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

                                 8018--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2013
                               ___________

Introduced  by M. of A. ROZIC -- read once and referred to the Committee
  on Corporations, Authorities and Commissions  --  recommitted  to  the
  Committee  on  Corporations, Authorities 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 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
or  alternative  name  for a directory listing or b. waive the otherwise

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10585-03-4
              

A. 8018--A                          2

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.