Senate Bill S5590A

2011-2012 Legislative Session

Relates to regulation of telecommunications and cable services

download bill text pdf

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to energy and telecommunications
Nov 16, 2011	print number 5590a
Nov 16, 2011	amend and recommit to energy and telecommunications
Jun 03, 2011	referred to energy and telecommunications

Bill Amendments

2011-S5590 - Details

See Assembly Version of this Bill:: A8229
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§5, 2 & 90, add §92-g, Pub Serv L

2011-S5590 - Summary

Relates to implementing a new framework for the regulation of telecommunications and cable services.

2011-S5590 - Sponsor Memo

                                BILL NUMBER:S5590

TITLE OF BILL:
An act
to amend the public service law, in relation to implementing a new
framework for the regulation of telecommunications and cable services

PURPOSE OR GENERAL IDEA OF BILL:
This legislation is intended to modernize the state's regulatory
framework for telephone corporations; to improve the business
environment for companies providing voice services; to encourage
innovation and competition this industry; and to grow jobs and
attract investment in these industries to improve the state's economy.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 entitles this measure the "Telecommunications Modernization
Act of 2011."

Section 2 adds three new paragraphs to Public Service Law § 5 that are
intended to streamline the regulatory oversight of telephone
corporations serving customers where there is competition between two
or more voice services providers for those customers. This section
would define the new authority of the Public Service Commission in
geographic areas of the state where a minimum of two services
providers compete. In areas where no competition exists, providers
would follow existing PSL.

Section 3 amends Public Service Law § 2 to define "Voice over Internet
Protocol Services" and "Internet Protocol-Enabled Services" and
precludes their regulation by the Public Service Commission, except
for limited exceptions such as 911 services and Relay Services, Also
provides that such services shall be covered by state consumer
protection laws.

The telecommunications sector has been battered in recent years, with
tens of thousands of jobs lost. VoIP is this sector's best hope to
reestablish growth, No other trend within the industry can attract
the venture capital needed to establish VoIP as a mass-market
product. This venture capital will fund the investment, development,
and roll-out of new services that are all pre-conditions for job
creation-- but only if New York State affirms now that it will not
tie this promising technology down with regulations designed for oth-
er technologies. Providers believe that if regulators try to extend
existing policies to this new technology, the climate for investment
and development will be greatly chilled.

VoIP services further a number of state policy goals including:
increasing broadband adoption, spurring investment in the
telecommunications sector, and bolstering the state's
competitiveness. VoIP services drive broadband adoption since high
speed Internet access is a prerequisite for using the service.

Finally, various states are ahead of New York in the deployment of new
technologies, job creation and economic investment by exempting VoIP
from state regulation. District of Columbia and 16 states have done


just that: AL, DE, FL, GA, IL, IN, KY, MA, MD, MO, NJ, OH, PA, RI,
TN, and VA.

Section 6 adds a new Public Service Law § 92-g, would eliminate the
requirement that telephone companies whom are certified
telecommunications providers file tariffs for their services with the
Public Service Commission. Today, a small number of the providers in
the marketplace file and maintain tariffs with the PSC which describe
an individual service offering and the rates its charges for such an
offering. These tariff requirements are a vestige of the monopoly era
of telecommunications when the PSC was charged with overseeing and
regulating monopoly providers. Today the marketplace is fully open to
competition and most of the providers in the market, including the
largest providers, are not required to file or maintain tariffs.
These other providers instead have an agreement between themselves
and their customer.

Today, as a matter of good service, traditional telephone providers
communicate the parameters of the services their customers choose by
means of scripts, welcome packages, bills, and other collateral. This
information is more accessible to customers than tariffs, and more
similar to the materials provided by our competitors, thus better
facilitating competitive comparison. Drafting, filing, and
maintaining tariff databases is an additional layer of communication,
not typically relied on by customers, and constituting an
administrative burden for certain companies.

Section 7 provides for an immediate effective date.

JUSTIFICATION:
This legislation is intended to promote competition, innovation,
investment and consumer value in New York State's telecommunications
industry.

Sound public policy favors allowing a robust and competitive market to
determine pricing and other terms and conditions of service. Under
current law, different providers of telecommunications services are
subject to differential regulation by the Public Service Commission.
This offers a competitive advantage that is not based on superior
price, quality, or reputation, but simply on differential
governmental choices.

Such regulatory asymmetries are inimical to true competition, which
demands a level playing field. They also undermine the benefits of
competition, which include enhanced efficiency, innovation, and
increased consumer satisfaction.

Fair and robust competition in the provision of telecommunications
services will result in more telephone, video and Internet choices
for the state's consumers.

This legislation is necessary because the Public Service Law does not
adequately reflect the current realities of the market for the
services provided by regulated telephone corporations and cable
operators. Unnecessary regulation increases the costs of doing
business in the State, restraining capital deployment and inhibiting
investment.


Modernizing New York State's telecommunications regulatory structure
by adopting a uniform framework will promote additional investment in
telecommunications infrastructure by existing and new providers. The
changes effected by this legislation will serve as an incentives for
investment and increased employment in the State, supporting the
State's economy and making the State more competitive with other
states.

LEGISLATIVE HISTORY:
None. This is new legislation.

FISCAL IMPLICATIONS:

EFFECTIVE DATE:
Immediately upon becoming law.

