S T A T E O F N E W Y O R K
________________________________________________________________________
4189
2009-2010 Regular Sessions
I N S E N A T E
April 15, 2009
___________
Introduced by Sens. FLANAGAN, ALESI, LARKIN, MAZIARZ, PADAVAN, SEWARD,
VOLKER -- 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, the executive law and the gener-
al business law, in relation to the provision of residential wireless
telephone service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "wireless telephone service consumer protection act".
S 2. Statement of legislative findings and purpose. The legislature
finds that residential consumers in New York are offered the opportunity
to purchase wireless telephone service from a variety of service provid-
ers and that the conduct of such providers in making and implementing
these offers varies widely. In many instances, consumers are required to
evaluate service offerings without receiving a full and fair disclosure
of the terms of the service offering or an adequate means to evaluate
the offering in practice. This lack of disclosure extends, but is not
necessarily limited, to the essential financial terms of the offer, the
specific characteristics and capabilities of the service being offered,
the geographic area covered by the service being offered, and the capa-
bility of the service to meet the customer's needs in emergency circum-
stances. Furthermore, after the consumer has established service, the
bills for such service may be unclear, misleading, or untimely, and the
service provider may change the material terms for such service unila-
terally and without adequate notice to and approval by the consumer.
Finally, procedures currently available to consumers to resolve
complaints concerning their wireless telephone service are often untime-
ly, inefficient, or ineffective for the resolution of these complaints,
and wireless telephone service providers are provided with an inadequate
incentive to minimize and effectively address these complaints. The
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06502-01-9
S. 4189 2
purpose of this legislation is to provide a regulatory program for wire-
less telephone service provider conduct and for the terms and conditions
of such service other than the entry of or the rates charged by any such
provider.
S 3. Paragraph a of subdivision 6 of section 5 of the public service
law, as added by chapter 684 of the laws of 1997, is amended to read as
follows:
a. Application of the provisions of this chapter to cellular telephone
services is suspended unless the commission, no sooner than one year
after the effective date of this subdivision, makes a determination,
after notice and hearing, that suspension of the application of the
provisions of this chapter shall cease to the extent found necessary to
protect the public interest; PROVIDED, HOWEVER, THAT NOTHING IN THIS
PARAGRAPH SHALL SUSPEND OR LIMIT THE AUTHORITY PROVIDED TO THE CONSUMER
PROTECTION BOARD IN SECTION FIVE HUNDRED FIFTY-THREE OF THE EXECUTIVE
LAW AND ARTICLE TWENTY-EIGHT-F OF THE GENERAL BUSINESS LAW TO IMPLEMENT
THE PROVISIONS OF LAW CONTAINED THEREIN OR TO PROMULGATE AND ENFORCE
REGULATIONS TO AFFORD CONSUMER PROTECTIONS TO RESIDENTIAL CUSTOMERS OF
WIRELESS TELEPHONE SERVICE PROVIDERS.
S 4. Subdivision 1 of section 553 of the executive law is amended by
adding a new paragraph a-2 to read as follows:
A-2. IMPLEMENT THE PROVISIONS OF ARTICLE TWENTY-EIGHT-F OF THE GENERAL
BUSINESS LAW AND TO ASSERT SUCH JURISDICTION OVER WIRELESS TELEPHONE
SERVICE PROVIDERS AS MAY BE NECESSARY FOR SUCH IMPLEMENTATION; AND
S 5. The general business law is amended by adding a new article 28-F
to read as follows:
ARTICLE 28-F
WIRELESS TELEPHONE CONSUMER PROTECTION ACT
SECTION 495. WIRELESS TELEPHONE CONSUMER PROTECTION.
495-A. COMPLAINT PROCEDURES AND ADJUDICATION OF COMPLAINTS.
495-B. COMPLAINT AND COMPLIANCE METRICS.
495-C. APPLICABILITY.
S 495. WIRELESS TELEPHONE CONSUMER PROTECTION. 1. WHEN USED IN THIS
SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEAN-
INGS:
A. "ENHANCED WIRELESS 911 SERVICE" MEANS THE SERVICE REQUIRED TO BE
PROVIDED BY WIRELESS TELEPHONE SERVICE PROVIDERS PURSUANT TO THE FCC
ORDER.
