Bill Text: NY S05926 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires providers of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of voice service providers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-26 - PRINT NUMBER 5926B [S05926 Detail]

Download: New_York-2019-S05926-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5926

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN  ACT  to  amend  the  public  service  law,  in relation to requiring
          STIR/SHAKEN authentication framework

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  6  of section 5 of the public service law is
     2  amended by adding a new paragraph c to read as follows:
     3    c. Notwithstanding paragraph a of this subdivision, the commission may
     4  promulgate, issue, amend and rescind such orders, rules and  regulations
     5  as it may find necessary or appropriate for a provider of cellular tele-
     6  phone  services to carry out the provisions set forth in section ninety-
     7  one-b of this chapter.
     8    § 2. The public service law is amended by adding a new section 91-b to
     9  read as follows:
    10    § 91-b. STIR/SHAKEN authentication  framework.  1.  As  used  in  this
    11  section, the following terms shall have the following meanings:
    12    (a)  "STIR/SHAKEN authentication framework" means the secure telephone
    13  identity revisited and signature-based handling of asserted  information
    14  using  tokens  standards  proposed by the information and communications
    15  technology industry to attach a  certificate  of  authenticity  to  each
    16  phone to verify the source of each call.
    17    (b)  "Voice service" means any service that is interconnected with the
    18  public switched telephone network  and  that  furnishes  voice  communi-
    19  cations to an end user using resources from the North American Numbering
    20  Plan  or  any  successor to the North American Numbering Plan adopted by
    21  the commission under section 251(e)(1) of the Communications Act of 1934
    22  (47 U.S.C. 251(e)(1)); and includes:
    23    i. transmissions from a  telephone  facsimile  machine,  computer,  or
    24  other device to a telephone facsimile machine; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11622-02-9
        S. 5926                             2

     1    ii.  without  limitation,  any service that enables real-time, two-way
     2  voice communications,  including  any  service  that  requires  internet
     3  protocol-compatible  customer  premises  equipment  (commonly  known  as
     4  "CPE") and permits out-bound calling, whether  or  not  the  service  is
     5  one-way or two-way voice over internet protocol.
     6    2.  Not  later than eighteen months after the date upon which this act
     7  shall have become a law, the commission  shall  require  a  provider  of
     8  voice  service  to implement the STIR/SHAKEN authentication framework in
     9  the internet protocol networks of voice service providers.
    10    3. The commission  may  promulgate,  issue,  amend  and  rescind  such
    11  orders, rules and regulations as it may find necessary or appropriate to
    12  carry out the provisions of this section.
    13    4. (a) All costs and expenses of the department and commission related
    14  to the implementation of this section by wireless communication services
    15  companies  shall be paid pursuant to appropriation in the first instance
    16  from the state treasury, on  the  certification  of  the  chair  of  the
    17  department  and upon the audit and warrant of the comptroller. The state
    18  treasury shall be reimbursed therefor by payments to be made from moneys
    19  collected pursuant to this article.
    20    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    21  sion,  by February first of each year, the chair of the department shall
    22  estimate the total direct and indirect costs and expenses  necessary  to
    23  operate  and  administer  the  powers  and  duties of the commission and
    24  department relating to the implementation of this  section  by  wireless
    25  communication  services companies for the ensuing state fiscal year. The
    26  chair shall, prior to March first, bill and collect from  each  wireless
    27  communication  services  company  an amount computed by multiplying such
    28  total estimated operating expenses of the commission by a fraction,  the
    29  numerator  of which is the gross annual receipts of such wireless commu-
    30  nication services company during the last  preceding  calendar  year  or
    31  other  twelve month period as determined by the chair, and the denomina-
    32  tor of which is the total annual gross receipts of all wireless communi-
    33  cation services companies operating in the state during such  period.  A
    34  wireless  communication  services  company  may  elect  to  make partial
    35  payments equal to one quarter of the total amount billed, by March tenth
    36  of the preceding fiscal year to which the billing relates,  or  on  such
    37  other  dates  as  the  director  of the budget may require. On or before
    38  September thirtieth of each year, the chair  shall  compute  the  actual
    39  direct and indirect costs and expenses of the commission relating to the
    40  implementation of this section by wireless communication services compa-
    41  nies  for  the  preceding state fiscal year and shall compute the amount
    42  actually received as reimbursement for the preceding state fiscal  year.
    43  If  such  amount  collected  by  the department as reimbursement for the
    44  preceding fiscal year is less than the direct  and  indirect  costs  and
    45  expenses  incurred  by the commission and the department relating to the
    46  implementation of this section by wireless communication services compa-
    47  nies during such preceding fiscal year, the chair shall,  on  or  before
    48  October  fifteenth  of  each  year,  bill  each  wireless  communication
    49  services company for its proportionate share of the deficit. Any  amount
    50  owing  by  any  wireless communication services company shall be payable
    51  not later than thirty days following the date of such bill.  Any  amount
    52  owed by any wireless communication services company which remains unpaid
    53  by  May first of the following year shall be included in the estimate of
    54  the total direct and indirect costs and expenses  necessary  to  operate
    55  and  administer  the powers and duties of the commission and the depart-
    56  ment related to the implementation of this section by wireless  communi-
        S. 5926                             3

     1  cation  services  companies  for  the  current state fiscal year. If the
     2  amount collected for a fiscal year is more than the direct and  indirect
     3  costs  and  expenses  related  to  the implementation of this section by
     4  wireless communication services companies incurred by the commission and
     5  the  department  during  such fiscal year, the chair shall, on or before
     6  October fifteenth of the following year, refund or credit each  wireless
     7  communication  services  company  for  its  proportionate  share  of the
     8  surplus. Any amount standing to the credit of any wireless communication
     9  services company shall be applied as a  credit  against  any  succeeding
    10  payment  due.  In  no event shall the amount billed to or collected from
    11  any wireless communication services company  pursuant  to  this  section
    12  exceed  two  percent of the gross annual receipts of such company during
    13  the twelve month period designated by the commission.
    14    § 3. This act shall take effect immediately.