S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- recommitted to the Committee on Energy and Telecommuni-
cations in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public service law, in relation to requiring tele-
communication service providers to provide notice relating to service
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-h to read as follows:
S 92-H. NOTICE OF SERVICE OUTAGE. 1. THE COMMISSION SHALL, BY REGU-
LATIONS ADOPTED OR AMENDED PURSUANT TO THIS SECTION, ESTABLISH NOTICE
REQUIREMENTS THAT SHALL APPLY TO ALL TELECOMMUNICATIONS SERVICE PROVID-
ERS, RELATING TO SERVICE OUTAGES THAT LAST FOR TWENTY-FOUR HOURS OR
LONGER AND WHICH AFFECT FIVE CUSTOMERS PER ONE HUNDRED ACCESS LINES OR
MORE. FOR THE PURPOSES OF THIS SECTION, "TELECOMMUNICATIONS SERVICE
PROVIDER" OR "PROVIDER OF TELECOMMUNICATIONS SERVICES" SHALL MEAN A
TELEPHONE CORPORATION CERTIFIED IN THE STATE WITH THE AUTHORITY TO
PROVIDE INTRASTATE TOLL AND LOCAL EXCHANGE SERVICE USING EITHER ITS OWN
OR LEASED FACILITIES. THE COMMISSION SHALL INCLUDE WITH THE NOTICE
REQUIREMENTS, METHODOLOGIES FOR MONITORING COMPLIANCE WITH AND ENFORCE-
MENT OF SUCH STANDARDS.
2. THE TERMS USED IN THIS SECTION EXCEPT WHERE EXPRESSLY INDICATED
OTHERWISE SHALL MEAN AND BE DEFINED AS SET FORTH IN 16 NEW YORK CODE
RULES AND REGULATIONS SECTION 603.3.
3. EVERY PROVIDER OF TELECOMMUNICATIONS SERVICES SHALL PROVIDE NOTICE
TO THE COMMISSIONER AS SOON AS PRACTICABLE BUT IN NO EVENT LATER THAN A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 885--A 2
TIME CERTAIN TO BE DETERMINED BY THE COMMISSION, WHICH SHALL INCLUDE, AT
(A) THE APPROXIMATE NUMBER OF OUT-OF-SERVICE CUSTOMERS BY CITY, TOWN
OR OTHER LOCALIZED GEOGRAPHIC LOCATION DETERMINED BY THE COMMISSION; AND
(B) AN ESTIMATE OF THE DURATION OF SUCH OUTAGE.
4. EVERY PROVIDER OF TELECOMMUNICATIONS SERVICES SHALL, TO THE EXTENT
PRACTICABLE, MAKE INFORMATION RELATING TO ESTIMATED DURATION OF SUCH
OUTAGE AVAILABLE TO CUSTOMERS THROUGH THE PROVIDER'S WEBSITE, LOCAL
MEDIA OR ANY OTHER MEDIUM DETERMINED BY THE COMMISSION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the public service commission
is immediately authorized and directed to take any and all actions,
including but not limited to the promulgation of any rules, necessary to
fully implement the provisions of this act on its effective date.