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

                                  7979

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by M. of A. KELLNER -- 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 credits
  for interruption of cable television, internet and  telephone  service
  provided through cable or broadband connections

  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
231 to read as follows:
  S  231.  CREDIT  FOR SERVICE OUTAGE. 1. EVERY CABLE TELEVISION COMPANY
PROVIDING CABLE, INTERNET OR  TELEPHONE  SERVICES,  OR  ANY  COMBINATION
THEREOF,  THROUGH  CABLE OR BROADBAND CONNECTION SHALL PROVIDE CREDIT TO
SUBSCRIBERS AFFECTED BY ANY SERVICE OUTAGE IN EXCESS OF FOUR  CONTINUOUS
HOURS IN ACCORDANCE WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION. THE
FOUR-HOUR PERIOD SHALL COMMENCE AT THE TIME THE CABLE TELEVISION COMPANY
FIRST BECOMES AWARE OF THE SERVICE OUTAGE.
  2.  WHENEVER  A  CABLE TELEVISION COMPANY MAY REASONABLY DETERMINE THE
EXISTENCE AND SCOPE OF SERVICE OUTAGE, WHICH SERVICE OUTAGE EXCEEDS FOUR
CONTINUOUS HOURS AND SOME PART OF WHICH OCCURS DURING THE HOURS  OF  SIX
A.M.  TO  TWELVE  A.M., THE CABLE TELEVISION COMPANY SHALL AUTOMATICALLY
CREDIT THE ACCOUNT OF EACH AFFECTED SUBSCRIBER.
  3. IN THE EVENT  A  CABLE  TELEVISION  COMPANY  CANNOT  DETERMINE  ALL
SUBSCRIBERS  AFFECTED  BY  A SERVICE OUTAGE IN EXCESS OF FOUR CONTINUOUS
HOURS OR NO PART OF SUCH OUTAGE OCCURS DURING THE HOURS OF SIX  A.M.  TO
TWELVE  A.M., CREDIT SHALL BE GIVEN TO ANY ELIGIBLE SUBSCRIBER WHO MAKES
APPLICATION THEREFOR BY EITHER WRITTEN OR ORAL NOTICE WITHIN NINETY DAYS
OF SUCH SERVICE OUTAGE.
  4. THE MINIMUM CREDIT FOR A SERVICE OUTAGE SHALL BE EQUAL TO ONE THIR-
TIETH TIMES THE APPLICABLE MONTHLY  CHARGE  FOR  EACH  TWENTY-FOUR  HOUR
PERIOD  DURING WHICH A SERVICE OUTAGE CONTINUES FOR AT LEAST FOUR HOURS.
ALL CREDITS SHALL BE APPLIED TO A SUBSCRIBER'S ACCOUNT WITHIN TWO  BILL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09405-01-9
              

A. 7979                             2

ING CYCLES AFTER THE SERVICE OUTAGE OR THE SUBSCRIBERS' REQUEST PURSUANT
TO  SUBDIVISION  THREE  OF  THIS  SECTION,  AS  APPLICABLE, AND SHALL BE
REFLECTED ON THE SUBSCRIBER'S BILLING STATEMENT. THE  BILLING  STATEMENT
SHALL SET FORTH THE METHOD BY WHICH THE CREDIT WAS CALCULATED.
  5.  A  CABLE TELEVISION COMPANY SHALL BE RESPONSIBLE FOR EVERY SERVICE
OUTAGE EXCEPT FOR  INTERRUPTION  OF  PROGRAMMING  TO  PROVIDE  EMERGENCY
INFORMATION  TO  THE PUBLIC USING THE EMERGENCY ALERT SYSTEM AS REQUIRED
BY THE RULES OF THE FEDERAL COMMUNICATIONS COMMISSION AND FEDERAL  EMER-
GENCY MANAGEMENT AGENCY.
  6.  THIS  SECTION  SHALL NOT APPLY TO ANY INTERRUPTION IN SERVICE THAT
OCCURS AS A RESULT OF NONPAYMENT OF A PREVIOUSLY DUE ACCOUNT.
  7. AS USED IN THIS SECTION "SERVICE  OUTAGE"  SHALL  MEAN  A  LOSS  OF
PICTURE  OR  SOUND  ON ALL BASIC CHANNELS OR ON ALL CHANNELS PROVIDED ON
ANY OTHER SERVICE TIER OR ON ONE OR MORE PREMIUM CHANNELS OR A  LOSS  OF
INTERNET  OR  TELEPHONE SERVICE OCCURRING DURING NORMAL OPERATING CONDI-
TIONS WHICH IS NOT CAUSED BY THE SUBSCRIBER OR BY THE SUBSCRIBER'S TELE-
VISION RECEIVER, COMPUTER EQUIPMENT OR TELEPHONE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided, that the public service commission
is immediately authorized and directed to  take  any  and  all  actions,
including  but  not  limited to the promulgation of any necessary rules,
necessary to fully implement the provisions of this act on its effective
date.