Bill Text: NY S05812 | 2017-2018 | General Assembly | Introduced


Bill Title: Requires certain companies to operate and maintain call centers; prevents closure without notice and a hearing before the public service commission.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S05812 Detail]

Download: New_York-2017-S05812-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5812
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 2, 2017
                                       ___________
        Introduced  by  Sen.  BOYLE  -- 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 and the general business law, in
          relation to call centers
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 65 of the public service law is amended by adding a
     2  new subdivision 16 to read as follows:
     3    16.  (a) Every telecommunication service provider and its subsidiaries
     4  furnishing traditional landline telephone service, fiber optic  service,
     5  voice  over  internet  protocol (VoIP), data circuits, cable or internet
     6  services shall provide call center service assistance including, but not
     7  limited to operator services,  directory  assistance  bureaus  and  call
     8  completion  services  for the following:   (1) explaining company rates,
     9  regulations, policies, procedures, equipment, customer  service  options
    10  and common practices; (2) determining customer financial responsibility,
    11  required  deposits,  billing rates, or handling payment and other credit
    12  arrangements  such  as  obtaining  deposits,  financial  statements  and
    13  payment  plans;  (3)  taking  requests  for  new or additional services,
    14  including, but not limited to, emergency service, completing  assistance
    15  with  dialing,  using calling cards, connecting collect calls, busy line
    16  verification or  relay  centers  for  the  hearing  impaired,  providing
    17  requested  local and national telephone numbers, reverse number searches
    18  and taking requests for and completing the publishing and non-publishing
    19  of a telephone number, and providing assistance to  payphone  customers;
    20  and  (4)  preparing installation and repair service orders and obtaining
    21  access to subscriber's premises.
    22    (b) No telecommunication service provider nor its  subsidiaries  shall
    23  close  a call center or other facility providing the customer assistance
    24  set forth in paragraph (a) of this subdivision or relocate such customer
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05486-01-7

        S. 5812                             2
     1  assistance to another area of New York state  or  outside  of  New  York
     2  state  without  notice  and  public  hearing before the commission. Upon
     3  receipt of the notice required pursuant to this paragraph,  the  commis-
     4  sion  shall  provide  notice of the proceeding to interested parties and
     5  the public; and shall promptly fix a date  for  the  commencement  of  a
     6  public  hearing thereon not less than sixty days after such receipt. The
     7  testimony presented at such hearing may be presented in writing or oral-
     8  ly, provided that the commission may  make  rules  designed  to  exclude
     9  repetitive,  redundant  or  irrelevant testimony while giving all inter-
    10  ested parties the opportunity to present their documentary and/or testi-
    11  monial evidence. The commission shall make a record of all testimony  in
    12  all  contested  hearings.  For purposes of this section "public hearing"
    13  means a public forum at a  physical  location,  attended  by  commission
    14  members or their designees, where oral testimony is accepted and written
    15  testimony may be submitted for inclusion in the record. Such forum shall
    16  be  open  to  parties  to  the proceeding and the general public for the
    17  presentation of comments that shall be limited to relevant facts direct-
    18  ly related  to  the  proceeding  in  question.  Such  hearing  shall  be
    19  commenced  upon  proper  notice to the parties to the proceeding and the
    20  public at least thirty days prior to the scheduled  date.    Should  the
    21  commission  rule  in  favor  of  closing a call center or other facility
    22  providing the customer assistance set forth in  paragraph  (a)  of  this
    23  subdivision  or  relocating  such customer assistance to another area of
    24  New York state  then  the  telecommunication  service  provider  or  its
    25  subsidiaries shall provide notification one hundred eighty calendar days
    26  in advance of closing or relocation.
    27    (c)  This  subdivision shall not apply to the collection of debt where
    28  by company policy such debt is directed to a collection agency or  simi-
    29  lar service companies.
    30    §  2. The general business law is amended by adding a new section 399-
    31  yyy to read as follows:
    32    § 399-yyy. Cable service provider. 1. Every cable service provider and
    33  its subsidiaries  furnishing  traditional  landline  telephone  service,
    34  fiber optic service, voice over internet protocol (VoIP), data circuits,
    35  cable  or internet services shall provide call center service assistance
    36  including, but not limited to  operator  services,  director  assistance
    37  bureaus  and call completion services for the following:  (a) explaining
    38  company rates, regulations, policies,  procedures,  equipment,  customer
    39  service options and common practices; (b) determining customer financial
    40  responsibility,  required  deposits,  billing rates, or handling payment
    41  and other credit arrangements  such  as  obtaining  deposits,  financial
    42  statements  and payment plans; (c) taking requests for new or additional
    43  services, including, but not limited to, emergency  service,  completing
    44  assistance  with dialing, using calling cards, connecting collect calls,
    45  busy line verification  or  relay  centers  for  the  hearing  impaired,
    46  providing requested local and national telephone numbers, reverse number
    47  searches  and taking requests for and completing the publishing and non-
    48  publishing of a telephone number, and providing assistance to pay  phone
    49  customers;  and (d) preparing installation and repair service orders and
    50  obtaining access to subscriber's premises.
    51    2. No cable service provider nor its subsidiaries shall close  a  call
    52  center  or other facility providing the customer assistance set forth in
    53  subdivision one of this section or relocate such customer assistance  to
    54  another  area  of  New  York  state or outside of New York state without
    55  notice and public hearing before the commission.   Upon receipt  of  the
    56  notice  required  pursuant  to  this  subdivision,  the commission shall

        S. 5812                             3
     1  provide notice of the proceeding to interested parties and  the  public;
     2  and  shall  promptly fix a date for the commencement of a public hearing
     3  thereon not less than sixty  days  after  such  receipt.  The  testimony
     4  presented  at  such  hearing  may  be  presented  in  writing or orally,
     5  provided that the commission may make rules designed to exclude  repeti-
     6  tive,  redundant  or  irrelevant  testimony  while giving all interested
     7  parties the opportunity to present their documentary and/or  testimonial
     8  evidence.    The  commission shall make a record of all testimony in all
     9  contested hearings. For purposes of this section "public hearing"  means
    10  a public forum at a physical location, attended by commission members or
    11  their  designees, where oral testimony is accepted and written testimony
    12  may be submitted for inclusion in the record. Such forum shall  be  open
    13  to parties to the proceeding and the general public for the presentation
    14  of  comments that shall be limited to relevant facts directly related to
    15  the proceeding in question.  Such hearing shall be commenced upon proper
    16  notice to the parties to the proceeding and the public at  least  thirty
    17  days  prior  to the scheduled date.  Should the commission rule in favor
    18  of closing a call  center  or  other  facility  providing  the  customer
    19  assistance  set  forth  in subdivision one of this section or relocating
    20  such customer assistance to another area of  New  York  state  then  the
    21  cable  service  provider  or its subsidiaries shall provide notification
    22  one hundred eighty calendar days in advance of closing or relocation.
    23    3. This section shall not apply to the collection  of  debt  where  by
    24  company  policy  such debt is directed to a collection agency or similar
    25  service companies.
    26    § 3. This act shall take effect immediately.
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