The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6207
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law and the general business law,  in
   relation  to  authorizing survivors of domestic violence to be removed
   from phone, cable, and satellite tv contracts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivisions 7 and 8 of section 91 of the public service
 law, subdivision 7 as added by chapter 202  of  the  laws  of  2013  and
 subdivision  8  as added by chapter 186 of the laws of 2019, are amended
 and a new subdivision 13 is added to read as follows:
   7. Every telephone corporation, as defined in this chapter  shall,  at
 its  option:  (a) allow a customer to use a modified or alternative name
 for a directory listing or (b) waive the  otherwise  applicable  charges
 for  a  non-published  telephone  listing,  where  the customer requests
 protection of its identity in connection with the customer's purchase of
 telephone service and the customer is a victim of domestic violence,  as
 defined in section four hundred fifty-nine-a of the social services law,
 and  for  whose  benefit any order of protection, other than a temporary
 order of protection, has been issued by a court of  competent  jurisdic-
 tion.  This  waiver of charges shall be for the duration of the applica-
 ble, non-temporary, order. Any non-published listings provided  in  this
 subdivision  shall  conform  to  all the same requirements of other non-
 published listings. A customer requesting such  an  accommodation  shall
 provide  [a  copy of the order of protection to the applicable telephone
 corporation] AN ATTESTATION IN WRITING OF THEIR ELIGIBILITY AS A  VICTIM
 OF  DOMESTIC  VIOLENCE.  SUCH TELEPHONE CORPORATION MAY NOT REQUIRE SUCH
 CUSTOMER TO DISCLOSE CONFIDENTIAL INFORMATION  OR  DETAILS  RELATING  TO
 SUCH  CUSTOMER'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION
 OF IMPLEMENTING SUCH ACCOMMODATION.  Any customer requesting an accommo-
 dation pursuant to this  subdivision  may  also  request  and  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09720-01-1

 A. 6207                             2
 
 provided,  at  no  cost  to  the customer, a new telephone number within
 fifteen days from the request for such accommodation.    SUCH  TELEPHONE
 CORPORATION  SHALL  DISPOSE OF INFORMATION SUBMITTED BY SUCH CUSTOMER NO
 LATER  THAN  THIRTY DAYS AFTER RECEIVING SUCH INFORMATION IN A MANNER AS
 TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMATION.
   8. Every telephone corporation, as  defined  in  this  chapter,  shall
 allow  a  person  who is under contract including, but not limited to, a
 multi-year contract or bundle contract with such telephone  corporation,
 to  opt-out  of  such  contract without FEE, PENALTY OR charge when such
 person is a victim of domestic violence  and  [requests  to  opt-out  in
 writing.  Such  victim  of domestic violence shall provide to such tele-
 phone corporation any of the following documents, which shall relate  to
 such  domestic  violence,  within six months of the document's issuance:
 (a) a valid domestic violence incident report  form,  as  such  term  is
 defined  in subdivision fifteen of section eight hundred thirty-seven of
 the executive law; (b) a valid police  report;  (c)  a  valid  order  of
 protection;  (d)  a  signed  affidavit from a licensed medical or mental
 health care provider, employee of a court acting within the scope of his
 or her employment, social worker, a rape crisis counselor, as defined in
 section forty-five hundred ten of the civil practice law and  rules,  or
 advocate  acting  on  behalf of an agency that assists domestic violence
 victims] PROVIDES AN ATTESTATION IN WRITING OF THEIR  ELIGIBILITY  AS  A
 VICTIM  OF DOMESTIC VIOLENCE. SUCH TELEPHONE CORPORATION MAY NOT REQUIRE
 SUCH PERSON TO DISCLOSE CONFIDENTIAL INFORMATION OR DETAILS RELATING  TO
 SUCH PERSON'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF
 PERMITTING  SUCH PERSON TO OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH TELE-
 PHONE CORPORATION MAY NOT MAKE RELEASE FROM SUCH CONTRACT CONTINGENT ON:
 (A) MAINTAINING CONTRACTUAL OR BILLING  RESPONSIBILITY  OF  A  SEPARATED
 LINE  WITH  THE  PROVIDER;  (B)  APPROVAL  OF  SEPARATION BY THE PRIMARY
 ACCOUNT HOLDER, IF THE PRIMARY ACCOUNT HOLDER IS NOT THE  PERSON  MAKING
 SUCH REQUEST; (C) A PROHIBITION OR LIMITATION ON NUMBER PORTABILITY OR A
 REQUEST  TO  CHANGE PHONE NUMBERS; OR (D) A PROHIBITION OR LIMITATION ON
 THE SEPARATION OF LINES AS A RESULT OF ARREARS ACCRUED BY  THE  ACCOUNT.
 SUCH  TELEPHONE CORPORATION SHALL RELEASE SUCH PERSON FROM SUCH CONTRACT
 NO LATER THAN SEVEN DAYS AFTER  RECEIVING  SUCH  OPT-OUT  REQUEST.  SUCH
 TELEPHONE  CORPORATION  SHALL  DISPOSE  OF INFORMATION SUBMITTED BY SUCH
 PERSON NO LATER THAN THIRTY DAYS AFTER RECEIVING SUCH INFORMATION  IN  A
 MANNER  AS TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMATION.  A claim for
 opting-out of such contract without charge shall be made in good  faith.
