Bill Text: NY A08123 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to telephone corporations', cable corporations', and combination telephone and cable corporations' and voice over internet service providers' service quality standards, credits, reports and penalties.
Spectrum: Partisan Bill (Democrat 26-1)
Status: (Introduced - Dead) 2016-05-17 - reported referred to ways and means [A08123 Detail]
Download: New_York-2015-A08123-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8123--A 2015-2016 Regular Sessions IN ASSEMBLY June 9, 2015 ___________ Introduced by M. of A. BRENNAN, ROZIC, GALEF, RUSSELL, SEAWRIGHT, NOLAN, ABINANTI, RICHARDSON, ORTIZ, COLTON, BICHOTTE, BARRON, DAVILA, JAFFEE, GOTTFRIED, RAIA, THIELE -- Multi-Sponsored by -- M. of A. CAHILL, GLICK, KIM, LENTOL, MOSLEY, MOYA, ROSENTHAL, SIMON, SOLAGES -- read once and referred to the Committee on Corporations, Authorities and Commissions -- recommitted to the Committee on Corporations, Authori- ties and Commissions in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public service law, in relation to service quality standards, credits, reports and penalties 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 article 2 12 to read as follows: 3 ARTICLE 12 4 PROVISIONS RELATING TO TELEPHONE CORPORATIONS, CABLE CORPORATIONS, 5 COMBINATION TELEPHONE AND CABLE CORPORATIONS AND 6 VOICE OVER INTERNET PROTOCOL SERVICE PROVIDERS 7 Section 231. Definitions. 8 232. Service quality standards, minimum performance levels, 9 credits, and reports. 10 233. Administrative sanctions; recovery of penalties. 11 § 231. Definitions. The words and phrases used in this article shall 12 have the following meanings: 1. "Cable corporation" shall mean any 13 person owning, controlling, operating, managing or leasing one or more 14 cable television systems within the state. 15 2. "Cable television system" shall have the same meaning as set forth 16 in section two hundred twelve of this chapter. 17 3. "Combination telephone and cable corporation" shall mean any tele- 18 phone corporation operating in New York under common ownership with a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10591-05-6A. 8123--A 2 1 cable corporation operating in New York or any cable corporation operat- 2 ing in New York under common ownership with a telephone corporation 3 operating in New York, or any successor of either corporation. 4 4. "Voice over internet protocol service provider" shall mean any 5 provider of voice over internet protocol service, as defined by 47 6 C.F.R. § 9.3. 7 5. "Core customers" shall mean customers who: 8 (a) do not have access to wireline alternatives, 9 (b) subscribe to Lifeline service, or 10 (c) are characterized as having special needs. 11 § 232. Service quality standards, minimum performance levels, credits, 12 and reports. The commission shall establish quality of service stand- 13 ards, minimum performance levels, customer-specific credits, and report- 14 ing requirements that shall apply to each telephone corporation, cable 15 corporation, combination telephone and cable corporation or voice over 16 internet protocol service provider. 1. Service standards. Service stan- 17 dards shall include, but not be limited to: (a) measures relating to 18 repairs for service outages within forty-eight hours unless a customer 19 opts otherwise; 20 (b) a requirement that new installation orders be completed within 21 five days unless a customer opts otherwise; 22 (c) a requirement that each corporation or service provider develop 23 procedures to prioritize service to customers who are Lifeline custom- 24 ers, who are special needs customers, and for customers who utilize a 25 medical alert system or communications equipment, in conjunction with 26 medical devices, to monitor and transmit medical data to their treating 27 physicians' medical sites. 28 2. Minimum performance levels. Minimum performance levels for each 29 service standard shall be developed to ensure that each telephone corpo- 30 ration, cable corporation, combination telephone and cable corporation 31 or voice over internet protocol service provider in the state provide 32 high quality customer service and high quality technical service to all 33 their customers. 34 3. Customer credits or rebates. The commission shall establish a sche- 35 dule of customer credits or rebates, which shall be awarded to customers 36 that experience service outage conditions and for missed installation 37 appointments. A system of graduated credits or rebates shall be estab- 38 lished for those customers whose service outage condition was not 39 cleared within forty-eight hours or installation was not completed with- 40 in five business days unless a customer opts otherwise. 