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

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



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5926--A

                               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  --  recommitted  to  the Committee on Energy and Telecommuni-
          cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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 d to read as follows:
     3    d. 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.
    16    (b) "Voice service" means any service that is interconnected with  the
    17  public  switched  telephone  network  and  that furnishes voice communi-
    18  cations to an end user using resources from the North American Numbering
    19  Plan or any successor to the North American Numbering  Plan  adopted  by
    20  the commission under section 251(e)(1) of the Communications Act of 1934
    21  (47 U.S.C. 251(e)(1)); and includes:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11622-08-0

        S. 5926--A                          2

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

        S. 5926--A                          3

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