B. "FCC ORDER" MEANS ALL ORDERS ISSUED BY THE FEDERAL COMMUNICATIONS
COMMISSION PURSUANT TO THE PROCEEDING ENTITLED "REVISION OF THE COMMIS-
SION'S RULE TO ENSURE COMPATIBILITY WITH ENHANCED 911 EMERGENCY CALLING
SYSTEMS" (CC DOCKET NO. 94-102; RM-8143), OR ANY SUCCESSOR PROCEEDING,
REGARDING THE DELIVERY OF ANI AND ALI AS OF THE DATES AND ACCORDING TO
THE OTHER CRITERIA ESTABLISHED THEREIN AND THE RULES ADOPTED BY THE
FEDERAL COMMUNICATIONS COMMISSION IN ANY SUCH PROCEEDING, AS SUCH RULES
MAY BE AMENDED FROM TIME TO TIME.
C. "BASIC WIRELESS 911 SERVICE" MEANS THE ABILITY OF WIRELESS TELE-
PHONE SERVICE SUBSCRIBERS TO DIAL DIGITS 9-1-1 AND BE CONNECTED TO A
LOCAL PUBLIC SAFETY ANSWERING POINT OR A STATE PUBLIC SAFETY ANSWERING
POINT.
D. "STATE PUBLIC SAFETY ANSWERING POINT" MEANS A SITE DESIGNATED AND
OPERATED BY THE DIVISION OF STATE POLICE FOR THE PURPOSES OF RECEIVING
EMERGENCY CALLS FROM CUSTOMERS OF A WIRELESS TELEPHONE SERVICE PROVIDER.
E. "LOCAL PUBLIC SAFETY ANSWERING POINT" MEANS A SITE DESIGNATED AND
OPERATED BY A LOCAL GOVERNMENTAL ENTITY FOR THE PURPOSE OF RECEIVING
EMERGENCY CALLS FROM CUSTOMERS OF A WIRELESS TELEPHONE SERVICE PROVIDER.
S. 4189 3
2. THE CONSUMER PROTECTION BOARD, ACTING THROUGH ITS EXECUTIVE DIREC-
TOR, IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND REGU-
LATIONS AND SHALL, WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE
OF THIS ARTICLE, PROMULGATE SUCH REGULATIONS AND IS FURTHER AUTHORIZED
AND DIRECTED TO TAKE SUCH ACTIONS OR ISSUE SUCH ORDERS AS MAY BE NECES-
SARY TO ENFORCE SUCH RULES AND REGULATIONS. EXCEPT AS SHALL BE PRE-EMPT-
ED BY FEDERAL LAW REGULATING WIRELESS TELEPHONE SERVICE PROVIDERS, SUCH
RULES AND REGULATIONS SHALL BE CONSISTENT WITH FEDERAL LAW REGULATING
WIRELESS TELEPHONE SERVICE OR PROVIDERS OF WIRELESS TELEPHONE SERVICE.
3. AT A MINIMUM, SUCH REGULATIONS SHALL:
A. PROVIDE FOR THE TIMELY WRITTEN DISCLOSURE TO EACH CUSTOMER OR
POTENTIAL CUSTOMER OF, AT A MINIMUM, THE FOLLOWING INFORMATION CONCERN-
ING ANY PLAN OR PROPOSED PLAN OFFERED FOR THE PROVISION OF RESIDENTIAL
WIRELESS TELEPHONE SERVICE TO SUCH CUSTOMER:
I. THE CALLING AREA FOR THE PLAN;
II. THE MONTHLY ACCESS FEE OR BASE CHARGE;
III. THE NUMBER OF AIRTIME MINUTES INCLUDED IN THE PLAN;
IV. ANY NIGHT AND WEEKEND MINUTES INCLUDED IN THE PLAN OR OTHER
DIFFERING CHARGES FOR DIFFERING TIME PERIODS AND THE TIME PERIODS WHEN
NIGHT AND WEEKEND MINUTES OR OTHER CHARGES APPLY;
V. THE CHARGES FOR EXCESS OR ADDITIONAL MINUTES;
VI. WHETHER OR NOT, AND THE EXTENT TO WHICH, PER-MINUTE DOMESTIC OR
INTERNATIONAL LONG DISTANCE CHARGES ARE INCLUDED IN OTHER RATES, AND, TO
THE EXTENT NOT INCLUDED, THE APPLICABLE PER-MINUTE LONG DISTANCE RATES;
VII. PER-MINUTE ROAMING OR OFF-NETWORK CHARGES;
VIII. THE AMOUNT OF ANY ADDITIONAL TAXES, FEES, OR SURCHARGES THAT
WILL BE COLLECTED OR RETAINED BY THE WIRELESS TELEPHONE SERVICE PROVID-
ER;
IX. IF THE PLAN REQUIRES A FIXED-TERM CONTRACT, THE DURATION OF SUCH
CONTRACT;
X. THE AMOUNT OF ANY EARLY TERMINATION FEE AND THE CONDITIONS UNDER
WHICH ANY SUCH EARLY TERMINATION FEE WOULD APPLY, INCLUDING THE LENGTH
OF ANY TRIAL PERIOD DURING WHICH NO EARLY TERMINATION FEE WOULD APPLY.