41 4. Service quality monitoring and reporting. The commission shall 42 re-establish the monitoring and measurements of service quality in force 43 on January first, two thousand ten for telephone corporations and shall 44 apply those service quality standards to each telephone corporation, 45 cable corporation, combination telephone and cable corporation or voice 46 over internet protocol service provider offering telephone services. 47 The commission shall apply a uniform set of standards when monitoring 48 and measuring the service quality provided to all customers and shall 49 not distinguish between core customers and non-core customers when moni- 50 toring and measuring service quality. 51 § 233. Administrative sanctions; recovery of penalties. 1. Every tele- 52 phone corporation, cable corporation, combination telephone and cable 53 corporation or voice over internet protocol service provider shall 54 adhere to every provision of this chapter and every order or regulation 55 adopted under authority of this chapter so long as the same shall be in 56 force.A. 8123--A 3 1 2. (a) The commission shall have the authority to assess a civil 2 penalty against each telephone corporation, cable corporation, combina- 3 tion telephone and cable corporation or voice over internet protocol 4 service provider and the directors, officers, agents and employees ther- 5 eof subject to the jurisdiction, supervision, or regulation pursuant to 6 this chapter in an amount as set forth in this section. In determining 7 the amount of any penalty to be assessed pursuant to this section, the 8 commission shall consider: (i) the seriousness of the violation for 9 which a penalty is sought; 10 (ii) the nature and extent of any previous violations for which penal- 11 ties have been assessed against the telephone corporation, cable corpo- 12 ration, combination telephone and cable corporation, voice over internet 13 protocol service provider or such directors, officers, agents and 14 employees thereof; 15 (iii) the gross revenues and financial status of the telephone corpo- 16 ration, cable corporation, combination telephone and cable corporation 17 or voice over internet protocol service provider; and 18 (iv) such other factors as the commission may deem appropriate and 19 relevant. The remedies provided in this subdivision are in addition to 20 any other remedies provided by law. 21 (b) Whenever the commission has reason to believe that a telephone 22 corporation, cable corporation, combination telephone and cable corpo- 23 ration or voice over internet protocol service provider and such direc- 24 tors, officers, agents and employees thereof may be subject to imposi- 25 tion of a civil penalty as set forth in this subdivision, it shall 26 provide notification and provide an opportunity to be heard to such 27 corporation, service provider, or person. Such notice shall include, but 28 shall not be limited to: (i) the date and a brief description of the 29 facts and nature of each act or failure to act for which such penalty is 30 proposed; (ii) a list of each statute, regulation or order that the 31 commission alleges has been violated; (iii) the amount of each penalty 32 that the commission proposes to assess; and (iv) the option to request a 33 hearing to demonstrate why the proposed penalty or penalties should not 34 be assessed against such corporation, service provider, or person. 35 3. Any telephone corporation, cable corporation, combination telephone 36 and cable corporation or voice over internet protocol service provider 37 that violates a provision of this chapter, regulation or an order 38 adopted under authority of this chapter so long as the same shall be in 39 force, or who fails to provide safe and adequate service shall forfeit a 40 sum not exceeding the greater of one hundred thousand dollars or two 41 one-hundredths of one percent of the annual intrastate gross operating 42 revenue of the corporation, constituting a civil penalty for each and 43 every offense and, in the case of a continuing violation, each day shall 44 be deemed a separate and distinct offense. 45 4. Notwithstanding the provisions of subdivision three of this 46 section, any such telephone corporation, cable corporation, combination 47 telephone and cable corporation or voice over internet protocol service 48 provider that violates a provision of this chapter, or an order or regu- 49 lation adopted under the authority of this chapter specifically for the 50 protection of human safety or prevention of significant damage to real 51 property, including, but not limited to: (a) a death or personal injury; 52 or (b) damage to real property in excess of fifty thousand dollars, 53 forfeit a sum not to exceed the greater of: (i) two hundred fifty thou- 54 sand dollars or three one-hundredths of one percent of the annual intra- 55 state gross operating revenue of the corporation, whichever is greater, 56 constituting a civil penalty for each separate and distinct offense;A. 8123--A 4 1 provided, however, that for purposes of this paragraph, each day of a 2 continuing violation shall not be deemed a separate and distinct 3 offense. The total period of a continuing violation, as well as every 4 distinct violation, shall be similarly treated as a separate and 5 distinct offense for purposes of this paragraph; or (ii) the maximum 6 forfeiture determined in accordance with subdivision three of this 7 section. 