Assembly Bill A8110

2009-2010 Legislative Session

Relates to providing telephone equipment with voice dialing functions to certain persons with disabilities

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2010	print number 8110b
May 11, 2010	amend and recommit to corporations, authorities and commissions
Jan 06, 2010	referred to corporations, authorities and commissions
Jun 09, 2009	print number 8110a
Jun 09, 2009	amend (t) and recommit to corporations, authorities and commissions
May 04, 2009	referred to corporations, authorities and commissions

Bill Amendments

Original

B (Active)

2009-A8110 - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Laws Affected:: Add §399-zz, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2226
2013-2014: A671

2009-A8110 - Summary

Requires telephone companies to provide essential equipment, including voice dialing equipment, to persons with disabilities.

2009-A8110 - Bill Text download pdf

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

                                  8110

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN  ACT  to amend the public service law, in relation to providing tele-
  phone equipment with  the  capability  of  voice  dialing  to  certain
  persons with disabilities

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

  Section 1. Paragraph (a) of subdivision 2 of section 92 of the  public
service  law,  as amended by chapter 517 of the laws of 1996, is amended
to read as follows:
  (a) No change shall be made in any rate, charge or  rental,  or  joint
rate,  charge or rental applicable to regulated basic services, switched
carrier access  services,  charges  for  interconnection  between  local
exchange carriers, and toll services within a local access and transport
area which shall have been filed by a telegraph corporation or telephone
corporation  hereinafter in this subdivision called a utility in compli-
ance with this chapter, except after thirty days' notice to the  commis-
sion  and  to each county, city, town and village served by such utility
which had filed with such utility  within  the  prior  twelve  months  a
request  for such notice and shall be affected by such change and publi-
cation of a notice to the public of such proposed change  once  in  each
week for four successive weeks in a newspaper having general circulation
in  each county containing territory affected by the proposed change. No
other change shall be made in any rate, charge or rental, or joint rate,
charge or rental filed by a utility, except  after  ten  business  days'
notice  to  the  commission  and  publication of one notice at least ten
business days prior to the effective date of the change in  a  newspaper
of  general  circulation in each county affected by the proposed change.
Such notices shall plainly state the changes proposed and the time  when
they go into effect. For the purpose of this paragraph, "regulated basic
services"  are  defined as: residential, individual business, and public

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03912-01-9

A. 8110                             2

access line network access, connection charges for such network  access,
local  usage,  local coin usage rates, tone dialing, access to emergency
services, statewide relay services, operator assistance services, direc-
tor listings, and provisions that affect privacy protections, AND ESSEN-
TIAL  TELEPHONE  EQUIPMENT  FOR  PERSONS WITH DISABILITIES AS DEFINED IN
SECTION NINETY-TWO-A OF THIS ARTICLE.
  S 2. Section 92-a of the public service law, as amended by  section  3
of  part  H1  of  chapter  62 of the laws of 2003, is amended to read as
follows:
  S 92-a. [Special] ESSENTIAL telephone equipment for  hearing  impaired
persons  AND  OTHER  PERSONS WITH DISABILITIES. 1.  The commission shall
require any regulated landline  telephone  corporation  providing  local
exchange  service  to sell or lease [special] ESSENTIAL TELEPHONE EQUIP-
MENT FOR PERSONS WITH DISABILITIES.  "ESSENTIAL TELEPHONE EQUIPMENT  FOR
PERSONS WITH DISABILITIES" SHALL MEAN:
  (A)  telecommunication  equipment  to  a  person  certified as hearing
impaired where the addition of such equipment  is  necessary  to  enable
such person to access and utilize the local exchange network;
  (B)  VOICE  DIALING EQUIPMENT SOLD OR LEASED TO A PERSON WITH A VISUAL
IMPAIRMENT WHERE THE ADDITION OF SUCH EQUIPMENT IS NECESSARY  TO  ENABLE
SUCH PERSON TO ACCESS AND UTILIZE THE LOCAL EXCHANGE NETWORK; AND
  (C)  ANY  OTHER EQUIPMENT IDENTIFIED IN THE RULES OF THE COMMISSION AS
NECESSARY TO ENABLE A PERSON WITH A DISABILITY TO ACCESS AND UTILIZE THE
LOCAL EXCHANGE NETWORK. The sale of such equipment shall be at an amount
not to exceed the actual purchase price by the corporation and the lease
of such equipment shall be at a rate to be determined by the commission.
Any person who leases such equipment shall be  permitted  to  apply  the
lease payments toward the equipment's purchase.
  2.  The  commission  shall authorize the establishment of the New York
telecommunications relay service center. In  developing  a  request  for
proposals  to  provide  telecommunications  relay service the commission
shall include the following minimum provisions:
  (a) The New York telecommunications  relay  service  center  shall  be
located within the municipality of Syracuse, New York;
  (b)  A  minimum  of eighty percent of all calls utilizing telecommuni-
cations relay service must be routed to and through the New  York  tele-
communications relay service center; and
  (c)  A  contract  to provide telecommunications relay service shall be
renewable for up to five years, and the commission shall be empowered to
promulgate and adopt all regulations required to implement the terms  of
this subdivision.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  effective  immediately the public service commission shall promul-
gate any rules or regulations or take  any  other  action  necessary  to
ensure  the timely implementation of this act on its effective date; and
provided further, that the amendments to  section  92-a  of  the  public
service law made by section two of this act shall survive the expiration
and  reversion  set  forth  in section 4 of part H1 of chapter 62 of the
laws of 2003, as amended.