IN ADDITION TO ANY OTHER DISCLOSURES OF SUCH INFORMATION, THE FIRST BILL
RENDERED BY THE WIRELESS TELEPHONE SERVICE PROVIDER TO THE CUSTOMER
SHALL INCLUDE NOTICE OF THE TERMS ON AND THE PERIOD OF TIME DURING WHICH
SUCH SERVICE MAY BE TERMINATED WITHOUT PENALTY;
XI. A STATEMENT NOTIFYING THE CUSTOMER THAT THE SERVICE INCLUDES BASIC
WIRELESS 911 SERVICE;
XII. THE INFORMATION WHICH IS INCLUDED IN THE EDUCATIONAL PLAN FOR
INFORMING THE PUBLIC ABOUT THE ENHANCED WIRELESS 911 SERVICE IN NEW YORK
STATE REQUIRED BY SUBDIVISION EIGHT OF SECTION THREE HUNDRED
TWENTY-EIGHT OF THE COUNTY LAW AND WHICH IS AN EXPLANATION OF THE
ENHANCED WIRELESS 911 SYSTEM AND A PROGRESS REPORT ON THE
COUNTY-BY-COUNTY IMPLEMENTATION OF THE STATEWIDE SYSTEM;
XIII. WEBSITE INFORMATION TO PERMIT THE CONSUMER TO ACCESS SUCH INFOR-
MATION VIA THE INTERNET IN ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION
THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW;
XIV. THE TOLL-FREE HOTLINE NUMBER BY WHICH SUCH INFORMATION MAY BE
ACCESSED BY THE CONSUMER IN ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION
THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW; AND
XV. BASED UPON CUSTOMER SUPPLIED INFORMATION REGARDING ANTICIPATED
USAGE PATTERNS AND UPON SUCH CUSTOMER'S REQUEST, A GOOD FAITH ESTIMATE
OF THE MONTHLY FIXED AND USAGE CHARGES AND ADDITIONAL TAXES, FEES, OR
SURCHARGES AND OF THE ANTICIPATED TOTAL MONTHLY BILL FOR SUCH CUSTOMER
UNDER SUCH PLAN.
S. 4189 4
B. ESTABLISH PROCEDURES FOR DISCLOSURE AT ANY POINT OF SALE OR OF
CONTACT WITH POTENTIAL OR EXISTING RESIDENTIAL CUSTOMERS OF MAPS
DISPLAYING THE WIRELESS TELEPHONE SERVICE PROVIDER'S OUTSIDE COVERAGE
WITHIN THE STATE AND WITHIN EACH COUNTY OF THE STATE IN WHICH SUCH
PROVIDER PROVIDES SERVICE. SUCH MAPS SHALL BE PREPARED BY EACH WIRELESS
TELEPHONE SERVICE PROVIDER IN THE STATE USING GENERALLY ACCEPTED METHOD-
OLOGIES AND STANDARDS AS ESTABLISHED BY THE BOARD. SUCH MAPS PREPARED ON
THE COUNTY LEVEL SHALL IDENTIFY ALL GEOGRAPHIC AREAS WITHIN THE COUNTY
LARGER THAN FOUR SQUARE MILES WHERE CELL PHONE COVERAGE IS NOT SUPPLIED.
