Bill Text: NY A08459 | 2011-2012 | General Assembly | Introduced

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Bill Title: Eliminates state regulation of voice over internet protocol service in order to facilitate competition and ensure consumers receive the maximum benefit of competition.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2012-01-04 - referred to corporations, authorities and commissions [A08459 Detail]

Download: New_York-2011-A08459-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8459
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 17, 2011
                                      ___________
       Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions
       AN ACT to amend the public service law, in relation to eliminating state
         regulation of VoIP service in  order  to  facilitate  competition  and
         ensure consumers receive the maximum benefit of competition
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 2 of the public service law is amended by adding  a
    2  new subdivision 28 to read as follows:
    3    28.  THE TERM "VOICE-OVER-INTERNET PROTOCOL SERVICE" OR "VOIP SERVICE"
    4  WHEN USED IN THIS CHAPTER, SHALL MEAN  ANY  SERVICE  THAT:  (A)  ENABLES
    5  REAL-TIME  TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE FROM OR TERMINATE
    6  TO THE USER'S LOCATION USING INTERNET PROTOCOL OR ANY  SUCCESSOR  PROTO-
    7  COL;  (B)  USES A BROADBAND CONNECTION FROM THE USER'S LOCATION; AND (C)
    8  PERMITS USERS GENERALLY TO RECEIVE CALLS THAT ORIGINATE  ON  THE  PUBLIC
    9  SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED
   10  TELEPHONE NETWORK.
   11    S  2.  Paragraph d of subdivision 1 of section 5 of the public service
   12  law, as amended by chapter 155 of the laws of 1970, is amended  to  read
   13  as follows:
   14    d. To every telephone line which lies wholly within the state and that
   15  part  within  the  state  of New York of every telephone line which lies
   16  partly within and partly without the state and to the persons or  corpo-
   17  rations  owning, leasing or operating any such telephone line.  NOTWITH-
   18  STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS-
   19  SION, THE DEPARTMENT OF PUBLIC SERVICE,  NOR  ANY  OTHER  DEPARTMENT  OR
   20  AGENCY  OF  THIS STATE, OR ANY POLITICAL SUBDIVISION THEREOF, SHALL HAVE
   21  AUTHORITY TO REGULATE THE ENTRY, RATES OR  OTHER  TERMS  OF  SERVICE  OF
   22  VOICE-OVER-INTERNET  PROTOCOL SERVICE.   PROVIDED, HOWEVER, THAT NOTHING
   23  IN THIS PARAGRAPH SHALL AFFECT THE AUTHORITY OF THE STATE OR  ITS  AGEN-
   24  CIES  TO  ENFORCE  SUCH REQUIREMENTS AS ARE OTHERWISE EXPRESSLY PROVIDED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13156-01-1
       A. 8459                             2
    1  FOR BY FEDERAL LAW, INCLUDING, BUT NOT LIMITED  TO,  CONNECTION  TO  911
    2  FACILITIES,  THE  COLLECTION  OF  ENHANCED  911 FEES, TELECOMMUNICATIONS
    3  RELAY  SERVICE  FEES,  OR  FEDERAL  UNIVERSAL  SERVICE  FUND   FEES   ON
    4  VOICE-OVER-INTERNET  PROTOCOL  SERVICES THAT MAY BE DETERMINED TO APPLY,
    5  OR BE CONSTRUED TO (1) MODIFY  OR  AFFECT  THE  RIGHTS,  OBLIGATIONS  OR
    6  AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE PUBLIC SERVICE
    7  COMMISSION,  TO  ACT PURSUANT TO, OR ENFORCE THE PROVISIONS OF 47 U.S.C.
    8  251, 47 U.S.C. 252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGU-
    9  LATION OR ORDER RELATED TO WHOLESALE  RIGHTS,  DUTIES  AND  OBLIGATIONS,
   10  INCLUDING THE RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS
   11  TO  INTERCONNECT  AND  EXCHANGE  VOICE TRAFFIC; (2) MODIFY OR AFFECT THE
   12  AUTHORITY OF THE PUBLIC SERVICE COMMISSION TO IMPLEMENT, CARRY OUT,  AND
   13  ENFORCE  SUCH  PROVISIONS, RIGHTS, DUTIES, OBLIGATIONS OR TARIFF THROUGH
   14  ARBITRATION PROCEEDINGS OR OTHER AVAILABLE MECHANISMS AND PROCEDURES; OR
   15  (3) AFFECT THE PAYMENT OF SWITCHED NETWORK ACCESS RATES OR OTHER  INTER-
   16  CARRIER  COMPENSATION  RATES,  AS  APPLICABLE.   NOTHING HEREIN SHALL BE
   17  CONSTRUED TO AFFECT THE APPLICATION OR ENFORCEMENT OF OTHER STATUTES  OR
   18  REGULATIONS  THAT  APPLY  GENERALLY  TO  THE  CONDUCT OF BUSINESS IN THE
   19  STATE, INCLUDING CONSUMER PROTECTION, OR UNFAIR OR DECEPTIVE TRADE PRAC-
   20  TICES RULES OF GENERAL APPLICABILITY.
   21    S 3. Subdivision 1 of section 90 of the public service law, as amended
   22  by chapter 414 of the laws of 1981, is amended to read as follows:
   23    1. [The] EXCEPT AS PROVIDED IN  PARAGRAPH  D  OF  SUBDIVISION  ONE  OF
   24  SECTION FIVE OF THIS CHAPTER, THE provisions of this article shall apply
   25  to communication by telegraph or telephone between one point and another
   26  within  the  state  of  New  York and to every telegraph corporation and
   27  telephone corporation.
   28    S 4. This act shall take effect immediately.