HB 4169

Abstract

Amends the Cable and Video Competition Law of 2007 in the Public Utilities Act. Provides that a vertically integrated cable operator that carries, on its extended basic service a programming channel that it owns has a duty to treat, in a fair, reasonable, and nondiscriminatory manner, a cable programming channel that competes in the same programming category with the programming channel that the vertically integrated cable operator owns. Provides that, if an independent programmer has reason to believe that it has not been treated in a fair, reasonable, and nondiscriminatory manner concerning carriage of a competing programming channel, then it may submit a request for commercial arbitration with the vertically integrated cable operator over the terms and conditions of carriage within 90 days after a first-time request for carriage or renewal of a carriage agreement. Provides that if the dispute remains unresolved 10 days after submission of the request for arbitration, then either party may file with the American Arbitration Association a formal demand for arbitration and shall include a final offer with the filing. Provides that the AAA shall notify the other party of the demand for arbitration and submit to the other party the final offer submitted by the initiating party, and that within 5 days after receipt of that notice from the AAA, the other party shall submit its responses on price, but not terms and conditions, to the AAA. Contains provisions concerning the manner in which arbitration proceedings shall be conducted. Effective immediately.