C. REQUIRE OF EACH WIRELESS TELEPHONE SERVICE PROVIDER AN INFORMA-
TIONAL FILING WITH THE BOARD OF THE RATES, CHARGES, AND RATE PLANS
OFFERED BY SUCH PROVIDER TO RESIDENTIAL CUSTOMERS; PROVIDED, HOWEVER,
THAT NO SUCH INFORMATIONAL FILING REQUIREMENT SHALL, DIRECTLY OR INDI-
RECTLY, REGULATE THE ENTRY OF OR THE RATES CHARGED BY ANY WIRELESS TELE-
PHONE SERVICE PROVIDER.
D. REQUIRE THAT:
I. THE BILL FOR WIRELESS TELEPHONE SERVICE SHALL BE CLEARLY ORGANIZED,
SHALL CLEARLY DESCRIBE IN PLAIN LANGUAGE THE PRODUCTS AND SERVICES FOR
WHICH CHARGES ARE IMPOSED, AND SHALL CONFORM TO FORMAT STANDARDS ESTAB-
LISHED BY THE BOARD;
II. THE BILL FOR WIRELESS TELEPHONE SERVICE SHALL CONTAIN ONLY CHARGES
FOR PRODUCTS AND SERVICES AUTHORIZED BY THE CUSTOMER;
III. ROAMING CHARGES SHALL BE ITEMIZED ON THE CUSTOMER'S BILL WITHIN
SIXTY DAYS OF THE CALL'S BEING PLACED, AND SUCH ROAMING CHARGES SHALL
IDENTIFY THE DATE AND ORIGINATING LOCATION OF THE CALL;
IV. TAXES AND FEES WHICH ARE REQUIRED BY FEDERAL OR STATE STATUTE OR
REGULATION TO BE COLLECTED FROM THE CUSTOMER SHALL BE SET FORTH IN A
SEPARATE SECTION OF THE BILL;
V. CHARGES ASSOCIATED WITH THE USE OF WIRELESS TELEPHONE EQUIPMENT OR
SERVICE SHALL NOT BE THE LIABILITY OF THE CUSTOMER IF SUCH USE WAS UNAU-
THORIZED BY THE CUSTOMER DUE TO LOSS OR THEFT; PROVIDED THAT SUCH LOSS
OR THEFT IS PROMPTLY REPORTED TO THE WIRELESS TELEPHONE SERVICE PROVID-
ER; AND
VI. THE TERMS ON WHICH SUCH WIRELESS TELEPHONE SERVICES ARE PROVIDED
TO ANY CUSTOMER SHALL INCLUDE A TRIAL PERIOD WHICH SHALL END NO EARLIER
THAN FIFTEEN DAYS AFTER THE FIRST BILL IS RENDERED TO SUCH CUSTOMER FOR
MONTHLY SERVICE FOLLOWING SERVICE ACTIVATION AND DURING WHICH PERIOD
SUCH CUSTOMER MAY, AFTER PAYMENT FOR SERVICES USED, TERMINATE SUCH
SERVICE WITHOUT INCURRING ANY TERMINATION FEES OR CHARGES OR ANY OTHER
PENALTY OF ANY KIND AND MAY, UPON THE RETURN OF ANY HANDSET BOUGHT OR
LEASED IN CONNECTION WITH SUCH SERVICE, RECEIVE A PRO RATA REFUND OF ANY
AMOUNTS PAID FOR SUCH HANDSET.
E. ESTABLISH PROCEDURES FOR THE NOTIFICATION OF RESIDENTIAL CUSTOMERS
AT LEAST THIRTY DAYS IN ADVANCE OF ANY CHANGE IN RATES, CHARGES, TERMS,
OR CONDITIONS OF SERVICE FOR SUCH CUSTOMERS.