 Such  telephone corporation shall waive the otherwise applicable [charg-
 es] FEE, PENALTY OR CHARGE for such person requesting to opt-out of such
 contract.
   13. EVERY TELEPHONE CORPORATION, AS DEFINED  IN  THIS  CHAPTER,  SHALL
 MAKE  INFORMATION ABOUT THE OPTIONS AND PROCESS DESCRIBED IN SUBDIVISION
 EIGHT OF THIS SECTION READILY AVAILABLE TO CONSUMERS ON THE WEBSITE  AND
 ANY MOBILE APPLICATION OF THE PROVIDER, IN PHYSICAL STORES, AND IN OTHER
 FORMS OF PUBLIC-FACING CONSUMER COMMUNICATION.
   §  2.  Section 399-yy of the general business law, as amended by chap-
 ter 186 of the laws of 2019, is amended to read as follows:
   § 399-yy. Cable television company providing  telephone  services.  1.
 Every cable television company, as defined in section two hundred twelve
 of  the public service law, that provides telephone service to customers
 in New York shall, at its option:  a.  allow  a  customer  WITHOUT  FEE,
 PENALTY  OR CHARGE to use a modified or alternative name for a directory
 listing or b. waive the otherwise applicable charges for a non-published
 telephone listing, where the customer requests protection of its identi-

 A. 6207                             3
 
 ty in connection with the customer's purchase of telephone  service  and
 the  customer  is  a  victim of domestic violence, as defined in section
 four hundred fifty-nine-a of the social services  law[,  and  for  whose
 benefit  any  order  of  protection,  other  than  a  temporary order of
 protection, has been issued by a court of competent  jurisdiction.  This
 waiver  of charges shall be for the duration of the applicable, non-tem-
 porary, order]. Any non-published  listings  provided  in  this  section
 shall  conform to all the same requirements of other non-published list-
 ings. A customer requesting such an accommodation shall provide [a  copy
 of  the  order of protection to the applicable cable television company]
 AN ATTESTATION IN WRITING OF THEIR ELIGIBILITY AS A VICTIM  OF  DOMESTIC
 VIOLENCE. SUCH CABLE TELEVISION COMPANY MAY NOT REQUIRE SUCH CUSTOMER TO
 DISCLOSE CONFIDENTIAL INFORMATION OR DETAILS RELATING TO SUCH CUSTOMER'S
 STATUS  AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF IMPLEMENTING
 SUCH ACCOMMODATION.  Any customer requesting an  accommodation  pursuant
 to  this  section  may also request and shall be provided, at no cost to
 the customer, a new  telephone  number  within  fifteen  days  from  the
 request  for  such  accommodation.   SUCH CABLE TELEVISION COMPANY SHALL
 DISPOSE OF INFORMATION SUBMITTED BY SUCH CUSTOMER NO LATER  THAN  THIRTY
 DAYS  AFTER RECEIVING SUCH INFORMATION IN A MANNER AS TO MAINTAIN CONFI-
 DENTIALITY OF SUCH INFORMATION.
   2. Every cable television company, as defined in section  two  hundred
 twelve  of the public service law, that provides television and/or tele-
 phone service to customers in New York under contract including, but not
 limited to a multi-year contract or bundled  contract  with  such  cable
 television  company,  shall  allow  a person to opt-out of such contract
 without FEE, PENALTY OR charge when such person is a victim of  domestic
 violence  and  [request  to  opt-out in writing. Such victim of domestic
 violence shall provide to such  cable  television  company  any  of  the
 following documents, which shall relate to such domestic violence, with-
 in  six months of the document's issuance: (a) a valid domestic violence
 incident report form, as such term is defined in subdivision fifteen  of
 section  eight  hundred  thirty-seven  of the executive law; (b) a valid
 police report; (c) a valid order of protection; (d) a  signed  affidavit
 from  a  licensed  medical or mental health care provider, employee of a
 court acting within the scope of his or her employment, social worker, a
 rape crisis counselor, as defined in section forty-five hundred  ten  of
 the  civil  practice  law  and rules, or advocate acting on behalf of an
 agency that assists domestic violence victims] PROVIDES  AN  ATTESTATION
 IN  WRITING  OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC VIOLENCE. SUCH
 CABLE TELEVISION COMPANY MAY NOT REQUIRE SUCH PERSON TO DISCLOSE  CONFI-
 DENTIAL  INFORMATION  OR  DETAILS  RELATING TO SUCH PERSON'S STATUS AS A
 VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF PERMITTING SUCH PERSON TO
 OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH CABLE TELEVISION COMPANY MAY NOT
 MAKE RELEASE FROM SUCH CONTRACT CONTINGENT ON:  (A) MAINTAINING CONTRAC-
