Senate Bill S5769

2011-2012 Legislative Session

Eliminates state regulation of voice over internet protocol service

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2011-S5769 (ACTIVE) - Details

See Assembly Version of this Bill:
A8459
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Service Law
Laws Affected:
Amd ยงยง2, 5 & 90, Pub Serv L
Versions Introduced in 2013-2014 Legislative Session:
S1341

2011-S5769 (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.

2011-S5769 (ACTIVE) - Sponsor Memo

2011-S5769 (ACTIVE) - Bill Text download pdf

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

                                  5769

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 15, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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 FROM OR TERMINATE
TO THE USER'S LOCATION USING INTERNET PROTOCOL 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  2.  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 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 AFFECT THE AUTHORITY OF THE STATE OR  ITS  AGEN-
CIES  TO  ENFORCE  SUCH REQUIREMENTS AS ARE OTHERWISE EXPRESSLY PROVIDED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13156-01-1
              

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