Senate Bill S5524

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5524
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the general business law, in relation to establishing a
   moratorium  prohibiting  certain  broadband  terminations  or  discon-
   nections during a state disaster emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-zzzzz to read as follows:
   § 399-ZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR  DISCON-
 NECTIONS.  1.  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "BROADBAND
 SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPA-
 BILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM  ALL  OR  SUBSTANTIALLY
 ALL  INTERNET  ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL
 TO AND ENABLE THE OPERATION OF THE  COMMUNICATIONS  SERVICE,  AND  SHALL
 INCLUDE  SERVICE PROVIDED BY COMMERCIAL MOBILE TELEPHONE SERVICE PROVID-
 ERS, BUT SHALL NOT INCLUDE DIAL-UP SERVICE.
   2. NO PERSON, BUSINESS, CORPORATION,  OR  THEIR  AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE
 OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A  RESIDEN-
 TIAL  SERVICE  CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR
 FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY
 THEREOF, (II) SEASONAL, SHORT-TERM,  OR  TEMPORARY  CUSTOMER,  OR  (III)
 CUSTOMER  THAT  THE  BROADBAND  SERVICE PROVIDER CAN DEMONSTRATE HAS THE
 RESOURCES TO PAY THE BILL, PROVIDED THAT THE BROADBAND SERVICE  PROVIDER
 NOTIFIES  THE  SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM-
 ER'S RIGHT  TO  CONTEST  THIS  DETERMINATION  THROUGH  THE  COMMISSION'S
 COMPLAINT  PROCEDURES,  FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE
 DURATION OF A STATE DISASTER  EMERGENCY  DECLARED  PURSUANT  TO  SECTION
 TWENTY-EIGHT  OF  THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09903-02-1

 S. 5524                             2
 
 GLOBAL EVENT THAT IS DEEMED TO RESULT  IN  A  SIGNIFICANT  NEGATIVE  AND
 LONG-TERM  IMPACT  ON THE STATE'S ECONOMIC FUTURE. SUCH PERSONS OR ENTI-
 TIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO  THE  EXTENT  NOT  ALREADY
 REQUIRED,  AT  THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER
 WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING  THE
 PENDENCY  OF  THE  STATE  DISASTER  EMERGENCY  AND DISCONNECTION OF SUCH
 SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE.
   3. NO PERSON, BUSINESS, CORPORATION,  OR  THEIR  AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE
 OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A  RESIDEN-
 TIAL  OR  SMALL  BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED
 PAYMENT AGREEMENTS OR ARREARS THEN OWED TO SUCH PERSONS OR ENTITIES WHEN
 SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO
 A STATE DISASTER EMERGENCY AS SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
 SECTION. THE PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING  TO  PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE SHALL PROVIDE
 SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER  WITH  THE  RIGHT  TO  ENTER
 INTO,  OR  RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE
 PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW WITHOUT THE REQUIRE-
 MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH  SUCH  PROHIBITION
 ON  DOWN  PAYMENTS,  LATE  FEES,  OR PENALTIES APPLICABLE TO ALL ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE SHALL PROVIDE
 NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN  A  WRITING  TO  BE
 INCLUDED  WITH  A  BILL  STATEMENT  OR, WHEN APPROPRIATE, VIA ELECTRONIC
 TRANSMISSION THE PROVISIONS OF  THIS  SECTION  AND  SHALL  FURTHER  MAKE
 REASONABLE  EFFORTS  TO CONTACT CUSTOMERS WHO HAVE CERTIFIED A CHANGE IN
 FINANCIAL CIRCUMSTANCES DUE TO A STATE DISASTER EMERGENCY AS  SET  FORTH
 IN  SUBDIVISION  TWO  OF  THIS  SECTION FOR THE PURPOSE OF OFFERING SUCH
 CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF
 ARTICLE TWO OF THE PUBLIC SERVICE LAW.
   5. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
 A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE BROADBAND SERVICE IN NEW YORK  STATE  FROM  RECOVERING  LOST  OR
 DEFERRED  REVENUES  AFTER  THE LIFTING OR EXPIRATION OF A STATE DISASTER
 EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION,  PURSUANT  TO
 SUCH  MEANS  FOR  RECOVERY  BY  MEANS  NOT  INCONSISTENT WITH ANY OF THE
 PROVISIONS OF THIS SECTION. NOTHING IN THIS  SECTION  SHALL  PROHIBIT  A
 PERSON,  BUSINESS,  CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM  DISCONNECTING  SERVICE
 AT  THE  REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL PROHIBIT A
 PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR  SEEKING  TO
 PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE
 WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF  CUSTOMERS  AND
 THE  PUBLIC,  PROVIDED  HOWEVER  THE  CUSTOMER  MAY  CONTEST THE SERVICE
 DISCONNECTION THROUGH A PROCESS TO BE CREATED BY THE COMPANY.
   6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
 VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
 JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
 INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
 RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY

 S. 5524                             3
 
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS PER VIOLATION. IN  CONNECTION  WITH  ANY  SUCH
 PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately; provided,  however,  that
 this  act  shall be applicable to relevant executive orders issued on or
 after the effective date of this act.