S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2877
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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, in relation to service quality
   standards, credits, reports and penalties
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new article
 12 to read as follows:
                                 ARTICLE 12
  PROVISIONS RELATING TO TELEPHONE CORPORATIONS, CABLE CORPORATIONS, AND
               COMBINATION TELEPHONE AND CABLE CORPORATIONS
 SECTION 231. DEFINITIONS.
         232. SERVICE  QUALITY  STANDARDS,  MINIMUM  PERFORMANCE  LEVELS,
                CREDITS, AND REPORTS.
         233. ADMINISTRATIVE SANCTIONS; RECOVERY OF PENALTIES.
   §  231.  DEFINITIONS. THE WORDS AND PHRASES USED IN THIS ARTICLE SHALL
 HAVE THE FOLLOWING MEANINGS UNLESS A DIFFERENT MEANING  CLEARLY  APPEARS
 IN  THE  CONTEXT.  1.  "CABLE CORPORATION" SHALL MEAN ANY PERSON OWNING,
 CONTROLLING, OPERATING, MANAGING OR LEASING ONE OR MORE CABLE TELEVISION
 SYSTEMS WITHIN THE STATE.
   2. "CABLE TELEVISION SYSTEM" SHALL HAVE THE SAME MEANING AS SET  FORTH
 IN SECTION TWO HUNDRED TWELVE OF THIS CHAPTER.
   3.  "COMBINATION TELEPHONE AND CABLE CORPORATION" SHALL MEAN ANY TELE-
 PHONE CORPORATION OPERATING IN NEW YORK UNDER COMMON  OWNERSHIP  WITH  A
 CABLE CORPORATION OPERATING IN NEW YORK OR ANY CABLE CORPORATION OPERAT-
 ING  IN  NEW  YORK  UNDER  COMMON OWNERSHIP WITH A TELEPHONE CORPORATION
 OPERATING IN NEW YORK, OR ANY SUCCESSOR OF EITHER CORPORATION.
   § 232. SERVICE QUALITY STANDARDS, MINIMUM PERFORMANCE LEVELS, CREDITS,
 AND REPORTS. THE COMMISSION SHALL, BY  REGULATIONS  ADOPTED  OR  AMENDED
 PURSUANT  TO THIS SECTION, ESTABLISH QUALITY OF SERVICE STANDARDS, MINI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07509-01-7

 S. 2877                             2
 
 MUM  PERFORMANCE  LEVELS,  CUSTOMER-SPECIFIC  CREDITS,   AND   REPORTING
 REQUIREMENTS  THAT  SHALL  APPLY  TO  EACH  TELEPHONE CORPORATION, CABLE
 CORPORATION, OR COMBINATION TELEPHONE AND CABLE CORPORATION. 1.  SERVICE
 STANDARDS.  SERVICE  STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO: (A)
 MEASURES RELATING TO REPAIRS  FOR  SERVICE  OUTAGES  WITHIN  FORTY-EIGHT
 HOURS UNLESS A CUSTOMER OPTS OTHERWISE;
   (B)  A  REQUIREMENT  THAT  NEW INSTALLATION ORDERS BE COMPLETED WITHIN
 FIVE DAYS UNLESS A CUSTOMER OPTS OTHERWISE;
   (C) A REQUIREMENT THAT EACH CORPORATION DEVELOP PROCEDURES  TO  PRIOR-
 ITIZE  SERVICE  TO CUSTOMERS WHO ARE LIFELINE CUSTOMERS, WHO ARE SPECIAL
 NEEDS CUSTOMERS, AND FOR CUSTOMERS WHO UTILIZE A MEDICAL ALERT SYSTEM OR
 COMMUNICATIONS EQUIPMENT, IN CONJUNCTION WITH MEDICAL DEVICES, TO  MONI-
 TOR  AND  TRANSMIT  MEDICAL  DATA  TO THEIR TREATING PHYSICIANS' MEDICAL
 SITES.
   2. MINIMUM PERFORMANCE LEVELS. MINIMUM  PERFORMANCE  LEVELS  FOR  EACH
 SERVICE STANDARD SHALL BE DEVELOPED TO ENSURE THAT EACH TELEPHONE CORPO-
 RATION,  CABLE  CORPORATION,  OR  COMBINATION TELEPHONE AND CABLE CORPO-
 RATION IN THE STATE PROVIDE HIGH QUALITY CUSTOMER SERVICE AND HIGH QUAL-
 ITY TECHNICAL SERVICE TO ALL THEIR CUSTOMERS.
