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State Legislative Issues
NYSBA represents local radio and television stations on a variety of legislative and administrative issues before New York State Government.
Flo & Eddie, Inc. vs. Sirius XM Radio, Inc.
Click HERE for Amicus Brief.
Freedom to Contract with Key Employees
Current NY Labor Law, Sec. 202(k), singles out radio and television broadcasters for discriminatory treatment with respect to certain employment agreements. This policy undermines a local stations ability to attract top quality employees and serve the public interest. We support legislative efforts (A. 8236 and S. 6277) that make minor adjustments to the existing law and allow stations and key employees to negotiate freely. LEARN MORE
Restrictions on E-911 Broadcasts
The legislation (A. 3489) would prohibit broadcasting an E-911 calls. Stations would be allowed to read a transcript, but not broadcast the actual call. Broadcasting E-911 calls helps the public understand the urgency of the call to the public. This cannot be communicated by merely reading a transcript. Broadcasting these calls serves an important oversight function as it allows the public to evaluate whether there was a proper response to the call. LEARN MORE
Prohibiting Alcohol Advertising on Television During Sporting Events
The legislation (A. 1607) would prohibit television stations from broadcasting beer, wine or other alcoholic beverage during a sporting event between the hours of 6 AM and 10 PM. The unintended consequence of this bill would be to drive sports programming on to pay subscription services. NYSBA has been a leading advocate of responsible consumption and has been diligent in supporting programs to end drunk driving. Placing advertising restrictions on a legal product will not achieve its intended result. LEARN MORE
Altering Vocal Speed or Pitch During Commercials
This legislation (A. 3442) would give the attorney general the ability to classify a commercial message as false and deceptive if the speed of the announcer’s delivery changed and confused a reasonable listener. The legislation would effectively prevent many of the government-mandated announcements that appear during commercials. LEARN MORE
Right of Publicity/Privacy for Deceased Personalities
The legislation (S.2999) would require stations to obtain permission before using the “persona” of a deceased personality in any advertising or commercial programming. This legislation would dramatically increase the costs of various program and promotional announcements. LEARN MORE
Requiring Cable systems to Negotiate with Independent Cable Channels
The legislation (S. 6230 and A.9092) would require cable systems to negotiate fairly with independent cable channels. If an agreement is not reached, the legislation requires arbitration. It is not clear whether the bill affects local television stations. The “retransmission consent” provisions of Communications Act govern the relationship between cable operators and local television stations. LEARN MORE