 TUAL OR BILLING RESPONSIBILITY OF A SEPARATED ACCOUNT  WITH THE  PROVID-
 ER;  (B)  APPROVAL  OF  SEPARATION BY THE PRIMARY ACCOUNT HOLDER, IF THE
 PRIMARY ACCOUNT HOLDER IS NOT THE PERSON MAKING SUCH REQUEST; OR  (C)  A
 PROHIBITION  OR  LIMITATION  ON  THE  SEPARATION  AS A RESULT OF ARREARS
 ACCRUED BY THE ACCOUNT. SUCH CABLE TELEVISION COMPANY SHALL RELEASE SUCH
 PERSON FROM SUCH CONTRACT NO LATER THAN SEVEN DAYS AFTER RECEIVING  SUCH
 OPT-OUT REQUEST. SUCH CABLE TELEVISION COMPANY SHALL DISPOSE OF INFORMA-
 TION  SUBMITTED BY SUCH PERSON NO LATER THAN THIRTY DAYS AFTER RECEIVING
 SUCH INFORMATION IN A MANNER AS  TO  MAINTAIN  CONFIDENTIALITY  OF  SUCH
 INFORMATION.    A  claim  for opting-out of such contract without charge
 shall be made in good faith. Such cable television company  shall  waive

 A. 6207                             4
 
 the  otherwise  applicable  FEE,  PENALTY,  OR  charges  for such person
 requesting to opt-out of such contract.  EVERY CABLE TELEVISION  COMPANY
 SHALL  MAKE  INFORMATION ABOUT THE OPTIONS AND PROCESS DESCRIBED IN THIS
 SECTION  READILY  AVAILABLE  TO  CONSUMERS ON THE WEBSITE AND ANY MOBILE
 APPLICATION OF THE PROVIDER, IN PHYSICAL STORES, AND IN OTHER  FORMS  OF
 PUBLIC-FACING CONSUMER COMMUNICATION.
   §  3. Subdivision 1 of section 399-yyy of the general business law, as
 added by chapter 186 of the laws of 2019, is amended to read as follows:
   1. Every direct broadcast satellite service provider,  as  defined  in
 this  section,  that  provides  television  and/or telephone services to
 customers in New York shall allow a person who is under contract includ-
 ing, but not limited to a multi-year contract or bundled  contract  with
 such  satellite  television company, to opt-out of such contract without
 FEE, PENALTY OR charge when such  a  person  is  a  victim  of  domestic
 violence  and  [requests  to opt-out in writing. Such victim of domestic
 violence shall provide to such satellite television company any  of  the
 following documents, which shall relate to such domestic violence, with-
 in  six months of the document's issuance: (a) a valid domestic violence
 incident report form, as such term is defined in subdivision fifteen  of
 section  eight  hundred  thirty-seven  of the executive law; (b) a valid
 police report; (c) a valid order of protection; (d) a  signed  affidavit
 from  a  licensed  medical or mental health care provider, employee of a
 court acting within the scope of his or her employment, social worker, a
 rape crisis counselor, as defined in section forty-five hundred  ten  of
 the  civil  practice  law  and rules, or advocate acting on behalf of an
 agency that assists domestic violence victims.] PROVIDES AN  ATTESTATION
 IN  WRITING  OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC VIOLENCE. SUCH
 SATELLITE TELEVISION COMPANY MAY NOT REQUIRE  SUCH  PERSON  TO  DISCLOSE
 CONFIDENTIAL  INFORMATION OR DETAILS RELATING TO SUCH PERSON'S STATUS AS
 A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF PERMITTING SUCH  PERSON
 TO  OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH SATELLITE TELEVISION COMPANY
 MAY NOT MAKE RELEASE FROM SUCH CONTRACT CONTINGENT ON:  (A)  MAINTAINING
 CONTRACTUAL  OR  BILLING  RESPONSIBILITY OF A SEPARATED ACCOUNT WITH THE
 PROVIDER; (B) APPROVAL OF SEPARATION BY THE PRIMARY ACCOUNT  HOLDER,  IF
 THE PRIMARY ACCOUNT HOLDER IS NOT THE PERSON MAKING SUCH REQUEST; OR (C)
 A  PROHIBITION  OR  LIMITATION  ON THE SEPARATION AS A RESULT OF ARREARS
 ACCRUED BY THE ACCOUNT. SUCH SATELLITE TELEVISION COMPANY SHALL  RELEASE
 SUCH  PERSON FROM SUCH CONTRACT NO LATER THAN SEVEN DAYS AFTER RECEIVING
 SUCH OPT-OUT REQUEST. SUCH SATELLITE TELEVISION COMPANY SHALL DISPOSE OF
 INFORMATION SUBMITTED BY SUCH PERSON NO LATER THAN 30 DAYS AFTER RECEIV-
 ING SUCH INFORMATION IN A MANNER AS TO MAINTAIN CONFIDENTIALITY OF  SUCH
 INFORMATION.  A  claim  for  opting-out  of such contract without charge
 shall be made in good faith.   Such satellite television  company  shall
 waive  the  otherwise  applicable  [charges] FEE, PENALTY, OR CHARGE for
 such person requesting to opt-out of such  contract.    EVERY  SATELLITE
 TELEVISION  COMPANY SHALL MAKE INFORMATION ABOUT THE OPTIONS AND PROCESS
 DESCRIBED IN THIS SECTION READILY AVAILABLE TO CONSUMERS ON THE  WEBSITE
 AND  ANY  MOBILE APPLICATION OF THE PROVIDER, IN PHYSICAL STORES, AND IN
 OTHER FORMS OF PUBLIC-FACING CONSUMER COMMUNICATION.
