NY State Senate Bill S6267

Archive: Last Bill Status Via A268 - Signed by Governor

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

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 08, 2021	signed chap.582
Oct 27, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.1079 substituted for s6267a
Jun 09, 2021	substituted by a268a
Jun 01, 2021	amended on third reading 6267a
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1079
Apr 19, 2021	referred to consumer protection

Votes

view votes

Jun 9, 2021 - floor Vote

A268A

floor

Aye

Nay

Absent

Excused

Abstained

May 18, 2021 - Consumer Protection committee Vote

S6267

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S6267 - Details

Law Section:: General Business Law
Laws Affected:: Add §399-z-1, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S4764

S6267 - Summary

Relates to telecommunication companies blocking certain numbers.

S6267 - Sponsor Memo

 
BILL NUMBER: S6267

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the general business law, in relation to telecommuni-
cation companies blocking certain numbers

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow telecommunication companies to block robocalls from certain
numbers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the general business law by adding a new
section 399-z-1. Subdivision one sets out relevant definitions.  Subdi-
vision two sets out the types of calls that telecommunication providers
shall block.

First, 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. Next, 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 allocated 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 allocate of
the number and confirms that the number is unused or has obtained
verification from the allocated that the number is unused at the time of
the blocking.

Section one also states that providers shall not block a voice call if
the call is an emergency call placed to 911 or if a subscriber has
requested that no inbound calls be blocked.

Section two provides the effective date.

 
JUSTIFICATION:

Unwanted robocalls are the top consumer complaint received by the Feder-
al Communications Commission (FCC), representing over sixty percent of
all complaints received.* It is estimated that Americans received about
16.3 billion robocalls in the first five months of 2018 alone.** In the
month of September 2018, roughly 4.4 billion robocalls were reported.***
These numbers continue to rise and the predictions for the expected
number of robocalls in the coming year are staggering.  In 2017, only
about 3.7% of all calls to cell phones were considered to be robo-
calls.**** In 2018, that number rose to about 29% and by 2019, it is
expected that at least 45% of all calls to cell phones will be robo-
calls.*****

In efforts to combat this issue, the FCC released a rule in November of
2017 to allow phone service providers to proactively block robocalls
originating from certain numbers.****** These would include calls that
are the most likely to be illegitimate, as they are coming from numbers
that actually do not or cannot make outgoing calls.******* These types
of numbers are indicative of "spoofing" schemes wherein the true caller
identity is masked behind a fake, invalid number. There is also a common
practice of consumers receiving calls from such invalid numbers which
show up as a local call on their caller ID, prompting many to pick up
only to realize it is a robocall.

This legislation mirrors the provisions in the FCC rule and would
require telecommunication providers to block calls coming from numbers
that are not valid North American numbering plan numbers, numbers that
are valid but are not allocated to a provider, and valid numbers allo-
cated to a provider but are unused. The bill would also require provid-
ers to block calls when the subscriber assigned to a number has
requested that calls purporting to originate from such number be blocked
because such number is in fact used only for inbound calls.

Robocalls present a significant nuisance for New Yorkers on a daily
basis and as figures indicate, the issue will only continue to worsen
unless preventive measures are implemented to combat this problem.
Mirroring the protections set out by the Federal rule in New York State
Law and requiring telecommunication providers to block these calls will
afford much needed safeguards to decrease the number of unwanted robo-
calls New Yorkers receive.

 
PRIOR LEGISLATIVE HISTORY:

2020: A.2230A, reported referred to rules / S.4764, referred to consumer
protection.

2019: A.2230A, amended and recommitted to consumer affairs and
protection / S.4764, referred to consumer protection.

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
* See FCC press release- FCC Adopts Rules to Allow Phone Companies to
Proactively Block Illegal Robocalls. November 16, 2017. See also "The
FCC's Push to Combat Robocalls & Spoofing."

S6267 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6267
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01889-01-1

 S. 6267                             2
 
   (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.
   § 2. This act shall take effect immediately.

S6267A (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Add §399-z-1, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S4764

S6267A (ACTIVE) - Summary

Relates to telecommunication companies blocking certain numbers.