F. ESTABLISH PROCEDURES FOR THE TIMELY PRIOR NOTICE TO RESIDENTIAL
CUSTOMERS OF THE WIRELESS TELEPHONE SERVICE PROVIDER'S INTENT TO TERMI-
NATE SUCH CUSTOMER'S SERVICE SUCH THAT, AT A MINIMUM, SUCH CUSTOMER IS
FULLY ADVISED OF:
I. THE AMOUNT WHICH MUST BE PAID TO MAINTAIN SERVICE;
II. THE PROCEDURES AVAILABLE TO MAKE SUCH PAYMENTS SO THAT THE TERMI-
NATION MAY BE AVOIDED; AND
III. THE BOARD'S COMPLAINT HANDLING PROCEDURES.
G. ESTABLISH PROCEDURES FOR THE HANDLING OF RESIDENTIAL CUSTOMER
COMPLAINTS WHICH, AT A MINIMUM, SHALL REQUIRE THAT EACH WIRELESS TELE-
PHONE SERVICE PROVIDER SHALL:
S. 4189 5
I. MAINTAIN PROCEDURES FOR PROMPT INVESTIGATION OF ANY COMPLAINT ON A
BILL FOR RESIDENTIAL WIRELESS TELEPHONE SERVICE RENDERED OR ON ANY OTHER
TERM OF A CONTRACT FOR SUCH SERVICES, AND FOR PROMPT REPORTING TO THE
COMPLAINANT OF THE RESULT OF SUCH INVESTIGATION. IF SUCH REPORT IS MADE
ORALLY, THE WIRELESS TELEPHONE SERVICE PROVIDER SHALL OFFER THE
COMPLAINANT, UPON A WRITTEN REQUEST, THE OPPORTUNITY TO RECEIVE THE
REPORT IN WRITING;
II. INFORM ANY COMPLAINANT WHOSE COMPLAINT IS RESOLVED IN FAVOR OF
WIRELESS TELEPHONE SERVICE PROVIDER, IN WHOLE OR IN PART, OF THE AVAIL-
ABILITY OF THE BOARD'S COMPLAINT HANDLING PROCEDURES;
III. REFRAIN FROM TERMINATING SERVICE FOR NONPAYMENT SO LONG AS A
COMPLAINT IS PENDING BEFORE A WIRELESS TELEPHONE SERVICE PROVIDER OR THE
BOARD AND FOR FIFTEEN DAYS THEREAFTER, OR FOR SUCH PERIOD AS THE BOARD
FOR GOOD CAUSE SHALL ESTABLISH; PROVIDED, HOWEVER, THAT, AS A CONDITION
OF CONTINUED SERVICE DURING THE PENDENCY OF ANY SUCH DISPUTE, A CUSTOMER
SHALL PAY THE UNDISPUTED PORTIONS OF ANY BILL FOR SERVICE, INCLUDING
BILLS FOR CURRENT CHARGES OR SUCH GREATER OR LESSER AMOUNTS AS THE BOARD
DETERMINES REASONABLY REFLECT THE UNDISPUTED COSTS OF SERVICE TO SUCH
CUSTOMER OR ARE NECESSARY TO FAIRLY COMPENSATE THE WIRELESS TELEPHONE
SERVICE PROVIDER FOR SERVICES RENDERED WHILE THE COMPLAINT IS PENDING
AND FOR FIFTEEN DAYS THEREAFTER; AND
IV. REFRAIN FROM TREATING THE DISPUTED PORTION OF ANY BILL AS LATE
DURING THE PENDENCY OF ANY COMPLAINT BEFORE THE WIRELESS TELEPHONE
SERVICE PROVIDER OR THE BOARD.
H. INCLUDE SUCH FURTHER REGULATIONS AS ARE NECESSARY TO ENSURE THAT
THE RESIDENTIAL CONSUMER PROTECTIONS ESTABLISHED BY OR PURSUANT TO THIS
SECTION ARE, AT A MINIMUM, COMPARABLE TO THOSE PROMULGATED BY THE PUBLIC
SERVICE COMMISSION AND APPLICABLE TO PROVIDERS OF WIRELINE TELEPHONE
SERVICE; PROVIDED, HOWEVER, THAT NOTHING IN THIS PARAGRAPH SHALL PROHIB-
IT THE BOARD FROM PROMULGATING REGULATIONS PURSUANT TO THIS SECTION THAT
AFFORD GREATER CONSUMER PROTECTIONS TO RESIDENTIAL WIRELESS TELEPHONE
SERVICE CUSTOMERS THAN ARE OTHERWISE PROVIDED BY STATUTE OR REGULATION
TO RESIDENTIAL WIRELINE TELEPHONE SERVICE CUSTOMERS.
