Assembly Bill A1190A

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

                                 1190--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. CAHILL, ABINANTI, SCHIMEL, MONTESANO, BENEDETTO,
  RAIA, GOLDFEDER, JAFFEE, ROBINSON, MAGNARELLI, GUNTHER, COLTON, ROSEN-
  THAL, ROBERTS, SCARBOROUGH, ZEBROWSKI, CUSICK, ENGLEBRIGHT  --  Multi-
  Sponsored  by  --  M.  of A. ABBATE, ARROYO, BRINDISI, CRESPO, CROUCH,
  DINOWITZ, GALEF, GOTTFRIED, HEASTIE, JACOBS,  LAVINE,  MAGEE,  MARKEY,
  McDONOUGH,  MILLMAN, PERRY, RODRIGUEZ, SWEENEY, TENNEY, THIELE -- read
  once and referred to the Committee on  Corporations,  Authorities  and
  Commissions  -- recommitted to the Committee on Corporations, Authori-
  ties and Commissions in accordance with Assembly Rule  3,  sec.  2  --
  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 telecommunications and cable call centers

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

  Section 1. Section 65 of the public service law is amended by adding a
new subdivision 16 to read as follows:
  16. (A) EVERY TELECOMMUNICATION  CORPORATION  AND  THEIR  SUBSIDIARIES
FURNISHING  TRADITIONAL LANDLINE TELEPHONE SERVICE, FIBER OPTIC SERVICE,
VOICE OVER INTERNET PROTOCOL (VOIP), DATA CIRCUITS,  CABLE  OR  INTERNET
SERVICES SHALL PROVIDE CALL CENTER SERVICE ASSISTANCE INCLUDING, BUT NOT
LIMITED  TO  OPERATOR  SERVICES,  DIRECTORY  ASSISTANCE BUREAUS AND CALL
COMPLETION SERVICES FOR THE FOLLOWING:
  (1) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY;
  (2) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING
CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE NUMBERS, REVERSE NUMBER SEARCHES AND TAKING REQUESTS  FOR  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01114-03-4
              

A. 1190--A                          2

COMPLETING  THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER, AND
PROVIDING ASSISTANCE TO PAYPHONE CUSTOMERS;
  (3) DETERMINING DEPOSIT REQUIRED OR BILLING RATE;
  (4)  PREPARING  INSTALLATION  AND  REPAIR SERVICE ORDERS AND OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES;
  (5)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT AND COMMON PRACTICES;
  (6)  INVESTIGATING TROUBLE ORDER FORMS AND INITIATING HIGH BILL INVES-
TIGATIONS;
  (7) HANDLING PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH  AS  OBTAINING
DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS; AND
  (8) AIDING CUSTOMERS WITH INTERNAL ASSISTANCE PROGRAMS.
  (B)  NO  TELECOMMUNICATION  CORPORATION  SHALL  CLOSE A CALL CENTER OR
OTHER FACILITY PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN  PARAGRAPH
(A)  OF THIS SUBDIVISION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER
AREA OF THIS STATE OR OUTSIDE OF THIS STATE WITHOUT NOTICE  AND  HEARING
BEFORE  THE  COMMISSION.  HOWEVER,  AT NO TIME SHALL A TELECOMMUNICATION
CORPORATION PERMANENTLY TRANSFER MORE THAN .7 PERCENT OF JOBS  FROM  ANY
CALL  CENTER DESCRIBED ABOVE TO ANOTHER AREA OF THIS STATE OR OUTSIDE OF
THE STATE AND A VALID  COLLECTIVE  BARGAINING  AGREEMENT  OR  EMPLOYMENT
CONTRACT THAT GOVERNS PERMANENT TRANSFER PERCENTAGES OF CALL CENTER JOBS
SHALL SUPERSEDE THE .7 PERCENT JOB TRANSFER RATE DESCRIBED ABOVE.
  (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHEREBY
UTILITY  COMPANY  POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR
SIMILAR SERVICE COMPANIES OR WHERE THE ATTENDANCE OF CALL CENTER EMPLOY-
EES IS LESS THAN NINETY PERCENT IN ANY GIVEN MONTH, THIS  SECTION  SHALL
NOT  APPLY FOR THE FOLLOWING MONTH. ATTENDANCE FOR THIS SECTION SHALL BE
DEFINED WHEN AN EMPLOYEE IS EXPECTED TO REPORT TO WORK AS SCHEDULED.  IF
A COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT DEFINES ATTEND-
ANCE THEN THAT SHALL SUPERSEDE THE DEFINITION ABOVE. IF ATTENDANCE FALLS
BELOW  NINETY  PERCENT  AS  A DIRECT RESULT OF THE CORPORATION THEN THIS
SECTION SHALL APPLY.
  S 2. The general business law is amended by adding a new section 394-f
to read as follows:
  S 394-F. CABLE COMPANY CALL CENTERS. (A) EVERY CABLE  CORPORATION  AND
THEIR  SUBSIDIARIES  FURNISHING  TRADITIONAL LANDLINE TELEPHONE SERVICE,
FIBER OPTIC SERVICE, VOICE OVER INTERNET PROTOCOL (VOIP), DATA CIRCUITS,
CABLE OR INTERNET SERVICES SHALL PROVIDE CALL CENTER SERVICE  ASSISTANCE
INCLUDING,  BUT  NOT  LIMITED  TO OPERATOR SERVICES, DIRECTOR ASSISTANCE
BUREAUS AND CALL COMPLETION SERVICES FOR THE FOLLOWING:
  (1) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY;
  (2) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING
CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE NUMBERS, REVERSE NUMBER SEARCHES AND TAKING REQUESTS  FOR  AND
COMPLETING  THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER, AND
PROVIDING ASSISTANCE TO PAYPHONE CUSTOMERS;
  (3) DETERMINING DEPOSIT REQUIRED OR BILLING RATE;
  (4) PREPARING INSTALLATION AND REPAIR  SERVICE  ORDERS  AND  OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES;
  (5)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT AND COMMON PRACTICES;
  (6) INVESTIGATING TROUBLE ORDER FORMS AND INITIATING HIGH BILL  INVES-
TIGATIONS;