2011-S5590 - Bill Text download pdf

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

                                  5590

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 3, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 implementing a
  new framework for  the  regulation  of  telecommunications  and  cable
  services

  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 "Telecommunications modernization act of 2011".
  S 2. Section 5 of the public service law is amended by adding four new
subdivisions 7, 8, 9 and 10 to read as follows:
  7.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, NO PROVISION OF THIS
CHAPTER, AND NO REGULATION, ORDER OR SETTLEMENT ADOPTED PURSUANT TO THIS
CHAPTER, SHALL APPLY TO ANY TELEPHONE CORPORATION IN ANY WIRE CENTER  IN
WHICH THE CORPORATION CERTIFIES TO THE COMMISSION THERE ARE AT LEAST TWO
PROVIDERS  OFFERING VOICE SERVICES TO RETAIL RESIDENTIAL CUSTOMERS USING
ANY TECHNOLOGY, INCLUDING BUT NOT LIMITED  TO  PROVIDERS  OF  COMMERCIAL
MOBILE  SERVICES AS DEFINED IN 47 U.S.C. S 332(D) AND PROVIDERS OF VOICE
OVER INTERNET PROTOCOL SERVICE; PROVIDED, HOWEVER, THAT NOTHING IN  THIS
SECTION  SHALL BE INTERPRETED TO GRANT THE COMMISSION ANY AUTHORITY THAT
IT DID NOT HAVE PRIOR TO THE EFFECTIVE DATE  OF  THIS  SUBDIVISION;  AND
PROVIDED FURTHER THAT NOTHING IN THIS SECTION AFFECTS THE APPLICABILITY,
IMPLEMENTATION, OR ENFORCEMENT IN SUCH AREAS OF:
  (A)  THE  RIGHTS OR OBLIGATIONS OF ANY CABLE TELEVISION COMPANIES WITH
RESPECT TO THEIR OPERATION OF ANY CABLE TELEVISION SYSTEM UNDER  ARTICLE
ELEVEN OF THIS CHAPTER;
  (B) ANY DUTIES IMPOSED UPON THE COMMISSION BY THE FEDERAL LAW;
  (C)  ANY ENTITY'S RIGHTS, DUTIES OR OBLIGATIONS UNDER 47 U.S.C. SS 251
AND 252;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11933-01-1

S. 5590                             2

  (D) REQUIREMENTS RELATING TO THE LEVEL OF INTRASTATE  SWITCHED  ACCESS
RATES CHARGED BY A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY;
  (E) REQUIREMENTS RELATED TO TELEPHONE RELAY SERVICE OR EMERGENCY CALL-
ING (911/E911) SERVICE;
  (F)  REQUIREMENTS  RELATED TO CHANGES IN A CUSTOMER'S SERVICE PROVIDER
WITHOUT THE CUSTOMER'S CONSENT;
  (G) REQUIREMENTS RELATED TO TELEPHONE RELAY SERVICE;
  (H) REQUIREMENTS RELATED TO THE OFFERING  OF  LIFELINE  SERVICE  AT  A
DISCOUNT,  PROVIDED  FURTHER  THAT ANY TECHNOLOGY MAY BE USED TO SATISFY
LIFELINE OBLIGATIONS WITHOUT OTHERWISE SUBJECTING LIFELINE  SERVICES  TO
ANY  GREATER  REGULATION  THAN NON-LIFELINE SERVICES PROVIDED USING THAT
TECHNOLOGY;
  (I) CONSUMER PROTECTION AND UNFAIR OR DECEPTIVE TRADE  PRACTICES  LAWS
THAT APPLY GENERALLY TO THE CONDUCT OF BUSINESS IN THE STATE; OR
  (J)  THE  CORPORATION'S  STATUS  AND RIGHTS AS A TELEPHONE CORPORATION
UNDER THE TRANSPORTATION CORPORATIONS LAW.
  8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO  PROVISION  OF  THIS
CHAPTER, AND NO REGULATION, ORDER OR SETTLEMENT ADOPTED PURSUANT TO THIS
CHAPTER, SHALL APPLY TO ANY TELEPHONE CORPORATION IN ANY WIRE CENTER NOT
COVERED  BY  SUBDIVISION  SEVEN OF THIS SECTION; PROVIDED, HOWEVER, THAT
NOTHING IN THIS SECTION SHALL BE INTERPRETED TO GRANT THE COMMISSION ANY
AUTHORITY THAT IT DID NOT HAVE PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
SUBDIVISION;  AND  PROVIDED FURTHER THAT NOTHING IN THIS SECTION AFFECTS
THE APPLICABILITY, IMPLEMENTATION, OR ENFORCEMENT IN SUCH AREAS OF:
  (A)  THE  RIGHTS,  OBLIGATIONS,  DUTIES,  AND  REQUIREMENTS  THAT  ARE
REFERRED  TO  IN PARAGRAPHS (A) THROUGH (J) OF SUBDIVISION SEVEN OF THIS
SECTION; OR
  (B) ANY REQUIREMENT THAT THE CORPORATION PROVIDE A STAND ALONE  OFFER-
ING  OF  A BASIC LOCAL EXCHANGE ACCESS LINE PLUS LOCAL USAGE TO RESIDEN-
TIAL CUSTOMERS IN THE WIRE CENTER ON REASONABLE TERMS AND CONDITIONS.
  9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  COMMISSION  SHALL
HAVE  NO  AUTHORITY  OVER  ANY SERVICE, CLASS OF SERVICES, OR TECHNOLOGY
OFFERED OR USED BY A TELEPHONE CORPORATION AS DEFINED IN SECTION TWO  OF
THIS ARTICLE, OR BY A CABLE TELEVISION COMPANY UNDER SECTION TWO HUNDRED
TWELVE  OF THIS CHAPTER, OR ANY OTHER PROVIDER OF VOICE COMMUNICATION OR
VIDEO PROGRAMMING DISTRIBUTION SERVICES, THAT IT DID NOT ACTIVELY  REGU-
LATE AS OF JANUARY FIRST, TWO THOUSAND ELEVEN. THE COMMISSION SHALL HAVE
NO  AUTHORITY  TO  PROHIBIT,  REQUIRE  OR  OTHERWISE DIRECT ANY ENTITY'S
CHOICE OF TECHNOLOGY FOR ANY PURPOSE.
  10. THE COMMISSION SHALL HAVE NO AUTHORITY TO  REQUIRE  ANY  TELEPHONE
CORPORATION  TO  USE,  OR  TO  PROHIBIT SUCH CORPORATION FROM USING, ANY
PARTICULAR TRANSPORT, DISTRIBUTION, SWITCHING, OR OTHER  TECHNOLOGY  FOR
THE  PROVISION  OF  ITS  SERVICES.  THE SELECTION OF APPROPRIATE NETWORK
TECHNOLOGIES SHALL LIE SOLELY WITHIN THE  DISCRETION  OF  THE  TELEPHONE
CORPORATION.
  S  3. Section 2 of the public service law is amended by adding two new
subdivisions 19-a and 19-b to read as follows:
  19-A. THE  TERM  "VOICE  OVER  INTERNET  PROTOCOL  SERVICE"  OR  "VOIP
SERVICE"  WHEN  USED IN THIS CHAPTER MEANS ANY SERVICE THAT: (A) ENABLES
REAL-TIME TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE FROM OR  TERMINATE
TO THE USER'S LOCATION IN INTERNET PROTOCOL (IP) OR ANY SUCCESSOR PROTO-
COL;  (B)  USES A BROADBAND CONNECTION FROM THE USER'S LOCATION; AND (C)
PERMITS USERS GENERALLY TO RECEIVE CALLS THAT ORIGINATE  ON  THE  PUBLIC
SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED
TELEPHONE NETWORK.