S 495-A. COMPLAINT PROCEDURES AND ADJUDICATION OF COMPLAINTS. 1. THE
CONSUMER PROTECTION BOARD SHALL ESTABLISH PROCEDURES FOR THE ADMINIS-
TRATION AND ADJUDICATION BY THE BOARD, OR UPON DELEGATION BY THE BOARD
TO THE EXECUTIVE DIRECTOR, BY THE EXECUTIVE DIRECTOR OF COMPLAINTS BY
RESIDENTIAL WIRELESS TELEPHONE CUSTOMERS OR BY STAFF OF THE BOARD
CONCERNING COMPLIANCE BY THEIR WIRELESS TELEPHONE SERVICE PROVIDERS WITH
THE REQUIREMENTS OF THIS ARTICLE OR THE REGULATIONS PROMULGATED TO
IMPLEMENT THIS ARTICLE. IN ADJUDICATING SUCH COMPLAINTS, THE BOARD,
ACTING THROUGH ITS EXECUTIVE DIRECTOR, IS AUTHORIZED TO AND MAY ENTER
AND ENFORCE ANY ORDER DEEMED NECESSARY TO SECURE COMPLIANCE WITH THIS
ARTICLE OR WITH THE REGULATIONS PROMULGATED TO IMPLEMENT THIS ARTICLE.
SUCH PROCEDURES SHALL INCLUDE, AT A MINIMUM:
A. PROVISION FOR INVESTIGATION AND INFORMAL REVIEW BY STAFF OF THE
CONSUMER PROTECTION BOARD AND FOR APPEAL TO THE EXECUTIVE DIRECTOR OR TO
THE CONSUMER PROTECTION BOARD IN ITS DISCRETION;
B. THAT THE BURDEN OF PROOF IN ALL PROCEEDINGS SHALL BE ON THE WIRE-
LESS TELEPHONE SERVICES PROVIDER, EXCEPT AS OTHERWISE PROVIDED BY THE
BOARD FOR GOOD CAUSE; AND
C. PROVISIONS FOR PARTIES TO RECEIVE A WRITTEN DETERMINATION OF ANY
COMPLAINT, UPON REQUEST, IN PLAIN AND SIMPLE ENGLISH, WHICH DETERMI-
NATION SHALL SET FORTH THE RELEVANT FACTS ESTABLISHED, THE REASONS FOR
THE DETERMINATION, WHAT ACTIONS MUST BE TAKEN, AND WHAT FURTHER PROCE-
DURES ARE AVAILABLE TO A COMPLAINANT.
S. 4189 6
2. AS A CONDITION OF CONTINUED SERVICE DURING THE PENDENCY OF ANY SUCH
COMPLAINT, A CUSTOMER SHALL PAY THE UNDISPUTED PORTIONS OF ANY BILL FOR
SERVICE, INCLUDING BILLS FOR CURRENT CHARGES, OR SUCH GREATER OR LESSER
AMOUNTS AS THE BOARD OR THE EXECUTIVE DIRECTOR DETERMINES REASONABLY
REFLECT THE UNDISPUTED COST OF SERVICE TO SUCH CUSTOMER, OR AS THE BOARD
OR EXECUTIVE DIRECTOR DETERMINES ARE NECESSARY TO FAIRLY COMPENSATE THE
WIRELESS TELEPHONE SERVICE PROVIDER FOR SERVICES RENDERED WHILE THE
COMPLAINT IS PENDING AND FOR FIFTEEN DAYS THEREAFTER, AND THE WIRELESS
TELEPHONE SERVICE PROVIDER SHALL NOT TREAT THE DISPUTED PORTION OF ANY
BILL AS LATE DURING THE PENDENCY OF SUCH COMPLAINT BEFORE THE PROVIDER
OR THE BOARD.
3. THE BOARD OR, UPON DELEGATION BY THE BOARD TO THE EXECUTIVE DIREC-
TOR, THE EXECUTIVE DIRECTOR SHALL HAVE THE POWER TO ASSESS AN ADMINIS-
TRATIVE PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS AGAINST ANY WIRELESS
TELEPHONE SERVICE PROVIDER THAT NEGLECTS OR KNOWINGLY FAILS TO COMPLY
WITH ANY REQUIREMENT OF THIS ARTICLE OR ANY ORDER OF THE COMMISSION
IMPLEMENTING OR ENFORCING THIS ARTICLE OR ANY SUCH REGULATION. ALL
MONEYS RECOVERED FROM ANY SUCH ADMINISTRATIVE PENALTY SHALL BE PAID INTO
THE STATE TREASURY TO THE CREDIT OF THE GENERAL FUND.
