New York Senate Bill S04653

New York 2025-2026 Regular Session

• Introduced: 2/10/25
• Refer: 2/10/25
• Refer: 1/7/26

Caption

Enacts the "television subscriber choice act" to enhance consumer choice and ensure that multichannel video programming distributors have the flexibility to offer programming packages that best meet the needs and preferences of their subscribers; requires that a video programmer shall offer each channel for license to a multichannel video programming distributor without requiring channel bundling requirements as a condition of carriage of such channel; makes it unlawful for a video programmer to demand unreasonable fees or other financial obligations for channel carriage; defines terms; makes related provisions.

Summary

S04653, the “Television Subscriber Choice Act,” would regulate certain carriage agreements between multichannel video programming distributors and video programmers in New York. The bill is aimed at reducing channel bundling and minimum penetration requirements that the Legislature says can limit consumer choice, raise costs, and reduce competition. It defines key terms such as cable television company, video programmer, online video distributor, broadcast satellite service provider, and multichannel video programming distributor, and it applies to contracts entered into on or after the effective date. Under the bill, a video programmer could not enforce contract terms that condition carriage on subscriber counts, require placement in a particular tier or package, set rates other than per-viewing-subscriber rates, or otherwise restrict a distributor’s packaging or pricing decisions. It also requires programmers to offer each channel for license without bundling requirements as a condition of carriage and prohibits unreasonable fees or other financial obligations tied to channel carriage. Any waiver of these protections would be void as against public policy, and distributors could bring civil actions seeking injunctive relief if programmers fail to comply.

Impact

The bill would amend the New York General Obligations Law by adding a new section 5-338 governing agreements between video programmers and multichannel video programming distributors. Its practical effect would be to limit the enforceability of common carriage contract provisions that tie one channel’s distribution to another, require minimum subscriber penetration, or otherwise constrain how distributors package and price programming. The law would apply to cable, satellite, and online video distributors operating in New York, and it would create a private right of action for distributors to seek court-ordered injunctive relief against noncompliant programmers.

Sentiment

The stated legislative sentiment is strongly pro-consumer and pro-competition. The bill’s findings describe channel bundling and minimum penetration provisions as practices that can reduce consumer choice, increase costs, and stifle competition, and the measure is framed as a way to give distributors more flexibility to offer programming packages that better match subscriber preferences. No committee transcript or vote record is available in the provided materials, so there is no recorded opposition or support beyond the bill text itself.

Contention

The main point of contention is the bill’s restriction on contractual freedom in the video programming market. Video programmers may object to being barred from using bundling, minimum penetration, tier-placement, and other carriage conditions that they may view as necessary to protect channel distribution, pricing, and business models. By contrast, multichannel video programming distributors and consumer advocates would likely support the bill because it gives distributors more leverage to assemble smaller or more customized packages and potentially lower costs for subscribers. The bill also expressly invalidates waivers, which could be controversial for parties that prefer negotiated exceptions.