S. 5590                             3

  19-B.  THE  TERM  "INTERNET  PROTOCOL-ENABLED  SERVICE" OR "IP-ENABLED
SERVICE" WHEN USED IN THIS CHAPTER MEANS,  EXCEPT  AS  PROVIDED  IN  THE
DEFINITION  OF  "VOICE-OVER-INTERNET  PROTOCOL  SERVICE"  IN SUBDIVISION
NINETEEN-A OF THIS SECTION ANY SERVICE,  CAPABILITY,  FUNCTIONALITY,  OR
APPLICATION  PROVIDED  USING  INTERNET  PROTOCOL  (IP), OR ANY SUCCESSOR
PROTOCOL, THAT ENABLES AN END USER TO SEND OR RECEIVE A COMMUNICATION IN
IP FORMAT, OR ANY SUCCESSOR FORMAT, REGARDLESS OF WHETHER  THE  COMMUNI-
CATION IS VOICE, DATA OR VIDEO.
  S  4.  Paragraph d 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:
  d. To every telephone line which lies wholly within the state and that
part  within  the  state  of New York of every telephone line which lies
partly within and partly without the state and to the persons or  corpo-
rations  owning, leasing or operating any such telephone line.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS-
SION, THE DEPARTMENT, 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 PROTO-
COL SERVICE OR IP-ENABLED SERVICE. PROVIDED, HOWEVER,  THAT  NOTHING  IN
THIS SECTION SHALL BE CONSTRUED TO DIVEST THE COMMISSION OF ITS AUTHORI-
TY  WITH RESPECT TO THE RATES, TERMS OR CONDITIONS OF ANY LOCAL EXCHANGE
TELEPHONE SERVICE OVER WHICH THE COMMISSION EXERCISED ITS LAWFUL  JURIS-
DICTION  PRIOR TO JANUARY FIRST, TWO THOUSAND ELEVEN. PROVIDED, FURTHER,
THAT NOTHING IN THIS SECTION 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  911  FACILITIES,  THE  COLLECTION OF ENHANCED 911 FEES, TELECOMMUNI-
CATIONS RELAY SERVICE FEES, OR FEDERAL UNIVERSAL SERVICE  FUND  FEES  ON
VOICE  OVER  INTERNET PROTOCOL SERVICES THAT MAY BE DETERMINED TO APPLY,
OR BE CONSTRUED TO (A) MODIFY  OR  AFFECT  THE  RIGHTS,  OBLIGATIONS  OR
AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT, TO
ACT  PURSUANT  TO, OR ENFORCE THE PROVISIONS OF 47 U.S.C. 251, 47 U.S.C.
252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGULATION OR  ORDER
RELATED  TO  WHOLESALE  RIGHTS,  DUTIES  AND  OBLIGATIONS, INCLUDING THE
RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS TO  INTERCON-
NECT  AND  EXCHANGE VOICE TRAFFIC; (B) MODIFY OR AFFECT THE AUTHORITY OF
THE DEPARTMENT TO IMPLEMENT, CARRY OUT,  AND  ENFORCE  SUCH  PROVISIONS,
RIGHTS, DUTIES, OBLIGATIONS OR TARIFF THROUGH ARBITRATION PROCEEDINGS OR
OTHER  AVAILABLE MECHANISMS AND PROCEDURES; OR (C) AFFECT THE PAYMENT OF
SWITCHED NETWORK ACCESS RATES OR OTHER INTERCARRIER COMPENSATION  RATES,
AS  APPLICABLE. NOTHING HEREIN SHALL BE CONSTRUED TO AFFECT THE APPLICA-
TION OR ENFORCEMENT OF OTHER STATUES 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.
NOTHING IN THIS SECTION SHALL AFFECT THE  AUTHORITY  OF  THE  COMMISSION
OVER  CABLE  TELEVISION  COMPANIES  OR  ANY OTHER ENTITY THAT OPERATES A
CABLE TELEVISION SYSTEM PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER.
  S 5. 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, NOR ANY OTHER DEPARTMENT OR AGENCY OF THIS
STATE, OR ANY POLITICAL SUBDIVISION THEREOF,  SHALL  HAVE  AUTHORITY  TO