   § 4. This act shall take effect immediately.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6207--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, GLICK, SIMON, FORREST, FAHY, FRON-
   TUS, OTIS, QUART -- read once and referred to the Committee on  Corpo-
   rations,  Authorities  and Commissions -- reported and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Codes in accordance with Assembly Rule 3,  sec.  2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the public service law and the general business law,  in
   relation  to  requiring the release of individuals from utility, phone
   and television contracts in instances of  domestic  violence;  and  to
   repeal certain provisions of the public service law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 48-a of the public service law is  REPEALED  and  a
 new section 48-a is added to read as follows:
   §  48-A. UTILITY SERVICES; DOMESTIC VIOLENCE VICTIMS. 1. EVERY UTILITY
 CORPORATION SHALL ALLOW A PERSON WHO IS UNDER  A  SHARED  CONTRACT  WITH
 SUCH UTILITY CORPORATION TO OPT-OUT OF SUCH CONTRACT WITHOUT FEE, PENAL-
 TY  OR  CHARGE  WHEN  SUCH  PERSON  IS A VICTIM OF DOMESTIC VIOLENCE AND
 PROVIDES AN ATTESTATION IN WRITING OF THEIR ELIGIBILITY AS A  VICTIM  OF
 DOMESTIC  VIOLENCE. SUCH UTILITY CORPORATION MAY NOT REQUIRE SUCH PERSON
 TO  DISCLOSE  CONFIDENTIAL  INFORMATION  OR  DETAILS  RELATING  TO  SUCH
 PERSON'S  STATUS  AS  A  VICTIM  OF DOMESTIC VIOLENCE, AS A CONDITION OF
 PERMITTING SUCH PERSON TO OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH UTILI-
 TY CORPORATION MAY NOT MAKE RELEASE FROM SUCH  CONTRACT  CONTINGENT  ON:
 (A)  MAINTAINING  CONTRACTUAL  OR  BILLING RESPONSIBILITY OF A SEPARATED
 ACCOUNT WITH THE PROVIDER; (B) APPROVAL OF SEPARATION BY  THE    PRIMARY
 ACCOUNT  HOLDER,  IF THE PRIMARY ACCOUNT HOLDER IS NOT THE PERSON MAKING
 SUCH REQUEST; OR (C) A PROHIBITION OR LIMITATION ON THE SEPARATION AS  A
 RESULT OF ARREARS ACCRUED BY THE ACCOUNT. SUCH UTILITY CORPORATION SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09720-04-2

 A. 6207--B                          2
 
 RELEASE  SUCH  PERSON  FROM SUCH CONTRACT NO LATER THAN SEVEN DAYS AFTER
 RECEIVING SUCH OPT-OUT REQUEST. SUCH UTILITY CORPORATION  SHALL  DISPOSE
 OF  INFORMATION SUBMITTED BY SUCH PERSON NO LATER THAN THIRTY DAYS AFTER
 RECEIVING SUCH INFORMATION IN A MANNER AS TO MAINTAIN CONFIDENTIALITY OF
 SUCH INFORMATION.
   2.  EVERY UTILITY CORPORATION SHALL MAKE INFORMATION ABOUT THE OPTIONS
 AND PROCESS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION READILY  AVAIL-
 ABLE  TO  CUSTOMERS  ON  THE  WEBSITE AND ANY MOBILE APPLICATION OF SUCH
 UTILITY CORPORATION, AND IN OTHER FORMS OF PUBLIC-FACING CUSTOMER COMMU-
 NICATION.
   3. A COVERED PROVIDER AND ANY OFFICER, DIRECTOR, EMPLOYEE,  VENDOR  OR
 AGENT  THEREOF  SHALL NOT BE SUBJECT TO LIABILITY FOR ANY CLAIMS ARISING
 FROM AN ACTION TAKEN OR OMISSION MADE WITH RESPECT  TO  COMPLIANCE  WITH
 THIS SECTION.
   §  2. The general business law is amended by adding a new section 399-
 cccc to read as follows:
   § 399-CCCC. WIRELESS TELEPHONE SERVICES;  DOMESTIC  VIOLENCE  VICTIMS.
