senate Bill S2512B

Signed by Governor

Relates to publication of rate schedules by telephone corporations

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 18 / Jan / 2013
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 11 / Feb / 2013
    • AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
  • 11 / Feb / 2013
    • PRINT NUMBER 2512A
  • 27 / Feb / 2013
    • 1ST REPORT CAL.101
  • 28 / Feb / 2013
    • 2ND REPORT CAL.
  • 04 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 29 / May / 2013
    • AMENDED ON THIRD READING 2512B
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 20 / Jun / 2013
    • SUBSTITUTED FOR A5466A
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.511
  • 20 / Jun / 2013
    • PASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 09 / Oct / 2013
    • DELIVERED TO GOVERNOR
  • 21 / Oct / 2013
    • SIGNED CHAP.389

Summary

Permits a telephone corporation to publish rate schedules for certain services on its website instead of with the public service commission.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A5466A
Versions:
S2512
S2512A
S2512B
Legislative Cycle:
2013-2014
Law Section:
Public Service Law
Laws Affected:
Add ยง92-g, Pub Serv L

Sponsor Memo

BILL NUMBER:S2512B

TITLE OF BILL: An act to amend the public service law, in relation to
the publication of certain rates and terms

PURPOSE:

To eliminate the requirement that telephone corporations like Frontier
and Verizon, as well as those competitors of Verizon that are
certified local exchange carriers, file tariffs for their competitive
non-basic retail services with the New York State Public Service
Commission (Commission) where they elect, instead, to make that
information available on their public websites, and in writing to
customers when requested.

SUMMARY OF PROVISIONS:

Section 1 of the bill would eliminate the requirement that telephone
corporations like Frontier and Verizon, as well as those competitors
of Verizon that are certified local exchange carriers, file tariffs
for their competitive non-basic retail services with the New York
State Public Service Commission (Commission) where they elect,
instead, to make that information available on their public websites.
The section further requires such companies to develop a customer
service guide and file it with the commission as well as make it
available to any customer upon request. Further it requires notice of
changes in non-basic service terms and conditions to customers.

Section 2: Sets forth the effective date

JUSTIFICATION:

Today, a small number of the telecommunications providers in the New
York market are required to file and maintain tariffs with the
Commission that describe their retail service offerings, the prices
charged, and the terms and conditions for such offerings. In some
instances, those filed rates, terms or conditions are not even allowed
to take effect for a minimum of 30 days or more. These tariff
requirements are a vestige of the monopoly era of telecommunications
when the Commission was charged with overseeing and regulating
monopoly providers. Today the marketplace is highly-competitive, and
most of the providers in the market, including large cable providers
that offer telephone services, are not required to file or maintain
tariffs, or to secure Commission approvals for the services they offer
their customers in competition with other regulated telephone
corporations. These other providers instead have agreements between
themselves and their customers.

The retail tariff filing for non-basic services and approval
obligations are an unnecessary burden on the telephone corporations
that remain subject to them, and they increase the cost of doing
business for those corporations while failing to provide any benefit
to customers. To comply with these obligations, incumbent telephone
providers must maintain a tariff database containing general terms and
conditions, and specific service descriptions and terms and conditions
for all the regulated telecommunications services it provides,
including even separate filings for individual case basis services


provided to business customers. Whenever it introduces a new service
or makes any change to the terms and conditions of its service
offerings, regulatory specialists review the service or change with
product managers, draft tariff language, create specially-formatted
tariff pages, file these pages with the Commission, and distribute
them as required.

Traditional providers are also required to maintain an electronic
database housing the tariffs and ensure that it is accessible to the
Commission. This process is parallel to, but must be coordinated with,
the separate processes undertaken for distinct employees to ensure
adequate and timely customer communications. Today, good customer
service in a competitive market requires the providers to communicate
the rates, terms, and conditions of the services customers purchase by
means of scripts, welcome packages, bills, and other information. In
fact, customers can obtain information about their services at any
time at a company's public website.

This information is far more accessible to customers than tariffs and
comparable to the materials provided by competitors, thus better
facilitating competitive comparison. Drafting, filing, and maintaining
tariff databases is an additional layer of communication, not
typically relied on by customers. In short, direct communication with
customers which providers already undertake today is more informative
to customers than are tariffs. Not only are tariffs an administrative
burden for the providers, but they also slow down the flow of
information in a competitive market. For example, traditional
providers must file tariffs days in advance of making changes to their
services, thus giving competitors advanced notice of business plans.