S. 5590                             4

REGULATE THE ENTRY, RATES OR OTHER TERMS OF SERVICE OF VOICE OVER INTER-
NET  PROTOCOL  SERVICE  OR  IP-ENABLED  SERVICE. PROVIDED, HOWEVER, THAT
NOTHING IN THIS SECTION 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  ELEVEN.
PROVIDED FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION 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 911 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 BE CONSTRUED TO (A) MODIFY OR AFFECT THE RIGHTS,
OBLIGATIONS OR AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE
DEPARTMENT,  TO  ACT PURSUANT TO, OR ENFORCE THE PROVISIONS OF 47 U.S.C.
251, 47 U.S.C. 252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGU-
LATION OR ORDER RELATED TO WHOLESALE  RIGHTS,  DUTIES  AND  OBLIGATIONS,
INCLUDING THE RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS
TO  INTERCONNECT  AND  EXCHANGE  VOICE TRAFFIC; (B) MODIFY OR AFFECT THE
AUTHORITY OF THE DEPARTMENT TO IMPLEMENT, CARRY OUT,  AND  ENFORCE  SUCH
PROVISIONS,  RIGHTS,  DUTIES,  OBLIGATIONS OR TARIFF THROUGH ARBITRATION
PROCEEDINGS OR OTHER AVAILABLE MECHANISMS AND PROCEDURES; OR (C)  AFFECT
THE  PAYMENT  OF  SWITCHED  NETWORK  ACCESS  RATES OR OTHER INTERCARRIER
COMPENSATION RATES, AS APPLICABLE. 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. NOTHING IN THIS SECTION SHALL AFFECT THE AUTHORI-
TY OF THE COMMISSION OVER CABLE TELEVISION COMPANIES OR ANY OTHER ENTITY
THAT OPERATES A CABLE TELEVISION SYSTEM PURSUANT TO  ARTICLE  ELEVEN  OF
THIS CHAPTER.
  S 6. The public service law is amended by adding a new section 92-g to
read as follows:
  S  92-G. DE-TARIFFING OF RETAIL SERVICES. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS CHAPTER, OR ANY REGULATION  OR  ORDER  ISSUED  BY  THE
COMMISSION  PURSUANT TO THIS CHAPTER, ON AND AFTER THE EFFECTIVE DATE OF
THIS SECTION,  NO  TELEPHONE  CORPORATION  SHALL  BE  REQUIRED  TO:  (A)
PREPARE,  MAINTAIN,  ISSUE,  OR  FILE  WITH THE COMMISSION ANY TARIFF OR
SCHEDULE, OR STATEMENT OR DESCRIPTION OF ANY KIND, OF THE RATES OR OTHER
TERMS AND CONDITIONS OF ANY OF  ITS  RETAIL  SERVICES;  OR  (B)  PROVIDE
NOTICE  TO  OR OBTAIN APPROVAL FROM THE COMMISSION FOR ANY OFFERING OF A
RETAIL SERVICE, ANY DISCONTINUATION OF SUCH AN OFFERING, OR  ANY  CHANGE
IN  THE  TERMS  OR  CONDITIONS APPLICABLE TO SUCH AN OFFERING, INCLUDING
PRICE.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, OR  ANY  REGU-
LATION  OR  ORDER  ISSUED BY THE COMMISSION PURSUANT TO THIS CHAPTER, ON
AND AFTER THE EFFECTIVE DATE OF THIS SECTION THE COMMISSION  SHALL  HAVE
NO  JURISDICTION TO IMPOSE REQUIREMENTS ON TELEPHONE CORPORATIONS RELAT-
ING TO THE TERMS AND CONDITIONS, INCLUDING  PRICE,  ON  WHICH  THEY  MAY
OFFER RETAIL SERVICES.
  3.  ANY  TARIFF  OR  SCHEDULE FOR RETAIL SERVICES FILED BY A TELEPHONE
CORPORATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY BE WITHDRAWN
AT ANY TIME AFTER SUCH DATE UPON TEN DAYS' NOTICE TO THE COMMISSION, BUT
SHALL REMAIN IN EFFECT UNTIL SUCH WITHDRAWAL.
  S 7. This act shall take effect immediately.

