Bill Text: NY A03739 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to telephone corporations', cable corporations', and combination telephone and cable corporations' and voice over internet service providers' service quality standards, credits, reports and penalties.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-01-24 - enacting clause stricken [A03739 Detail]
Download: New_York-2017-A03739-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3739 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to amend the public service law, in relation to service quality standards, credits, reports and penalties 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 article 2 12 to read as follows: 3 ARTICLE 12 4 PROVISIONS RELATING TO TELEPHONE CORPORATIONS, CABLE CORPORATIONS, 5 COMBINATION TELEPHONE AND CABLE CORPORATIONS AND 6 VOICE OVER INTERNET PROTOCOL SERVICE PROVIDERS 7 Section 231. Definitions. 8 232. Service quality standards, minimum performance levels, 9 credits, and reports. 10 233. Administrative sanctions; recovery of penalties. 11 § 231. Definitions. The words and phrases used in this article shall 12 have the following meanings: 1. "Cable corporation" shall mean any 13 person owning, controlling, operating, managing or leasing one or more 14 cable television systems within the state. 15 2. "Cable television system" shall have the same meaning as set forth 16 in section two hundred twelve of this chapter. 17 3. "Combination telephone and cable corporation" shall mean any tele- 18 phone corporation operating in New York under common ownership with a 19 cable corporation operating in New York or any cable corporation operat- 20 ing in New York under common ownership with a telephone corporation 21 operating in New York, or any successor of either corporation. 22 4. "Voice over internet protocol service provider" shall mean any 23 provider of voice over internet protocol service, as defined by 47 24 C.F.R. § 9.3. 25 5. "Core customers" shall mean customers who: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07509-02-7A. 3739 2 1 (a) do not have access to wireline alternatives, 2 (b) subscribe to Lifeline service, or 3 (c) are characterized as having special needs. 4 § 232. Service quality standards, minimum performance levels, credits, 5 and reports. The commission shall establish quality of service stand- 6 ards, minimum performance levels, customer-specific credits, and report- 7 ing requirements that shall apply to each telephone corporation, cable 8 corporation, combination telephone and cable corporation or voice over 9 internet protocol service provider. 1. Service standards. Service stan- 10 dards shall include, but not be limited to: (a) measures relating to 11 repairs for service outages within forty-eight hours unless a customer 12 opts otherwise; 13 (b) a requirement that new installation orders be completed within 14 five days unless a customer opts otherwise; 15 (c) a requirement that each corporation or service provider develop 16 procedures to prioritize service to customers who are Lifeline custom- 17 ers, who are special needs customers, and for customers who utilize a 18 medical alert system or communications equipment, in conjunction with 19 medical devices, to monitor and transmit medical data to their treating 20 physicians' medical sites. 21 2. Minimum performance levels. Minimum performance levels for each 22 service standard shall be developed to ensure that each telephone corpo- 23 ration, cable corporation, combination telephone and cable corporation 24 or voice over internet protocol service provider in the state provide 25 high quality customer service and high quality technical service to all 26 their customers. 27 3. Customer credits or rebates. The commission shall establish a sche- 28 dule of customer credits or rebates, which shall be awarded to customers 29 that experience service outage conditions and for missed installation 30 appointments. A system of graduated credits or rebates shall be estab- 31 lished for those customers whose service outage condition was not 32 cleared within forty-eight hours or installation was not completed with- 33 in five business days unless a customer opts otherwise. 34 4. Service quality monitoring and reporting. The commission shall 35 re-establish the monitoring and measurements of service quality in force 36 on January first, two thousand eleven for telephone corporations and 37 shall apply those service quality standards to each telephone corpo- 38 ration, cable corporation, combination telephone and cable corporation 39 or voice over internet protocol service provider offering telephone 40 services. The commission shall apply a uniform set of standards when 41 monitoring and measuring the service quality provided to all customers 42 and shall not distinguish between core customers and non-core customers 43 when monitoring and measuring service quality. 44 § 233. Administrative sanctions; recovery of penalties. 1. Every tele- 45 phone corporation, cable corporation, combination telephone and cable 46 corporation or voice over internet protocol service provider shall 47 adhere to every provision of this chapter and every order or regulation 48 adopted under authority of this chapter so long as the same shall be in 49 force. 50 2. (a) The commission shall have the authority to assess a civil 51 penalty against each telephone corporation, cable corporation, combina- 52 tion telephone and cable corporation or voice over internet protocol 53 service provider and the directors, officers, agents and employees ther- 54 eof subject to the jurisdiction, supervision, or regulation pursuant to 55 this chapter in an amount as set forth in this section. In determining 56 the amount of any penalty to be assessed pursuant to this section, theA. 3739 3 1 commission shall consider: (i) the seriousness of the violation for 2 which a penalty is sought; 3 (ii) the nature and extent of any previous violations for which penal- 4 ties have been assessed against the telephone corporation, cable corpo- 5 ration, combination telephone and cable corporation, voice over internet 6 protocol service provider or such directors, officers, agents and 7 employees thereof; 8 (iii) the gross revenues and financial status of the telephone corpo- 9 ration, cable corporation, combination telephone and cable corporation 10 or voice over internet protocol service provider; and 11 (iv) such other factors as the commission may deem appropriate and 12 relevant. The remedies provided in this subdivision are in addition to 13 any other remedies provided by law. 14 (b) Whenever the commission has reason to believe that a telephone 15 corporation, cable corporation, combination telephone and cable corpo- 16 ration or voice over internet protocol service provider and such direc- 17 tors, officers, agents and employees thereof may be subject to imposi- 18 tion of a civil penalty as set forth in this subdivision, it shall 19 provide notification and provide an opportunity to be heard to such 20 corporation, service provider, or person. Such notice shall include, but 21 shall not be limited to: (i) the date and a brief description of the 22 facts and nature of each act or failure to act for which such penalty is 23 proposed; (ii) a list of each statute, regulation or order that the 24 commission alleges has been violated; (iii) the amount of each penalty 25 that the commission proposes to assess; and (iv) the option to request a 26 hearing to demonstrate why the proposed penalty or penalties should not 27 be assessed against such corporation, service provider, or person. 