Assembly Bill A5960A

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

                                 5960--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by  M.  of A. BRENNAN, LUPARDO, SCARBOROUGH, JAFFEE, LENTOL,
  CAHILL, GALEF, ABINANTI, STIRPE,  ABBATE,  ORTIZ,  ROSENTHAL,  WEPRIN,
  PAULIN,  BARRETT,  MAYER, STECK, CLARK, BRINDISI, SEPULVEDA, DINOWITZ,
  BENEDETTO, SEAWRIGHT, SKOUFIS, PALUMBO,  SANTABARBARA  --  Multi-Spon-
  sored  by  --  M.  of  A.  BUCHWALD,  COOK, CROUCH, ENGLEBRIGHT, FAHY,
  GARBARINO, GLICK, GOTTFRIED, GUNTHER, HEVESI, JOYNER, LIFTON, LUPINAC-
  CI, MAGNARELLI, MARKEY, McDONALD, MOSLEY, PEOPLES-STOKES, RAIA, ROBIN-
  SON, SIMON, SOLAGES, THIELE, TITONE -- read once and referred  to  the
  Committee  on  Corporations,  Authorities and Commissions -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT in relation to directing the public service commission to prepare
  and complete a comprehensive examination and study of the telecommuni-
  cations industry in this state

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

  Section  1. The New York State public service commission (the "commis-
sion") shall prepare and complete a comprehensive examination and  study
of  the  telecommunications  industry  in  this  state  pursuant  to the
provisions of this act. The study  shall  include  an  analysis  of  the
different and various telecommunication services, networks and technolo-
gies  currently being offered to New Yorkers, and how they rate in terms
of quality and reliability of service, consumer protections, and afford-
ability.
  S 2. The study shall include:
  (a) an analysis and assessment of  competitive  choices  available  to
consumers, including:
  (1) an inventory of all available telecommunications networks, includ-
ing  fiber-to-the-premises,  cable,  wireless and landline technologies,
regardless of their regulatory status;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09489-03-5

              

A. 5960--A                          2

  (2) the status  of  competition  for  telecommunication  services  and
networks.  Does  competition  exist  in this industry for the benefit of
consumers? How many platforms are available to consumers?  What  is  the
availability of competitive broadband in this state?;
  (3)  the  actual  costs  and  revenues for each service, technology or
network or a reasonable estimate of such costs and revenue.  What  rates
of  return have been earned in the price-regulated and the price-unregu-
lated services, networks or systems?;
  (4) the current level of service quality in all networks  or  systems.
How  is  it measured and what are the metrics or standards used for such
measurement?;
  (5) what has happened  to  rates/cost  of  service  in  each  service,
network  or system? Has the allocation of costs by providers resulted in
excessive rates?;
  (6) the adequacy of the commission's current  definition  or  list  of
basic  services  that  all  consumers  are  entitled  to, including what
services are technologically available for inclusion in a basic  service
list. What are public expectations? How are they measured?;
  (7)  whether  there has been a deterioration of the quality of service
and performance standards for those consumers who still rely  on  copper
network;
  (8) whether the current level of capital expenditures by providers for
maintaining  and  repairing  the  copper wireline network is adequate to
ensure quality and reliability of service; and
  (b) recommendations on alternative approaches and statutory changes to
ensure that telecommunication services and technologies remain  afforda-
ble  and reliable for all New Yorkers, and that such services are avail-
able and remain reliable in advance of, or during, a natural disaster.
  S 3. (a) The commission shall, by  August  31,  2015,  issue  a  draft
report,  with its preliminary findings, conclusions and recommendations.
No sooner than fifteen, but not more than seventy-five, days  after  the
release  of the draft, the commission shall conduct at least four public
hearings in different regions of  the  state  to  allow  for  state-wide
public  input  and  comment  on the draft report.   The commission shall
ensure the presence and participation of at least  one  commissioner  at
each of the public hearings.
  (b) After careful review and consideration of public comments received
at  such  public hearings the commission shall issue its final report by
December 31, 2015, which shall include a summary of the public  comments
received  and  may include the commission's response to select comments.
The commission shall issue its final report to the governor, the speaker
of the assembly, the temporary president of the senate, and the chair of
both the  assembly  and  senate  standing  committees  on  corporations,
authorities  and  commissions;  and  post  a  copy of such report on its
website.
  S 4. If the reports required pursuant to this act are not received  by
the  date  set  forth  in this act, the commission shall submit a letter
within forty-eight hours of the due date to the governor, the speaker of
the assembly, the temporary president of the senate, and  the  chair  of
both  the  assembly  and  senate  standing  committees  on corporations,
authorities, and commissions explaining in detail the  reasons  for  the
failure  to  meet  the  deadline  and  providing  an anticipated date of
completion.
  S 5. This act shall take effect immediately.