Senate Bill S3635

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

                                  3635

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 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  SERVICE PROVIDER AND THEIR SUBSID-
IARIES 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  INCLUD-
ING,  BUT NOT LIMITED TO OPERATOR SERVICES, DIRECTORY ASSISTANCE BUREAUS
AND CALL COMPLETION SERVICES FOR THE FOLLOWING:  (1) EXPLAINING  COMPANY
RATES,  REGULATIONS,  POLICIES,  PROCEDURES, EQUIPMENT, CUSTOMER SERVICE
OPTIONS AND COMMON PRACTICES; (2) DETERMINING CUSTOMER FINANCIAL RESPON-
SIBILITY, REQUIRED DEPOSITS, BILLING  RATES,  OR  HANDLING  PAYMENT  AND
OTHER  CREDIT  ARRANGEMENTS SUCH AS OBTAINING DEPOSITS, FINANCIAL STATE-
MENTS AND PAYMENT PLANS; (3)  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; AND (4) PREPARING INSTALLATION AND REPAIR SERVICE ORDERS  AND
OBTAINING ACCESS TO SUBSCRIBER'S PREMISES.
  (B) NO TELECOMMUNICATION SERVICE PROVIDER AND THEIR SUBSIDIARIES SHALL
CLOSE  A CALL CENTER OR OTHER FACILITY PROVIDING THE CUSTOMER ASSISTANCE
SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION OR RELOCATE SUCH CUSTOMER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04140-01-5
              

S. 3635                             2

ASSISTANCE TO ANOTHER AREA OF NEW YORK STATE  OR  OUTSIDE  OF  NEW  YORK
STATE  WITHOUT  NOTICE  AND  PUBLIC  HEARING BEFORE THE COMMISSION. UPON
RECEIPT OF THE NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH,  THE  COMMIS-
SION  SHALL  PROVIDE  NOTICE OF THE PROCEEDING TO INTERESTED PARTIES AND
THE PUBLIC; AND SHALL PROMPTLY FIX A DATE  FOR  THE  COMMENCEMENT  OF  A
PUBLIC  HEARING THEREON NOT LESS THAN SIXTY DAYS AFTER SUCH RECEIPT. THE
TESTIMONY PRESENTED AT SUCH HEARING MAY BE PRESENTED IN WRITING OR ORAL-
LY, PROVIDED THAT THE COMMISSION MAY  MAKE  RULES  DESIGNED  TO  EXCLUDE
REPETITIVE,  REDUNDANT  OR  IRRELEVANT TESTIMONY WHILE GIVING ALL INTER-
ESTED PARTIES THE OPPORTUNITY TO PRESENT THEIR DOCUMENTARY AND/OR TESTI-
MONIAL EVIDENCE. THE COMMISSION SHALL MAKE A RECORD OF ALL TESTIMONY  IN
ALL  CONTESTED  HEARINGS.  FOR PURPOSES OF THIS SECTION "PUBLIC HEARING"
MEANS A PUBLIC FORUM AT A  PHYSICAL  LOCATION,  ATTENDED  BY  COMMISSION
MEMBERS OR THEIR DESIGNEES, WHERE ORAL TESTIMONY IS ACCEPTED AND WRITTEN
TESTIMONY MAY BE SUBMITTED FOR INCLUSION IN THE RECORD. SUCH FORUM SHALL
BE  OPEN  TO  PARTIES  TO  THE PROCEEDING AND THE GENERAL PUBLIC FOR THE
PRESENTATION OF COMMENTS THAT SHALL BE LIMITED TO RELEVANT FACTS DIRECT-
LY RELATED  TO  THE  PROCEEDING  IN  QUESTION.  SUCH  HEARING  SHALL  BE
COMMENCED  UPON  PROPER  NOTICE TO THE PARTIES TO THE PROCEEDING AND THE
PUBLIC AT LEAST THIRTY DAYS PRIOR TO THE SCHEDULED  DATE.    SHOULD  THE
COMMISSION  RULE  IN  FAVOR  OF  CLOSING A CALL CENTER OR OTHER FACILITY
PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN  PARAGRAPH  (A)  OF  THIS
SUBDIVISION  OR  RELOCATING  SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF
NEW YORK STATE THEN THE  TELECOMMUNICATION  SERVICE  PROVIDER  OR  THEIR
SUBSIDIARIES SHALL PROVIDE NOTIFICATION ONE HUNDRED EIGHTY CALENDAR DAYS
IN ADVANCE OF CLOSING OR RELOCATION.
  (C)  THIS  SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHERE
BY COMPANY POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR  SIMI-
LAR SERVICE COMPANIES.
  S  2. The general business law is amended by adding a new section 399-
yyy to read as follows:
  S 399-YYY. CABLE SERVICE PROVIDER. 1. EVERY CABLE SERVICE PROVIDER 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:  (A) EXPLAINING
COMPANY RATES, REGULATIONS, POLICIES,  PROCEDURES,  EQUIPMENT,  CUSTOMER
SERVICE OPTIONS AND COMMON PRACTICES; (B) DETERMINING CUSTOMER FINANCIAL
RESPONSIBILITY,  REQUIRED  DEPOSITS,  BILLING RATES, OR HANDLING PAYMENT
AND OTHER CREDIT ARRANGEMENTS  SUCH  AS  OBTAINING  DEPOSITS,  FINANCIAL
STATEMENTS  AND PAYMENT PLANS; (C) 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 PAY  PHONE
CUSTOMERS;  AND (D) PREPARING INSTALLATION AND REPAIR SERVICE ORDERS AND
OBTAINING ACCESS TO SUBSCRIBER'S PREMISES.
  2. NO CABLE SERVICE PROVIDER AND THEIR SUBSIDIARIES SHALL CLOSE A CALL
CENTER OR OTHER FACILITY PROVIDING THE CUSTOMER ASSISTANCE SET FORTH  IN
SUBDIVISION  ONE OF THIS SECTION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO
ANOTHER AREA OF NEW YORK STATE OR OUTSIDE  OF  NEW  YORK  STATE  WITHOUT
NOTICE  AND  PUBLIC  HEARING BEFORE THE COMMISSION.  UPON RECEIPT OF THE
NOTICE REQUIRED PURSUANT  TO  THIS  SUBDIVISION,  THE  COMMISSION  SHALL

