senate Bill S2511

2011-2012 Legislative Session

Requires charges for telephone calls based on duration, whether over lines or by cellular, to be charged and prorated by the second basis

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to energy and telecommunications
Jan 24, 2011 referred to energy and telecommunications

S2511 - Bill Details

See Assembly Version of this Bill:
A4753
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd ยงยง91 & 92-c, Pub Serv L
Versions Introduced in 2009-2010 Legislative Session:
A5226

S2511 - Bill Texts

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Requires charges for telephone calls based on duration, whether over lines or by cellular, to be charged and prorated by the second; applies to all service providers; authorizes the public service commission to promulgate rules and regulations.

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BILL NUMBER:S2511

TITLE OF BILL:
An act
to amend the public service law, in relation to charges for telephone
service on a by the second basis

SUMMARY OF SPECIFIC PROVISIONS:
Amends subdivision 1 of section 91 of the public service law.

JUSTIFICATION:
In this day of computer automated phone systems, there is no
identifiable reason why phone companies cannot charge their customers by
the second instead of by the minute.

Many smaller long-distance companies already provide this service.
However, the biggest long-distance companies do not. A phone call for
one minute and ten seconds should be charged as that, and not as two
minutes. Phone companies reap huge profits from this billing system and
are reluctant to change the way they do business. The consequence of
this is that New York phone customers are overcharged every time they
make a long-distance call.

This legislation will force these companies to charge by the second,
rather than by the minute, here in New York State.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided that 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.

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

                                  2511

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by Sen. GIANARIS -- 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 charges for tele-
  phone 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. 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 telephone corporation shall
furnish and provide with respect to its business such  instrumentalities
and facilities as shall be adequate and in all respects just and reason-
able. All charges made or demanded by any telegraph corporation or tele-
phone  corporation  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. EVERY CHARGE FOR TELECOM-
MUNICATIONS SERVICE, WHETHER BY MEANS OF A TELEPHONE LINE OR BY MEANS OF
CELLULAR RADIO 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 2. The section heading of section 92-c of the public service law, as
added by chapter 697 of the laws of 1990, is amended, subdivision  1  is
amended  by adding a new paragraph (c) and a new subdivision 12 is added
to read as follows:
  Customer service  requirements  for  AGGREGATORS,  alternate  operator
service providers and COCOT service providers.
  (C) THE TERM "AGGREGATOR" MEANS ANY HOTEL, MOTEL, INNKEEPER, SCHOOL OR
HOSPITAL  WHICH IS NOT A TELEGRAPH CORPORATION OR TELEPHONE CORPORATION,
WHICH, IN THE ORDINARY COURSE OF BUSINESS, MAKES  AVAILABLE  FOR  PUBLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05775-01-1

S. 2511                             2

USE  TELEPHONES OR TELEPHONE EQUIPMENT. SUCH TERM SHALL ALSO INCLUDE ANY
HOTEL, MOTEL, INNKEEPER, SCHOOL OR HOSPITAL WHICH IMPOSES ANY CHARGE  OR
RECEIVES  ANY  COMPENSATION  BY  CONTRACT, TARIFF OR OTHERWISE FOR CALLS
MADE FROM A TELEPHONE PROVIDED IN A GUEST ROOM, DORMITORY, HOSPITAL ROOM
OR OTHER PREMISES UNDER THE CONTROL OF SUCH ENTITY TO AN ALTERNATE OPER-
ATOR  SERVICE PROVIDER.  THE TERM AGGREGATOR ALSO INCLUDES ANY UNIVERSI-
TY, PROVIDED, THAT INCLUSION IN SUCH DEFINITION SHALL IN NO  WAY  AFFECT
THE  TAX-EXEMPT  OR  ANY  OTHER  STATUS OF ANY SUCH UNIVERSITY UNDER THE
EDUCATION LAW, TAX LAW OR NOT-FOR-PROFIT CORPORATION LAW, OR  ANY  OTHER
PROVISION OF LAW, RULE OR REGULATION RELATING THERETO.
  12. EVERY CHARGE FOR TELECOMMUNICATIONS SERVICE BY AN ALTERNATE OPERA-
TOR  SERVICE  PROVIDER, COCOT SERVICE PROVIDER OR AGGREGATOR, WHETHER BY
MEANS OF A TELEPHONE LINE OR BY MEANS OF CELLULAR  RADIO  COMMUNICATION,
MADE  ON THE BASIS OF THE DURATION OF THE COMMUNICATION SHALL BE CHARGED
AND PRORATED BY THE SECOND.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that 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.

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