S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  338--A
                                                          Cal. No. 23
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. PAULIN, OTIS, VANEL, COLTON, SAYEGH, ZINERMAN --
   read once and referred to the Committee on  Corporations,  Authorities
   and  Commissions  --  ordered  to a third reading, amended and ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the public service law, in relation to  requiring  tele-
   phone  companies  to disclose information to subscribers regarding the
   backup power solution for their voice service equipment; and providing
   for the repeal of such provisions upon expiration thereof
 
   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
 104-a to read as follows:
   § 104-A.  CORPORATION DISCLOSURE OBLIGATION  CONCERNING  BACKUP  POWER
 SOLUTIONS.    1.  AT  MINIMUM ANNUALLY, EVERY REGULATED TELEPHONE CORPO-
 RATION WHICH HAS PROVIDED A  CURRENT  SUBSCRIBER  WITH  A  BACKUP  POWER
 SOLUTION FOR A FACILITIES-BASED, FIXED VOICE SERVICE OFFERED AS RESIDEN-
 TIAL  SERVICE  THAT  IS  NOT LINE POWERED, PROVIDED BY SUCH CORPORATION,
 SHALL PROVIDE SUCH SUBSCRIBER WITH EITHER A WRITTEN NOTICE  OR,  IF  THE
 SUBSCRIBER  HAS  ELECTED, AN ELECTRONIC NOTICE, DISCLOSING THE FOLLOWING
 INFORMATION:
   (A) SERVICE LIMITATIONS WITH AND WITHOUT BACKUP POWER;
   (B) PURCHASE AND REPLACEMENT INFORMATION, INCLUDING COST;
   (C) EXPECTED BACKUP POWER DURATION;
   (D) PROPER USAGE AND STORAGE CONDITIONS, INCLUDING THE IMPACT ON DURA-
 TION OF BACKUP POWER LIFE IF FAILING TO ADHERE TO PROPER USAGE AND STOR-
 AGE CONDITIONS;
   (E) SUGGESTIONS ON HOW TO MAXIMIZE BACKUP  POWER  DURING  A  PROLONGED
 POWER OUTAGE; AND
   (F)   SUBSCRIBER   BACKUP   POWER   SELF-TESTING  AND  SELF-MONITORING
 INSTRUCTIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02121-03-2
 A. 338--A                           2
 
    SUCH NOTICE SHALL BE SENT TO THE SUBSCRIBER SEPARATELY  FROM  HIS  OR
 HER MONTHLY BILLING STATEMENTS OR INVOICE.
    2.(A)  THE  COMMISSION  MAY  PROMULGATE  RULES AND REGULATIONS ADDING
 ADDITIONAL REQUIREMENTS FOR THE CONTENT OF THE DISCLOSURE AS REQUIRED IN
 SUBDIVISION ONE OF THIS SECTION.
   (B) THE COMMISSION SHALL  FURTHER  PROMULGATE  RULES  AND  REGULATIONS
 REGARDING THE FORM OF THE WRITTEN NOTICE IN ORDER TO PROMOTE READABILITY
 BY REQUIRING THAT THE NOTICE:
   (1) BE WRITTEN IN A CLEAR AND COHERENT MANNER;
   (2) BE WRITTEN IN AT LEAST ELEVEN-POINT FONT SIZE; AND
   (3) WHEREVER PRACTICABLE, USE WORDS WITH COMMON AND EVERYDAY MEANINGS.
   3. THE COMMISSION SHALL ESTABLISH PROCEDURES TO ASSURE, TO THE FULLEST
 EXTENT  PRACTICABLE,  THAT RESIDENTIAL SUBSCRIBERS RECEIVING FIXED VOICE
 SERVICE FROM  ONE  TELEPHONE  CORPORATION,  BUT  USING  A  BACKUP  POWER
 SOLUTION  PROVIDED  BY  A DIFFERENT TELEPHONE CORPORATION, SHALL RECEIVE
 THE NOTICE REQUIRED BY THIS SECTION, OR A SIMILAR NOTICE  DETAILING  THE
 INFORMATION REQUIRED BY THIS SECTION, FROM ONE OF THE PROVIDERS.
    4.  THE  DISCLOSURE REQUIRED BY 47 CFR 9.20(D) MAY SATISFY THE NOTICE
 REQUIREMENT OF SUBDIVISION ONE OF THIS  SECTION,  PROVIDED  IT  COMPLIES
 WITH THE COMMISSION'S RULES AND REGULATIONS REGARDING FORMAT AS REQUIRED
 BY PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   §  2. This act shall take effect one year after it shall have become a
 law and shall expire and be deemed repealed December 31, 2026.