S. 3635                             3

PROVIDE  NOTICE  OF THE PROCEEDING TO INTERESTED PARTIES AND THE PUBLIC;
AND SHALL PROMPTLY FIX A DATE FOR THE COMMENCEMENT OF A  PUBLIC  HEARING
THEREON  NOT  LESS  THAN  SIXTY  DAYS  AFTER SUCH RECEIPT. THE TESTIMONY
PRESENTED  AT  SUCH  HEARING  MAY  BE  PRESENTED  IN  WRITING OR ORALLY,
PROVIDED THAT THE COMMISSION MAY MAKE RULES DESIGNED TO EXCLUDE  REPETI-
TIVE,  REDUNDANT  OR  IRRELEVANT  TESTIMONY  WHILE GIVING ALL INTERESTED
PARTIES THE OPPORTUNITY TO PRESENT THEIR DOCUMENTARY AND/OR  TESTIMONIAL
EVIDENCE.    THE  COMMISSION SHALL MAKE A RECORD OF ALL TESTIMONY IN ALL
CONTESTED HEARINGS. FOR PURPOSES OF THIS SECTION "PUBLIC HEARING"  MEANS
A PUBLIC FORUM AT A PHYSICAL LOCATION, ATTENDED BY COMMISSION MEMBERS OR
THEIR  DESIGNEES, WHERE ORAL TESTIMONY IS ACCEPTED AND WRITTEN TESTIMONY
MAY BE SUBMITTED FOR INCLUSION IN THE RECORD. SUCH FORUM SHALL  BE  OPEN
TO PARTIES TO THE PROCEEDING AND THE GENERAL PUBLIC FOR THE PRESENTATION
OF  COMMENTS THAT SHALL BE LIMITED TO RELEVANT FACTS DIRECTLY RELATED TO
THE PROCEEDING IN QUESTION.  SUCH HEARING SHALL BE COMMENCED UPON PROPER
NOTICE TO THE PARTIES TO THE PROCEEDING AND THE PUBLIC AT  LEAST  THIRTY
DAYS  PRIOR  TO THE SCHEDULED DATE.  SHOULD THE COMMISSION RULE IN FAVOR
OF CLOSING A CALL  CENTER  OR  OTHER  FACILITY  PROVIDING  THE  CUSTOMER
ASSISTANCE  SET  FORTH  IN SUBDIVISION ONE OF THIS SECTION OR RELOCATING
SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF  NEW  YORK  STATE  THEN  THE
CABLE  SERVICE PROVIDER OR THEIR SUBSIDIARIES SHALL PROVIDE NOTIFICATION
ONE HUNDRED EIGHTY CALENDAR DAYS IN ADVANCE OF CLOSING OR RELOCATION.
  3. THIS SECTION SHALL NOT APPLY TO THE COLLECTION  OF  DEBT  WHERE  BY
COMPANY  POLICY  SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR SIMILAR
SERVICE COMPANIES.
  S 3. This act shall take effect immediately.