 1. EVERY PROVIDER OF WIRELESS TELEPHONE SERVICE, AS DEFINED IN PARAGRAPH
 (B)  OF  SUBDIVISION  ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THE
 VEHICLE AND TRAFFIC LAW, SHALL ALLOW A PERSON  WHO  IS  UNDER  A  SHARED
 PHONE PLAN CONTRACT WITH SUCH PROVIDER TO OPT-OUT OF SUCH CONTRACT WITH-
 OUT  FEE,  PENALTY  OR  CHARGE  WHEN SUCH PERSON IS A VICTIM OF DOMESTIC
 VIOLENCE AND PROVIDES AN ATTESTATION IN WRITING OF THEIR ELIGIBILITY  AS
 A  VICTIM  OF  DOMESTIC  VIOLENCE.  SUCH  PROVIDER OF WIRELESS TELEPHONE
 SERVICE MAY NOT REQUIRE SUCH PERSON TO DISCLOSE CONFIDENTIAL INFORMATION
 OR DETAILS RELATING TO SUCH PERSON'S STATUS  AS  A  VICTIM  OF  DOMESTIC
 VIOLENCE,  AS  A  CONDITION OF PERMITTING SUCH PERSON TO OPT-OUT OF SUCH
 CONTRACT. FURTHER, SUCH  PROVIDER OF WIRELESS TELEPHONE SERVICE MAY  NOT
 MAKE  RELEASE FROM SUCH CONTRACT CONTINGENT ON: (A) MAINTAINING CONTRAC-
 TUAL OR BILLING RESPONSIBILITY OF A SEPARATED ACCOUNT WITH THE PROVIDER;
 (B) APPROVAL OF  SEPARATION  BY   THE   PRIMARY ACCOUNT HOLDER,  IF  THE
 PRIMARY  ACCOUNT  HOLDER  IS  NOT  THE PERSON MAKING SUCH REQUEST; (C) A
 PROHIBITION OR LIMITATION ON NUMBER PORTABILITY OR A REQUEST  TO  CHANGE
 PHONE  NUMBERS;  OR (D) A PROHIBITION OR  LIMITATION  ON THE  SEPARATION
 AS A RESULT OF ARREARS ACCRUED BY THE ACCOUNT. SUCH PROVIDER OF WIRELESS
 TELEPHONE SERVICE SHALL RELEASE SUCH PERSON FROM SUCH CONTRACT NO  LATER
 THAN  SEVEN  DAYS AFTER RECEIVING SUCH OPT-OUT REQUEST. SUCH PROVIDER OF
 WIRELESS TELEPHONE SERVICE SHALL DISPOSE  OF  INFORMATION  SUBMITTED  BY
 SUCH  PERSON  NO LATER THAN THIRTY DAYS AFTER RECEIVING SUCH INFORMATION
 IN A MANNER AS TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMATION.
   2. EVERY PROVIDER OF WIRELESS TELEPHONE SERVICE SHALL MAKE INFORMATION
 ABOUT THE OPTIONS AND PROCESS  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION  READILY  AVAILABLE  TO  CONSUMERS ON THE WEBSITE AND ANY MOBILE
 APPLICATION OF THE PROVIDER, IN PHYSICAL STORES, AND IN OTHER  FORMS  OF
 PUBLIC-FACING CONSUMER COMMUNICATION.
   3.  A  COVERED PROVIDER AND ANY OFFICER, DIRECTOR, EMPLOYEE, VENDOR OR
 AGENT THEREOF SHALL NOT BE SUBJECT TO LIABILITY FOR ANY  CLAIMS  ARISING
 FROM  AN  ACTION  TAKEN OR OMISSION MADE WITH RESPECT TO COMPLIANCE WITH
 THIS SECTION.
   § 3. Subdivisions 7 and 8 of section 91 of  the  public  service  law,
 subdivision 7 as amended by chapter 202 of the laws of 2013 and subdivi-
 sion  8 as added by chapter 186 of the laws of 2019, are amended and two
 new subdivisions 13 and 14 are added to read as follows:
   7. Every telephone corporation, as defined in this chapter  shall,  at
 its  option:  (a) allow a customer to use a modified or alternative name
 for a directory listing or (b) waive the  otherwise  applicable  charges
 A. 6207--B                          3
 
 for  a  non-published  telephone  listing,  where  the customer requests
 protection of its identity in connection with the customer's purchase of
 telephone service and the customer is a victim of domestic violence,  as
 defined in section four hundred fifty-nine-a of the social services law,
 and  for  whose  benefit any order of protection, other than a temporary
 order of protection, has been issued by a court of  competent  jurisdic-
 tion.  This  waiver of charges shall be for the duration of the applica-
 ble, non-temporary, order. Any non-published listings provided  in  this
 subdivision  shall  conform  to  all the same requirements of other non-
 published listings. A customer requesting such  an  accommodation  shall
 provide  [a  copy of the order of protection to the applicable telephone
 corporation] AN ATTESTATION IN WRITING OF THEIR ELIGIBILITY AS A  VICTIM
 OF  DOMESTIC  VIOLENCE.  SUCH TELEPHONE CORPORATION MAY NOT REQUIRE SUCH
 CUSTOMER TO DISCLOSE CONFIDENTIAL INFORMATION  OR  DETAILS  RELATING  TO
 SUCH  CUSTOMER'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION
 OF IMPLEMENTING SUCH ACCOMMODATION. Any customer requesting an  accommo-
 dation  pursuant  to  this  subdivision  may  also  request and shall be
 provided, at no cost to the customer,  a  new  telephone  number  within
 fifteen  days  from  the  request for such accommodation. SUCH TELEPHONE
 CORPORATION SHALL DISPOSE OF INFORMATION SUBMITTED BY SUCH  CUSTOMER  NO
 LATER  THAN  THIRTY DAYS AFTER RECEIVING SUCH INFORMATION IN A MANNER AS
 TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMATION.
