S T A T E O F N E W Y O R K
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5753
2011-2012 Regular Sessions
I N A S S E M B L Y
February 28, 2011
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Introduced by M. of A. BRENNAN -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
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 ELEVEN.
PROVIDED, FURTHER, THAT NOTHING IN THIS PARAGRAPH SHALL AFFECT THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09592-01-1
A. 5753 2
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 ELEVEN.
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 APPLI-
CATION OR ENFORCEMENT OF OTHER STATUTES OR REGULATIONS THAT APPLY GENER-
ALLY 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.