S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6270
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 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-zzzzzz to read as follows:
   § 399-ZZZZZZ. 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
 GLOBAL EVENT THAT IS DEEMED TO RESULT  IN  A  SIGNIFICANT  NEGATIVE  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04534-01-3
              

 A. 6270                             2
 
 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
 PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
 A. 6270                             3
 
 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.