   8. Every telephone corporation, as  defined  in  this  chapter,  shall
 allow  a  person  who is under contract including, but not limited to, a
 multi-year contract or bundle contract with such telephone  corporation,
 to  opt-out  of  such  contract without FEE, PENALTY OR charge when such
 person is a victim of domestic violence  and  [requests  to  opt-out  in
 writing.  Such  victim  of domestic violence shall provide to such tele-
 phone corporation any of the following documents, which shall relate  to
 such  domestic  violence,  within six months of the document's issuance:
 (a) a valid domestic violence incident report  form,  as  such  term  is
 defined  in subdivision fifteen of section eight hundred thirty-seven of
 the executive law; (b) a valid police  report;  (c)  a  valid  order  of
 protection;  (d)  a  signed  affidavit from a licensed medical or mental
 health care provider, employee of a court acting within the scope of his
 or her employment, social worker, a rape crisis counselor, as defined in
 section forty-five hundred ten of the civil practice law and  rules,  or
 advocate  acting  on  behalf of an agency that assists domestic violence
 victims] PROVIDES AN ATTESTATION IN WRITING OF THEIR  ELIGIBILITY  AS  A
 VICTIM  OF DOMESTIC VIOLENCE. SUCH TELEPHONE CORPORATION MAY NOT REQUIRE
 SUCH PERSON TO DISCLOSE CONFIDENTIAL INFORMATION OR DETAILS RELATING  TO
 SUCH PERSON'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF
 PERMITTING  SUCH PERSON TO OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH TELE-
 PHONE CORPORATION MAY NOT MAKE RELEASE FROM SUCH CONTRACT CONTINGENT ON:
 (A) MAINTAINING CONTRACTUAL OR BILLING  RESPONSIBILITY  OF  A  SEPARATED
 LINE  WITH  THE  PROVIDER;  (B)  APPROVAL  OF  SEPARATION BY THE PRIMARY
 ACCOUNT HOLDER, IF THE PRIMARY ACCOUNT HOLDER IS NOT THE  PERSON  MAKING
 SUCH REQUEST; (C) A PROHIBITION OR LIMITATION ON NUMBER PORTABILITY OR A
 REQUEST  TO  CHANGE PHONE NUMBERS; OR (D) A PROHIBITION OR LIMITATION ON
 THE SEPARATION OF LINES AS A RESULT OF ARREARS ACCRUED BY  THE  ACCOUNT.
 SUCH  TELEPHONE CORPORATION SHALL RELEASE SUCH PERSON FROM SUCH CONTRACT
 NO LATER THAN SEVEN DAYS AFTER  RECEIVING  SUCH  OPT-OUT  REQUEST.  SUCH
 TELEPHONE  CORPORATION  SHALL  DISPOSE  OF INFORMATION SUBMITTED BY SUCH
 PERSON NO LATER THAN THIRTY DAYS AFTER RECEIVING SUCH INFORMATION  IN  A
 MANNER  AS  TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMATION. A claim for
 opting-out of such contract without charge shall be made in good  faith.
 A. 6207--B                          4
 
 Such  telephone corporation shall waive the otherwise applicable [charg-
 es] FEE, PENALTY OR CHARGE for such person requesting to opt-out of such
 contract.
   13.  EVERY  TELEPHONE  CORPORATION,  AS DEFINED IN THIS CHAPTER, SHALL
 MAKE INFORMATION ABOUT THE OPTIONS AND PROCESS DESCRIBED IN  SUBDIVISION
 EIGHT  OF THIS SECTION READILY AVAILABLE TO CONSUMERS ON THE WEBSITE AND
 ANY MOBILE APPLICATION OF THE PROVIDER, IN PHYSICAL STORES, AND IN OTHER
 FORMS OF PUBLIC-FACING CONSUMER COMMUNICATION.
   14. A COVERED PROVIDER AND ANY OFFICER, DIRECTOR, EMPLOYEE, VENDOR  OR
 AGENT  THEREOF  SHALL NOT BE SUBJECT TO LIABILITY FOR ANY CLAIMS ARISING
 FROM AN ACTION TAKEN OR OMISSION MADE WITH RESPECT  TO  COMPLIANCE  WITH
 SUBDIVISIONS SEVEN, EIGHT OR THIRTEEN OF THIS SECTION.
   § 4. Section 399-yy of the general business law, as amended by chapter
 186 of the laws of 2019, is amended to read as follows:
   §  399-yy.  Cable  television company providing telephone services. 1.
