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Assembly Bill A9171

2013-2014 Legislative Session

Relates to notification of service downgrades to cellular phone customers

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Archive: Last Bill Status - On Floor Calendar

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2013-A9171 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add ยง391-t, Gen Bus L

2013-A9171 (ACTIVE) - Summary

Relates to notification of service downgrades to cellular phone customers at least one week prior to the beginning of an anticipated disruption.

2013-A9171 (ACTIVE) - Bill Text download pdf 

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

                                  9171

                          I N  A S S E M B L Y

                             March 25, 2014
                               ___________

Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to notification of
  service downgrades to cellular phone customers

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

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. CUSTOMER NOTIFICATION OF MATERIAL CHANGES IN WIRELESS  COMMU-
NICATIONS SERVICE. 1. AS USED IN THIS SECTION:
  (A)  "WIRELESS  COMMUNICATIONS  CUSTOMER"  MEANS A MOBILE TELECOMMUNI-
CATIONS CUSTOMER AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH TWENTY-SEV-
EN OF SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE OF THE TAX LAW,  WHO
CONTRACTS FOR OR IS THE END USER OF WIRELESS COMMUNICATIONS SERVICE.
  (B)  "WIRELESS  COMMUNICATIONS  SERVICE SUPPLIER" MEANS A HOME SERVICE
PROVIDER AS DEFINED IN SUBPARAGRAPH (II) OF  PARAGRAPH  TWENTY-SEVEN  OF
SUBDIVISION  (B)  OF SECTION ELEVEN HUNDRED ONE OF THE TAX LAW, PROVIDED
THAT THE HOME SERVICE PROVIDER PROVIDES WIRELESS COMMUNICATIONS  SERVICE
AND HAS ONE OR MORE WIRELESS COMMUNICATIONS CUSTOMERS IN THE STATE.
  (C)  "ANTICIPATED  SERVICE DISRUPTION" SHALL MEAN THE PLANNED REMOVAL,
ALTERATION, PERMANENT ATTENUATION, DEGRADATION, OR  ELIMINATION  OF  ANY
EQUIPMENT  FOR  THE FUNCTIONALITY OF THE WIRELESS COMMUNICATIONS SERVICE
THAT MATERIALLY CHANGES THE QUALITY OR LEVEL OF  THE  WIRELESS  COMMUNI-
CATION  SERVICE,  PROVIDED HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE ANY
MATERIAL CHANGES THAT ARE THE RESULT OF A MANDATE FROM OR  A  CHANGE  IN
THE REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION.
  2.  (A)  EVERY  WIRELESS  COMMUNICATIONS SERVICE SUPPLIER SHALL NOTIFY
EACH WIRELESS COMMUNICATIONS CUSTOMER WHO MAY BE AFFECTED BY  AN  ANTIC-
IPATED  SERVICE  DISRUPTION  OF  SUCH  ANTICIPATED SERVICE DISRUPTION AT
LEAST ONE WEEK PRIOR  TO  THE  BEGINNING  OF  SUCH  ANTICIPATED  SERVICE
DISRUPTION, AT NO CHARGE TO SUCH CUSTOMER.
  (B)  SUCH  NOTICE  SHALL  BE  GIVEN TO EACH AFFECTED WIRELESS COMMUNI-
CATIONS CUSTOMER WHO MAY BE AFFECTED IN ANY ONE OF THE FOLLOWING FORMS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14440-02-4

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