Bill Text: NY A02911 | 2017-2018 | 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 4-0)

Status: (Introduced - Dead) 2018-01-03 - referred to corporations, authorities and commissions [A02911 Detail]

Download: New_York-2017-A02911-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2911
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        Introduced  by  M.  of A. SIMOTAS, GOTTFRIED, COLTON, AUBRY -- read once
          and referred to the Committee on Corporations, Authorities and Commis-
          sions
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04201-01-7
        A. 2911                             2
     1  use telephones or telephone equipment. Such term shall also include  any
     2  hotel,  motel, innkeeper, school or hospital which imposes any charge or
     3  receives any compensation by contract, tariff  or  otherwise  for  calls
     4  made from a telephone provided in a guest room, dormitory, hospital room
     5  or other premises under the control of such entity to an alternate oper-
     6  ator  service provider.  The term aggregator also includes any universi-
     7  ty, provided, that inclusion in such definition shall in no  way  affect
     8  the  tax-exempt  or  any  other  status of any such university under the
     9  education law, tax law or not-for-profit corporation law, or  any  other
    10  provision of law, rule or regulation relating thereto.
    11    12. Every charge for telecommunications service by an alternate opera-
    12  tor  service  provider, COCOT service provider or aggregator, whether by
    13  means of a telephone line or by means of cellular  radio  communication,
    14  made  on the basis of the duration of the communication shall be charged
    15  and prorated by the second.
    16    § 3. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law; provided that the public service  commission
    18  is  authorized  to promulgate any and all rules and regulations and take
    19  any other measures necessary to implement this act on its effective date
    20  on or before such date.