S 495-B. COMPLAINT AND COMPLIANCE METRICS. 1. THE CONSUMER PROTECTION
BOARD SHALL MAINTAIN RECORDS CONCERNING AND REPORT ANNUALLY THE NUMBER
AND NATURE OF COMPLAINTS RECEIVED CONCERNING WIRELESS TELEPHONE SERVICE.
SUCH REPORT SHALL BE TRANSMITTED TO THE GOVERNOR AND THE LEGISLATURE AND
SHALL BE MADE AVAILABLE TO THE PUBLIC IN WRITING AT THE BOARD'S COST AND
ON THE INTERNET AT NO CHARGE. SUCH RECORDS SHALL INCLUDE, BUT ARE NOT
LIMITED TO, DATA IDENTIFYING THE WIRELESS TELEPHONE SERVICE PROVIDER
ASSOCIATED WITH EACH SUCH COMPLAINT, THE PROVISIONS OF THIS ARTICLE OR
THE REGULATIONS PROMULGATED HEREUNDER, IF ANY, ON WHICH EACH SUCH
COMPLAINT IS BASED, THE ACTIONS TAKEN BY THE BOARD OR THE EXECUTIVE
DIRECTOR TO ADDRESS EACH SUCH COMPLAINT, THE ACTIONS TAKEN TO RESOLVE
EACH SUCH COMPLAINT, THE PERIOD OF TIME BETWEEN THE TIME WHEN THE BOARD
OR EXECUTIVE DIRECTOR IS FIRST NOTIFIED OF THE FACTS UNDERLYING THE
CONSUMER'S COMPLAINT, THE TIME WHEN THE COMPLAINT IS RECORDED AS SUCH BY
THE BOARD OR THE EXECUTIVE DIRECTOR, THE TIME WHEN THE COMPLAINT IS
RESOLVED, AND THE RELIEF, IF ANY, AFFORDED TO THE CONSUMER IN THE RESOL-
UTION OF EACH SUCH COMPLAINT.
2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE BOARD
SHALL ESTABLISH AND, AT ANY TIME THEREAFTER, MAY AMEND CONSUMER SATIS-
FACTION METRICS TO ASSIST CUSTOMERS IN THE EVALUATION OF WIRELESS TELE-
PHONE SERVICE PROVIDERS IN THE STATE. SUCH METRICS SHALL BE BASED ON THE
COMPLAINT DATA AVAILABLE PURSUANT TO THIS SECTION AND SUCH OTHER DATA OR
FACTORS RELATED TO A PROVIDER'S COMPLIANCE WITH THIS SECTION AS THE
BOARD SHALL PRESCRIBE.
S 495-C. APPLICABILITY. FOR PURPOSES OF THIS ARTICLE, THE WIRELESS
TELEPHONE SERVICE TO WHICH THE PROVISIONS OF THIS ARTICLE APPLY IS SUCH
SERVICE BEING PROVIDED OR BEING PROPOSED TO BE PROVIDED TO A RESIDENTIAL
CUSTOMER WHERE THE PLACE OF PRIMARY USE, AS THAT TERM IS USED IN SECTION
ONE HUNDRED EIGHTY-SIX-E OF THE TAX LAW, FOR SUCH SERVICE IS LOCATED IN
THIS STATE.
S 6. The provisions of this act are severable, and if any part or
provision hereof, or the application thereof to any person or circum-
stance, shall be adjudged by any court of competent jurisdiction to be
invalid or unenforceable, such judgment shall not affect, impair or
invalidate the remaining provisions of this act or the application of
any such remaining provisions to any person or circumstance, but shall
be confined in its operation to the provision, person or circumstance
S. 4189 7
directly involved in the controversy in which such judgment shall have
been rendered.
S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately the consumer
protection board is authorized, on or before such date, to promulgate
any and all rules and regulations and to take any other measures neces-
sary to implement this act on such effective date.
