Senate Bill S4997

2009-2010 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

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Sponsored By

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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2009-S4997 (ACTIVE) - Details

See Assembly Version of this Bill:
A5812
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:
2011-2012: S1081, A6564
2013-2014: S1631

2009-S4997 (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.

2009-S4997 (ACTIVE) - Sponsor Memo

2009-S4997 (ACTIVE) - Bill Text download pdf 

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

                                  4997

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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.
  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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08669-01-9

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