Senate Bill S731

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    731
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 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 public service law, in relation to quality standards
   for internet service providers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 11  of  the  public  service
 law,  as  added by chapter 83 of the laws of 1995, is amended to read as
 follows:
      PROVISIONS RELATING TO CABLE TELEVISION COMPANIES AND INTERNET
                             SERVICE PROVIDERS
   § 2. Section 212 of the public service law is amended by adding a  new
 subdivision 15 to read as follows:
   15.  "INTERNET  SERVICE  PROVIDER"  SHALL MEAN ANY PERSON, BUSINESS OR
 ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS STATE THAT PROVIDES  INDI-
 VIDUALS,  CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO
 THE INTERNET.
   § 3. The public service law is amended by adding a new section 231  to
 read as follows:
   §  231.  SERVICE  QUALITY  STANDARDS  FOR  INTERNET SERVICE PROVIDERS;
 PENALTIES. 1. THE COMMISSION SHALL ESTABLISH QUALITY OF  SERVICE  STAND-
 ARDS, MINIMUM PERFORMANCE LEVELS, CUSTOMER-SPECIFIC CREDITS, AND REPORT-
 ING REQUIREMENTS THAT SHALL APPLY TO EACH INTERNET SERVICE PROVIDER.
   A.  SERVICE  STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) MEAS-
 URES RELATING TO REPAIRS FOR SERVICE OUTAGES  WITHIN  FORTY-EIGHT  HOURS
 UNLESS  A CUSTOMER OPTS OTHERWISE; (II) A REQUIREMENT THAT NEW INSTALLA-
 TION ORDERS BE COMPLETED WITHIN FIVE DAYS UNLESS A SUBSCRIBER OR CUSTOM-
 ER OPTS OTHERWISE;  (III)  A  REQUIREMENT  THAT  EACH  INTERNET  SERVICE
 PROVIDER  DEVELOP  PROCEDURES  TO  PRIORITIZE SERVICE TO SUBSCRIBERS AND
 CUSTOMERS WHO  ARE  SPECIAL-NEEDS  SUBSCRIBERS  AND  CUSTOMERS  AND  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02846-01-3
              

