S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8662
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 21, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT  to amend the public service law, in relation to requiring cable
   television companies and telephone corporations to provide local  news
   programming

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature hereby finds that  it
 is  vital  to  the  public  health, safety and welfare that residents be
 informed about news and weather events and their impacts on their  local
 communities; and that to further this important government purpose every
 cable  television  company  and  telephone  corporation  providing cable
 service to customers in New York shall make available to every subscrib-
 er a source of local information affecting  their  community;  and  that
 this  purpose is best served by a content neutral requirement that every
 cable television company or provider of  cable  service  shall  carry  a
 local news channel pursuant to this act.
   § 2. Subdivision 13 of section 215 of the public service law, as added
 by  chapter  83 of the laws of 1995, is amended and a new subdivision 14
 is added to read as follows:
   13. Encourage and cooperate with other  state  agencies  that  collect
 information from cable television companies serving fewer than one thou-
 sand subscribers to eliminate duplicative reporting requirements[.];
   14. WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF  TWO  THOUSAND  NINETEEN  THAT  ADDED THIS SUBDIVISION, TO THE EXTENT
 PERMITTED BY, AND NOT CONTRARY TO APPLICABLE FEDERAL LAW AND  RULES  AND
 REGULATIONS,  ISSUE  SUCH RULES AND REGULATIONS IT DEEMS APPROPRIATE, IF
 ANY, TO EFFECTUATE THE PURPOSE OF THE CHAPTER OF THE LAWS OF  TWO  THOU-
 SAND NINETEEN THAT ADDED THIS SUBDIVISION, INCLUDING THE HOURS AND DURA-
 TION  OF  SUCH  PROGRAMMING  BASED  ON  THE SIZE OF THE CABLE TELEVISION
 COMPANY OR TELEPHONE CORPORATION AND ITS AFFILIATES,  THE  SIZE  OF  ITS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13988-03-9

 A. 8662                             2
 
 MARKET,  THE  SIZE  OF ITS COVERAGE AREA, THE NUMBER OF ITS SUBSCRIBERS,
 AND/OR THE NUMBER OF ITS CHANNELS IN THE RELEVANT COVERAGE AREA.
   §  3. Section 224 of the public service law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A. (A) EVERY CABLE TELEVISION COMPANY AND TELEPHONE CORPORATION,  AS
 DEFINED  IN  SUBDIVISION  SEVENTEEN OF SECTION TWO OF THIS CHAPTER, THAT
 PROVIDES CABLE SERVICE TO CUSTOMERS IN NEW YORK SHALL  PROVIDE  A  LOCAL
 NEWS CHANNEL TO SUCH CUSTOMERS.
   (B) AS USED IN THIS SECTION, "LOCAL NEWS CHANNEL" SHALL MEAN A CHANNEL
 WHICH  IS  DEDICATED  TO  THE  CATEGORY OF LOCALLY PRODUCED PROGRAMMING,
 INCLUDING BUT NOT LIMITED TO, NEWS, WEATHER AND PUBLIC AFFAIRS  PROGRAM-
 MING  PRIMARILY COVERING THE TOTAL GEOGRAPHIC COVERAGE AREA OF THE CABLE
 TELEVISION COMPANY OR TELEPHONE CORPORATION.
   (C) SUCH LOCAL NEWS CHANNEL PROGRAMMING  SHALL  CONSIST  PRIMARILY  OF
 INDEPENDENTLY  LOCALLY  PRODUCED  PROGRAMMING  AND SHALL NOT BE A DUPLI-
 CATION OR REBROADCAST OF A LOCAL NEWS CHANNEL PRODUCED  AND  CARRIED  BY
 ANOTHER  CABLE  TELEVISION  COMPANY  OR  TELEPHONE CORPORATION PROVIDING
 CABLE SERVICE TO CUSTOMERS IN NEW YORK COVERING  ALL  OR  A  SIGNIFICANT
 PORTION  OF THE GEOGRAPHIC COVERAGE AREA OF THE CABLE TELEVISION COMPANY
 OR TELEPHONE CORPORATION. NOTHING HEREIN SHALL BE DEEMED  TO  PREVENT  A
 CABLE TELEVISION COMPANY OR TELEPHONE CORPORATION FROM ALSO CARRYING ONE
 OR  MORE ADDITIONAL CHANNELS WHICH ARE A DUPLICATION OR REBROADCAST OF A
 LOCAL NEWS CHANNEL CARRIED BY ANOTHER CABLE TELEVISION COMPANY OR  TELE-
 PHONE  CORPORATION OR FROM REBROADCASTING PROGRAMMING CARRIED BY ANOTHER
 CABLE TELEVISION COMPANY OR TELEPHONE CORPORATION.
   (D) A LOCAL NEWS CHANNEL SHALL BE INCLUDED IN THE BASIC  SERVICE  TIER
 OFFERED BY THE CABLE TELEVISION COMPANY OR TELEPHONE CORPORATION.
   (E)  NOTHING HEREIN SHALL BE CONSTRUED TO BE A PROHIBITION OF OR LIMI-
 TATION ON PROGRAMMING AS DESCRIBED IN SECTION TWO HUNDRED TWENTY-NINE OF
 THIS ARTICLE.
   § 4. On or before the first day of December two  thousand  twenty-one,
 the  chairman of the public service commission shall study and report to
 the governor, the temporary president of the senate and the  speaker  of
 the  assembly  on compliance by cable television companies and telephone
 corporations with the requirements of subdivision 4-a of section 224  of
 the  public  service  law  as  added by this chapter and shall consider,
 evaluate and report recommendations regarding such.
   § 5. This act shall take effect immediately; provided,  however,  that
 section  three  of  this  act  shall take effect one year after this act
 shall have become a law for any cable television  company  or  telephone
 corporation not providing a local news channel as of October 15, 2019.