Bill Text: NY A10170 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires charges for telephone calls based on duration, whether over lines or by cellular, to be charged and prorated by the second; applies to all service providers; authorizes the public service commission to promulgate rules and regulations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-10 - referred to corporations, authorities and commissions [A10170 Detail]

Download: New_York-2023-A10170-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10170

                   IN ASSEMBLY

                                      May 10, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Meeks) --
          read once and referred to the Committee on  Corporations,  Authorities
          and Commissions

        AN ACT to amend the public service law, in relation to charges for tele-
          phone service on a by the second basis

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

     1    Section 1. Subdivision 1 of section 91 of the public service  law,  as
     2  added by chapter 673 of the laws of 1910, is amended to read as follows:
     3    1.  Every  telegraph corporation and every telephone corporation shall
     4  furnish and provide with respect to its business such  instrumentalities
     5  and facilities as shall be adequate and in all respects just and reason-
     6  able. All charges made or demanded by any telegraph corporation or tele-
     7  phone  corporation  for  any  service  rendered  or  to  be  rendered in
     8  connection therewith shall be just and  reasonable  and  not  more  than
     9  allowed  by law or by order of the commission. Every charge for telecom-
    10  munications service, whether by means of a telephone line or by means of
    11  cellular radio communication, made on the basis of the duration  of  the
    12  communication  shall be charged and prorated by the second. Every unjust
    13  or unreasonable charge made or demanded  for  any  such  service  or  in
    14  connection  therewith or in excess of that allowed by law or by order of
    15  the commission is prohibited and declared to be unlawful.
    16    § 2. The section heading of section 92-c of the public service law, as
    17  added by chapter 697 of the laws of 1990, is amended, subdivision  1  is
    18  amended  by adding a new paragraph (c) and a new subdivision 12 is added
    19  to read as follows:
    20    Customer service  requirements  for  aggregators,  alternate  operator
    21  service providers and COCOT service providers.
    22    (c) The term "aggregator" means any hotel, motel, innkeeper, school or
    23  hospital  which is not a telegraph corporation or telephone corporation,
    24  which, in the ordinary course of business, makes  available  for  public
    25  use  telephones or telephone equipment. Such term shall also include any
    26  hotel, motel, innkeeper, school or hospital which imposes any charge  or
    27  receives  any  compensation  by  contract, tariff or otherwise for calls

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01959-01-3
        A. 10170                            2

     1  made from a telephone provided in a guest room, dormitory, hospital room
     2  or other premises under the control of such entity to an alternate oper-
     3  ator service provider.  The term aggregator also includes any  universi-
     4  ty,  provided,  that inclusion in such definition shall in no way affect
     5  the tax-exempt or any other status of  any  such  university  under  the
     6  education  law,  tax law or not-for-profit corporation law, or any other
     7  provision of law, rule or regulation relating thereto.
     8    12. Every charge for telecommunications service by an alternate opera-
     9  tor service provider, COCOT service provider or aggregator,  whether  by
    10  means  of  a telephone line or by means of cellular radio communication,
    11  made on the basis of the duration of the communication shall be  charged
    12  and prorated by the second.
    13    § 3. This act shall take effect on the one hundred eightieth day after
    14  it  shall have become a law.  Effective immediately the addition, amend-
    15  ment and/or repeal of any rule or regulation necessary for the implemen-
    16  tation of this act on its effective date are authorized to be  made  and
    17  completed on or before such date.