28 3. Any telephone corporation, cable corporation, combination telephone 29 and cable corporation or voice over internet protocol service provider 30 that violates a provision of this chapter, regulation or an order 31 adopted under authority of this chapter so long as the same shall be in 32 force, or who fails to provide safe and adequate service shall forfeit a 33 sum not exceeding the greater of one hundred thousand dollars or two 34 one-hundredths of one percent of the annual intrastate gross operating 35 revenue of the corporation, constituting a civil penalty for each and 36 every offense and, in the case of a continuing violation, each day shall 37 be deemed a separate and distinct offense. 38 4. Notwithstanding the provisions of subdivision three of this 39 section, any such telephone corporation, cable corporation, combination 40 telephone and cable corporation or voice over internet protocol service 41 provider that violates a provision of this chapter, or an order or regu- 42 lation adopted under the authority of this chapter specifically for the 43 protection of human safety or prevention of significant damage to real 44 property, including, but not limited to: (a) a death or personal injury; 45 or (b) damage to real property in excess of fifty thousand dollars, 46 forfeit a sum not to exceed the greater of: (i) two hundred fifty thou- 47 sand dollars or three one-hundredths of one percent of the annual intra- 48 state gross operating revenue of the corporation, whichever is greater, 49 constituting a civil penalty for each separate and distinct offense; 50 provided, however, that for purposes of this paragraph, each day of a 51 continuing violation shall not be deemed a separate and distinct 52 offense. The total period of a continuing violation, as well as every 53 distinct violation, shall be similarly treated as a separate and 54 distinct offense for purposes of this paragraph; or (ii) the maximum 55 forfeiture determined in accordance with subdivision three of this 56 section.A. 3739 4 1 5. Notwithstanding the provisions of subdivision three or four of this 2 section, a telephone corporation, cable corporation, combination tele- 3 phone and cable corporation or voice over internet protocol service 4 provider that violates a provision of this chapter, or an order or regu- 5 lation adopted under authority of this chapter, designed to protect the 6 overall reliability and continuity of service, including but not limited 7 to the restoration of service following a major outage event or emergen- 8 cy, shall forfeit a sum not to exceed the greater of: (a) five hundred 9 thousand dollars or four one-hundredths of one percent of the annual 10 intrastate gross operating revenue of the telephone corporation, cable 11 corporation, combination telephone and cable corporation or voice over 12 internet protocol service provider, whichever is greater, constituting a 13 civil penalty for each separate and distinct offense; provided, however, 14 that for purposes of this paragraph each day of a continuing violation 15 shall not be deemed a separate and distinct offense. The total period 16 of a continuing violation, as well as every distinct violation shall be 17 similarly treated as a separate and distinct offense for purposes of 18 this paragraph; or 19 (b) the maximum forfeiture determined in accordance with subdivision 20 three of this section. 21 6. Any director, officer, agent, or employee of any corporation or 22 service provider determined by the commission to have violated the 23 provisions of subdivision three, four, or five of this section, and who 24 knowingly violates a provision of this chapter, regulation or an order 25 adopted under authority of this chapter so long as the same shall be in 26 force, including a failure to provide safe and adequate service, shall 27 forfeit a sum not to exceed one hundred thousand dollars constituting a 28 civil penalty for each and every offense and, in the case of a continu- 29 ing violation, each day shall be deemed a separate and distinct offense. 30 7. Any such assessment may be compromised or discontinued by the 31 commission. All moneys recovered pursuant to this section, together with 32 the costs thereof, shall be remitted to, or for the benefit of, the 33 ratepayers in a manner to be determined by the commission. 34 8. Upon a failure by a telephone corporation, cable corporation, 35 combination telephone and cable corporation or voice over internet 36 protocol service provider to remit any penalty assessed by the commis- 37 sion pursuant to this section, the commission, through its counsel or 38 other appropriate designee, may institute an action or special proceed- 39 ing to collect the penalty in a court of competent jurisdiction. 40 9. Any payment made by a telephone corporation, cable corporation, 41 combination telephone and cable corporation or voice over internet 42 protocol service provider and the directors, officers, agents and 43 employees thereof as a result of an assessment as provided in this 44 section, and the cost of litigation and investigation related to any 45 such assessment, shall not be recoverable from ratepayers, subscribers, 46 or customers. 47 10. In construing and enforcing the provisions of this chapter relat- 48 ing to penalties, the act of any director, officer, agent or employee of 49 a telephone corporation, cable corporation, combination telephone and 50 cable corporation or voice over internet protocol service provider 51 acting within the scope of his or her official duties or employment 52 shall be deemed to be the act of such telephone corporation, cable 53 corporation, combination telephone and cable corporation or voice over 54 internet protocol service provider. 55 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 56 sion, section or part of this act shall be adjudged by any court ofA. 3739 5 1 competent jurisdiction to be invalid, such judgment shall not affect, 2 impair, or invalidate the remainder thereof, but shall be confined in 3 its operation to the clause, sentence, paragraph, subdivision, section 4 or part thereof directly involved in the controversy in which such judg- 5 ment shall have been rendered. It is hereby declared to be the intent of 6 the legislature that this act would have been enacted even if such 7 invalid provisions had not been included herein. 8 § 3. This act shall take effect immediately.