By eliminating retail tariffs for non-basic services for telephone
companies and certified providers that elect to post the rates terms
and conditions of those services on their websites along with other
requirements included in this bill, New York would be joining with the
federal government and numerous other states which have taken such
action. The federal government eliminated tariffs for interstate long
distance services over fifteen years ago with no harm to consumers.
Nationally, 40 states have already implemented some form of
de-tariffing for tele-communications services.

FISCAL IMPLICATIONS:

No fiscal impact to the state, but the state would likely achieve
administrative savings as a result of less work involved with
processing these types of filings.

HISTORY:

This is a new bill

EFFECTIVE DATE:

This bill shall take effect on the 90th day after it shall have become
law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2512--B
    Cal. No. 101

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the public service law, in relation to  the  publication
  of certain rates and terms

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public service law is amended by adding a  new  section
92-g to read as follows:
  S  92-G. DE-TARIFFING OF NON-BASIC RETAIL SERVICES. 1. NOTWITHSTANDING
ANY OTHER PROVISION OF THIS CHAPTER, OR ANY REGULATION OR  ORDER  ISSUED
BY  THE  COMMISSION  PURSUANT  TO THIS CHAPTER, AND EXCLUDING "REGULATED
BASIC SERVICES" AS DEFINED  IN  PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF
SECTION  NINETY-TWO  OF  THIS ARTICLE ON AND AFTER THE EFFECTIVE DATE OF
THIS SECTION, A TELEPHONE CORPORATION FURNISHING ANY SERVICES THAT WOULD
OTHERWISE BE SUBJECT TO THE RATE SCHEDULE REQUIREMENTS IN SECTION  NINE-
TY-TWO  OF  THIS  ARTICLE  MAY  POST ON ITS WEBSITE THE RATES, TERMS AND
CONDITIONS OF ANY RETAIL SERVICE IT OFFERS, RENDERS OR FURNISHES  WITHIN
THE  STATE.  SECTION  NINETY-TWO  OF THIS ARTICLE SHALL NOT APPLY TO ANY
SERVICE SO POSTED, AND SUCH TELEPHONE CORPORATION SHALL NOT BE  REQUIRED
TO FILE WITH THE COMMISSION OR OBTAIN APPROVAL OF ANY TARIFF OR SCHEDULE
FOR  SUCH  SERVICE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT
THE AUTHORITY OF THE COMMISSION UNDER SECTION NINETY-SEVEN OF THIS ARTI-
CLE.
  2. ANY TARIFF OR SCHEDULE FOR RETAIL SERVICES  FILED  BY  A  TELEPHONE
CORPORATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY BE WITHDRAWN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07082-07-3

S. 2512--B                          2

AT  ANY  TIME AFTER SUCH DATE UPON THIRTY DAYS NOTICE TO THE COMMISSION,
BUT SHALL REMAIN IN EFFECT UNTIL SUCH WITHDRAWAL.
  3.  NOTHING  IN THIS SECTION SHALL AFFECT THE AUTHORITY OF THE COMMIS-
SION OVER SWITCHED ACCESS OR WHOLESALE SERVICES.
  4. A TELEPHONE CORPORATION SHALL ANNUALLY FILE A COPY OF THE  CUSTOMER
SERVICE  GUIDE OR OTHER LISTING OF TERMS AND CONDITIONS WITH THE COMMIS-
SION. A TELEPHONE CORPORATION SHALL PROVIDE  A  COPY  OF  SUCH  CUSTOMER
SERVICE GUIDE OR OTHER LISTING OF TERMS AND CONDITIONS TO ANY REQUESTING
PERSON. THE COMMISSION MAY ORDER ADDITIONAL REQUIREMENTS AS THEY SEE FIT
FOR  THE  CUSTOMER  SERVICE GUIDE. THE TERM "CUSTOMER SERVICE GUIDE" AND
"OTHER LISTING OF TERMS AND CONDITIONS" WHEN USED IN THIS SECTION  SHALL
INCLUDE  BUT  NOT  BE  LIMITED  TO  A  LIST OF NON-BASIC SERVICES WITH A
DESCRIPTION AND RATE OF SALE OF SUCH  SERVICES  BY  A  TELEPHONE  CORPO-
RATION.
  5.  AT  LEAST THIRTY DAYS PRIOR TO AN INCREASE IN RATE FOR A NON-BASIC
SERVICE, A TELEPHONE CORPORATION SHALL NOTIFY ANY AFFECTED  PERSON  THAT
SUCH PERSON MAY OPT OUT OF SUCH NON-BASIC SERVICE AT ANY TIME WITHIN THE
THIRTY DAYS PRIOR TO THE INCREASE BECOMING EFFECTIVE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.