2011-S5590A (ACTIVE) - Details

See Assembly Version of this Bill:: A8229
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§5, 2 & 90, add §92-g, Pub Serv L

2011-S5590A (ACTIVE) - Summary

Relates to implementing a new framework for the regulation of telecommunications and cable services.

2011-S5590A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5590A

TITLE OF BILL:
An act
to amend the public service law, in relation to implementing a new
framework for the regulation of telecommunications and cable services

PURPOSE OR GENERAL IDEA OF BILL:
This legislation is intended to modernize the state's regulatory
framework for telephone corporations; to improve the business
environment for companies providing voice services; to encourage
innovation and competition this industry; and to grow jobs and
attract investment in these industries to improve the state's economy.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 entitles this measure the "Telecommunications
Modernization Act of 2012."

Section 2 adds three new paragraphs to Public Service Law § 5 that
are intended to streamline the regulatory oversight of telephone
corporations serving customers where there is competition between two
or more voice services providers for those customers. This section
would define the new authority of the Public Service Commission in
geographic areas of the state where a minimum of two services
providers compete. In areas where no competition exists, providers
would follow existing PSL.

Section 3 amends Public Service Law § 2 to define "voice over
Internet protocol Services" and "Internet protocol-Enabled Services"
and precludes their regulation by the public Service Commission,
except for limited exceptions such as 911 services and Relay
Services, Also provides that such services shall be covered by state
consumer protection laws.

The telecommunications sector has been battered in recent years, with
tens of thousands of jobs lost. VoIP is this sector's best hope to
reestablish growth, No other trend within the industry can attract
the venture capital needed to establish VoIP as a mass-market
product. This venture capital will fund the investment,
development, and roll-out of new services that are all pre-conditions
for job creation-- but only if New York State affirms now that it
will not tie this promising technology down with regulations designed
for other technologies. Providers believe that if regulators try to
extend existing policies to this new technology, the climate for
investment and development will be greatly chilled.

VoIP services further a number of state policy goals including:
increasing broadband adoption, spurring investment in the
telecommunications sector, and bolstering the state's
competitiveness. VoIP services drive broadband adoption since high
speed Internet access is a prerequisite for using the service.

Finally, various states are ahead of New York in the deployment of new
technologies, job creation and economic investment by exempting VoIP
from state regulation. District of Columbia and 16 states have done


just that: AL, DE, FL, GA, IL, IN, KY, MA, MD, MO, NJ, OH, PA, RI,
TN, and VA.

Section 6 adds a new Public Service Law § 92-g, would eliminate the
requirement that telephone companies whom are certified
telecommunications providers file tariffs for their services with the
Public Service Commission. Today, a small number of the providers in
the marketplace file and maintain tariffs with the PSC which describe
an individual service offering and the rates its charges for such an
offering. These tariff requirements are a vestige of the monopoly era
of telecommunications when the PSC was charged with overseeing and
regulating monopoly providers. Today the marketplace is fully open
to competition and most of the providers in the market, including the
largest providers, are not required to file or maintain tariffs.
These other providers instead have an agreement between themselves
and their customer.

Today, as a matter of good service, traditional telephone providers
communicate the parameters of the services their customers choose by
means of scripts, welcome packages, bills, and other collateral. This
information is more accessible to customers than tariffs, and more
similar to the materials provided by our competitors, thus better
facilitating competitive comparison. Drafting, filing, and
maintaining tariff databases is an additional layer of communication,
not typically relied on by customers, and constituting an
administrative burden for certain companies.

Section 7 provides for an immediate effective date.

JUSTIFICATION:
This legislation is intended to promote competition, innovation,
investment and consumer value in New York State's telecommunications
industry.

Sound public policy favors allowing a robust and competitive market to
determine pricing and other terms and conditions of service. Under
current law, different providers of telecommunications services are
subject to differential regulation by the Public Service Commission.
This offers a competitive advantage that is not based on superior
price, quality, or reputation, but simply on differential
governmental choices.

Such regulatory asymmetries are inimical to true competition, which
demands a level playing field. They also undermine the benefits of
competition, which include enhanced efficiency, innovation, and
increased consumer satisfaction.

Fair and robust competition in the provision of telecommunications
services will result in more telephone, video and Internet choices for
the state's consumers.

This legislation is necessary because the Public Service Law does not
adequately reflect the current realities of the market for the
services provided by regulated telephone corporations and cable
operators. Unnecessary regulation increases the costs of doing
business in the State, restraining capital deployment and inhibiting
investment.


Modernizing New York State's telecommunications regulatory structure
by adopting a uniform framework will promote additional investment in
telecommunications infrastructure by existing and new providers. The
changes effected by this legislation will serve as an incentives for
investment and increased employment in the State, supporting the
State's economy and making the State more competitive with other
states.

LEGISLATIVE HISTORY:
None. This is new legislation.

FISCAL IMPLICATIONS:

EFFECTIVE DATE:
Immediately upon becoming law.