2009-A8110A - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Laws Affected:: Add §399-zz, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2226
2013-2014: A671

2009-A8110A - Summary

Requires telephone companies to provide essential equipment, including voice dialing equipment, to persons with disabilities.

2009-A8110A - Sponsor Memo

                                BILL NUMBER:A8110A

TITLE OF BILL:  An act to amend the general business law, in relation to
providing  telephone  equipment  with voice dialing functions to certain
persons with disabilities

PURPOSE OR GENERAL IDEA OF BILL:  This bill would update  provisions  of
the  Public  Service  Law  to reflect technological advances in adaptive
telecommunications equipment.

SUMMARY OF PROVISIONS:   Section 1.  1.  The  general  business  law  is
amended by adding a new section 399-zz. This section defines voice dial-
ing telephone equipment, consumer, purchaser, and seller.

2.  Any  manufacturer  or  residential voice dialing telephone equipment
shall offer for sale such equipment to consumers,  as  defined  in  this
section, at an amount not to exceed the actual cost of manufacturing the
equipment.

Section  2.  Every telephone corporation, as defined by section 2 of the
public service law, and every cable television company,  as  defined  in
section  212  of  public service law and any other provider of telephone
service that provides telephone service to customers in New  York  state
shall  provide  notice  to  its  customers  that voice dialing telephone
equipment is available form - manufactures as cost,

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:  The current law  is
based on decades-old and outdated technology - only certain services for
the hearing impaired (TTY, statewide relay service) are considered to be
needed to enable people with disabilities to access telecommunications.

JUSTIFICATION:  The provisions of the PSL addressing adaptive telecommu-
nications   equipment  have  not  remained  current  with  technological
advances. This became apparent in 2005,  when  local  telephone  service
providers  discontinued  voice  dialing equipment that is relied upon by
people with visual impairments without any formal review process.

Since the 1970's, there have been numerous advances in  adaptive  equip-
ment  technology.  People  with  disabilities can benefit from amplified
phones, screen readers - even phones  that  can  be  dialed  by  puffing
through a straw. This bill will make it easier for people with disabili-
ties  to stay connected at home and work and will bring the PSL's treat-
ment of adaptive technology into the  21st  century,  Except  for  voice
dialing,  the  legislation does not specify particular technologies, but
allows the PSC to periodically update the  list  of  necessary  adaptive
technologies by adopting regulations.

PRIOR LEGISLATIVE HISTORY:
Formerly Sponsored by Assemblyman Diaz.
A.8029(2005-06)/S.6418(2005-06)
A.2105(2007-08)/5.759(2007-08)
A.3730(2009)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE:  This act shall take effect on January 1, 2010.

