NY State Senate Bill 2009-S4565

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to energy and telecommunications
Apr 24, 2009	referred to energy and telecommunications

2009-S4565 (ACTIVE) - Details

See Assembly Version of this Bill:: A4978
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§2, 5 & 90, Pub Serv L
Versions Introduced in 2011-2012 Legislative Session:: A5753

2009-S4565 (ACTIVE) - Summary

Eliminates state regulation of voice over internet protocol service in order to facilitate competition and ensure consumers receive the maximum benefit of competition.

2009-S4565 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4565

 TITLE OF BILL :
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


 PURPOSE :
Eliminates state regulation of voice over Internet protocol service in
order to facilitate competition and ensure consumers receive the
maximum benefit of competition.

 SUMMARY OF PROVISIONS :
This bill creates a free-standing act entitled "The Voice Growth Act
of 2009." It prohibits the Public Service Commission from regulating
the rates, terms and conditions of Voice over Internet Protocol (VoIP)
service. The legislation does not affect the application or
enforcement of consumer protection laws nor does it mandate or
prohibit the assessment of E-911 fees, telecommunications relay
service fees, or federal or state Universal Service Fund fees on VoIP
service. Payment of access rates or other inter-carrier compensation
that may be determined to apply to a VoIP carrier's use of the PSTN is
also preserved.

 JUSTIFICATION :

VoIP is a technology application that uses a broadband Internet
connection to transmit voice telecommunications over the Internet.
The rates, terms and conditions of VoIP service, which has been
offered in New York State since the early 2000's, are not regulated.

VoIP service converts voice communications into digital packets that
travel over the Internet.  When a VoIP call is placed to a traditional
telephone number, the digital packets are converted to a traditional
Public Switched Telephone Network (PSTN) signal before the call
reaches its destination.

VoIP allows a call to be made directly from a computer, a special VoIP
phone, or a tradition telephone connected to an Analog Telephone
Adaptor (ATA).

VoIP brings increased efficiency and functionality to voice
communications. The Internet's use of computer processing allows for
decreased use of transmission facilities, and automatic rerouting
around malfunctioning routers or damaged lines without relying on a
separate telephone signaling network. Since the cost of computer
processing is decreasing and the demand for communications bandwidth
is increasing, Internet Protocol (IP) networks offer a more economical
and robust means for providing communication connections than the
traditional PSTN.

This legislation is especially important for consumers living in rural
upstate New York who have yet to enjoy the benefits of broadband and
voice competition. Adopting the legislation could help rural consumers
to benefit from voice competition, rural telecommunications companies
to extend broadband more affordably, remote businesses to transform
the way they do business, rural communities to connect to a new world
of remote job opportunities, and rural economies to become an engine
for higher paying information age jobs. Rather than outsourcing jobs
overseas, some progressive companies are now using VoIP to
"home-source" jobs to rural communities.

This legislation will enable a consistent and predictable policy
framework and thus foster VoIP innovation in New York.

 LEGISLATIVE HISTORY :
S.7664-B (2007-2008) Passed Senate; A.11008 (2007-2008) -
Corporations, Authorities and Commissions

 EFFECTIVE DATE :
Immediately.

2009-S4565 (ACTIVE) - Bill Text download pdf

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

                                  4565

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

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.

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

S. 4565                             2

PROVIDED,  FURTHER,  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 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.

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Senate Bill S4565

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2009-S4565 (ACTIVE) - Details

2009-S4565 (ACTIVE) - Summary

2009-S4565 (ACTIVE) - Sponsor Memo

2009-S4565 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4565

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2009-S4565 (ACTIVE) - Details

2009-S4565 (ACTIVE) - Summary

2009-S4565 (ACTIVE) - Sponsor Memo

2009-S4565 (ACTIVE) - Bill Text download pdf

Comments