   3. CUSTOMER CREDITS OR REBATES. THE COMMISSION SHALL ESTABLISH A SCHE-
 DULE OF CUSTOMER CREDITS OR REBATES, WHICH SHALL BE AWARDED TO CUSTOMERS
 THAT EXPERIENCE SERVICE OUTAGE CONDITIONS AND  FOR  MISSED  INSTALLATION
 APPOINTMENTS.  A  SYSTEM OF GRADUATED CREDITS OR REBATES SHALL BE ESTAB-
 LISHED FOR THOSE  CUSTOMERS  WHOSE  SERVICE  OUTAGE  CONDITION  WAS  NOT
 CLEARED WITHIN FORTY-EIGHT HOURS OR INSTALLATION WAS NOT COMPLETED WITH-
 IN FIVE BUSINESS DAYS UNLESS A CUSTOMER OPTS OTHERWISE.
   4.  SERVICE  QUALITY  MONITORING  AND  REPORTING. THE COMMISSION SHALL
 RE-ESTABLISH THE MONITORING AND MEASUREMENTS OF SERVICE QUALITY IN FORCE
 ON JANUARY FIRST, TWO THOUSAND TWELVE  FOR  TELEPHONE  CORPORATIONS  AND
 SHALL  APPLY  THOSE  SERVICE  QUALITY STANDARDS TO EACH TELEPHONE CORPO-
 RATION, CABLE CORPORATION, OR COMBINATION  TELEPHONE  AND  CABLE  CORPO-
 RATION OFFERING TELEPHONE SERVICES.
   § 233. ADMINISTRATIVE SANCTIONS; RECOVERY OF PENALTIES. 1. EVERY TELE-
 PHONE CORPORATION, CABLE CORPORATION, OR COMBINATION TELEPHONE AND CABLE
 CORPORATION  SHALL  ADHERE  TO EVERY PROVISION OF THIS CHAPTER AND EVERY
 ORDER OR REGULATION ADOPTED UNDER AUTHORITY OF THIS CHAPTER SO  LONG  AS
 THE SAME SHALL BE IN FORCE.
   2.  (A)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO ASSESS A CIVIL
 PENALTY AGAINST EACH TELEPHONE CORPORATION, CABLE CORPORATION, OR COMBI-
 NATION TELEPHONE AND CABLE  CORPORATION  OR  PERSON  AND  THE  OFFICERS,
 AGENTS  AND  EMPLOYEES THEREOF SUBJECT TO THE JURISDICTION, SUPERVISION,
 OR REGULATION PURSUANT TO THIS CHAPTER IN AN AMOUNT AS SET FORTH IN THIS
 SECTION. IN DETERMINING THE AMOUNT OF ANY PENALTY TO BE ASSESSED  PURSU-
 ANT  TO THIS SECTION, THE COMMISSION SHALL CONSIDER: (I) THE SERIOUSNESS
 OF THE VIOLATION FOR WHICH A PENALTY IS SOUGHT;
   (II) THE NATURE AND EXTENT OF ANY PREVIOUS VIOLATIONS FOR WHICH PENAL-
 TIES HAVE BEEN ASSESSED AGAINST THE TELEPHONE CORPORATION, CABLE  CORPO-
 RATION, OR COMBINATION TELEPHONE AND CABLE CORPORATION OR PERSON;
   (III)  THE GROSS REVENUES AND FINANCIAL STATUS OF THE TELEPHONE CORPO-
 RATION, CABLE CORPORATION, OR COMBINATION  TELEPHONE  AND  CABLE  CORPO-
 RATION OR PERSON; AND
   (IV)  SUCH  OTHER  FACTORS  AS THE COMMISSION MAY DEEM APPROPRIATE AND
 RELEVANT. THE REMEDIES PROVIDED IN THIS SUBDIVISION ARE IN  ADDITION  TO
 ANY OTHER REMEDIES PROVIDED BY LAW.
