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

                                   507

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  HOYT,  FIELDS, BENEDETTO, GREENE,
  JACOBS, JAFFEE, N. RIVERA, P. RIVERA, ESPAILLAT -- Multi-Sponsored  by
  --  M.  of  A. ALFANO, BOYLAND, DelMONTE, ENGLEBRIGHT, FARRELL, GALEF,
  GOTTFRIED, GUNTHER, McENENY, WEISENBERG -- read once and  referred  to
  the Committee on Corporations, Authorities and Commissions

AN  ACT to amend the public service law, in relation to certain prohibi-
  tions regarding cellular telephone service and charges  for  telephone
  service on a by the second basis

  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
92-g to read as follows:
  S  92-G.  CELLULAR TELEPHONE SERVICE; PROHIBITIONS. 1. AS USED IN THIS
SECTION:
  A. "CELLULAR TELEPHONE SERVICE SUPPLIER" MEANS A BUSINESS ENTITY WHICH
PROVIDES RETAIL CELLULAR TELEPHONE SERVICE WITHIN NEW YORK STATE.
  B. "CELLULAR TELEPHONE" MEANS A CELLULAR  MOBILE  RADIO  TELEPHONE  OR
OTHER RADIO TELEPHONE NOT REQUIRING AN ACCESS LINE FOR SERVICE.
  2.  NO CELLULAR TELEPHONE SERVICE SUPPLIER SHALL IMPOSE ANY CHARGE FOR
THE  PLACEMENT  OF  A  CELLULAR  TELEPHONE  CALL  THAT RESULTS IN A BUSY
SIGNAL, NO ANSWER OR IS OTHERWISE NOT COMPLETED.
  3. A. WHERE CHARGES FOR CELLULAR SERVICE  ARE  IMPOSED  BASED  ON  THE
DURATION OF THE CALL, NO CHARGE SHALL BE IMPOSED UNTIL AFTER A TELEPHONE
NUMBER AND, WHERE APPLICABLE, A PERSONAL IDENTIFICATION NUMBER HAVE BEEN
ENTERED.
  B.  NO CHARGE SHALL BE MADE FOR TIME BETWEEN DIALING AND CONNECTION TO
THE PARTY BEING CALLED.
  4. NO PERSON WHO SELLS CELLULAR TELEPHONES AT RETAIL SHALL REQUIRE, AS
A CONDITION OF THE SALE, THE PURCHASE OF A CONTRACT FOR  CELLULAR  TELE-
PHONE SERVICE.

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

                                                           LBD00425-01-9

A. 507                              2

  S  2.  Subdivision 1 of section 91 of the public service law, as added
by chapter 673 of the laws of 1910, is amended to read as follows:
  1.  Every  telegraph  corporation and every CELLULAR telephone [corpo-
ration] PROVIDER shall furnish and provide with respect to its  business
such  instrumentalities  and  facilities as shall be adequate and in all
respects just and reasonable. All charges made or demanded by any  tele-
graph  corporation  or CELLULAR telephone [corporation] PROVIDER for any
service rendered or to be rendered in connection therewith shall be just
and reasonable and not more than allowed by  law  or  by  order  of  the
commission. ALL CHARGES FOR TELECOMMUNICATIONS SERVICE, WHETHER BY MEANS
OF  A  LINE OR BY MEANS OF CELLULAR TELEPHONE COMMUNICATION, MADE ON THE
BASIS OF THE DURATION OF THE COMMUNICATION SHALL BE CHARGED AND PRORATED
BY THE SECOND. Every unjust or unreasonable charge made or demanded  for
any such service or in connection therewith or in excess of that allowed
by  law  or  by order of the commission is prohibited and declared to be
unlawful.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law;  provided  that section two of this act shall take
effect on the one hundred eightieth day after it  shall  have  become  a
law;  provided  further that the public service commission is authorized
to promulgate any and all rules and regulations and take any other meas-
ures necessary to implement section two of this  act  on  its  effective
date on or before such date.