NY State Senate Bill 2019-S6784

Senate Bill S6784

2019-2020 Legislative Session

Relates to requiring cable television companies and telephone corporations to provide local news 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to energy and telecommunications
Oct 18, 2019	referred to rules

2019-S6784 (ACTIVE) - Details

See Assembly Version of this Bill:: A8662
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§215 & 224, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:: S147, A4144

2019-S6784 (ACTIVE) - Summary

Requires cable television companies and telephone corporations to provide local news channels to customers in the basic service tier offered by such companies.

2019-S6784 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6784

SPONSOR: THOMAS
 
TITLE OF BILL:  An act to amend the public service law, in relation to
requiring cable television companies and telephone corporations to
provide local news programming

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require every cable television company and telephone
corporation that provides cable television service to carry a local news
channel to ensure a source of local information to every community.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the legislative intent.

Section 2 amends public service law section 215 by adding a new subdivi-
sion 14 to require the public service commission, within sixty days of
the effective date of this subdivision, to the extent permitted by, and
not contrary to applicable federal law and rules and regulations, to

issue rules and regulations it deems appropriate, if any, to effectuate
the purposes of this act.

Section 3 amends public service law section 224 by adding a new subdivi-
sion 4-a to:

(a) Require every cable television company and telephone corporation
that provides cable service to customers in New York to provide a local
news channel to such customers.

(b) Define "local news channel".

(c) Require that local news channel programming consist primarily of
independently locally produced programming and not be a duplication or
rebroadcast of a local news channel produced or carried by another tele-
vision 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.

(d) Require a local news channel be included in the basic service tier
offered by the cable television company or telephone corporation.

Section 4 requires the Public Service Commission to 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 this section and to consider,
evaluate and report recommendations on or before December 1, 2021.

Section 5 is the effective date.

 
JUSTIFICATION:

A functioning democracy depends on a citizenry informed by news in ways
that are currently in severe jeopardy. 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.

As noted in the spring 2018 Howard Law School Law Review Article "Fake
News," No News, and the Needs of Local Communities, there has been a
significant decrease in original local news reporting.  Increasingly,
small communities have no daily news coverage. According to the article,
more than 500 local stations broadcast no local news at all. In addi-
tion, due to newsroom cutbacks, local television reporting has weakened.
Reporters that cultivated sources, and became familiar with local issues
and the local community are rare.

Community newspaper reporters who once regularly attended community
meetings and conducted interviews have seen their newspapers close.
Despite the expanding number of news outlets on the internet, there is
not much original local reporting.

Most recently a cable television provider covering the Lower Hudson
Valley, Long Island and northern New Jersey has announced it will
discontinue its local news station and replace it with a rebroadcast of
local news from another cable television service provider, further
exacerbating the demise of independent local news coverage.

This legislation will help ensure that residents of the State have
access to local news and information critical to their health, safety
and welfare and necessary for citizenry in a functioning democracy.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
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 law for any cable television company or telephone corporation not
providing a local news channel as of the fifteenth day of October two
thousand nineteen.

2019-S6784 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6784
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 18, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 6784                             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.

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