S T A T E O F N E W Y O R K
________________________________________________________________________
5033--A
2013-2014 Regular Sessions
I N S E N A T E
May 6, 2013
___________
Introduced by Sens. PARKER, SAMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Energy and Tele-
communications -- recommitted to the Committee on Energy and Telecom-
munications in accordance with Senate Rule 6, sec. 8 -- 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 requiring companies to allow victims of domestic violence
to cancel contracts when there is a permanent order of protection in
place
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 91 of the public service law is amended by adding a
new subdivision 8 to read as follows:
8. EVERY LOCAL EXCHANGE TELEPHONE CORPORATION, AS DEFINED IN THIS
CHAPTER SHALL ALLOW A CUSTOMER WHO IS UNDER CONTRACT, INCLUDING BUT NOT
LIMITED TO A MULTI-YEAR CONTRACT OR BUNDLE CONTRACT, TO BREAK SUCH
CONTRACT WITHOUT PENALTY WHEN SUCH CUSTOMER IS: (A) A VICTIM OF DOMESTIC
VIOLENCE, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL
SERVICES LAW; (B) SUCH CUSTOMER REQUESTS RELEASE IN WRITING; AND (C)
SUCH CUSTOMER POSSESSES ANY ORDER OF PROTECTION, OTHER THAN A TEMPORARY
ORDER OF PROTECTION, THAT HAS BEEN ISSUED BY A COURT OF COMPETENT JURIS-
DICTION. THE TELEPHONE COMPANY SHALL WAIVE THE OTHERWISE APPLICABLE
CHARGES FOR BREAKING SUCH CONTRACT. SUCH WAIVER OF CHARGES SHALL BE FOR
THE DURATION OF THE APPLICABLE, NON-TEMPORARY, ORDER.
S 2. Section 399-yy of the general business law, as added by chapter
202 of the laws of 2013, is amended to read as follows:
S 399-yy. Cable television company providing telephone services. 1.
Every cable television company, as defined in section two hundred twelve
of the public service law, that provides telephone service to customers
in New York shall, at its option: a. allow a customer to use a modified
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10585-02-4
S. 5033--A 2
or alternative name for a directory listing or b. waive the otherwise
applicable charges for a non-published telephone listing, where the
customer requests protection of its identity in connection with the
customer's purchase of telephone service and the customer is a victim of
domestic violence, as defined in section four hundred fifty-nine-a of
the social services law, and for whose benefit any order of protection,
other than a temporary order of protection, has been issued by a court
of competent jurisdiction. This waiver of charges shall be for the dura-
tion of the applicable, non-temporary, order. Any non-published listings
provided in this section shall conform to all the same requirements of
other non-published listings. A customer requesting such an accommo-
dation shall provide a copy of the order of protection to the applicable
cable television company. Any customer requesting an accommodation
pursuant to this section may also request and shall be provided, at no
cost to the customer, a new telephone number within fifteen days from
the request for such accommodation.
2. EVERY CABLE TELEVISION COMPANY, AS DEFINED IN SECTION TWO HUNDRED
TWELVE OF THE PUBLIC SERVICE LAW, THAT PROVIDES TELEVISION AND/OR TELE-
PHONE SERVICE TO CUSTOMERS IN NEW YORK SHALL ALLOW A CUSTOMER WHO IS
UNDER CONTRACT, INCLUDING BUT NOT LIMITED TO A MULTI-YEAR CONTRACT OR
BUNDLE CONTRACT, TO BREAK SUCH CONTRACT WITHOUT PENALTY WHEN SUCH
CUSTOMER IS: A. A VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION
FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW; B. SUCH CUSTOMER
REQUESTS RELEASE IN WRITING; AND C. SUCH CUSTOMER POSSESSES ANY ORDER OF
PROTECTION, OTHER THAN A TEMPORARY ORDER OF PROTECTION, THAT HAS BEEN
ISSUED BY A COURT OF COMPETENT JURISDICTION.
S 3. The general business law is amended by adding a new section 399-
yyy to read as follows:
S 399-YYY. SATELLITE TELEVISION COMPANY PROVIDING TELEVISION AND/OR
TELEPHONE SERVICES. 1. EVERY DIRECT BROADCAST SATELLITE SERVICE PROVID-
ER, AS DEFINED IN THIS SECTION, THAT PROVIDES TELEVISION AND/OR TELE-
PHONE SERVICES TO CUSTOMERS IN NEW YORK SHALL ALLOW A CUSTOMER WHO IS
UNDER CONTRACT, INCLUDING BUT NOT LIMITED TO A MULTI-YEAR CONTRACT OR
BUNDLE CONTRACT, TO BREAK SUCH CONTRACT WITHOUT PENALTY WHEN SUCH
CUSTOMER IS (A) A VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION
FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW AND (B) SUCH
CUSTOMER REQUESTS RELEASE IN WRITING AND (C) SUCH CUSTOMER POSSESSES ANY
ORDER OF PROTECTION, OTHER THAN A TEMPORARY ORDER OF PROTECTION, THAT
HAS BEEN ISSUED BY A COURT OF COMPETENT JURISDICTION.
2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "DIRECT BROADCAST SATELLITE SERVICE", MEANS THE DISTRIBUTION OR
BROADCASTING BY SATELLITE OF VIDEO PROGRAMMING OR SERVICES DIRECTLY TO
RECEIVING EQUIPMENT LOCATED AT AN END USER SUBSCRIBER'S OR AN END USER
CUSTOMER'S PREMISES, INCLUDING, BUT NOT LIMITED TO, THE PROVISION OF
PREMIUM CHANNELS, THE PROVISION OF MUSIC OR OTHER AUDIO SERVICES OR
CHANNELS, AND ANY OTHER SERVICE RECEIVED IN CONNECTION WITH THE
PROVISION OF DIRECT BROADCAST SATELLITE SERVICE.
(B) "DIRECT BROADCAST SATELLITE SERVICE PROVIDER", MEANS A PERSON WHO
TRANSMITS, BROADCASTS OR OTHERWISE PROVIDES DIRECT BROADCAST SATELLITE
SERVICE TO SUBSCRIBERS OR CUSTOMERS IN THE STATE.
S 4. This act shall take effect immediately.