S T A T E O F N E W Y O R K
________________________________________________________________________
10643--A
I N A S S E M B L Y
June 17, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
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 to amend the public service law, in relation to requiring tele-
phone companies to disclose information to subscribers regarding the
backup power solution for their voice service equipment; 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. The public service law is amended by adding a new section
104 to read as follows:
§ 104. CORPORATION DISCLOSURE OBLIGATION CONCERNING BACKUP POWER
SOLUTIONS. 1. AT MINIMUM ANNUALLY, EVERY REGULATED TELEPHONE CORPO-
RATION WHICH HAS PROVIDED A CURRENT SUBSCRIBER WITH A BACKUP POWER
SOLUTION FOR A FACILITIES-BASED, FIXED VOICE SERVICE OFFERED AS RESIDEN-
TIAL SERVICE THAT IS NOT LINE POWERED, PROVIDED BY SUCH CORPORATION,
SHALL PROVIDE SUCH SUBSCRIBER WITH EITHER A WRITTEN NOTICE OR, IF THE
SUBSCRIBER HAS ELECTED, AN ELECTRONIC NOTICE, DISCLOSING THE FOLLOWING
INFORMATION:
(A) SERVICE LIMITATIONS WITH AND WITHOUT BACKUP POWER;
(B) PURCHASE AND REPLACEMENT INFORMATION, INCLUDING COST;
(C) EXPECTED BACKUP POWER DURATION;
(D) PROPER USAGE AND STORAGE CONDITIONS, INCLUDING THE IMPACT ON DURA-
TION OF BACKUP POWER LIFE IF FAILING TO ADHERE TO PROPER USAGE AND STOR-
AGE CONDITIONS;
(E) SUGGESTIONS ON HOW TO MAXIMIZE BACKUP POWER DURING A PROLONGED
POWER OUTAGE; AND
(F) SUBSCRIBER BACKUP POWER SELF-TESTING AND SELF-MONITORING
INSTRUCTIONS.
SUCH NOTICE SHALL BE SENT TO THE SUBSCRIBER SEPARATELY FROM HIS OR
HER MONTHLY BILLING STATEMENTS OR INVOICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16650-04-0
A. 10643--A 2
2.(A) THE COMMISSION MAY PROMULGATE RULES AND REGULATIONS ADDING
ADDITIONAL REQUIREMENTS FOR THE CONTENT OF THE DISCLOSURE AS REQUIRED IN
SUBDIVISION ONE OF THIS SECTION.
(B) THE COMMISSION SHALL FURTHER PROMULGATE RULES AND REGULATIONS
REGARDING THE FORM OF THE WRITTEN NOTICE IN ORDER TO PROMOTE READABILITY
BY REQUIRING THAT THE NOTICE:
(1) BE WRITTEN IN A CLEAR AND COHERENT MANNER;
(2) BE WRITTEN IN AT LEAST ELEVEN-POINT FONT SIZE; AND
(3) WHEREVER PRACTICABLE, USE WORDS WITH COMMON AND EVERYDAY MEANINGS.
3. THE COMMISSION SHALL ESTABLISH PROCEDURES TO ASSURE, TO THE FULLEST
EXTENT PRACTICABLE, THAT RESIDENTIAL SUBSCRIBERS RECEIVING FIXED VOICE
SERVICE FROM ONE TELEPHONE CORPORATION, BUT USING A BACKUP POWER
SOLUTION PROVIDED BY A DIFFERENT TELEPHONE CORPORATION, SHALL RECEIVE
THE NOTICE REQUIRED BY THIS SECTION, OR A SIMILAR NOTICE DETAILING THE
INFORMATION REQUIRED BY THIS SECTION, FROM ONE OF THE PROVIDERS.
4. THE DISCLOSURE REQUIRED BY 47 CFR 9.20(D) MAY SATISFY THE NOTICE
REQUIREMENT OF SUBDIVISION ONE OF THIS SECTION, PROVIDED IT COMPLIES
WITH THE COMMISSION'S RULES AND REGULATIONS REGARDING FORMAT AS REQUIRED
BY PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
§ 2. This act shall take effect one year after it shall have become a
law and shall expire and be deemed repealed December 31, 2025.