2009-A8110A - Bill Text download pdf

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

                                 8110--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. CLARK,
  WEISENBERG -- read once and referred to the Committee on Corporations,
  Authorities  and  Commissions  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to providing tele-
  phone equipment with voice dialing functions to certain  persons  with
  disabilities

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

  Section 1. The general business law is amended by adding a new section
399-zz to read as follows:
  S 399-ZZ. RESIDENTIAL VOICE DIALING TELEPHONE EQUIPMENT. 1.   FOR  THE
PURPOSES  OF THIS SECTION: (A) "VOICE DIALING TELEPHONE EQUIPMENT" SHALL
MEAN CUSTOMER PREMISES EQUIPMENT SUCH AS  TELEPHONE  HANDSETS,  DESIGNED
FOR  USE  ON  THE  RESIDENTIAL PREMISES OF A VISUALLY-IMPAIRED PERSON TO
ORIGINATE, ROUTE OR TERMINATE A TELEPHONE CALL;
  (B) "CONSUMER" OR "PURCHASER" SHALL MEAN: (I) A CERTIFIED VISUALLY-IM-
PAIRED RETAIL CUSTOMER WHO PURCHASES SUCH EQUIPMENT FOR PERSONAL USE  IN
A  PLACE  OF RESIDENCE WHERE THE ADDITION OF SUCH EQUIPMENT IS NECESSARY
TO ENABLE SUCH CONSUMER TO MAKE A TELEPHONE CALL AND THAT (II) MEETS THE
INCOME ELIGIBILITY REQUIREMENTS FOR THE NEW YORK LIFELINE PROGRAM; AND
  (C) "SELLER" SHALL MEAN ANY RETAILER, DISTRIBUTOR OR MANUFACTURER  WHO
SELLS  OR  OFFERS FOR SALE RESIDENTIAL VOICE DIALING TELEPHONE EQUIPMENT
DIRECTLY TO A CONSUMER OR PURCHASER OR PLACES IN THE CHAIN  OF  DISTRIB-
UTION SUCH EQUIPMENT TO BE ULTIMATELY SOLD TO A CONSUMER.
  2.  ANY  MANUFACTURER OF RESIDENTIAL VOICE DIALING TELEPHONE EQUIPMENT
SHALL OFFER FOR SALE SUCH EQUIPMENT TO CONSUMERS,  AS  DEFINED  IN  THIS
SECTION, AT AN AMOUNT NOT TO EXCEED THE ACTUAL COST OF MANUFACTURING THE
EQUIPMENT.
  S  2.  Every  telephone  corporation,  as  defined in section 2 of the
public service law, and every cable television company,  as  defined  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03912-02-9

A. 8110--A                          2

section  212  of  public service law and any other provider of telephone
service that provides telephone service to customers in New  York  state
shall  provide  notice  to  its  customers  that voice dialing telephone
equipment is available from manufacturers at cost.
  S 3. This act shall take effect on January 1, 2010.

2009-A8110B (ACTIVE) - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Laws Affected:: Add §399-zz, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2226
2013-2014: A671

2009-A8110B (ACTIVE) - Summary

Requires telephone companies to provide essential equipment, including voice dialing equipment, to persons with disabilities.

2009-A8110B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8110B

TITLE OF BILL:  An act to amend the general business law, in relation to
providing  telephone  equipment  with voice dialing functions to certain
persons with disabilities

PURPOSE OR GENERAL IDEA OF BILL:  This bill would update  provisions  of
the  Public  Service  Law  to reflect technological advances in adaptive
telecommunications equipment.

SUMMARY OF PROVISIONS:   Section 1.  1.  The  general  business  law  is
amended  by  adding  a  new section 399-zz-1. This section defines voice
dialing telephone equipment, consumer, purchaser, and seller.

2. Any manufacturer or residential  voice  dialing  telephone  equipment
shall  offer  for  sale  such equipment to consumers, as defined in this
section, at an amount not to exceed the actual cost of manufacturing the
equipment.

Section 2. Every telephone corporation, as defined by section 2  of  the
public  service  law,  and every cable television company, as defined in
section 212 of public service law and any other  provider  of  telephone
service  that  provides telephone service to customers in New York state
shall provide notice to  its  customers  that  voice  dialing  telephone
equipment is available from manufactures at cost.

EFFECTS  OF PRESENT LAW WHICH THIS BILL WOULD ALTER:  The current law is
based on decades-old and outdated technology, only certain services  for
the hearing impaired (TTY, statewide relay service) are considered to be
needed to enable people with disabilities to access telecommunications.

JUSTIFICATION:  The provisions of the PSL addressing adaptive telecommu-
nications   equipment  have  not  remained  current  with  technological
advances. This became apparent in 2005,  when  local  telephone  service
providers  discontinued  voice  dialing equipment that is relied upon by
people with visual impairments without any formal review process.