   (B)  WHENEVER  THE  COMMISSION  HAS REASON TO BELIEVE THAT A TELEPHONE
 CORPORATION, CABLE  CORPORATION,  OR  COMBINATION  TELEPHONE  AND  CABLE

 S. 2877                             3
 
 CORPORATION  OR  PERSON  AND SUCH OFFICERS, AGENTS AND EMPLOYEES THEREOF
 MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS  SET  FORTH  IN  THIS
 SUBDIVISION,  IT  SHALL  NOTIFY  SUCH CORPORATION OR PERSON. SUCH NOTICE
 SHALL  INCLUDE,  BUT  SHALL  NOT BE LIMITED TO: (I) THE DATE AND A BRIEF
 DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT OR FAILURE  TO  ACT  FOR
 WHICH  SUCH PENALTY IS PROPOSED; (II) A LIST OF EACH STATUTE, REGULATION
 OR ORDER THAT THE COMMISSION ALLEGES HAS BEEN VIOLATED; (III) THE AMOUNT
 OF EACH PENALTY THAT THE COMMISSION PROPOSES TO  ASSESS;  AND  (IV)  THE
 OPTION  TO  REQUEST A HEARING TO DEMONSTRATE WHY THE PROPOSED PENALTY OR
 PENALTIES SHOULD NOT BE  ASSESSED  AGAINST  SUCH  CORPORATION,  OR  SUCH
 PERSON.
   3.  ANY TELEPHONE CORPORATION, CABLE CORPORATION, OR COMBINATION TELE-
 PHONE AND CABLE CORPORATION THAT VIOLATES A PROVISION OF  THIS  CHAPTER,
 REGULATION  OR  AN ORDER ADOPTED UNDER AUTHORITY OF THIS CHAPTER SO LONG
 AS THE SAME SHALL BE IN FORCE, OR WHO FAILS TO PROVIDE SAFE AND ADEQUATE
 SERVICE SHALL FORFEIT A SUM NOT EXCEEDING THE  GREATER  OF  ONE  HUNDRED
 THOUSAND  DOLLARS  OR  TWO  ONE-HUNDREDTHS  OF ONE PERCENT OF THE ANNUAL
 INTRASTATE GROSS OPERATING REVENUE OF THE  CORPORATION,  CONSTITUTING  A
 CIVIL  PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE OF A CONTINU-
 ING VIOLATION, EACH DAY SHALL BE DEEMED A SEPARATE AND DISTINCT OFFENSE.
   4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
 SECTION,  ANY SUCH TELEPHONE CORPORATION, CABLE CORPORATION, OR COMBINA-
 TION TELEPHONE AND CABLE CORPORATION THAT VIOLATES A PROVISION  OF  THIS
 CHAPTER,  OR  AN ORDER OR REGULATION ADOPTED UNDER THE AUTHORITY OF THIS
 CHAPTER SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFETY OR PREVENTION OF
 SIGNIFICANT DAMAGE TO REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO:  (A)
 A  DEATH OR PERSONAL INJURY; OR (B) DAMAGE TO REAL PROPERTY IN EXCESS OF
 FIFTY THOUSAND DOLLARS, FORFEIT A SUM NOT TO EXCEED THE GREATER OF:  (I)
 TWO HUNDRED FIFTY  THOUSAND  DOLLARS  OR  THREE  ONE-HUNDREDTHS  OF  ONE
 PERCENT  OF  THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE CORPO-
 RATION, WHICHEVER IS GREATER, CONSTITUTING  A  CIVIL  PENALTY  FOR  EACH
 SEPARATE  AND  DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR PURPOSES OF
 THIS PARAGRAPH, EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED A
 SEPARATE  AND  DISTINCT  OFFENSE.  THE  TOTAL  PERIOD  OF  A  CONTINUING
 VIOLATION,  AS  WELL  AS  EVERY  DISTINCT  VIOLATION, SHALL BE SIMILARLY
 TREATED AS A SEPARATE AND DISTINCT OFFENSE FOR PURPOSES  OF  THIS  PARA-
 GRAPH;  OR  (II)  THE  MAXIMUM  FORFEITURE DETERMINED IN ACCORDANCE WITH
 SUBDIVISION THREE OF THIS SECTION.
