BILL NUMBER: S5782A

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the public service law, in relation to
commercial mobile radio and cellular telephone service providers

 
PURPOSE:

This legislation would give the New York State Public Service Commission
authority to grant eligible telecommunications carrier (ETC) desig-
nations to wireless telecommunications providers - an authority the
Commission had previously.

 
SUMMARY OF PROVISIONS:

Subdivision 6 of section 5 of the public service law is amended to allow
for the designation of wireless telecommunications providers as eligible
telecommunications carriers for the purpose of providing wireless life-
line services.

 
              

JUSTIFICATION:

The Lifeline program provides subsidized telecommunications services to
low-income individuals. The purpose of the program is to give these
people the ability to connect with jobs, emergency services, coordinate
childcare, and other critical daily functions. Providers of telecommuni-
cations services that opt-into this program are paid a set rate per
customer for these services. In order to participate in the Lifeline
program, a telecommunications company must be designated as an Eligible
Telecommunications Carrier (ETC).

In 1997, the New York State Legislature enacted legislation that would
hand over regulatory oversight for the wireless telecommunications and
broadband industries to the Federal Communications Commission

- while maintaining their jurisdiction over wireline telecommunications.
States were encouraged to do this after the passage of the federal Tele-
communications Act of 1996 to better centralize wireless regulation
nationwide. As a result of this abdication of authority, providers wish-
ing to be designated as an ETC in New York for wireless service must
apply directly to the Federal Communications Commission.

Recently, the Federal Communications Commission has changed their policy
on awarding ETC designations, for reasons many believe to be on ideolog-
ical grounds. Because of this, they have effectively stopped any new
ETCs from entering the market, leaving low-income residents in states
like New York at risk. This legislation would give back the authority to
designated ETCs for wireless telecommunications services to the New York
State Public Service Commission in order to ensure low-income New York-
ers have access to the all essentials services available under the Life-
line program.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.