Since the 1970's, there have been numerous advances in  adaptive  equip-
ment  technology.  People  with  disabilities can benefit from amplified
phones, screen readers - even phones  that  can  be  dialed  by  puffing
through a straw. This bill will make it easier for people with disabili-
ties  to stay connected at home and work and will bring the PSL's treat-
ment of adaptive technology into the 21st century.    Except  for  voice
dialing,  the  legislation does not specify particular technologies, but
allows the PSC to periodically update the  list  of  necessary  adaptive
technologies by adopting regulations.

PRIOR LEGISLATIVE HISTORY:

2008 S.759/A.2105
2006 S.6418/A.8029

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE:  This act shall take effect 180 Days after it shall have
become law.

2009-A8110B (ACTIVE) - Bill Text download pdf

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

                                 8110--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. CLARK,
  WEISENBERG -- read once and referred to the Committee on Corporations,
  Authorities  and  Commissions  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to the Committee on Corporations, Authorities and Commis-
  sions in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law, in relation to providing tele-
  phone  equipment  with voice dialing functions to certain persons with
  disabilities

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

  Section 1. The general business law is amended by adding a new section
399-zz-1 to read as follows:
  S 399-ZZ-1. RESIDENTIAL VOICE DIALING TELEPHONE EQUIPMENT. 1.  FOR THE
PURPOSES  OF THIS SECTION: (A) "VOICE DIALING TELEPHONE EQUIPMENT" SHALL
MEAN CUSTOMER PREMISES EQUIPMENT SUCH AS  TELEPHONE  HANDSETS,  DESIGNED
FOR  USE  ON  THE  RESIDENTIAL PREMISES OF A VISUALLY-IMPAIRED PERSON TO
ORIGINATE, ROUTE OR TERMINATE A TELEPHONE CALL;
  (B) "CONSUMER" OR "PURCHASER" SHALL MEAN: (I) A CERTIFIED VISUALLY-IM-
PAIRED RETAIL CUSTOMER WHO PURCHASES SUCH EQUIPMENT FOR PERSONAL USE  IN
A  PLACE  OF RESIDENCE WHERE THE ADDITION OF SUCH EQUIPMENT IS NECESSARY
TO ENABLE SUCH CONSUMER TO MAKE A TELEPHONE CALL AND THAT (II) MEETS THE
INCOME ELIGIBILITY REQUIREMENTS FOR THE NEW YORK LIFELINE PROGRAM; AND
  (C) "SELLER" SHALL MEAN ANY RETAILER, DISTRIBUTOR OR MANUFACTURER  WHO
SELLS  OR  OFFERS FOR SALE RESIDENTIAL VOICE DIALING TELEPHONE EQUIPMENT
DIRECTLY TO A CONSUMER OR PURCHASER OR PLACES IN THE CHAIN  OF  DISTRIB-
UTION SUCH EQUIPMENT TO BE ULTIMATELY SOLD TO A CONSUMER.
  2.  ANY  MANUFACTURER OF RESIDENTIAL VOICE DIALING TELEPHONE EQUIPMENT
SHALL OFFER FOR SALE SUCH EQUIPMENT TO CONSUMERS,  AS  DEFINED  IN  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03912-05-0

A. 8110--B                          2

SECTION, AT AN AMOUNT NOT TO EXCEED THE ACTUAL COST OF MANUFACTURING THE
EQUIPMENT.
  S  2.  Every  telephone  corporation,  as  defined in section 2 of the
public service law, and every cable television company,  as  defined  in
section  212  of  public service law and any other provider of telephone
service that provides telephone service to customers in New  York  state
shall  provide  notice  to  its  customers  that voice dialing telephone
equipment is available from manufacturers at cost.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Assembly Bill A8110

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A8110 - Details

2009-A8110 - Summary

2009-A8110 - Bill Text download pdf

2009-A8110A - Details

2009-A8110A - Summary

2009-A8110A - Sponsor Memo

2009-A8110A - Bill Text download pdf

2009-A8110B (ACTIVE) - Details

2009-A8110B (ACTIVE) - Summary

2009-A8110B (ACTIVE) - Sponsor Memo

2009-A8110B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

BENJAMIN

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A8110 - Details

2009-A8110 - Summary

2009-A8110 - Bill Text download pdf

2009-A8110A - Details

2009-A8110A - Summary

2009-A8110A - Sponsor Memo

2009-A8110A - Bill Text download pdf

2009-A8110B (ACTIVE) - Details

2009-A8110B (ACTIVE) - Summary

2009-A8110B (ACTIVE) - Sponsor Memo

2009-A8110B (ACTIVE) - Bill Text download pdf

Comments