NY State Senate Bill 2013-S1631

Senate Bill S1631

2013-2014 Legislative Session

Forbids owners of multi-tenant buildings to discriminate against telephone companies in physical access to the property to install equipment and provide services

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 08, 2014	referred to energy and telecommunications
Jan 09, 2013	referred to energy and telecommunications

2013-S1631 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§99 & 228, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4997
2011-2012: S1081

2013-S1631 (ACTIVE) - Summary

Forbids building owners of multi-tenant properties to discriminate against telephone companies in physical access to the property to install equipment and provide telecommunications services; gives the public service commission authority to regulate access and adjudicate disputes.

2013-S1631 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1631

TITLE OF BILL:
An act
to amend the public service law, in relation to discrimination in
franchises and privileges

PURPOSE OR GENERAL IDEA OF BILL:
To authorize all types of telecommunications service providers to
install their facilities upon private premises under reasonable
conditions.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend the public service law by adding a new
subdivision (4) to section 99 of the public service law prohibiting
building owners from discriminating against telephone companies
wishing to provide services to tenants in multi-tenant properties.

Subdivision 4 gives the Public Service Commission (PSC) jurisdiction
to adjudicate any disputes involving this section.

This legislation would only effect prospective contracts and shall not
impair or nullify any contracts in place before the effective date of
this subdivision.

Section 2 of the bill amends Section 228 of the Public Service Law by

adding a new subdivision 4 that would prohibit building owners from
entering into or renewing exclusive marketing agreements with regard
to multi-channel video programming services.

JUSTIFICATION:
This bill would permit all types of telecommunications service
providers to install their facilities upon private premises, under
reasonable conditions, in recognition of the current range of
telecommunications service choices available to consumers and the
potential for expansion of such services. The bill would thereby
allow equal access by telecommunications service providers to install
their facilities in private premises so that consumers will in turn
have full access to, a variety of telecommunications services.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.1081A - Referred to Energy & Telecommunications
2009-10: S.4997/A.5812 - Referred to Energy and Telecommunications/
Corporations, Authorities and Commissions
Similar to:
2008-09: S.8640/A.2498A
2007-08: A.2948A
2005-06: A.6524
2003-04: A.1309
2001-02: A.11659

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None.

EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become
a law; provided that any and all rules and regulations and any other
measures necessary to implement any provision of this act on its
effective date may be promulgated and taken, respectively, on or
before the effective date of such provision.

2013-S1631 (ACTIVE) - Bill Text download pdf

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

                                  1631

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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 discrimination in
  franchises and privileges

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

  Section 1. Section 99 of the public service law is amended by adding a
new subdivision 4 to read as follows:
  4. NO BUILDING OWNER MAY DISCRIMINATE AGAINST A TELEPHONE  COMPANY  OR
ITS ABILITY TO PROVIDE SERVICES TO ONE OR MORE TENANTS OF A MULTI-TENANT
PROPERTY  THAT  IS  OWNED OR CONTROLLED BY THE BUILDING OWNER, INCLUDING
DISCRIMINATORY TERMS AND CONDITIONS BY WHICH A TELEPHONE  COMPANY  GAINS
PHYSICAL  ACCESS  TO  THE  PROPERTY  TO PLACE ITS FACILITIES AND PROVIDE
TELECOMMUNICATIONS SERVICES TO THE PROPERTY'S  TENANTS.  THE  COMMISSION
SHALL  HAVE JURISDICTION TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION
BY APPROPRIATE RULES AND REGULATIONS AND TO ADJUDICATE  ADMINISTRATIVELY
DISPUTES  ARISING  UNDER  THIS  SUBDIVISION. IN NO EVENT MAY THE LACK OF
AGREEMENT OVER TERMS AND CONDITIONS OF ACCESS DELAY  THE  ABILITY  OF  A
REQUESTING  TELECOMMUNICATIONS  COMPANY  TO  OBTAIN ACCESS FOR MORE THAN
THIRTY DAYS FOLLOWING AN INITIAL REQUEST THEREFOR.   THE  PROVISIONS  OF
THIS  SUBDIVISION  SHALL  NOT  IMPAIR  OR  NULLIFY ANY CONTRACT IN PLACE
BEFORE THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 2. Section 228 of the public service law is amended by adding a  new
subdivision 4 to read as follows:
  4.  (A)  NO  PROVIDER  OF  MULTICHANNEL  VIDEO  PROGRAMMING OR OWNERS,
LESSORS, MANAGERS OR  PERSONS  CONTROLLING  OR  MANAGING  A  RESIDENTIAL
MULTIUNIT  BUILDING  SHALL  ENTER  INTO OR RENEW ANY EXCLUSIVE MARKETING
AGREEMENT WITH REGARD TO MULTICHANNEL VIDEO PROGRAMMING SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02784-01-3

S. 1631                             2

  (B) FOR PURPOSES OF THIS SUBDIVISION "EXCLUSIVE  MARKETING  AGREEMENT"
IS A CONTRACT OR OTHER ARRANGEMENT, OTHER THAN A BULK SALES ARRANGEMENT,
BETWEEN  THE  OWNER, LESSOR, MANAGER OR PERSON CONTROLLING OR MANAGING A
RESIDENTIAL MULTIUNIT BUILDING  AND  A  MULTICHANNEL  VIDEO  PROGRAMMING
PROVIDER  IN  WHICH A MULTICHANNEL VIDEO PROGRAMMING PROVIDER IS GRANTED
PREFERENCE OR EXCLUSIVE RIGHTS WITH REGARD TO THE MARKETING OR  OFFERING
OF SERVICES, OR ACCESS TO THE PREMISES FOR PURPOSES THEREOF.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately any and all rules and
regulations and any other measures necessary to implement any  provision
of  this act on its effective date may be promulgated and taken, respec-
tively, on or before the effective date of such provision.

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