Bill Text: NY S00577 | 2013-2014 | 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.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S00577 Detail]

Download: New_York-2013-S00577-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          577
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations
       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    S 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,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01545-01-3
       S. 577                              2
    1  WHICH, IN THE ORDINARY COURSE OF BUSINESS, MAKES  AVAILABLE  FOR  PUBLIC
    2  USE  TELEPHONES OR TELEPHONE EQUIPMENT. SUCH TERM SHALL ALSO INCLUDE ANY
    3  HOTEL, MOTEL, INNKEEPER, SCHOOL OR HOSPITAL WHICH IMPOSES ANY CHARGE  OR
    4  RECEIVES  ANY  COMPENSATION  BY  CONTRACT, TARIFF OR OTHERWISE FOR CALLS
    5  MADE FROM A TELEPHONE PROVIDED IN A GUEST ROOM, DORMITORY, HOSPITAL ROOM
    6  OR OTHER PREMISES UNDER THE CONTROL OF SUCH ENTITY TO AN ALTERNATE OPER-
    7  ATOR SERVICE PROVIDER.  THE TERM AGGREGATOR ALSO INCLUDES ANY  UNIVERSI-
    8  TY,  PROVIDED,  THAT INCLUSION IN SUCH DEFINITION SHALL IN NO WAY AFFECT
    9  THE TAX-EXEMPT OR ANY OTHER STATUS OF  ANY  SUCH  UNIVERSITY  UNDER  THE
   10  EDUCATION  LAW,  TAX LAW OR NOT-FOR-PROFIT CORPORATION LAW, OR ANY OTHER
   11  PROVISION OF LAW, RULE OR REGULATION RELATING THERETO.
   12    12. EVERY CHARGE FOR TELECOMMUNICATIONS SERVICE BY AN ALTERNATE OPERA-
   13  TOR SERVICE PROVIDER, COCOT SERVICE PROVIDER OR AGGREGATOR,  WHETHER  BY
   14  MEANS  OF  A TELEPHONE LINE OR BY MEANS OF CELLULAR RADIO COMMUNICATION,
   15  MADE ON THE BASIS OF THE DURATION OF THE COMMUNICATION SHALL BE  CHARGED
   16  AND PRORATED BY THE SECOND.
   17    S 3. This act shall take effect on the one hundred eightieth day after
   18  it  shall have become a law; provided that the public service commission
   19  is authorized to promulgate any and all rules and regulations  and  take
   20  any other measures necessary to implement this act on its effective date
   21  on or before such date.