Avella Bill Would Force Arbitration to End Cable Service Disputes

State Sen. Tony Avella, D-Bayside, is calling for the state to force arbitration through the Public Service Commission to settle disputes between cable channels and providers.

This week, the senator introduced a bill that would require the PSC, which has oversight of the state’s telecommunications industry, to determine the terms and conditions under which independent cable channels could be carried by the providers in the case of an impasse.

“Year after year, residents of New York City and all across the nation suffer through battles between cable channels and their service providers that often result in a disruption of service,” Avella said.

Currently, subscribers to Time Warner Cable have lost three channels, including MSG, MSG+ and FUSE, amid a battle between the company and Cablevision over the rights to carry the stations.

Avella said the dispute has left New York Knicks and Rangers fans without access to games.

“The people who get most affected are the customers,” the senator said. “Sports fans need to know that their cable franchisee will provide the proper programming.”

Michael Feiner, president of the Bayside Hills Civic Association, said he has been forced to go to in Douglaston or listen to the radio to tune into Rangers games.

“I have to go to great lengths to watch the games,” said Feiner, who pays $200 to Time Warner each month for cable. “I’m a customer and a consumer, but the word I’d use to describe myself is a ‘supporter.’ Without us, these companies couldn’t exist.”

Eric Mangan, a spokesman for Time Warner Cable, said he did not believe Avella's bill would settle a dispute between a cable channel and provider.

"While we can all agree that we would like to avoid any disruption of service for customers and viewers, the proposed legislation is not valid under federal law and would not solve a dispute with a programmer," he said.

Avella’s bill would require providers to “negotiate fairly” and submit to binding arbitration through the PSC, which would then rule on disputes between the cable companies.

“This is a protection for customers,” the senator said. “These are public franchises, so there has to be more public input. It’s infuriating we’re being held hostage.”

The bill will come before the Senate’s Energy and Telecommunications Committee. Avella said Mike Simanowitz, D-Flushing, would introduce the legislation in the state Assembly.