2011-S5590A (ACTIVE) - Bill Text download pdf

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

                                 5590--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 3, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public service law, in relation  to  implementing  a
  new  framework  for  the  regulation  of  telecommunications and cable
  services

  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 "Telecommunications modernization act of 2012".
  S 2. Section 5 of the public service law is amended by adding four new
subdivisions 7, 8, 9 and 10 to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO  PROVISION  OF  THIS
CHAPTER, AND NO REGULATION, ORDER OR SETTLEMENT ADOPTED PURSUANT TO THIS
CHAPTER,  SHALL APPLY TO ANY TELEPHONE CORPORATION IN ANY WIRE CENTER IN
WHICH THE CORPORATION CERTIFIES TO THE COMMISSION THERE ARE AT LEAST TWO
PROVIDERS OFFERING VOICE SERVICES TO RETAIL RESIDENTIAL CUSTOMERS  USING
ANY  TECHNOLOGY,  INCLUDING  BUT  NOT LIMITED TO PROVIDERS OF COMMERCIAL
MOBILE SERVICES AS DEFINED IN 47 U.S.C. S 332(D) AND PROVIDERS OF  VOICE
OVER  INTERNET PROTOCOL SERVICE; PROVIDED, HOWEVER, THAT NOTHING IN THIS
SECTION SHALL BE INTERPRETED TO GRANT THE COMMISSION ANY AUTHORITY  THAT
IT  DID  NOT  HAVE  PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION; AND
PROVIDED FURTHER THAT NOTHING IN THIS SECTION AFFECTS THE APPLICABILITY,
IMPLEMENTATION, OR ENFORCEMENT IN SUCH AREAS OF:
  (A) THE RIGHTS OR OBLIGATIONS OF ANY CABLE TELEVISION  COMPANIES  WITH
RESPECT  TO THEIR OPERATION OF ANY CABLE TELEVISION SYSTEM UNDER ARTICLE
ELEVEN OF THIS CHAPTER;
  (B) ANY DUTIES IMPOSED UPON THE COMMISSION BY THE FEDERAL LAW;
  (C) ANY ENTITY'S RIGHTS, DUTIES OR OBLIGATIONS UNDER 47 U.S.C. SS  251
AND 252;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11933-02-1

S. 5590--A                          2

  (D)  REQUIREMENTS  RELATING TO THE LEVEL OF INTRASTATE SWITCHED ACCESS
RATES CHARGED BY A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY;
  (E) REQUIREMENTS RELATED TO TELEPHONE RELAY SERVICE OR EMERGENCY CALL-
ING (911/E911) SERVICE;
  (F)  REQUIREMENTS  RELATED TO CHANGES IN A CUSTOMER'S SERVICE PROVIDER
WITHOUT THE CUSTOMER'S CONSENT;
  (G) REQUIREMENTS RELATED TO TELEPHONE RELAY SERVICE;
  (H) REQUIREMENTS RELATED TO THE OFFERING  OF  LIFELINE  SERVICE  AT  A
DISCOUNT,  PROVIDED  FURTHER  THAT ANY TECHNOLOGY MAY BE USED TO SATISFY
LIFELINE OBLIGATIONS WITHOUT OTHERWISE SUBJECTING LIFELINE  SERVICES  TO
ANY  GREATER  REGULATION  THAN NON-LIFELINE SERVICES PROVIDED USING THAT
TECHNOLOGY;
  (I) CONSUMER PROTECTION AND UNFAIR OR DECEPTIVE TRADE  PRACTICES  LAWS
THAT APPLY GENERALLY TO THE CONDUCT OF BUSINESS IN THE STATE; OR
  (J)  THE  CORPORATION'S  STATUS  AND RIGHTS AS A TELEPHONE CORPORATION
UNDER THE TRANSPORTATION CORPORATIONS LAW.
  8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO  PROVISION  OF  THIS
CHAPTER, AND NO REGULATION, ORDER OR SETTLEMENT ADOPTED PURSUANT TO THIS
CHAPTER, SHALL APPLY TO ANY TELEPHONE CORPORATION IN ANY WIRE CENTER NOT
COVERED  BY  SUBDIVISION  SEVEN OF THIS SECTION; PROVIDED, HOWEVER, THAT
NOTHING IN THIS SECTION SHALL BE INTERPRETED TO GRANT THE COMMISSION ANY
AUTHORITY THAT IT DID NOT HAVE PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
SUBDIVISION;  AND  PROVIDED FURTHER THAT NOTHING IN THIS SECTION AFFECTS
THE APPLICABILITY, IMPLEMENTATION, OR ENFORCEMENT IN SUCH AREAS OF:
  (A)  THE  RIGHTS,  OBLIGATIONS,  DUTIES,  AND  REQUIREMENTS  THAT  ARE
REFERRED  TO  IN PARAGRAPHS (A) THROUGH (J) OF SUBDIVISION SEVEN OF THIS
SECTION; OR
  (B) ANY REQUIREMENT THAT THE CORPORATION PROVIDE A STAND ALONE  OFFER-
ING  OF  A BASIC LOCAL EXCHANGE ACCESS LINE PLUS LOCAL USAGE TO RESIDEN-
TIAL CUSTOMERS IN THE WIRE CENTER ON REASONABLE TERMS AND CONDITIONS.
  9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  COMMISSION  SHALL
HAVE  NO  AUTHORITY  OVER  ANY SERVICE, CLASS OF SERVICES, OR TECHNOLOGY
OFFERED OR USED BY A TELEPHONE CORPORATION AS DEFINED IN SECTION TWO  OF
THIS ARTICLE, OR BY A CABLE TELEVISION COMPANY UNDER SECTION TWO HUNDRED
TWELVE  OF THIS CHAPTER, OR ANY OTHER PROVIDER OF VOICE COMMUNICATION OR
VIDEO PROGRAMMING DISTRIBUTION SERVICES, THAT IT DID NOT ACTIVELY  REGU-
LATE AS OF JANUARY FIRST, TWO THOUSAND TWELVE. THE COMMISSION SHALL HAVE
NO  AUTHORITY  TO  PROHIBIT,  REQUIRE  OR  OTHERWISE DIRECT ANY ENTITY'S
CHOICE OF TECHNOLOGY FOR ANY PURPOSE.
  10. THE COMMISSION SHALL HAVE NO AUTHORITY TO  REQUIRE  ANY  TELEPHONE
CORPORATION  TO  USE,  OR  TO  PROHIBIT SUCH CORPORATION FROM USING, ANY
PARTICULAR TRANSPORT, DISTRIBUTION, SWITCHING, OR OTHER  TECHNOLOGY  FOR
THE  PROVISION  OF  ITS  SERVICES.  THE SELECTION OF APPROPRIATE NETWORK
TECHNOLOGIES SHALL LIE SOLELY WITHIN THE  DISCRETION  OF  THE  TELEPHONE
CORPORATION.
  S  3. Section 2 of the public service law is amended by adding two new
subdivisions 19-a and 19-b to read as follows:
  19-A. THE  TERM  "VOICE  OVER  INTERNET  PROTOCOL  SERVICE"  OR  "VOIP
SERVICE"  WHEN  USED IN THIS CHAPTER MEANS ANY SERVICE THAT: (A) ENABLES
REAL-TIME TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE FROM OR  TERMINATE
TO THE USER'S LOCATION IN INTERNET PROTOCOL (IP) OR ANY SUCCESSOR PROTO-
COL;  (B)  USES A BROADBAND CONNECTION FROM THE USER'S LOCATION; AND (C)
PERMITS USERS GENERALLY TO RECEIVE CALLS THAT ORIGINATE  ON  THE  PUBLIC
SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED
TELEPHONE NETWORK.