 Every cable television company, as defined in section two hundred twelve
 of the public service law, that provides telephone service to  customers
 in  New  York  shall,  at  its  option: a. allow a customer WITHOUT FEE,
 PENALTY OR CHARGE to use a modified or alternative name for a  directory
 listing or b. waive the otherwise applicable charges for a non-published
 telephone listing, where the customer requests protection of its identi-
 ty  in  connection with the customer's purchase of telephone service and
 the customer is a victim of domestic violence,  as  defined  in  section
 four  hundred  fifty-nine-a  of  the social services law[, and for whose
 benefit any order  of  protection,  other  than  a  temporary  order  of
 protection,  has  been issued by a court of competent jurisdiction. This
 waiver of charges shall be for the duration of the applicable,  non-tem-
 porary,  order].  Any  non-published  listings  provided in this section
 shall conform to all the same requirements of other non-published  list-
 ings.  A customer requesting such an accommodation shall provide [a copy
 of the order of protection to the applicable cable  television  company]
 AN  ATTESTATION  IN WRITING OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC
 VIOLENCE. SUCH CABLE TELEVISION COMPANY MAY NOT REQUIRE SUCH CUSTOMER TO
 DISCLOSE CONFIDENTIAL INFORMATION OR DETAILS RELATING TO SUCH CUSTOMER'S
 STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF  IMPLEMENTING
 SUCH ACCOMMODATION. Any customer requesting an accommodation pursuant to
 this  section  may also request and shall be provided, at no cost to the
 customer, a new telephone number within fifteen days  from  the  request
 for  such accommodation.  SUCH CABLE TELEVISION COMPANY SHALL DISPOSE OF
 INFORMATION SUBMITTED BY SUCH CUSTOMER NO LATER THAN THIRTY  DAYS  AFTER
 RECEIVING SUCH INFORMATION IN A MANNER AS TO MAINTAIN CONFIDENTIALITY OF
 SUCH INFORMATION.
   2.  Every  cable television company, as defined in section two hundred
 twelve of the public service law, that provides television and/or  tele-
 phone service to customers in New York under contract including, but not
 limited  to  a  multi-year  contract or bundled contract with such cable
 television company, shall allow a person to  opt-out  of  such  contract
 without  FEE, PENALTY OR charge when such person is a victim of domestic
 violence and [request to opt-out in writing.  Such  victim  of  domestic
 violence  shall  provide  to  such  cable  television company any of the
 following documents, which shall relate to such domestic violence, with-
 in six months of the document's issuance: (a) a valid domestic  violence
 incident  report form, as such term is defined in subdivision fifteen of
 section eight hundred thirty-seven of the executive  law;  (b)  a  valid
 police  report;  (c) a valid order of protection; (d) a signed affidavit
 from a licensed medical or mental health care provider,  employee  of  a
 A. 6207--B                          5

 court acting within the scope of his or her employment, social worker, a
 rape  crisis  counselor, as defined in section forty-five hundred ten of
 the civil practice law and rules, or advocate acting  on  behalf  of  an
 agency  that  assists domestic violence victims] PROVIDES AN ATTESTATION
 IN WRITING OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC  VIOLENCE.  SUCH
 CABLE  TELEVISION COMPANY MAY NOT REQUIRE SUCH PERSON TO DISCLOSE CONFI-
 DENTIAL INFORMATION OR DETAILS RELATING TO SUCH  PERSON'S  STATUS  AS  A
 VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF PERMITTING SUCH PERSON TO
 OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH CABLE TELEVISION COMPANY MAY NOT
 MAKE  RELEASE FROM SUCH CONTRACT CONTINGENT ON: (A) MAINTAINING CONTRAC-
 TUAL OR BILLING RESPONSIBILITY OF A SEPARATED ACCOUNT WITH THE PROVIDER;
 (B) APPROVAL OF SEPARATION BY THE PRIMARY ACCOUNT HOLDER, IF THE PRIMARY
 ACCOUNT HOLDER IS NOT THE PERSON MAKING SUCH REQUEST; OR (C) A  PROHIBI-
 TION  OR  LIMITATION ON THE SEPARATION AS A RESULT OF ARREARS ACCRUED BY
 THE ACCOUNT. SUCH CABLE TELEVISION COMPANY  SHALL  RELEASE  SUCH  PERSON
 FROM SUCH CONTRACT NO LATER THAN SEVEN DAYS AFTER RECEIVING SUCH OPT-OUT
 REQUEST.  SUCH  CABLE  TELEVISION  COMPANY  SHALL DISPOSE OF INFORMATION
 SUBMITTED BY SUCH PERSON NO LATER THAN THIRTY DAYS AFTER RECEIVING  SUCH
 INFORMATION  IN A MANNER AS TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMA-
 TION. A claim for opting-out of such contract without  charge  shall  be
 made in good faith. Such cable television company shall waive the other-
 wise  applicable  [charges]  FEE,  PENALTY  OR  CHARGE  for  such person
 requesting to opt-out of such contract. EVERY CABLE  TELEVISION  COMPANY
 SHALL  MAKE  INFORMATION ABOUT THE OPTIONS AND PROCESS DESCRIBED IN THIS
 SECTION READILY AVAILABLE TO CONSUMERS ON THE  WEBSITE  AND  ANY  MOBILE
 APPLICATION  OF  THE PROVIDER, IN PHYSICAL STORES, AND IN OTHER FORMS OF
 PUBLIC-FACING CONSUMER COMMUNICATION.
