Energy & Telecommunications

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Thirty days after it shall have become law.

2009-S1911 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1911

                       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 cable television
  consumer protection rate and programming notices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 224-a of the public service law is
amended by adding a new paragraph (d) to read as follows:
  (D)  THE  NOTICES  OR  DESCRIPTIONS REQUIRED BY THIS SUBDIVISION SHALL
INCLUDE A CLEAR STATEMENT THAT SUBSCRIPTION TO VIDEO PROGRAMMING OFFERED
ON A PER CHANNEL OR PER PROGRAM BASIS IS AVAILABLE WITH  A  SUBSCRIPTION
TO BASIC SERVICE, WITHOUT THE PURCHASE OF ANY OTHER SERVICE TIER.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05284-01-9

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