8 5. Notwithstanding the provisions of subdivision three or four of this 9 section, a telephone corporation, cable corporation, combination tele- 10 phone and cable corporation or voice over internet protocol service 11 provider that violates a provision of this chapter, or an order or regu- 12 lation adopted under authority of this chapter, designed to protect the 13 overall reliability and continuity of service, including but not limited 14 to the restoration of service following a major outage event or emergen- 15 cy, shall forfeit a sum not to exceed the greater of: (a) five hundred 16 thousand dollars or four one-hundredths of one percent of the annual 17 intrastate gross operating revenue of the telephone corporation, cable 18 corporation, combination telephone and cable corporation or voice over 19 internet protocol service provider, whichever is greater, constituting a 20 civil penalty for each separate and distinct offense; provided, however, 21 that for purposes of this paragraph each day of a continuing violation 22 shall not be deemed a separate and distinct offense. The total period 23 of a continuing violation, as well as every distinct violation shall be 24 similarly treated as a separate and distinct offense for purposes of 25 this paragraph; or 26 (b) the maximum forfeiture determined in accordance with subdivision 27 three of this section. 28 6. Any director, officer, agent, or employee of any corporation or 29 service provider determined by the commission to have violated the 30 provisions of subdivision three, four, or five of this section, and who 31 knowingly violates a provision of this chapter, regulation or an order 32 adopted under authority of this chapter so long as the same shall be in 33 force, including a failure to provide safe and adequate service, shall 34 forfeit a sum not to exceed one hundred thousand dollars constituting a 35 civil penalty for each and every offense and, in the case of a continu- 36 ing violation, each day shall be deemed a separate and distinct offense. 37 7. Any such assessment may be compromised or discontinued by the 38 commission. All moneys recovered pursuant to this section, together with 39 the costs thereof, shall be remitted to, or for the benefit of, the 40 ratepayers in a manner to be determined by the commission. 41 8. Upon a failure by a telephone corporation, cable corporation, 42 combination telephone and cable corporation or voice over internet 43 protocol service provider to remit any penalty assessed by the commis- 44 sion pursuant to this section, the commission, through its counsel or 45 other appropriate designee, may institute an action or special proceed- 46 ing to collect the penalty in a court of competent jurisdiction. 47 9. Any payment made by a telephone corporation, cable corporation, 48 combination telephone and cable corporation or voice over internet 49 protocol service provider and the directors, officers, agents and 50 employees thereof as a result of an assessment as provided in this 51 section, and the cost of litigation and investigation related to any 52 such assessment, shall not be recoverable from ratepayers, subscribers, 53 or customers. 54 10. In construing and enforcing the provisions of this chapter relat- 55 ing to penalties, the act of any director, officer, agent or employee of 56 a telephone corporation, cable corporation, combination telephone andA. 8123--A 5 1 cable corporation or voice over internet protocol service provider 2 acting within the scope of his or her official duties or employment 3 shall be deemed to be the act of such telephone corporation, cable 4 corporation, combination telephone and cable corporation or voice over 5 internet protocol service provider. 6 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 7 sion, section or part of this act shall be adjudged by any court of 8 competent jurisdiction to be invalid, such judgment shall not affect, 9 impair, or invalidate the remainder thereof, but shall be confined in 10 its operation to the clause, sentence, paragraph, subdivision, section 11 or part thereof directly involved in the controversy in which such judg- 12 ment shall have been rendered. It is hereby declared to be the intent of 13 the legislature that this act would have been enacted even if such 14 invalid provisions had not been included herein. 15 § 3. This act shall take effect immediately.
