S T A T E O F N E W Y O R K
________________________________________________________________________
1365
2021-2022 Regular Sessions
I N S E N A T E
January 11, 2021
___________
Introduced by Sen. SERRANO -- 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 limiting certain
charging practices by companies that provide prepaid telephone calling
cards and increasing fines for violations of limitation requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 92-f of the public service law is amended by adding
a new subdivision 4-a to read as follows:
4-A. NO COMPANY THAT PROVIDES PREPAID CALLING SERVICES THROUGH PREPAID
CALLING CARDS SHALL:
A. CALCULATE USAGE CHARGES BY ROUNDING UP BEYOND THE NEXT MINUTE FOR
TELEPHONE PHONE CALLS;
B. CHARGE MINUTES FOR UNCONNECTED TELEPHONE PHONE CALLS, INCLUDING
CALLS THAT ARE DROPPED OR TO WHICH THERE IS NO ANSWER OR A BUSY SIGNAL;
C. PUBLICIZE OR DISPLAY ADVERTISEMENTS STATING THAT THERE IS NO
CONNECTION FEE ASSOCIATED WITH A PLAN OR CALLING CARD IF THERE IS A
DISCONNECTION FEE ASSOCIATED WITH THE PLAN OR CALLING CARD.
§ 2. Subdivision 8 of section 92-f of the public service law, as
added by chapter 651 of the laws of 1999, is amended to read as follows:
8. Enforcement. The commission shall have the power, consistent with
federal law, to assess a penalty not to exceed [one] FIVE thousand
dollars against any company that provides prepaid calling cards or
services that knowingly fails or neglects to comply with any provision
of this section or any regulation or order of the commission implement-
ing or enforcing the provisions of this section FOR A FIRST VIOLATION
AND TEN THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION. All
moneys recovered from any administrative penalty shall be paid into the
state treasury to the credit of the general fund.
§ 3. This act shall take effect on the one hundred twentieth day
after it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03272-01-1