   3. A COVERED PROVIDER AND ANY OFFICER, DIRECTOR, EMPLOYEE,  VENDOR  OR
 AGENT  THEREOF  SHALL NOT BE SUBJECT TO LIABILITY FOR ANY CLAIMS ARISING
 FROM AN ACTION TAKEN OR OMISSION MADE WITH RESPECT  TO  COMPLIANCE  WITH
 THIS SECTION.
   §  5. Subdivision 1 of section 399-yyy of the general business law, as
 added by chapter 186 of the laws of 2019, is amended and a new  subdivi-
 sion 3 is added to read as follows:
   1.  Every  direct  broadcast satellite service provider, as defined in
 this section, that provides  television  and/or  telephone  services  to
 customers in New York shall allow a person who is under contract includ-
 ing,  but  not limited to a multi-year contract or bundled contract with
 such satellite television company, to opt-out of such  contract  without
 FEE,  PENALTY  OR  charge  when  such  a  person is a victim of domestic
 violence and [requests to opt-out in writing. Such  victim  of  domestic
 violence  shall  provide to such satellite television company any of the
 following documents, which shall relate to such domestic violence, with-
 in six months of the document's issuance: (a) a valid domestic  violence
 incident  report form, as such term is defined in subdivision fifteen of
 section eight hundred thirty-seven of the executive  law;  (b)  a  valid
 police  report;  (c) a valid order of protection; (d) a signed affidavit
 from a licensed medical or mental health care provider,  employee  of  a
 court acting within the scope of his or her employment, social worker, a
 rape  crisis  counselor, as defined in section forty-five hundred ten of
 the civil practice law and rules, or advocate acting  on  behalf  of  an
 agency  that  assists domestic violence victims] PROVIDES AN ATTESTATION
 IN WRITING OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC  VIOLENCE.  SUCH
 SATELLITE  TELEVISION  COMPANY  MAY  NOT REQUIRE SUCH PERSON TO DISCLOSE
 CONFIDENTIAL INFORMATION OR DETAILS RELATING TO SUCH PERSON'S STATUS  AS
 A  VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF PERMITTING SUCH PERSON
 A. 6207--B                          6
 
 TO OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH SATELLITE TELEVISION  COMPANY
 MAY  NOT  MAKE RELEASE FROM SUCH CONTRACT CONTINGENT ON: (A) MAINTAINING
 CONTRACTUAL OR BILLING RESPONSIBILITY OF A SEPARATED  ACCOUNT  WITH  THE
 PROVIDER;  (B)  APPROVAL OF SEPARATION BY THE PRIMARY ACCOUNT HOLDER, IF
 THE PRIMARY ACCOUNT HOLDER IS NOT THE PERSON MAKING SUCH REQUEST; OR (C)
 A PROHIBITION OR LIMITATION ON THE SEPARATION AS  A  RESULT  OF  ARREARS
 ACCRUED  BY THE ACCOUNT. SUCH SATELLITE TELEVISION COMPANY SHALL RELEASE
 SUCH PERSON FROM SUCH CONTRACT NO LATER THAN SEVEN DAYS AFTER  RECEIVING
 SUCH OPT-OUT REQUEST. SUCH SATELLITE TELEVISION COMPANY SHALL DISPOSE OF
 INFORMATION  SUBMITTED  BY  SUCH  PERSON NO LATER THAN THIRTY DAYS AFTER
 RECEIVING SUCH INFORMATION IN A MANNER AS TO MAINTAIN CONFIDENTIALITY OF
 SUCH INFORMATION. A claim for opting-out of such contract without charge
 shall be made in good faith.   Such satellite television  company  shall
 waive the otherwise applicable [charges] FEE, PENALTY OR CHARGE for such
 person  requesting  to  opt-out  of such contract. EVERY SATELLITE TELE-
 VISION COMPANY SHALL MAKE INFORMATION  ABOUT  THE  OPTIONS  AND  PROCESS
 DESCRIBED  IN THIS SECTION READILY AVAILABLE TO CONSUMERS ON THE WEBSITE
 AND ANY MOBILE APPLICATION OF THE PROVIDER, IN PHYSICAL STORES,  AND  IN
 OTHER FORMS OF PUBLIC-FACING CONSUMER COMMUNICATION.
   3.  A  COVERED PROVIDER AND ANY OFFICER, DIRECTOR, EMPLOYEE, VENDOR OR
 AGENT THEREOF SHALL NOT BE SUBJECT TO LIABILITY FOR ANY  CLAIMS  ARISING
 FROM  AN  ACTION  TAKEN OR OMISSION MADE WITH RESPECT TO COMPLIANCE WITH
 SUBDIVISION ONE OF THIS SECTION.
   § 6. This act  shall  take  effect  immediately  and  shall  apply  to
 contracts entered into on and after such effective date.