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

                                  2902

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of A. BRENNAN, ABINANTI, ROBERTS, COLTON, ROSENTHAL,
  MAYER, GUNTHER, CRESPO, SCARBOROUGH, PEOPLES-STOKES, BUCHWALD, CAHILL,
  RUSSELL, OTIS, BARRETT, LIFTON, PAULIN, BROOK-KRASNY, BRONSON, LAVINE,
  SKOUFIS, STIRPE, HOOPER, ABBATE, BRINDISI, KIM, MARKEY, MILLER, ROZIC,
  ZEBROWSKI -- Multi-Sponsored by -- M. of  A.  ARROYO,  CAMARA,  CLARK,
  DINOWITZ,  ENGLEBRIGHT,  FARRELL,  GALEF, GARBARINO, GLICK, GOTTFRIED,
  JAFFEE, LENTOL, LUPARDO,  LUPINACCI,  MOSLEY,  MOYA,  PERRY,  PRETLOW,
  RAIA,  RAMOS,  ROBINSON,  SALADINO,  SANTABARBARA, SCHIMEL, SEPULVEDA,
  SIMOTAS, SOLAGES, THIELE, TITONE -- read  once  and  referred  to  the
  Committee on Corporations, Authorities and Commissions

AN  ACT  in  relation  to  establishing a moratorium on telephone corpo-
  rations on the replacement of landline telephone service with a  wire-
  less  system;  and  providing  for  the repeal of such provisions upon
  expiration thereof

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

  Section  1.  a.  Notwithstanding any provision of law to the contrary,
commencing with the effective date of this act, there shall be a morato-
rium on any and all actions taken by telephone corporations  subject  to
article  5  of  the  public  service law to replace landline or wireline
telephone service with a wireless system.
  b. On or before April 1, 2016, the public  service  commission,  after
conducting  one  or  more  public  hearings,  shall prepare and submit a
report to the governor and the state legislature setting forth its find-
ings and conclusions on the report to be submitted by a telephone corpo-
ration by November 1, 2013 to the public service commission pursuant  to
an  order  issued  by the public service commission on May 16, 2013 with
respect to case no. 13-C-0197.
  c. The public service commission shall include in the report submitted
pursuant to subdivision b of this section its findings  and  conclusions
on the following questions:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02504-01-5
              

A. 2902                             2

  (1)  How  does the replacement of a copper-based wireline telecommuni-
cations network with a wireless system affect or impact:
  (A)  the  incumbent local exchange carrier's (ILEC) ability to provide
adequate, efficient, proper, reliable, and sufficient service?
  (B) the ability of ILEC to provide its  customers  access  to  service
options, including, but not limited to, Internet access?
  (C) the ability of other service providers, including, but not limited
to, alarm monitoring companies, home health monitoring equipment provid-
ers, to provide services to consumers and businesses?
  (D) the ability of deaf and hard-of-hearing consumers to access commu-
nications services in accordance with section 91-a of the public service
law?
  (E) ILECs' rates and charges?
  (F)  ILECs'  ability  to  comply with the mandate to provide "adequate
service" pursuant to section 91 of the public service law?
  (G) ILECs' ability  to provide reliable connections to  public  safety
or  law  enforcement agencies during normal operating conditions? during
extreme weather conditions? during power outages?
  (H) network reliability?
  (2) Does the replacement of a copper-based wireline telecommunications
network with a wireless system subject affected customers to an undue or
unreasonable prejudice or disadvantage in violation of subdivision 3  of
section 91 of the public service law?
  (3)  What  are  the  specific annual plans of ILECs during each of the
current and subsequent four calendar years regarding their intentions to
substitute wireless for wireline service?
  S 2. This act shall not apply to any  actions  taken  by  a  telephone
corporation pursuant to an order issued by the public service commission
on May 16, 2013 with respect to case no. 13-C-0197 relating to the west-
ern part of Fire Island, New York.
  S 3. Nothing in this act shall be construed to prevent or preclude (1)
a  telephone  company  from  replacing  a copper-based wireline communi-
cations network with a wireless  system  for  any  customer  who,  after
receiving  appropriate  notice  and  information, consents in writing to
such replacement on forms prepared by the public service commission;  or
(2) the public service commission, in the aftermath of a weather-related
or  natural event or emergency, from authorizing a telephone corporation
to take any actions that are suspended by this act.
  S 4. This act shall take effect immediately, and shall expire  and  be
deemed repealed June 1, 2016.