Bill Text: NY S01203 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes a moratorium prohibiting certain broadband service terminations and disconnections during a state disaster emergency.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-04-08 - AMENDED ON THIRD READING 1203B [S01203 Detail]
Download: New_York-2023-S01203-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1203--B Cal. No. 292 2023-2024 Regular Sessions IN SENATE January 10, 2023 ___________ Introduced by Sens. PARKER, HINCHEY, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications -- recommitted to the Committee on Energy and Telecommunications in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general business law, in relation to establishing a moratorium prohibiting certain broadband terminations or discon- nections during a state disaster emergency The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 399-zzzzzz to read as follows: 3 § 399-zzzzzz. Prohibition of certain broadband terminations or discon- 4 nections. 1. For the purposes of this section, the following terms shall 5 have the following meanings: 6 (a) "broadband internet access service" shall mean a mass-market 7 retail service that provides the capability to transmit data to and 8 receive data from all or substantially all internet endpoints, including 9 any capabilities that are incidental to and enable the operation of the 10 communications service, and shall include service provided by commercial 11 mobile telephone service providers, but shall not include dial-up inter- 12 net service; and 13 (b) "covered telephone corporation" means a "telephone corporation" as 14 defined in subdivision seventeen of section two of the public service 15 law that provided telephone exchange service on or before February 16 eighth, nineteen hundred ninety-six. 17 2. No covered telephone corporation providing or seeking to provide 18 broadband internet access service in New York state shall terminate or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04534-04-4S. 1203--B 2 1 disconnect services provided over their infrastructure to a residential 2 service customer or a small business customer with twenty-five or fewer 3 employees that is not a (i) publicly held company, or a subsidiary ther- 4 eof, (ii) seasonal, short-term, or temporary customer, or (iii) customer 5 that the broadband internet access service provider can demonstrate has 6 the resources to pay the bill, provided that the broadband service 7 provider notifies the small business customer of its reasons and of the 8 customer's right to contest this determination through the commission's 9 complaint procedures, for the non-payment of an overdue charge for the 10 duration of a state disaster emergency declared pursuant to section 11 twenty-eight of the executive law in response to a state, national, or 12 global event that is deemed to result in a significant negative and 13 long-term impact on the state's economic future. Such covered telephone 14 corporations shall have a duty to restore service, to the extent not 15 already required, at the request of any residential or small business 16 customer within forty-eight hours if such service has been terminated 17 during the pendency of the state disaster emergency and disconnection of 18 such service was due to non-payment of an overdue charge. 19 3. No covered telephone corporation providing or seeking to provide 20 broadband internet access service in New York state shall terminate or 21 disconnect services provided over their infrastructure to a residential 22 or small business customer account because of defaulted deferred payment 23 agreements or arrears then owed to such covered telephone corporations 24 when such customer has experienced a change in financial circumstances 25 due to a state disaster emergency as set forth in subdivision two of 26 this section. The covered telephone corporation providing or seeking to 27 provide broadband internet access service in New York state shall 28 provide such residential or small business customer with the right to 29 enter into, or restructure, a deferred payment agreement consistent with 30 the provisions of article two of the public service law without the 31 requirement of a down payment, late fees, or penalties, with such prohi- 32 bition on down payments, late fees, or penalties applicable to all 33 arrears incurred during the duration of the state disaster emergency. 34 4. Every covered telephone corporation providing or seeking to provide 35 broadband internet access service in New York state shall provide notice 36 to residential or small business customers in a writing to be included 37 with a bill statement or, when appropriate, via electronic transmission 38 the provisions of this section and shall further make reasonable efforts 39 to contact customers who have certified a change in financial circum- 40 stances due to a state disaster emergency as set forth in subdivision 41 two of this section for the purpose of offering such customers a 42 deferred payment agreement consistent with the provisions of article two 43 of the public service law. 44 5. Implementation of the provisions of this section shall not prohibit 45 a covered telephone corporation providing or seeking to provide broad- 46 band internet access service in New York state from recovering lost or 47 deferred revenues after the lifting or expiration of a state disaster 48 emergency as set forth in subdivision two of this section, pursuant to 49 such means for recovery by means not inconsistent with any of the 50 provisions of this section. Nothing in this section shall prohibit a 51 covered telephone corporation providing or seeking to provide broadband 52 internet access service in New York state from disconnecting service at 53 the request of a customer. Nothing in this section shall prohibit a 54 covered telephone corporation providing or seeking to provide broadband 55 internet access service in New York state from disconnecting service 56 when it is necessary to protect the health and safety of customers andS. 1203--B 3 1 the public, provided however the customer may contest the service 2 disconnection through a process to be created by the company. 3 6. Whenever there shall be a violation of this section, an application 4 may be made by the attorney general in the name of the people of the 5 state of New York to a court or justice having jurisdiction by a special 6 proceeding to issue an injunction, and upon notice to the defendant of 7 not less than five days, to enjoin and restrain the continuance of such 8 violation; and if it shall appear to the satisfaction of the court or 9 justice that the defendant has, in fact, violated this section, an 10 injunction may be issued by the court or justice, enjoining and 11 restraining any further violations, without requiring proof that any 12 person has, in fact, been injured or damaged thereby. In any such 13 proceeding, the court may make allowances to the attorney general as 14 provided in paragraph six of subdivision (a) of section eighty-three 15 hundred three of the civil practice law and rules, and direct restitu- 16 tion. Whenever the court shall determine that a violation of this 17 section has occurred, the court may impose a civil penalty of not more 18 than one thousand dollars per violation. In connection with any such 19 proposed application, the attorney general is authorized to take proof 20 and make a determination of the relevant facts and to issue subpoenas in 21 accordance with the civil practice law and rules. 22 § 2. This act shall take effect immediately; provided, however, that 23 this act shall be applicable to relevant executive orders issued on or 24 after the effective date of this act.