S. 5590--A                          3

  19-B.  THE  TERM  "INTERNET  PROTOCOL-ENABLED  SERVICE" OR "IP-ENABLED
SERVICE" WHEN USED IN THIS CHAPTER MEANS,  EXCEPT  AS  PROVIDED  IN  THE
DEFINITION  OF  "VOICE-OVER-INTERNET  PROTOCOL  SERVICE"  IN SUBDIVISION
NINETEEN-A OF THIS SECTION ANY SERVICE,  CAPABILITY,  FUNCTIONALITY,  OR
APPLICATION  PROVIDED  USING  INTERNET  PROTOCOL  (IP), OR ANY SUCCESSOR
PROTOCOL, THAT ENABLES AN END USER TO SEND OR RECEIVE A COMMUNICATION IN
IP FORMAT, OR ANY SUCCESSOR FORMAT, REGARDLESS OF WHETHER  THE  COMMUNI-
CATION IS VOICE, DATA OR VIDEO.
  S  4.  Paragraph d 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:
  d. To every telephone line which lies wholly within the state and that
part  within  the  state  of New York of every telephone line which lies
partly within and partly without the state and to the persons or  corpo-
rations  owning, leasing or operating any such telephone line.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS-
SION, THE DEPARTMENT, 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 PROTO-
COL SERVICE OR IP-ENABLED SERVICE. PROVIDED, HOWEVER,  THAT  NOTHING  IN
THIS SECTION SHALL BE CONSTRUED TO DIVEST THE COMMISSION OF ITS AUTHORI-
TY  WITH RESPECT TO THE RATES, TERMS OR CONDITIONS OF ANY LOCAL EXCHANGE
TELEPHONE SERVICE OVER WHICH THE COMMISSION EXERCISED ITS LAWFUL  JURIS-
DICTION  PRIOR TO JANUARY FIRST, TWO THOUSAND TWELVE. PROVIDED, FURTHER,
THAT NOTHING IN THIS SECTION 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  911  FACILITIES,  THE  COLLECTION OF ENHANCED 911 FEES, TELECOMMUNI-
CATIONS RELAY SERVICE FEES, OR FEDERAL UNIVERSAL SERVICE  FUND  FEES  ON
VOICE  OVER  INTERNET PROTOCOL SERVICES THAT MAY BE DETERMINED TO APPLY,
OR BE CONSTRUED TO (A) MODIFY  OR  AFFECT  THE  RIGHTS,  OBLIGATIONS  OR
AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT, TO
ACT  PURSUANT  TO, OR ENFORCE THE PROVISIONS OF 47 U.S.C. 251, 47 U.S.C.
252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGULATION OR  ORDER
RELATED  TO  WHOLESALE  RIGHTS,  DUTIES  AND  OBLIGATIONS, INCLUDING THE
RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS TO  INTERCON-
NECT  AND  EXCHANGE VOICE TRAFFIC; (B) MODIFY OR AFFECT THE AUTHORITY OF
THE DEPARTMENT TO IMPLEMENT, CARRY OUT,  AND  ENFORCE  SUCH  PROVISIONS,
RIGHTS, DUTIES, OBLIGATIONS OR TARIFF THROUGH ARBITRATION PROCEEDINGS OR
OTHER  AVAILABLE MECHANISMS AND PROCEDURES; OR (C) AFFECT THE PAYMENT OF
SWITCHED NETWORK ACCESS RATES OR OTHER INTERCARRIER COMPENSATION  RATES,
AS  APPLICABLE. NOTHING HEREIN SHALL BE CONSTRUED TO AFFECT THE APPLICA-
TION OR ENFORCEMENT OF OTHER STATUES 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.
NOTHING IN THIS SECTION SHALL AFFECT THE  AUTHORITY  OF  THE  COMMISSION
OVER  CABLE  TELEVISION  COMPANIES  OR  ANY OTHER ENTITY THAT OPERATES A
CABLE TELEVISION SYSTEM PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER.
  S 5. 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, NOR ANY OTHER DEPARTMENT OR AGENCY OF THIS
STATE, OR ANY POLITICAL SUBDIVISION THEREOF,  SHALL  HAVE  AUTHORITY  TO

