senate Bill S78A

2013-2014 Legislative Session

Directs telecommunication and cable corporations to provide call center service assistance from centers located within the state

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 print number 78a
amend and recommit to energy and telecommunications
Jan 08, 2014 referred to energy and telecommunications
Jan 09, 2013 referred to energy and telecommunications

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S78 - Bill Details

See Assembly Version of this Bill:
A1190A
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §65, Pub Serv L; add §394-f, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S75, A175
2009-2010: S7967A, A4872C

S78 - Bill Texts

view summary

Directs telecommunications and cable corporations to provide call center service assistance from centers located within the state and such corporations' service areas; includes a list of what services must be provided.

view sponsor memo
BILL NUMBER:S78

TITLE OF BILL:
An act
to amend the public service law and the general business law,
in relation to telecommunications and cable call centers

PURPOSE:
This Bill directs telecommunication corporations to provide call
center service assistance from centers located within the state and
such corporations' service area.

SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 14 to
section 65 of the public service law, as added by
chapter 693 of the laws of 1985.

Section 2 shall contain the same provisions as section 1, however
shall also apply to cable companies" This section also contains the
effective date.

JUSTIFICATION:
This will require telecommunication corporations which provide
telephone, cable, or internet service to provide call center service
assistance. These call centers will utilize services located within
the state in order to determine customer financial responsibility,
processing requests for new or additional services, including
emergency service, determining deposit required or bill rate,
preparing service orders, and obtaining access to businesses and
residential properties.
These service centers will also provide customer assistance regarding
explanation of rates, regulations, policies, procedures, equipment,
and common practices. The centers will investigate trouble order
forms and initiate high bill investigations, handle payment, and
other credit arrangements such as obtaining deposits, financial
statements and payments plans referring customers to social service
agencies and other assistance programs when applicable. This will
provide support for the customers of telephone, cable and/or internet
services with clear access to information regarding their service
while supporting the service providers with resources to maintain
this system through services located within the state.

LEGISLATIVE HISTORY:
2011-12: S.75
2010: S.7967/A.4872-C (Senate Energy and
Telecommunications) 05/14/08 Referred to Corporations, Authorities
and Commissions

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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


regulations necessary to implement the provisions of this act on such
effective date.

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

                                   78

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

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 14 to read as follows:
  14.  (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
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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01114-01-3

S. 78                               2

  (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;
  (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

S. 78                               3

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.

Co-Sponsors

S78A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1190A
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §65, Pub Serv L; add §394-f, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S75, A175
2009-2010: S7967A, A4872C

S78A (ACTIVE) - Bill Texts

view summary

Directs telecommunications and cable corporations to provide call center service assistance from centers located within the state and such corporations' service areas; includes a list of what services must be provided.

view sponsor memo
BILL NUMBER:S78A

TITLE OF BILL: An act to amend the public service law and the general
business law, in relation to telecommunications and cable call centers

PURPOSE:

This Bill directs telecommunication corporations to provide call
center service assistance from centers located within the state and
such corporations' service area.

SUMMARY OF PROVISIONS:

Section 1 amends section 65 of the public service law by adding a new
subdivision 16 to chapter 693 of the laws of 1985.

Section 2 shall contain the same provisions as section 1, however
shall also apply to cable companies. This section also contains the
effective date.

JUSTIFICATION:

This will require telecommunication corporations which provide
telephone, cable, or internet service to provide call center service
assistance. These call centers will utilize services located within
the state in order to determine customer financial responsibility,
processing requests for new or additional services, including
emergency service, determining deposit required or bill rate,
preparing service orders, and obtaining access to businesses and
residential properties. These service centers will also provide
customer assistance regarding explanation of rates, regulations,
policies, procedures, equipment, and common practices. The centers
will investigate trouble order forms and initiate high bill
investigations, handle payment, and other credit arrangements such as
obtaining deposits, financial statements and payments plans referring
customers to social service agencies and other assistance programs
when applicable. This will provide support for the customers of
telephone, cable and/or internet services with clear access to
information regarding their service while supporting the service
providers with resources to maintain this system through services
located within the state.

LEGISLATIVE HISTORY:

2011-12: S.75
2010: S.7967/A.4872-C (Senate Energy and Telecommunications) 05/14/08
Referred to Corporations, Authorities and Commissions

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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
regulations necessary to implement the provisions of this act on such
effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  78--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. PERALTA, ADDABBO, AVELLA -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Energy
  and  Telecommunications  -- recommitted to the Committee on Energy and
  Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted 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
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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01114-02-4

S. 78--A                            2

  (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;
  (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

S. 78--A                            3

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.

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