S T A T E O F N E W Y O R K
________________________________________________________________________
3730
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. DIAZ -- Multi-Sponsored by -- M. of A. BENJAMIN,
CLARK, WEISENBERG -- read once and referred to the Committee on Corpo-
rations, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03912-01-9
A. 3730 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.