Bill Text: NY A08094 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to requiring telephone corporations, cable television companies, and internet service providers to automatically refund its customers when their service is not working; provides such credit shall be given even when the service is not working for less than a twenty-four hour period.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A08094 Detail]
Download: New_York-2023-A08094-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8094 2023-2024 Regular Sessions IN ASSEMBLY September 29, 2023 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public service law, in relation to requiring cable television companies, internet service providers and telephone corpo- rations to automatically refund customers when their systems are out of service or experiencing an outage, when a customer's equipment is not operating correctly, or when a portion of their services are not provided 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 2 224-d to read as follows: 3 § 224-d. Cable refunds. 1. Every cable television company that 4 provides cable service to customers in New York shall automatically 5 credit its customers billing statement whenever: 6 (a) a cable television system is out of service or is experiencing an 7 outage or when the customer's cable box is not operating correctly, for 8 a period of four hours or longer; 9 (b) notwithstanding subdivision six of section two hundred twenty- 10 four-a of this article, a cable television system does not carry a 11 network on a service tier, for a period of four hours or longer; or 12 (c) a subscriber terminates the cable television services. 13 2. (a) Where required under paragraphs (a) and (c) of subdivision one 14 of this section, a credit shall be issued for one thirtieth of the 15 monthly rates for each day the subscriber is not able to access the 16 cable television network for a period of four hours or longer. 17 (b) Where required under paragraph (b) of subdivision one of this 18 section, a credit shall be issued which is pro-rated as determined by 19 the commissioner based on factors including, but not limited to, the 20 duration which the cable television system did not carry the network on 21 the service tier and the cost of the network to the cable television EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13259-01-3A. 8094 2 1 company compared to the cost of all networks distributed on such service 2 tier. 3 3. Where a subscriber terminates service with a cable television 4 company, any credit issued under this section which exceeds the amount 5 due on a billing statement shall be issued to the subscriber in the form 6 of a check in the subscriber's name in the amount such credit exceeds 7 such amount due. 8 § 2. The article heading of article 11 of the public service law, as 9 added by chapter 83 of the laws of 1995, is amended to read as follows: 10 PROVISIONS RELATING TO CABLE TELEVISION 11 AND INTERNET COMPANIES 12 § 3. Section 212 of the public service law is amended by adding a new 13 subdivision 15 to read as follows: 14 15. "Internet service provider" shall mean any person, business or 15 organization qualified to do business in this state that provides indi- 16 viduals, corporations, or other entities with the ability to connect to 17 the internet. 18 § 4. The public service law is amended by adding a new section 224-e 19 to read as follows: 20 § 224-e. Internet refunds. 1. Every internet service provider that 21 provides internet service to customers in New York shall automatically 22 credit its customers billing statement whenever the internet service is 23 out of service or is experiencing an outage, for a period of four hours 24 or longer. 25 2. Where required under subdivision one of this section, a credit 26 shall be issued for one thirtieth of the monthly rates for each day the 27 subscriber is not able to access the internet for a period of four hours 28 or longer. 29 3. Where a subscriber terminates service with an internet service 30 provider, any credit issued under this section which exceeds the amount 31 due on a billing statement shall be issued to the subscriber in the form 32 of a check in the subscriber's name in the amount such credit exceeds 33 such amount due. 34 § 5. The public service law is amended by adding a new section 92-j to 35 read as follows: 36 § 92-j. Telephone refunds. Every telephone corporation, as defined in 37 subdivision seventeen of section two of this chapter, that provides 38 telephone service to customers in New York shall automatically credit 39 its customers billing statement whenever the telephone service is out of 40 service or is experiencing an outage, for a period of thirty minutes or 41 longer. 42 2. Where required under subdivision one of this section, a credit 43 shall be issued for one thirtieth of the monthly rates for each day the 44 subscriber is not able to access telephone services for a period of 45 thirty minutes or longer. 46 3. Where a subscriber terminates service with a telephone corporation, 47 any credit issued under this section which exceeds the amount due on a 48 billing statement shall be issued to the subscriber in the form of a 49 check in the subscriber's name in the amount such credit exceeds such 50 amount due. 51 § 6. This act shall take effect immediately.
