NY State Senate Bill 2009-S3096

Senate Bill S3096

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2010	print number 3096b
May 10, 2010	amend and recommit to energy and telecommunications
Jan 06, 2010	referred to energy and telecommunications
Jun 11, 2009	print number 3096a
Jun 11, 2009	amend (t) and recommit to energy and telecommunications
Mar 10, 2009	referred to energy and telecommunications

Bill Amendments

Original

B (Active)

co-Sponsors

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2009-S3096 - Details

See Assembly Version of this Bill:: A3730
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §399-zz-1, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S298, A2226
2013-2014: S863, A671
2015-2016: S467
2017-2018: S4926

2009-S3096 - Summary

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

2009-S3096 - Sponsor Memo

                                 BILL NUMBER:  S3096

 TITLE OF BILL :
An act to amend the public service law, in relation to providing
telephone equipment with the capability of voice dialing to certain
persons with disabilities


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

 SUMMARY OF PROVISIONS :
Section 1 amends 92(2) (a) of the Public Service Law (PSL) to include
"essential telephone equipment for persons with disabilities" (as
defined in 2 of the bill) in the listing of regulated basic services
that require prior public notice before a utility may change the price
or terms and conditions of service. Section 2 amends PSL 92-a to
define "essential telephone equipment for persons with disabilities"
to mean special telecommunication equipment sold or leased to a person
certified as hearing impaired, voice dialing equipment sold or leased
to a person with a visual impairment and any other equipment
identified in the rules of the commission - in each case, when such
equipment is necessary to enable a person with a disability to access
and utilize the local exchange network. The Public Service Commission
(PSC) shall require any regulated land-line telephone corporation

providing local exchange service to sell or lease such equipment to
persons with disabilities at an amount not to exceed the actual
purchase price by the corporation or a lease rate determined by the
PSC. Existing provisions on statewide relay services would remain
unchanged.

 EXISTING LAW :
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 telecommunications
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 equipment
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
disabilities to stay connected at home and work and will bring the

PSL's treatment 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.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
The first of January next succeeding the date on which it shall have
become a law; provided that the Public Service Commission is
immediately authorized to promulgate rules and take any other actions
necessary for timely implementation, and that the amendments made to
§92-a shall not be affected by the expiration of the provisions of
chapter 62 of the laws of 2003.

2009-S3096 - Bill Text download pdf

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

                                  3096

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by  Sens.  DIAZ, ADAMS, DUANE, HASSELL-THOMPSON, MONSERRATE,
  PARKER, SAMPSON -- read twice and ordered printed, and when printed to
  be committed to the Committee on Energy and Telecommunications

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

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

S. 3096                             2

services" are defined as: residential, individual business,  and  public
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.

co-Sponsors

View additional co-sponsors

2009-S3096A - Details

See Assembly Version of this Bill:: A3730
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §399-zz-1, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S298, A2226
2013-2014: S863, A671
2015-2016: S467
2017-2018: S4926

2009-S3096A - Summary

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

2009-S3096A - Sponsor Memo

                                 BILL NUMBER:  S3096A

 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 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 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 telecommunications
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
equipment 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
disabilities to stay connected at home and work and will bring the
PSL's treatment 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)/S.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-S3096A - Bill Text download pdf

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

                                 3096--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by Sens. DIAZ, ADAMS, DILAN, DUANE, HASSELL-THOMPSON, KLEIN,
  MONSERRATE, PARKER, SAMPSON -- read twice  and  ordered  printed,  and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications  -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03912-03-9

S. 3096--A                          2

  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 January 1, 2010.

co-Sponsors

View additional co-sponsors

2009-S3096B (ACTIVE) - Details

See Assembly Version of this Bill:: A3730
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §399-zz-1, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S298, A2226
2013-2014: S863, A671
2015-2016: S467
2017-2018: S4926

2009-S3096B (ACTIVE) - Summary

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

2009-S3096B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3096B

 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 telecommunications
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
equipment 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
disabilities to stay connected at home and work and will bring the
PSL's treatment 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-S3096B (ACTIVE) - Bill Text download pdf

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

                                 3096--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by Sens. DIAZ, ADAMS, DILAN, DUANE, HASSELL-THOMPSON, KLEIN,
  PARKER, SAMPSON -- read twice and ordered printed, and when printed to
  be committed to the Committee  on  Energy  and  Telecommunications  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Ener-
  gy and Telecommunications 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 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.
                                                           LBD03912-04-0

S. 3096--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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Senate Bill S3096

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Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

co-Sponsors

2009-S3096 - Details

2009-S3096 - Summary

2009-S3096 - Sponsor Memo

2009-S3096 - Bill Text download pdf

co-Sponsors

2009-S3096A - Details

2009-S3096A - Summary

2009-S3096A - Sponsor Memo

2009-S3096A - Bill Text download pdf

co-Sponsors

2009-S3096B (ACTIVE) - Details

2009-S3096B (ACTIVE) - Summary

2009-S3096B (ACTIVE) - Sponsor Memo

2009-S3096B (ACTIVE) - Bill Text download pdf

Comments