A. 1190--A                          3

  (7)  HANDLING  PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS OBTAINING
DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS; AND
  (8) AIDING CUSTOMERS WITH INTERNAL ASSISTANCE PROGRAMS.
  (B)  NO  CABLE CORPORATION SHALL CLOSE A CALL CENTER OR OTHER FACILITY
PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN SUBDIVISION (A)  OF  THIS
SECTION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF NEW YORK
STATE  OR  OUTSIDE  OF  THIS STATE WITHOUT NOTICE AND HEARING BEFORE THE
COMMISSION. HOWEVER, AT NO TIME SHALL A  CABLE  CORPORATION  PERMANENTLY
TRANSFER  MORE  THAN  .7  PERCENT OF JOBS FROM ANY CALL CENTER DESCRIBED
ABOVE TO ANOTHER AREA OF THIS STATE OR OUTSIDE OF THE STATE AND A  VALID
COLLECTIVE  BARGAINING  AGREEMENT  OR  EMPLOYMENT  CONTRACT THAT GOVERNS
PERMANENT TRANSFER PERCENTAGES OF CALL CENTER JOBS SHALL  SUPERSEDE  THE
.7 PERCENT JOB TRANSFER RATE DESCRIBED ABOVE.
  (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHEREBY
UTILITY  COMPANY  POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR
SIMILAR SERVICE COMPANIES OR WHERE THE ATTENDANCE OF CALL CENTER EMPLOY-
EES IS LESS THAN NINETY PERCENT IN ANY GIVEN MONTH  THIS  SECTION  SHALL
NOT  APPLY FOR THE FOLLOWING MONTH. ATTENDANCE FOR THIS SECTION SHALL BE
DEFINED WHEN AN EMPLOYEE IS EXPECTED TO REPORT TO WORK AS SCHEDULED.  IF
A COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT DEFINES ATTEND-
ANCE THEN THAT SHALL SUPERSEDE THE DEFINITION ABOVE. IF ATTENDANCE FALLS
BELOW  NINETY  PERCENT  AS  A DIRECT RESULT OF THE CORPORATION THEN THIS
SECTION SHALL APPLY.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law; provided, however, that the public service commission
is  immediately  authorized  and  directed  to take any and all actions,
including but not limited to the promulgation  of  any  rules  or  regu-
lations necessary to implement the provisions of this act on such effec-
tive date.