NY State Senate Bill 2021-S4825A

Senate Bill S4825A

2021-2022 Legislative Session

Relates to requiring telephone companies to alert customers to replace telephone backup battery units and to provide one backup battery unit to each customer every three years

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2022	print number 4825a
Mar 15, 2022	amend and recommit to energy and telecommunications
Jan 05, 2022	referred to energy and telecommunications
Feb 12, 2021	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2021-S4825 - Details

See Assembly Version of this Bill:: A338
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §104-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10643
2023-2024: A4587

2021-S4825 - Summary

Requires telephone companies to disclose information to subscribers regarding the backup power solution for their voice service equipment.

2021-S4825 - Sponsor Memo

                                
 
BILL NUMBER: S4825

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require regulated telephone corporations to provide customers with a
notice detailing the need to replace back up battery units.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends article 5 of the public service law by adding a new
section 104 to require any regulated telephone corporation provide
customers, at least annually, a notice with information about service
limitations with and without backup power, purchase and replacement

information, expected backup power duration, proper usage and storage,
suggestions on how to maximize backup power during a prolonged power
outage, and backup power self-testing and self-monitoring instructions.
The Public Service Commission (PSC) shall promulgate rules and regu-
lations regarding the content and form of the written notice, and estab-
lish procedures to assure that customers receiving phone service from
one company who have a backup power solution provided by another tele-
phone company will receive the notice. The disclosure required by the
Federal Communications Commission may satisfy the notice requirement
provided it complies with the PSC requirements rules and regulations
regarding format.

Section 2 provides the effective date.

 
JUSTIFICATION:

In efforts to provide more efficient service to customers, telecommuni-
cation corporations have begun switching from copper-based telephone
lines to fiber optic-based lines. Some of the benefits to using fiber
optic lines over copper lines include the fact that they are less expen-
sive to install; they do not break down as easily and are also less
susceptible to damage from environmental factors such as temperature and
electromagnetic fluctuations; and they offer enhanced performance capa-
bilities, for instance faster speeds and lower rates o f signal loss.
However, the use of fiber optic lines does present certain consider-
ations.  One significant issue is a customer's inability to use their
telephone in the event of a power outage. During an outage, a phone
connected to a copper wire line will continue to work.

However, a phone connected to a fiber optic line will only work during
an outage if a customer has a back-up battery. The phone would continue
to work until the battery runs out of power. This situation is especial-
ly problematic for individuals who rely solely on landline phone
service, such as the elderly, and for those who rely on their landline
at home for work purposes, such as doctors who use their phone to
connect with patients when they are out of the office. This bill would
require regulated telephone corporations to provide customers with a
notice, at least annually, that informs them that their phone will not
work in a power outage and provides details about backup power
solutions, including purchase and replacement information and how to
maximize backup power during an outage. This will ensure that customers
are aware that their phone will not work during a power outage and can
make sure they have a backup power solution. The yearly notice will
remind customers to test their backup power source and replace any
batteries, if needed. The legislation does not mandate how this notice
shall be provided. A covered corporation is permitted to provide the
information in hardcopy format or through electronic means, but if the
corporation opts to provide these notices electronically, it must first
obtain the customer's approval.

 
PRIOR LEGISLATIVE HISTORY:

2020: A.10643A, amended and recommitted to corporations, authorities and
commissions.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
One year after it shall have become a law and shall expire and be deemed
repealed December 31, 2025.

2021-S4825 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4825
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 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.

                                                            LBD02121-01-1

 S. 4825                             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, 2026.

2021-S4825A (ACTIVE) - Details

See Assembly Version of this Bill:: A338
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §104-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10643
2023-2024: A4587

2021-S4825A (ACTIVE) - Summary

Requires telephone companies to disclose information to subscribers regarding the backup power solution for their voice service equipment.

2021-S4825A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4825A

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require regulated telephone corporations to provide customers with a
notice detailing the need to replace back up battery units.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends article 5 of the public service law by adding a new
section 104 to require any regulated telephone corporation provide
customers, at least annually, a notice with information about service
limitations with and without backup power, purchase and replacement
information, expected backup power duration, proper usage and storage,

suggestions on how to maximize backup power during a prolonged power
outage, and backup power self-testing and self-monitoring instructions.
The Public Service Commission (PSC) shall promulgate rules and regu-
lations regarding the content and form of the written notice, and estab-
lish procedures to assure that customers receiving phone service from
one company who have a backup power solution provided by another tele-
phone company will receive the notice. The disclosure required by the
Federal Communications Commission may satisfy the notice requirement
provided it complies with the PSC requirements rules and regulations
regarding format.

Section 2 provides the effective date.

 
JUSTIFICATION:

In efforts to provide more efficient service to customers, telecommuni-
cation corporations have begun switching from copper-based telephone
lines to fiber optic-based lines. Some of the benefits to using fiber
optic lines over copper lines include the fact that they are less expen-
sive to install; they do not break down as easily and are also less
susceptible to damage from environmental factors such as temperature and
electromagnetic fluctuations; and they offer enhanced performance capa-
bilities, for instance faster speeds and lower rates o f signal loss.
However, the use of fiber optic lines does present certain consider-
ations. One significant issue is a customer's inability to use their
telephone in the event of a power outage. During an outage, a phone
connected to a copper wire line will continue to work.

However, a phone connected to a fiber optic line will only work during
an outage if a customer has a back-up battery. The phone would continue
to work until the battery runs out of power. This situation is especial-
ly problematic for individuals who rely solely on landline phone
service, such as the elderly, and for those who rely on their landline
at home for work purposes, such as doctors who use their phone to
connect with patients when they are out of the office. This bill would
require regulated telephone corporations to provide customers with a
notice, at least annually, that informs them that their phone will not
work in a power outage and provides details about backup power
solutions, including purchase and replacement information and how to
maximize backup power during an outage. This will ensure that customers
are aware that their phone will not work during a power outage and can
make sure they have a backup power solution. The yearly notice will
remind customers to test their backup power source and replace any
batteries, if needed. The legislation does not mandate how this notice
shall be provided. A covered corporation is permitted to provide the
information in hardcopy format or through electronic means, but if the
corporation opts to provide these notices electronically, it must first
obtain the customer's approval.

 
PRIOR LEGISLATIVE HISTORY:

2020: A.10643A, amended and recommitted to corporations, authorities and
commissions.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
One year after it shall have become a law and shall expire and be deemed
repealed December 31, 2025.

2021-S4825A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4825--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  recommitted  to  the Committee on Energy and Telecommuni-
   cations in  accordance  with  Senate  Rule  6,  sec.  8  --  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-a to read as follows:
   §  104-A.    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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02121-04-2
 S. 4825--A                          2

 
   (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.
    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, 2026.

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