Assembly Bill A563

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  563--A
                                                          Cal. No. 37
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. PAULIN, GALEF, JEAN-PIERRE, ABINANTI, DINOWITZ,
   ENGLEBRIGHT, EPSTEIN,  HUNTER,  GOTTFRIED,  McDONOUGH,  REILLY,  COOK,
   STECK, GRIFFIN, OTIS, VANEL, SAYEGH, ZINERMAN -- Multi-Sponsored by --
   M.  of  A.    DeSTEFANO,  MANKTELOW,  SIMON,  THIELE  -- read once and
   referred to the Committee on Corporations, Authorities and Commissions
   -- ordered to a third reading, amended and ordered reprinted,  retain-
   ing its place on the order of third reading
 
 AN ACT to amend the public service law, in relation to requiring certain
   notices  to  be  provided  to  customers  receiving  telephone service
   through fiber optic-based telephone lines
 
   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-a to read as follows:
   § 104-A. NOTICE TO CUSTOMERS ON FIBER OPTIC-BASED TELEPHONE LINES.  1.
 THE  COMMISSION  SHALL  REQUIRE EACH TELEPHONE CORPORATION THAT PROVIDES
 LOCAL EXCHANGE SERVICE TO PROVIDE A  NOTICE  CONTAINING  INFORMATION  TO
 CUSTOMERS  ON  THE  DIFFERENCES BETWEEN COPPER-BASED TELEPHONE LINES AND
 FIBER OPTIC-BASED TELEPHONE LINES PRIOR TO WHEN  SUCH  TELEPHONE  CORPO-
 RATION  INITIATES  A  CHANGE  IN  SUCH CUSTOMER'S TELEPHONE SERVICE FROM
 COPPER-BASED TELEPHONE  LINES  TO  FIBER  OPTIC-BASED  TELEPHONE  LINES.
 EXCEPT (I) IN CASES OF AN EMERGENCY, INCLUDING BUT NOT LIMITED TO RESTO-
 RATION  OR  REPAIR OF SERVICE, OR (II) UPON THE REQUEST OF THE CUSTOMER,
 SUCH NOTICE SHALL BE PROVIDED TO THE CUSTOMER AT LEAST  FORTY-FIVE  DAYS
 BEFORE  SUCH TELEPHONE CORPORATION INITIATES A CHANGE IN SUCH CUSTOMER'S
 TELEPHONE SERVICE FROM COPPER-BASED TELEPHONE LINES TO FIBER OPTIC-BASED
 TELEPHONE LINES.  SUCH NOTICE SHALL INCLUDE, BUT NOT BE LIMITED  TO  THE
 FOLLOWING:  A  DESCRIPTION OF THE DIFFERENCES BETWEEN COPPER-BASED TELE-
 PHONE LINES AND  FIBER  OPTIC-BASED  TELEPHONE  LINES;  THE  DIFFERENCES
 BETWEEN  THE  EFFECT  A POWER OUTAGE WOULD HAVE ON THE TELEPHONE SERVICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02042-02-2
 A. 563--A                           2
 
 PROVIDED BY COPPER-BASED AND FIBER OPTIC-BASED TELEPHONE LINES,  INCLUD-
 ING  THE  AVAILABILITY  OF  BATTERY  BACK-UP  OPTIONS; AN EXPLANATION OF
 WHETHER THE SERVICE WILL CONTINUE TO BE REGULATED BY THE COMMISSION; AND
 A PHONE NUMBER AND CONTACT INFORMATION FOR CUSTOMERS WHO SEEK ADDITIONAL
 INFORMATION OR WISH TO MAKE A COMPLAINT TO THE COMMISSION.
   2.  THE  COMMISSION  SHALL  HAVE  THE  POWER TO PRESCRIBE THE FORM AND
 CONTENT OF THE NOTICE ESTABLISHED PURSUANT TO THIS SECTION. THE  COMMIS-
 SION  MAY  FROM  TIME TO TIME PRESCRIBE, BY ORDER, CHANGES IN THE NOTICE
 THEREOF.  THE COMMISSION SHALL ALSO HAVE POWER TO  ESTABLISH  RULES  AND
 REGULATIONS FOR SUCH NOTICE AND MAY FROM TIME TO TIME MODIFY THE SAME.
   3.  EVERY  TELEPHONE  CORPORATION  SHALL  FILE WITH THE COMMISSION THE
 NOTICE ESTABLISHED PURSUANT TO THIS SECTION AND OBTAIN  APPROVAL  AS  TO
 THE  FORM  AND CONTENT THEREOF PRIOR TO PROVIDING SUCH NOTICE TO CUSTOM-
 ERS.  NOTWITHSTANDING THE FOREGOING, ANY SUCH NOTICE SHALL BE DEEMED  TO
 BE APPROVED BY THE COMMISSION NINETY DAYS AFTER SUCH CORPORATION APPLIES
 TO  THE COMMISSION FOR APPROVAL, UNLESS THE COMMISSION, OR ITS DESIGNEE,
 REJECTS THE NOTICE AND REQUIRES SPECIFIC CHANGES WITHIN SUCH NINETY  DAY
 PERIOD.  UPON  A  MATERIAL CHANGE TO THE FORM AND CONTENT OF AN APPROVED
 NOTICE, A TELEPHONE CORPORATION SHALL AGAIN  FILE  WITH  THE  COMMISSION
 SUCH NOTICE AND OBTAIN APPROVAL PURSUANT TO THIS SECTION. THE COMMISSION
 MAY  ESTABLISH  WHAT  SHALL CONSTITUTE A MATERIAL CHANGE TO THE FORM AND
 CONTENT OF THE NOTICE THAT WOULD NECESSITATE COMMISSION APPROVAL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.