§ 399-yyy. Satellite television company providing television and/or
telephone services. 1. Every direct broadcast satellite service
provider, as defined in this section, that provides television and/or
telephone services to customers in New York shall allow a person who is
under contract including, but not limited to a multi-year contract or
bundled contract with such satellite television company, to opt-out of
such contract without charge when such a person is a victim of domestic
violence and requests to opt-out in writing. Such victim of domestic
violence shall provide to such satellite television company any of the
following documents, which shall relate to such domestic violence,
within six months of the document's issuance: (a) a valid domestic
violence incident report form, as such term is defined in subdivision
fifteen of section eight hundred thirty-seven of the executive law; (b)
a valid police report; (c) a valid order of protection; (d) a signed
affidavit from a licensed medical or mental health care provider,
employee of a court acting within the scope of his or her employment,
social worker, a rape crisis counselor, as defined in section forty-five
hundred ten of the civil practice law and rules, or advocate acting on
behalf of an agency that assists domestic violence victims. A claim for
opting-out of such contract without charge shall be made in good faith.
Such satellite television company shall waive the otherwise applicable
charges for such person requesting to opt-out of such contract.
2. For the purposes of this section, the following terms shall have
the following meanings:
(a) "Direct broadcast satellite service", means the distribution or
broadcasting by satellite of video programming or services directly to
receiving equipment located at an end user subscriber's or an end user
customer's premises, including, but not limited to, the provision of
premium channels, the provision of music or other audio services or
channels, and any other service received in connection with the
provision of direct broadcast satellite service.
(b) "Direct broadcast satellite service provider", means a person who
transmits, broadcasts or otherwise provides direct broadcast satellite
service to subscribers or customers in the state.