S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1444
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
   ABINANTI, BENEDETTO, COLTON,  CUSICK,  DINOWITZ,  ENGLEBRIGHT,  GALEF,
   GOTTFRIED,  GUNTHER,  MAGNARELLI,  McDONOUGH, MONTESANO, PERRY, RODRI-
   GUEZ, L. ROSENTHAL, THIELE, ZEBROWSKI -- read once and referred to the
   Committee on Corporations, Authorities and Commissions

 AN ACT to amend the public service law and the general business law,  in
   relation to telecommunications and cable 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 17 to read as follows:
   17. (A) EVERY TELECOMMUNICATION  CORPORATION  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,  DIRECTORY  ASSISTANCE BUREAUS AND CALL
 COMPLETION SERVICES FOR THE FOLLOWING:
   (1) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY;
   (2) 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;
   (3) DETERMINING DEPOSIT REQUIRED OR BILLING RATE;
   (4) PREPARING INSTALLATION AND REPAIR  SERVICE  ORDERS  AND  OBTAINING
 ACCESS TO SUBSCRIBER'S PREMISES;
   (5)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
 EQUIPMENT AND COMMON PRACTICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01254-01-1
              

 A. 1444                             2
 
   (6) INVESTIGATING TROUBLE ORDER FORMS AND INITIATING HIGH BILL  INVES-
 TIGATIONS;
   (7)  HANDLING  PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS OBTAINING
 DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS; AND
   (8) AIDING CUSTOMERS WITH INTERNAL ASSISTANCE PROGRAMS.
   (B) NO TELECOMMUNICATION CORPORATION 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  THIS STATE OR OUTSIDE OF THIS STATE WITHOUT NOTICE AND HEARING
 BEFORE THE COMMISSION. HOWEVER, AT NO  TIME  SHALL  A  TELECOMMUNICATION
 CORPORATION  PERMANENTLY  TRANSFER MORE THAN .7 PERCENT OF JOBS FROM ANY
 CALL CENTER DESCRIBED ABOVE TO ANOTHER AREA OF THIS STATE OR OUTSIDE  OF
 THE  STATE  AND  A  VALID  COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT
 CONTRACT THAT GOVERNS PERMANENT TRANSFER PERCENTAGES OF CALL CENTER JOBS
 SHALL SUPERSEDE THE .7 PERCENT JOB TRANSFER RATE DESCRIBED ABOVE.
   (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHEREBY
 UTILITY COMPANY POLICY SUCH DEBT IS DIRECTED TO A COLLECTION  AGENCY  OR
 SIMILAR SERVICE COMPANIES OR WHERE THE ATTENDANCE OF CALL CENTER EMPLOY-
 EES  IS  LESS THAN NINETY PERCENT IN ANY GIVEN MONTH, THIS SECTION SHALL
 NOT APPLY FOR THE FOLLOWING MONTH. ATTENDANCE FOR THIS SECTION SHALL  BE
 DEFINED  WHEN AN EMPLOYEE IS EXPECTED TO REPORT TO WORK AS SCHEDULED. IF
 A COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT DEFINES ATTEND-
 ANCE THEN THAT SHALL SUPERSEDE THE DEFINITION ABOVE. IF ATTENDANCE FALLS
 BELOW NINETY PERCENT AS A DIRECT RESULT OF  THE  CORPORATION  THEN  THIS
 SECTION SHALL APPLY.
   § 2. The general business law is amended by adding a new section 394-f
 to read as follows:
   §  394-F.  CABLE COMPANY CALL CENTERS. (A) EVERY CABLE CORPORATION 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,  DIRECTORY  ASSISTANCE
 BUREAUS AND CALL COMPLETION SERVICES FOR THE FOLLOWING:
   (1) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY;
   (2) 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;
   (3) DETERMINING DEPOSIT REQUIRED OR BILLING RATE;
   (4)  PREPARING  INSTALLATION  AND  REPAIR SERVICE ORDERS AND OBTAINING
 ACCESS TO SUBSCRIBER'S PREMISES;
   (5)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
 EQUIPMENT AND COMMON PRACTICES;
   (6)  INVESTIGATING TROUBLE ORDER FORMS AND INITIATING HIGH BILL INVES-
 TIGATIONS;
   (7) HANDLING PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH  AS  OBTAINING
 DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS; AND
   (8) AIDING CUSTOMERS WITH INTERNAL ASSISTANCE PROGRAMS.
   (B)  NO  CABLE CORPORATION SHALL CLOSE A CALL CENTER OR OTHER FACILITY
 PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN SUBDIVISION (A)  OF  THIS
 SECTION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF NEW YORK
 STATE  OR  OUTSIDE  OF  THIS STATE WITHOUT NOTICE AND HEARING BEFORE THE
 COMMISSION. HOWEVER, AT NO TIME SHALL A  CABLE  CORPORATION  PERMANENTLY

 A. 1444                             3
 
 TRANSFER  MORE  THAN  .7  PERCENT OF JOBS FROM ANY CALL CENTER DESCRIBED
 ABOVE TO ANOTHER AREA OF THIS STATE OR OUTSIDE OF THE STATE AND A  VALID
 COLLECTIVE  BARGAINING  AGREEMENT  OR  EMPLOYMENT  CONTRACT THAT GOVERNS
 PERMANENT  TRANSFER  PERCENTAGES OF CALL CENTER JOBS SHALL SUPERSEDE THE
 .7 PERCENT JOB TRANSFER RATE DESCRIBED ABOVE.
   (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHEREBY
 UTILITY COMPANY POLICY SUCH DEBT IS DIRECTED TO A COLLECTION  AGENCY  OR
 SIMILAR SERVICE COMPANIES OR WHERE THE ATTENDANCE OF CALL CENTER EMPLOY-
 EES  IS  LESS  THAN NINETY PERCENT IN ANY GIVEN MONTH THIS SECTION SHALL
 NOT APPLY FOR THE FOLLOWING MONTH. ATTENDANCE FOR THIS SECTION SHALL  BE
 DEFINED  WHEN AN EMPLOYEE IS EXPECTED TO REPORT TO WORK AS SCHEDULED. IF
 A COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT DEFINES ATTEND-
 ANCE THEN THAT SHALL SUPERSEDE THE DEFINITION ABOVE. IF ATTENDANCE FALLS
 BELOW NINETY PERCENT AS A DIRECT RESULT OF  THE  CORPORATION  THEN  THIS
 SECTION SHALL APPLY.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.