S. 5590--A                          4

REGULATE THE ENTRY, RATES OR OTHER TERMS OF SERVICE OF VOICE OVER INTER-
NET  PROTOCOL  SERVICE  OR  IP-ENABLED  SERVICE. PROVIDED, HOWEVER, THAT
NOTHING IN THIS SECTION 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  TWELVE.
PROVIDED FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION 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 911 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 BE CONSTRUED TO (A) MODIFY OR AFFECT THE RIGHTS,
OBLIGATIONS OR AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE
DEPARTMENT,  TO  ACT PURSUANT TO, OR ENFORCE THE PROVISIONS OF 47 U.S.C.
251, 47 U.S.C. 252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGU-
LATION OR ORDER RELATED TO WHOLESALE  RIGHTS,  DUTIES  AND  OBLIGATIONS,
INCLUDING THE RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS
TO  INTERCONNECT  AND  EXCHANGE  VOICE TRAFFIC; (B) MODIFY OR AFFECT THE
AUTHORITY OF THE DEPARTMENT TO IMPLEMENT, CARRY OUT,  AND  ENFORCE  SUCH
PROVISIONS,  RIGHTS,  DUTIES,  OBLIGATIONS OR TARIFF THROUGH ARBITRATION
PROCEEDINGS OR OTHER AVAILABLE MECHANISMS AND PROCEDURES; OR (C)  AFFECT
THE  PAYMENT  OF  SWITCHED  NETWORK  ACCESS  RATES OR OTHER INTERCARRIER
COMPENSATION RATES, AS APPLICABLE. 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. NOTHING IN THIS SECTION SHALL AFFECT THE AUTHORI-
TY OF THE COMMISSION OVER CABLE TELEVISION COMPANIES OR ANY OTHER ENTITY
THAT OPERATES A CABLE TELEVISION SYSTEM PURSUANT TO  ARTICLE  ELEVEN  OF
THIS CHAPTER.
  S 6. The public service law is amended by adding a new section 92-g to
read as follows:
  S  92-G. DE-TARIFFING OF RETAIL SERVICES. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS CHAPTER, OR ANY REGULATION  OR  ORDER  ISSUED  BY  THE
COMMISSION  PURSUANT TO THIS CHAPTER, ON AND AFTER THE EFFECTIVE DATE OF
THIS SECTION,  NO  TELEPHONE  CORPORATION  SHALL  BE  REQUIRED  TO:  (A)
PREPARE,  MAINTAIN,  ISSUE,  OR  FILE  WITH THE COMMISSION ANY TARIFF OR
SCHEDULE, OR STATEMENT OR DESCRIPTION OF ANY KIND, OF THE RATES OR OTHER
TERMS AND CONDITIONS OF ANY OF  ITS  RETAIL  SERVICES;  OR  (B)  PROVIDE
NOTICE  TO  OR OBTAIN APPROVAL FROM THE COMMISSION FOR ANY OFFERING OF A
RETAIL SERVICE, ANY DISCONTINUATION OF SUCH AN OFFERING, OR  ANY  CHANGE
IN  THE  TERMS  OR  CONDITIONS APPLICABLE TO SUCH AN OFFERING, INCLUDING
PRICE.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, OR  ANY  REGU-
LATION  OR  ORDER  ISSUED BY THE COMMISSION PURSUANT TO THIS CHAPTER, ON
AND AFTER THE EFFECTIVE DATE OF THIS SECTION THE COMMISSION  SHALL  HAVE
NO  JURISDICTION TO IMPOSE REQUIREMENTS ON TELEPHONE CORPORATIONS RELAT-
ING TO THE TERMS AND CONDITIONS, INCLUDING  PRICE,  ON  WHICH  THEY  MAY
OFFER RETAIL SERVICES.
  3.  ANY  TARIFF  OR  SCHEDULE FOR RETAIL SERVICES FILED BY A TELEPHONE
CORPORATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY BE WITHDRAWN
AT ANY TIME AFTER SUCH DATE UPON TEN DAYS' NOTICE TO THE COMMISSION, BUT
SHALL REMAIN IN EFFECT UNTIL SUCH WITHDRAWAL.
  S 7. This act shall take effect immediately.

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Senate Bill S5590A

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

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Sponsored By

George D. Maziarz

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

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