Bill Text: NY S06018 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires telephone service providers to provide call mitigation technology to telephone customers, upon request, at no additional charge; and requires the commission to levy a fine in an amount equal to twenty-five thousand dollars for each day that a provider of telephone service fails to make such call mitigation technology available to its customers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S06018 Detail]

Download: New_York-2019-S06018-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6018

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  GRIFFO -- 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 tele-
          phone service providers to provide free call mitigation technology  to
          certain telephone customers

          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  91-b to read as follows:
     3    §  91-b.  Call  mitigation  technology.  1.  A  provider  of telephone
     4  service, as defined in subdivision one of section ninety-two-e  of  this
     5  article,  that  provides  telephone service to customers residing in the
     6  state shall make  call  mitigation  technology  available  to  any  such
     7  customer, upon request, and at no additional charge. Such provider shall
     8  also offer to any such customer the ability to have the provider prevent
     9  calls  and  text  messages  identified  as originating from a particular
    10  person from being completed to the called person, upon request,  and  at
    11  no additional charge. For purposes of this section, the term "call miti-
    12  gation  technology"  shall  mean  technology that identifies an incoming
    13  call or text message as being, or as probably being, an autodialed  call
    14  and, on that basis, blocks the call or message, diverts such call to the
    15  called  person's  answering system, or otherwise prevents such call from
    16  being completed to  the  called  person,  except  that  such  technology
    17  permits  a  call or text so identified to be completed when such call is
    18  identified as being made by a law enforcement or public  safety  entity,
    19  or  when  such  call  is  identified  as  originating from a caller with
    20  respect to whom the called person has provided prior express consent  to
    21  receive such a call or message and has not revoked that consent.
    22    2.  The commission shall levy a fine in an amount equal to twenty-five
    23  thousand dollars for each day that a provider of telephone service fails

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11859-01-9

        S. 6018                             2

     1  to make such call mitigation technology available to  its  customers  in
     2  accordance with this section.
     3    3.  The  commission  shall  prescribe  regulations  to  implement  the
     4  requirements of this section, including, if  appropriate,  a  reasonable
     5  delay  in requiring implementation and offering of call mitigation tech-
     6  nology if for good cause, taking into account  the  consumer  protection
     7  purposes  of this section, and including procedures for addressing inci-
     8  dents in which a  call  or  text  message  wanted  by  the  customer  is
     9  prevented from reaching the customer.
    10    §  2. This act shall take effect January 1, 2021. Effective immediate-
    11  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    12  necessary  for  the implementation of this act on its effective date are
    13  authorized and directed to be made  and  completed  on  or  before  such
    14  effective date.
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