   5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OR FOUR OF THIS
 SECTION, A TELEPHONE  CORPORATION,  CABLE  CORPORATION,  OR  COMBINATION
 TELEPHONE  AND CABLE CORPORATION THAT VIOLATES A PROVISION OF THIS CHAP-
 TER, OR AN ORDER OR REGULATION ADOPTED UNDER AUTHORITY OF THIS  CHAPTER,
 DESIGNED  TO  PROTECT THE OVERALL RELIABILITY AND CONTINUITY OF SERVICE,
 INCLUDING BUT NOT LIMITED TO THE  RESTORATION  OF  SERVICE  FOLLOWING  A
 MAJOR  OUTAGE  EVENT OR EMERGENCY, SHALL FORFEIT A SUM NOT TO EXCEED THE
 GREATER OF: (A) FIVE HUNDRED THOUSAND DOLLARS OR FOUR ONE-HUNDREDTHS  OF
 ONE  PERCENT  OF  THE  ANNUAL  INTRASTATE GROSS OPERATING REVENUE OF THE
 TELEPHONE CORPORATION, CABLE CORPORATION, OR COMBINATION  TELEPHONE  AND
 CABLE  CORPORATION,  WHICHEVER  IS GREATER, CONSTITUTING A CIVIL PENALTY
 FOR EACH SEPARATE AND DISTINCT  OFFENSE;  PROVIDED,  HOWEVER,  THAT  FOR
 PURPOSES  OF THIS PARAGRAPH EACH DAY OF A CONTINUING VIOLATION SHALL NOT
 BE DEEMED A SEPARATE AND DISTINCT  OFFENSE.    THE  TOTAL  PERIOD  OF  A
 CONTINUING VIOLATION, AS WELL AS EVERY DISTINCT VIOLATION SHALL BE SIMI-
 LARLY  TREATED  AS  A SEPARATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS
 PARAGRAPH; OR

 S. 2877                             4
 
   (B) THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE  WITH  SUBDIVISION
 THREE OF THIS SECTION.
   6.  ANY  OFFICER,  AGENT, OR EMPLOYEE OF ANY CORPORATION DETERMINED BY
 THE COMMISSION TO HAVE VIOLATED THE  PROVISIONS  OF  SUBDIVISION  THREE,
 FOUR, OR FIVE OF THIS SECTION, AND WHO KNOWINGLY VIOLATES A PROVISION OF
 THIS  CHAPTER,  REGULATION  OR  AN ORDER ADOPTED UNDER AUTHORITY OF THIS
 CHAPTER SO LONG AS THE SAME SHALL BE IN FORCE, INCLUDING  A  FAILURE  TO
 PROVIDE SAFE AND ADEQUATE SERVICE, SHALL FORFEIT A SUM NOT TO EXCEED ONE
 HUNDRED THOUSAND DOLLARS CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY
 OFFENSE  AND,  IN  THE CASE OF A CONTINUING VIOLATION, EACH DAY SHALL BE
 DEEMED A SEPARATE AND DISTINCT OFFENSE.
   7. ANY SUCH ASSESSMENT MAY  BE  COMPROMISED  OR  DISCONTINUED  BY  THE
 COMMISSION. ALL MONEYS RECOVERED PURSUANT TO THIS SECTION, TOGETHER WITH
 THE  COSTS  THEREOF,  SHALL  BE  REMITTED TO, OR FOR THE BENEFIT OF, THE
 RATEPAYERS IN A MANNER TO BE DETERMINED BY THE COMMISSION.
   8. UPON A FAILURE BY A TELEPHONE CORPORATION,  CABLE  CORPORATION,  OR
 COMBINATION  TELEPHONE  AND  CABLE  CORPORATION  OR  PERSON TO REMIT ANY
 PENALTY ASSESSED BY THE COMMISSION PURSUANT TO THIS SECTION, THE COMMIS-
 SION, THROUGH ITS COUNSEL, MAY INSTITUTE AN ACTION OR SPECIAL PROCEEDING
 TO COLLECT THE PENALTY IN A COURT OF COMPETENT JURISDICTION.
   9. ANY PAYMENT MADE BY A TELEPHONE CORPORATION, CABLE CORPORATION,  OR
 COMBINATION  TELEPHONE AND CABLE CORPORATION OR PERSON AND THE OFFICERS,
 AGENTS AND EMPLOYEES THEREOF AS A RESULT OF AN ASSESSMENT AS PROVIDED IN
 THIS SECTION, AND THE COST OF LITIGATION AND  INVESTIGATION  RELATED  TO
 ANY SUCH ASSESSMENT, SHALL NOT BE RECOVERABLE FROM RATEPAYERS, SUBSCRIB-
 ERS, OR CUSTOMERS.
   10.  IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS CHAPTER RELAT-
 ING TO PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF
 A TELEPHONE CORPORATION, CABLE CORPORATION, OR COMBINATION TELEPHONE AND
 CABLE CORPORATION OR PERSON ACTING WITHIN THE SCOPE OF HIS OR HER  OFFI-
 CIAL  DUTIES  OR  EMPLOYMENT SHALL BE DEEMED TO BE THE ACT OF SUCH TELE-
 PHONE CORPORATION, CABLE CORPORATION, OR COMBINATION TELEPHONE AND CABLE
 CORPORATION.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately.