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

                                  4978

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

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

AN ACT to amend the public service law, in relation to eliminating state
  regulation of VoIP service in  order  to  facilitate  competition  and
  ensure consumers receive the maximum benefit of competition

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

  Section 1. Section 2 of the public service law is amended by adding  a
new subdivision 28 to read as follows:
  28.  THE TERM "VOICE OVER INTERNET PROTOCOL SERVICE" OR "VOIP SERVICE"
WHEN USED IN THIS CHAPTER, SHALL MEAN  ANY  SERVICE  THAT:  (A)  ENABLES
REAL-TIME  TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE OR TERMINATE FROM
THE USER'S LOCATION USING INTERNET PROTOCOL OR A SUCCESSOR PROTOCOL, AND
(B) USES A BROADBAND CONNECTION FROM THE USER'S LOCATION.
  S 2. Paragraph e of subdivision 1 of section 5 of the  public  service
law,  as  amended by chapter 155 of the laws of 1970, is amended to read
as follows:
  e. To every telegraph line which lies wholly within the state and that
part within the state of New York of every  telegraph  line  which  lies
partly  within and partly without the state and to the persons or corpo-
rations owning, leasing or operating any such telegraph line.   NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS-
SION,  THE  DEPARTMENT  OF  PUBLIC  SERVICE, NOR ANY OTHER DEPARTMENT OR
AGENCY OF THIS STATE, OR ANY POLITICAL SUBDIVISION THEREOF,  SHALL  HAVE
AUTHORITY  TO  REGULATE  THE  ENTRY,  RATES OR OTHER TERMS OF SERVICE OF
VOICE OVER INTERNET PROTOCOL SERVICE. PROVIDED, HOWEVER, THAT NOTHING IN
THIS PARAGRAPH SHALL BE  CONSTRUED  TO  DIVEST  THE  COMMISSION  OF  ITS
AUTHORITY  WITH  RESPECT  TO THE RATES, TERMS OR CONDITIONS OF ANY LOCAL
EXCHANGE TELEPHONE SERVICE  OVER  WHICH  THE  COMMISSION  EXERCISED  ITS
LAWFUL   JURISDICTION   PRIOR  TO  JANUARY  FIRST,  TWO  THOUSAND  NINE.
PROVIDED, FURTHER, THAT NOTHING  IN  THIS  PARAGRAPH  SHALL  AFFECT  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07538-01-9
              

A. 4978                             2

AUTHORITY  OF  THE STATE OR ITS AGENCIES TO ENFORCE SUCH REQUIREMENTS AS
ARE OTHERWISE EXPRESSLY PROVIDED FOR BY FEDERAL LAW, INCLUDING, BUT  NOT
LIMITED  TO,  CONNECTION TO 9-1-1 FACILITIES, THE COLLECTION OF ENHANCED
911  FEES,  TELECOMMUNICATIONS  RELAY SERVICE FEES, OR FEDERAL UNIVERSAL
SERVICE FUND FEES ON VOICE OVER INTERNET PROTOCOL SERVICES THAT  MAY  BE
DETERMINED  TO  APPLY OR TO AFFECT ANY RIGHTS OR DUTIES THE STATE OR ITS
AGENCIES MAY HAVE UNDER THE PROVISIONS OF 47 U.S.C. S251  OR  47  U.S.C.
S252.    NOTHING  HEREIN SHALL BE CONSTRUED TO AFFECT THE APPLICATION OR
ENFORCEMENT OF OTHER STATUTES OR REGULATIONS THAT APPLY GENERALLY TO THE
CONDUCT OF BUSINESS IN THE  STATE,  INCLUDING  CONSUMER  PROTECTION,  OR
UNFAIR OR DECEPTIVE TRADE PRACTICES RULES OF GENERAL APPLICABILITY.
  S 3. Subdivision 1 of section 90 of the public service law, as amended
by chapter 414 of the laws of 1981, is amended to read as follows:
  1.  The  provisions  of  this  article shall apply to communication by
telegraph or telephone between one point and another within the state of
New York and to every telegraph corporation and  telephone  corporation.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE
COMMISSION, THE DEPARTMENT OF PUBLIC SERVICE, NOR ANY  OTHER  DEPARTMENT
OR  AGENCY  OF  THIS  STATE, OR ANY POLITICAL SUBDIVISION THEREOF, SHALL
HAVE AUTHORITY TO REGULATE THE ENTRY, RATES OR OTHER TERMS OF SERVICE OF
VOICE OVER INTERNET PROTOCOL SERVICE. PROVIDED, HOWEVER, THAT NOTHING IN
THIS PARAGRAPH SHALL BE  CONSTRUED  TO  DIVEST  THE  COMMISSION  OF  ITS
AUTHORITY  WITH  RESPECT  TO THE RATES, TERMS OR CONDITIONS OF ANY LOCAL
EXCHANGE TELEPHONE SERVICE  OVER  WHICH  THE  COMMISSION  EXERCISED  ITS
LAWFUL JURISDICTION PRIOR TO JANUARY FIRST, TWO THOUSAND NINE.  PROVIDED
FURTHER,  HOWEVER,  THAT  NOTHING  IN  THIS  PARAGRAPH  SHALL AFFECT THE
AUTHORITY OF THE STATE OR ITS AGENCIES TO ENFORCE SUCH  REQUIREMENTS  AS
ARE  OTHERWISE EXPRESSLY PROVIDED FOR BY FEDERAL LAW, INCLUDING, BUT NOT
LIMITED TO, CONNECTION TO 9-1-1 FACILITIES, THE COLLECTION  OF  ENHANCED
911  FEES,  TELECOMMUNICATIONS  RELAY SERVICE FEES, OR FEDERAL UNIVERSAL
SERVICE FUND FEES ON VOICE OVER INTERNET PROTOCOL SERVICES THAT  MAY  BE
DETERMINED  TO  APPLY OR TO AFFECT ANY RIGHTS OR DUTIES THE STATE OR ITS
AGENCIES MAY HAVE UNDER THE PROVISIONS OF 47 U.S.C. S251  OR  47  U.S.C.
S252.    NOTHING  HEREIN SHALL BE CONSTRUED TO AFFECT THE APPLICATION OR
ENFORCEMENT OF OTHER STATUTES OR REGULATIONS THAT APPLY GENERALLY TO THE
CONDUCT OF BUSINESS IN THE  STATE,  INCLUDING  CONSUMER  PROTECTION,  OR
UNFAIR OR DECEPTIVE TRADE PRACTICES RULES OF GENERAL APPLICABILITY.
  S 4. This act shall take effect immediately.