S6267A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6267A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the general business law, in relation to telecommuni-
cation companies blocking certain numbers

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow telecommunication companies to block robocalls from certain
numbers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the general business law by adding a new
section 399-z-1. Subdivision one sets out relevant definitions.  Subdi-
vision two sets out the types of calls that telecommunication providers
shall block.

First, 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. Next, 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 allocated 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 allocate of
the number and confirms that the number is unused or has obtained
verification from the allocated that the number is unused at the time of
the blocking.

Section one also states that providers shall not block a voice call if
the call is an emergency call placed to 911 or if a subscriber has
requested that no inbound calls be blocked. Further, it exempts any
voice service provider who is in compliance with federal call blocking
rules and regulations.

Section two provides the effective date.

 
JUSTIFICATION:

Unwanted robocalls are the top consumer complaint received by the Feder-
al Communications Commission (FCC), representing over sixty percent of
all complaints received.* It is estimated that Americans received about
16.3 billion robocalls in the first five months of 2018 alone.** In the
month of September 2018, roughly 4.4 billion robocalls were reported.***
These numbers continue to rise and the predictions for the expected
number of robocalls in the coming year are staggering. In 2017, only
about 3.7% of all calls to cell phones were considered to be robo-
calls.**** In 2018, that number rose to about 29% and by 2019, it is
expected that at least 45% of all calls to cell phones will be robo-
calls.*****

In efforts to combat this issue, the FCC released a rule in November of
2017 to allow phone service providers to proactively block robocalls
originating from certain numbers.****** These would include calls that
are the most likely to be illegitimate, as they are coming from numbers
that actually do not or cannot make outgoing calls.******* These types
of numbers are indicative of "spoofing" schemes wherein the true caller
identity is masked behind a fake, invalid number. There is also a common
practice of consumers receiving calls from such invalid numbers which
show up as a local call on their caller ID, prompting many to pick up
only to realize it is a robocall.

This legislation mirrors the provisions in the FCC rule and would
require telecommunication providers to block calls coming from numbers
that are not valid North American numbering plan numbers, numbers that
are valid but are not allocated to a provider, and valid numbers allo-
cated to a provider but are unused. The bill would also require provid-
ers to block calls when the subscriber assigned to a number has
requested that calls purporting to originate from such number be blocked
because such number is in fact used only for inbound calls.

Robocalls present a significant nuisance for New Yorkers on a daily
basis and as figures indicate, the issue will only continue to worsen
unless preventive measures are implemented to combat this problem.
Mirroring the protections set out by the Federal rule in New York State
Law and requiring telecommunication providers to block these calls will
afford much needed safeguards to decrease the number of unwanted robo-
calls New Yorkers receive.

 
PRIOR LEGISLATIVE HISTORY:

2020: A.2230A, reported referred to rules / S.4764, referred to consumer
protection.

2019: A.2230A, amended and recommitted to consumer affairs and
protection / S.4764, referred to consumer protection.

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
* See FCC press release- FCC Adopts Rules to Allow Phone Companies to
Proactively Block Illegal Robocalls. November 16, 2017. See also "The
FCC's Push to Combat Robocalls & Spoofing."

S6267A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6267--A
     Cal. No. 1079
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in 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
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01889-03-1

 S. 6267--A                          2
 
 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.

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The New York State Senate

senate Bill S6267

Sponsored By

Archive: Last Bill Status Via A268 - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

May 18, 2021 - Consumer Protection committee Vote

Consumer Protection Committee Vote: May 18, 2021

Bill Amendments

S6267 - Details

S6267 - Summary

S6267 - Sponsor Memo

S6267 - Bill Text download pdf

S6267A (ACTIVE) - Details

S6267A (ACTIVE) - Summary

S6267A (ACTIVE) - Sponsor Memo

S6267A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6267

Share this bill

Sponsored By

Jeremy A. Cooney

Archive: Last Bill Status Via A268 - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

May 18, 2021 - Consumer Protection committee Vote

Consumer Protection Committee Vote: May 18, 2021

Bill Amendments

S6267 - Details

S6267 - Summary

S6267 - Sponsor Memo

S6267 - Bill Text download pdf

S6267A (ACTIVE) - Details

S6267A (ACTIVE) - Summary

S6267A (ACTIVE) - Sponsor Memo

S6267A (ACTIVE) - Bill Text download pdf

Comments