Bill Text: NY A05967 | 2019-2020 | General Assembly | Amended


Bill Title: Requires certain notices to be provided to customers at least forty-five days before such telephone corporation intends to change such customer telephone service from copper-based telephone lines to fiber optic-based telephone lines.

Spectrum: Slight Partisan Bill (Democrat 17-6)

Status: (Introduced) 2019-05-06 - amended on third reading 5967b [A05967 Detail]

Download: New_York-2019-A05967-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5967--B
                                                                Cal. No. 203
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced by M. of A. PAULIN, BUCHWALD, DE LA ROSA, GALEF, JEAN-PIERRE,
          ABINANTI,  DINOWITZ,  ENGLEBRIGHT, EPSTEIN, HUNTER, GOTTFRIED, JAFFEE,
          PICHARDO, McDONOUGH, REILLY, COOK, STECK, RAIA --  Multi-Sponsored  by
          -- M. of A.  DeSTEFANO, MANKTELOW, MIKULIN, SIMON, THIELE -- read once
          and referred to the Committee on Corporations, Authorities and Commis-
          sions  -- reported and referred to the Committee on Codes -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- reported from  committee,  advanced  to  a  third
          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading
        AN ACT to amend the public service law, in relation to requiring certain
          notices to  be  provided  to  customers  receiving  telephone  service
          through fiber optic-based telephone lines
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public service law is amended by adding a  new  section
     2  104 to read as follows:
     3    §  104.  Notice  to customers on fiber optic-based telephone lines. 1.
     4  The commission shall require each telephone  corporation  that  provides
     5  local  exchange  service  to  provide a notice containing information to
     6  customers on the differences between copper-based  telephone  lines  and
     7  fiber  optic-based  telephone  lines prior to when such telephone corpo-
     8  ration initiates a change in  such  customer's  telephone  service  from
     9  copper-based  telephone  lines  to  fiber  optic-based  telephone lines.
    10  Except (i) in cases of an emergency, including but not limited to resto-
    11  ration or repair of service, or (ii) upon the request of  the  customer,
    12  such  notice  shall be provided to the customer at least forty-five days
    13  before such telephone corporation initiates a change in such  customer's
    14  telephone service from copper-based telephone lines to fiber optic-based
    15  telephone  lines.   Such notice shall include, but not be limited to the
    16  following: a description of the differences between  copper-based  tele-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09213-08-9

        A. 5967--B                          2
     1  phone  lines  and  fiber  optic-based  telephone  lines; the differences
     2  between the effect a power outage would have on  the  telephone  service
     3  provided  by copper-based and fiber optic-based telephone lines, includ-
     4  ing  the  availability  of  battery  back-up  options; an explanation of
     5  whether the service will continue to be regulated by the commission; and
     6  a phone number and contact information for customers who seek additional
     7  information or wish to make a complaint to the commission.
     8    2. The commission shall have the  power  to  prescribe  the  form  and
     9  content  of the notice established pursuant to this section. The commis-
    10  sion may from time to time prescribe, by order, changes  in  the  notice
    11  thereof.    The  commission shall also have power to establish rules and
    12  regulations for such notice and may from time to time modify the same.
    13    3. Every telephone corporation shall  file  with  the  commission  the
    14  notice  established  pursuant  to this section and obtain approval as to
    15  the form and content thereof prior to providing such notice  to  custom-
    16  ers.   Notwithstanding the foregoing, any such notice shall be deemed to
    17  be approved by the commission ninety days after such corporation applies
    18  to the commission for approval, unless the commission, or its  designee,
    19  rejects  the notice and requires specific changes within such ninety day
    20  period. Upon a material change to the form and content  of  an  approved
    21  notice,  a  telephone  corporation  shall again file with the commission
    22  such notice and obtain approval pursuant to this section. The commission
    23  may establish what shall constitute a material change to  the  form  and
    24  content of the notice that would necessitate commission approval.
    25    § 2. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law.
feedback