S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4350
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL,  COLTON, CAHILL, SKOUFIS, CUSICK,
   MOSLEY, JAFFEE, KIM, BENEDETTO, GOTTFRIED,  THIELE,  ABINANTI,  ENGLE-
   BRIGHT, RAMOS, OTIS, ROZIC, SANTABARBARA, STEC, DINOWITZ, RYAN, MAYER,
   LUPARDO,  GUNTHER,  BARRETT,  MOYA,  WEPRIN, SIMOTAS, LIFTON, BRONSON,
   GALEF, BRINDISI, HOOPER, BUCHWALD,  TITONE,  M. G. MILLER,  ZEBROWSKI,
   RAIA,  BRAUNSTEIN,  FAHY  --  Multi-Sponsored  by  -- M. of A. ABBATE,
   ARROYO, COOK, CRESPO,  DenDEKKER,  GARBARINO,  GLICK,  HEVESI,  JOHNS,
   KEARNS, LENTOL, LUPINACCI, McKEVITT, PAULIN, PERRY, RIVERA, RODRIGUEZ,
   SEPULVEDA, SKARTADOS, SOLAGES -- read once and referred to the Commit-
   tee on Ways and Means
 
 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 ITS 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) EXPLAINING COMPANY RATES,
 REGULATIONS, POLICIES, PROCEDURES, EQUIPMENT, CUSTOMER  SERVICE  OPTIONS
 AND COMMON PRACTICES; (2) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY,
 REQUIRED  DEPOSITS,  BILLING RATES, OR HANDLING PAYMENT AND OTHER CREDIT
 ARRANGEMENTS  SUCH  AS  OBTAINING  DEPOSITS,  FINANCIAL  STATEMENTS  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05486-01-7

 A. 4350                             2
 
 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 NOR ITS 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
 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 ITS
 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.
   § 2. The general business law is amended by adding a new section  399-
 yyy to read as follows:
   § 399-YYY. CABLE SERVICE PROVIDER. 1. EVERY CABLE SERVICE PROVIDER AND
 ITS  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

 A. 4350                             3
 
 CUSTOMERS; AND (D) PREPARING INSTALLATION AND REPAIR SERVICE ORDERS  AND
 OBTAINING ACCESS TO SUBSCRIBER'S PREMISES.
   2.  NO  CABLE SERVICE PROVIDER NOR ITS 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
 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 ITS 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.
   § 3. This act shall take effect immediately.