S T A T E   O F   N E W   Y O R K
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                                    818
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CROUCH,  ABINANTI, FINCH, HAWLEY, McDONOUGH,
   McKEVITT, THIELE -- read once and referred to the Committee on  Corpo-
   rations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to providing custom-
   ers the right to choose the stations that they wish to receive

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 225-a to read as follows:
   §  225-A. CABLE SUBSCRIBERS RIGHT TO ACCESS. 1. EVERY CABLE TELEVISION
 COMPANY SHALL PROVIDE EACH SUBSCRIBER THE OPTION TO ACCESS  CABLE  CHAN-
 NELS  ON AN INDIVIDUAL BASIS. ANY CABLE SUBSCRIBER SHALL BE PROVIDED THE
 ABILITY TO DETERMINE EACH CABLE CHANNEL THAT IS DELIVERED TO HIS OR  HER
 HOUSE.  A  CABLE  COMPANY MAY CONTINUE TO OFFER A GROUP OF CHANNELS AS A
 PACKAGE DEAL WITH A PACKAGE RATE,  PROVIDED  THAT  SUBSCRIBERS  ARE  NOT
 REQUIRED TO PURCHASE CHANNELS AS A PACKAGE.
   2.  NOTWITHSTANDING  THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-FIVE
 OF THIS ARTICLE TO THE CONTRARY, A  CABLE  TELEVISION  COMPANY  MAY  NOT
 CHARGE  A SUBSCRIBER FOR ANY CHANNEL THAT THE SUBSCRIBER DOES NOT CHOOSE
 TO PURCHASE.
   3. ALL RATES CHARGED BY CABLE TELEVISION COMPANIES TO SUBSCRIBERS  FOR
 INDIVIDUAL  CHANNELS  SHALL  BE  FIRST  SUBMITTED  TO THE PUBLIC SERVICE
 COMMISSION FOR APPROVAL. THE PUBLIC SERVICE COMMISSION SHALL ENSURE THAT
 A CABLE TELEVISION COMPANY DOES NOT CHARGE AN INFLATED RATE FOR AN INDI-
 VIDUAL CHANNEL IN AN ATTEMPT TO REQUIRE SUBSCRIBERS TO PURCHASE  PACKAGE
 DEALS. THE COMMISSION SHALL MAKE A DETERMINATION.
   4.  ANY  SUBSCRIBER  WHO  IS DENIED THE ABILITY TO PURCHASE INDIVIDUAL
 CHANNELS BY A CABLE TELEVISION COMPANY MAY BRING AN ACTION IN HIS OR HER
 OWN NAME. SUCH PERSON SHALL BE ENTITLED TO HIS OR HER ACTUAL DAMAGES  OR
 FIVE  HUNDRED DOLLARS, WHICHEVER IS GREATER. IN ADDITION TO ANY MONETARY
 AWARD, THE COURT SHALL ISSUE AN ORDER  REQUIRING  THE  CABLE  TELEVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04580-01-7

 A. 818                              2
 
 COMPANY  TO  COMPLY  WITH  THE PROVISIONS OF THIS SECTION WITHIN FIFTEEN
 DAYS. FAILURE TO COMPLY WITHIN THE FIFTEEN DAY PERIOD SHALL CONSTITUTE A
 SEPARATE OFFENSE FOR WHICH THE SUBSCRIBER MAY  BRING  ANOTHER  CAUSE  OF
 ACTION PURSUANT TO THIS SUBDIVISION.
   5.  FOR  THE  PURPOSES  OF THIS SECTION, A "SUBSCRIBER" SHALL MEAN ANY
 PERSON WHO IS CURRENTLY RECEIVING SERVICE FROM A CABLE TELEVISION COMPA-
 NY, OR WHO IS SEEKING TO RECEIVE SERVICE FROM A CABLE TELEVISION  COMPA-
 NY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law. Effective immediately, the public service
 commission may implement any rule or regulation necessary  to  determine
 the  appropriate rate of charge for individual channels or the procedure
 for submitting such rates to the commission.