The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  268--A
                                                          Cal. No. 78
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  BUTTENSCHON,  LAVINE,  ENGLEBRIGHT,
   CYMBROWITZ, GRIFFIN,  GOTTFRIED,  DINOWITZ,  STERN,  CRUZ,  ZEBROWSKI,
   COLTON,  J. RIVERA, LUPARDO, JEAN-PIERRE, THIELE, BRABENEC, MONTESANO,
   SCHMITT, BYRNE,  REILLY,  SMULLEN,  McDONOUGH,  COOK,  GALEF,  SAYEGH,
   REYES,  WALCZYK,  HYNDMAN,  ABINANTI, NIOU, OTIS, ZINERMAN, DeSTEFANO,
   BARRON -- Multi-Sponsored by -- M. of A. HEVESI, MANKTELOW,  SIMON  --
   read  once  and  referred  to  the  Committee  on Consumer Affairs and
   Protection -- reported from committee, advanced to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading
 
 AN ACT to amend the general business law, in  relation  to  telecommuni-
   cation companies blocking certain numbers
 
   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-z-1 to read as follows:
   § 399-Z-1. TELECOMMUNICATION COMPANIES BLOCKING CERTAIN NUMBERS. 1. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   A. "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED BY A
 CALLER IDENTIFICATION SERVICE REGARDING THE  TELEPHONE  NUMBER  AND  THE
 NAME OF THE PERSON CALLING;
   B. "CALLER IDENTIFICATION SERVICE" MEANS A SERVICE THAT ALLOWS A TELE-
 PHONE  SUBSCRIBER  TO  HAVE  THE TELEPHONE NUMBER, AND, WHERE AVAILABLE,
 NAME OF THE CALLING PARTY TRANSMITTED CONTEMPORANEOUSLY WITH  THE  TELE-
 PHONE  CALL,  AND DISPLAYED ON A DEVICE IN OR CONNECTED TO THE SUBSCRIB-
 ER'S TELEPHONE;
   C. "POOLING ADMINISTRATOR" MEANS THE THOUSANDS-BLOCK POOLING  ADMINIS-
 TRATOR AS IDENTIFIED IN 47 C.F.R. § 52.20; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01889-02-1

 A. 268--A                           2
 
   D.  "PROVIDER"  MEANS  A TELECOMMUNICATION COMPANY THAT PROVIDES VOICE
 COMMUNICATIONS SERVICES TO CUSTOMERS IN THIS STATE.
   2.  CONSISTENT WITH AUTHORIZATION PROVIDED BY FEDERAL LAW AND RULES OF
 THE FEDERAL COMMUNICATIONS COMMISSION OR ITS SUCCESSORS:
   A. PROVIDERS SHALL BLOCK A VOICE CALL WHEN THE SUBSCRIBER TO WHICH THE
 ORIGINATING NUMBER IS ASSIGNED HAS REQUESTED THAT  CALLS  PURPORTING  TO
 ORIGINATE  FROM  THAT  NUMBER  BE BLOCKED BECAUSE THE NUMBER IS USED FOR
 INBOUND CALLS ONLY; AND
   B. PROVIDERS SHALL BLOCK CALLS ORIGINATING FROM THE FOLLOWING NUMBERS:
   (I) A NUMBER THAT IS NOT A VALID NORTH AMERICAN NUMBERING PLAN NUMBER;
   (II) A VALID NORTH AMERICAN NUMBERING PLAN NUMBER THAT  IS  NOT  ALLO-
 CATED  TO  A PROVIDER BY THE NORTH AMERICAN NUMBERING PLAN ADMINISTRATOR
 OR THE POOLING ADMINISTRATOR; AND
   (III) A VALID NORTH AMERICAN NUMBERING PLAN NUMBER THAT  IS  ALLOCATED
 TO A PROVIDER BY THE NORTH AMERICAN NUMBER PLAN ADMINISTRATOR OR POOLING
 ADMINISTRATOR, BUT IS UNUSED, SO LONG AS THE PROVIDER BLOCKING THE CALLS
 IS THE ALLOCATEE OF THE NUMBER AND CONFIRMS THAT THE NUMBER IS UNUSED OR
 HAS  OBTAINED  VERIFICATION FROM THE ALLOCATEE THAT THE NUMBER IS UNUSED
 AT THE TIME OF THE BLOCKING.
   C. PROVIDERS SHALL NOT BLOCK A VOICE CALL IF THE CALL IS AN  EMERGENCY
 CALL PLACED TO 911.
   D.  PROVIDERS  SHALL  NOT  BLOCK  A VOICE CALL TO A SUBSCRIBER WHO HAS
 REQUESTED THAT NO INBOUND CALLS BE BLOCKED.
   3. FOR PURPOSES OF BLOCKING CALLS FROM CERTAIN ORIGINATING NUMBERS  AS
 AUTHORIZED IN THIS SECTION, A PROVIDER MAY RELY ON CALLER IDENTIFICATION
 SERVICE INFORMATION TO DETERMINE THE ORIGINATING NUMBER.
   4.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION, A
 VOICE SERVICE PROVIDER SHALL BE CONSIDERED TO BE IN COMPLIANCE WITH THIS
 SECTION AND ANY RULE OR REGULATION ADOPTED THEREUNDER IF  SUCH  PROVIDER
 HAS  FILED  A  CERTIFICATION  WITH THE FEDERAL COMMUNICATIONS COMMISSION
 THAT THE PROVIDER'S TRAFFIC IS EITHER SIGNED WITH STIR/SHAKEN OR SUBJECT
 TO A COMPLIANT ROBOCALL MITIGATION PROGRAM. A COPY OF SUCH CERTIFICATION
 SHALL BE MADE AVAILABLE TO THE ATTORNEY GENERAL OR  THE  PUBLIC  SERVICE
 COMMISSION, UPON REQUEST.
   § 2. This act shall take effect immediately.