Senate Bill S5615A

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

                                 5615--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 21, 2009
                               ___________

Introduced  by  Sens. PARKER, KRUGER, OPPENHEIMER, PERKINS -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Energy and Telecommunications -- recommitted to  the  Committee  on
  Energy and Telecommunications in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the public service law and the general business law,  in
  relation  to  providing  for unlisted telephone numbers without charge
  for certain victims of domestic violence

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

  Section 1. Section 91 of the public service law is amended by adding a
new subdivision 7 to read as follows:
  7.  EVERY  LOCAL  EXCHANGE  TELEPHONE  CORPORATION, AS DEFINED IN THIS
CHAPTER SHALL, AT ITS OPTION: (A) ALLOW A CUSTOMER TO USE A MODIFIED  OR
ALTERNATIVE  NAME  FOR  A  DIRECTORY  LISTING OR (B) WAIVE THE OTHERWISE
APPLICABLE CHARGES FOR A  NON-PUBLISHED  TELEPHONE  LISTING,  WHERE  THE
CUSTOMER  REQUESTS  PROTECTION  OF  ITS  IDENTITY IN CONNECTION WITH THE
CUSTOMER'S PURCHASE OF TELEPHONE SERVICE AND THE CUSTOMER IS A VICTIM OF
DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR  HUNDRED  FIFTY-NINE-A  OF
THE  SOCIAL SERVICES LAW, AND FOR WHOSE BENEFIT ANY ORDER OF PROTECTION,
OTHER THAN A TEMPORARY ORDER OF PROTECTION, HAS BEEN ISSUED BY  A  COURT
OF COMPETENT JURISDICTION. THIS WAIVER OF CHARGES SHALL BE FOR THE DURA-
TION OF THE APPLICABLE, NON-TEMPORARY, ORDER. ANY NON-PUBLISHED LISTINGS
PROVIDED  IN THIS SUBDIVISION SHALL CONFORM TO ALL THE SAME REQUIREMENTS
OF OTHER NON-PUBLISHED LISTINGS. A CUSTOMER REQUESTING SUCH AN  ACCOMMO-
DATION SHALL PROVIDE A COPY OF THE ORDER OF PROTECTION TO THE APPLICABLE
TELEPHONE PROVIDER.
  S  2. The general business law is amended by adding a new section 399-
yy to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11988-02-0

              

S. 5615--A                          2

  S 399-YY.   CABLE TELEVISION  COMPANY  PROVIDING  TELEPHONE  SERVICES.
EVERY CABLE TELEVISION COMPANY, AS DEFINED IN SECTION TWO HUNDRED TWELVE
OF  THE PUBLIC SERVICE LAW, THAT PROVIDES TELEPHONE SERVICE TO CUSTOMERS
IN NEW YORK SHALL, AT ITS OPTION: A. ALLOW A CUSTOMER TO USE A  MODIFIED
OR  ALTERNATIVE  NAME  FOR A DIRECTORY LISTING OR B. WAIVE THE OTHERWISE
APPLICABLE CHARGES FOR A  NON-PUBLISHED  TELEPHONE  LISTING,  WHERE  THE
CUSTOMER  REQUESTS  PROTECTION  OF  ITS  IDENTITY IN CONNECTION WITH THE
CUSTOMER'S PURCHASE OF TELEPHONE SERVICE AND THE CUSTOMER IS A VICTIM OF
DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR  HUNDRED  FIFTY-NINE-A  OF
THE  SOCIAL SERVICES LAW, AND FOR WHOSE BENEFIT ANY ORDER OF PROTECTION,
OTHER THAN A TEMPORARY ORDER OF PROTECTION, HAS BEEN ISSUED BY  A  COURT
OF COMPETENT JURISDICTION. THIS WAIVER OF CHARGES SHALL BE FOR THE DURA-
TION OF THE APPLICABLE, NON-TEMPORARY, ORDER. ANY NON-PUBLISHED LISTINGS
PROVIDED  IN  THIS SECTION SHALL CONFORM TO ALL THE SAME REQUIREMENTS OF
OTHER NON-PUBLISHED LISTINGS. A CUSTOMER  REQUESTING  SUCH  AN  ACCOMMO-
DATION SHALL PROVIDE A COPY OF THE ORDER OF PROTECTION TO THE APPLICABLE
TELEPHONE PROVIDER.
  S 3. The New York state office for prevention of domestic violence and
the  office  of  children  and family services are hereby authorized and
directed to assist the New York state department of  public  service  in
preparing  a  comprehensive study documenting: (1) the number of victims
of domestic violence who have received either a modified or  alternative
name  for a directory listing, or a non-published telephone listing with
all applicable charges waived, between the effective date  of  this  act
and  April  15, 2011; (2) the fiscal implications for New York telephone
services' providers of providing either a modified or  alternative  name
for  a  directory listing, or a non-published telephone listing with all
applicable charges waived; and (3) whether any grants, foundation  fund-
ing  or other funding exists that could continue to provide said victims
of domestic violence with the valuable service  of  non-published  list-
ings,  or modified or alternative listings, at no cost, without a fiscal
impact upon the state of New York, or upon the telephone corporations or
cable television companies providing  such  service.  The  findings  and
results  of the study shall be delivered, in the form of a report to the
governor, the temporary president of the senate, and the speaker of  the
assembly  on  May  3,  2011.  The  report shall also include recommended
legislation that will assist in effectuating the legislature's  goal  of
providing  additional protection for the victims of domestic violence by
aiding them in keeping their telephone number unknown by the perpetrator
of violence upon them.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however effective immediately, the
public service commission is authorized to promulgate any and all  rules
and regulations, and take any other measures necessary to implement this
act on its effective date on or before such date.