 S. 731                              2
 
 CUSTOMERS  WHO  UTILIZE  A MEDICAL ALERT SYSTEM OR COMMUNICATIONS EQUIP-
 MENT, IN CONJUNCTION WITH  MEDICAL  DEVICES,  TO  MONITOR  AND  TRANSMIT
 MEDICAL  DATA  TO  THEIR  TREATING  PHYSICIANS'  MEDICAL  SITES;  (IV) A
 REQUIREMENT  THAT  EACH  INTERNET SERVICE PROVIDER REPORT TO THE COMMIS-
 SION, ON AN ANNUAL BASIS, THE NUMBER OF SUBSCRIBERS  AND  CUSTOMERS  WHO
 REPORT SERVICE ISSUES OR OUTAGES, AND THE PERCENTAGE OF THOSE CASES THAT
 ARE  RESOLVED; AND (V) A REQUIREMENT THAT EACH INTERNET SERVICE PROVIDER
 PROVIDES THE INTERNET SERVICE SPEEDS ADVERTISED TO AND PAID FOR BY  EACH
 SUBSCRIBER AND CUSTOMER.
   B.  MINIMUM  PERFORMANCE  LEVELS  FOR  EACH  SERVICE STANDARD SHALL BE
 DEVELOPED TO ENSURE THAT EACH INTERNET SERVICE  PROVIDER  IN  THE  STATE
 PROVIDES  HIGH  QUALITY SUBSCRIBER AND CUSTOMER SERVICE AND HIGH QUALITY
 TECHNICAL SERVICE TO ALL THEIR SUBSCRIBERS AND CUSTOMERS.
   C. THE COMMISSION SHALL ESTABLISH A SCHEDULE OF SUBSCRIBER AND CUSTOM-
 ER CREDITS OR REBATES, WHICH SHALL BE AWARDED TO SUBSCRIBERS AND CUSTOM-
 ERS THAT EXPERIENCE SERVICE OUTAGE CONDITIONS AND FOR  MISSED  INSTALLA-
 TION  APPOINTMENTS.  A  SYSTEM  OF GRADUATED CREDITS OR REBATES SHALL BE
 ESTABLISHED FOR THOSE SUBSCRIBERS AND  CUSTOMERS  WHOSE  SERVICE  OUTAGE
 CONDITION  WAS  NOT CLEARED WITHIN FORTY-EIGHT HOURS OR INSTALLATION WAS
 NOT COMPLETED WITHIN FIVE BUSINESS DAYS UNLESS A SUBSCRIBER OR  CUSTOMER
 OPTS OTHERWISE.
   2.  A. EVERY INTERNET SERVICE PROVIDER SHALL ADHERE TO EVERY PROVISION
 OF THIS SECTION AND EVERY ORDER OR REGULATION ADOPTED UNDER AUTHORITY OF
 THIS SECTION SO LONG AS THE SAME SHALL BE IN FORCE.
   B. (I) THE COMMISSION SHALL HAVE  THE  AUTHORITY  TO  ASSESS  A  CIVIL
 PENALTY  AGAINST EACH INTERNET SERVICE PROVIDER AND THE DIRECTORS, OFFI-
 CERS, AGENTS AND EMPLOYEES THEREOF SUBJECT TO THE  JURISDICTION,  SUPER-
 VISION, OR REGULATION PURSUANT TO THIS SECTION IN AN AMOUNT AS SET FORTH
 IN  THIS  SUBDIVISION.  IN  DETERMINING  THE AMOUNT OF ANY PENALTY TO BE
 ASSESSED PURSUANT TO THIS SUBDIVISION, THE  COMMISSION  SHALL  CONSIDER:
 (A)  THE SERIOUSNESS OF THE VIOLATION FOR WHICH A PENALTY IS SOUGHT; (B)
 THE NATURE AND EXTENT OF ANY PREVIOUS  VIOLATIONS  FOR  WHICH  PENALTIES
 HAVE  BEEN ASSESSED AGAINST THE INTERNET SERVICE PROVIDER OR SUCH DIREC-
 TORS, OFFICERS, AGENTS AND EMPLOYEES THEREOF; (C) THE GROSS REVENUES AND
 FINANCIAL STATUS OF THE INTERNET SERVICE PROVIDER; AND  (D)  SUCH  OTHER
 FACTORS  AS  THE COMMISSION MAY DEEM APPROPRIATE AND RELEVANT. THE REME-
 DIES PROVIDED IN THIS PARAGRAPH ARE IN ADDITION TO  ANY  OTHER  REMEDIES
 PROVIDED BY LAW.
   (II)  WHENEVER  THE  COMMISSION HAS REASON TO BELIEVE THAT AN INTERNET
 SERVICE PROVIDER AND SUCH  DIRECTORS,  OFFICERS,  AGENTS  AND  EMPLOYEES
 THEREOF  MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS SET FORTH IN
 THIS SUBDIVISION, IT SHALL PROVIDE NOTIFICATION AND PROVIDE AN  OPPORTU-
 NITY  TO  BE  HEARD  TO  SUCH  INTERNET SERVICE PROVIDER OR PERSON. SUCH
 NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: (A) THE  DATE  AND  A
 BRIEF  DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT OR FAILURE TO ACT
 FOR WHICH SUCH PENALTY IS PROPOSED; (B) A LIST OF  EACH  STATUTE,  REGU-
 LATION  OR  ORDER THAT THE COMMISSION ALLEGES HAS BEEN VIOLATED; (C) THE
 AMOUNT OF EACH PENALTY THAT THE COMMISSION PROPOSES TO ASSESS;  AND  (D)
 THE  OPTION TO REQUEST A HEARING TO DEMONSTRATE WHY THE PROPOSED PENALTY
 OR PENALTIES SHOULD  NOT  BE  ASSESSED  AGAINST  SUCH  INTERNET  SERVICE
 PROVIDER OR PERSON.
   C.  ANY  INTERNET SERVICE PROVIDER THAT VIOLATES ANY PROVISION OF THIS
 SECTION, REGULATION OR ORDER ADOPTED UNDER AUTHORITY OF THIS SECTION  SO
 LONG  AS  THE  SAME  SHALL BE IN FORCE, OR WHO FAILS TO PROVIDE SAFE AND
 ADEQUATE SERVICE SHALL FORFEIT A SUM NOT EXCEEDING THE  GREATER  OF  ONE
 HUNDRED  THOUSAND  DOLLARS  OR  TWO ONE-HUNDREDTHS OF ONE PERCENT OF THE
 S. 731                              3
 
 ANNUAL INTRASTATE  GROSS  OPERATING  REVENUE  OF  THE  INTERNET  SERVICE
 PROVIDER,  CONSTITUTING  A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND,
 IN THE CASE OF A CONTINUING VIOLATION, EACH DAY SHALL BE DEEMED A  SEPA-
 RATE AND DISTINCT OFFENSE.
   D.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF THIS SUBDIVISION,
 ANY SUCH INTERNET SERVICE PROVIDER THAT VIOLATES  A  PROVISION  OF  THIS
 SECTION,  OR ANY ORDER OR REGULATION ADOPTED UNDER THE AUTHORITY OF THIS
 SECTION SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFETY OR PREVENTION OF
 SIGNIFICANT DAMAGE TO REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO DEATH
 OR PERSONAL INJURY AND DAMAGE TO REAL PROPERTY IN EXCESS OF FIFTY  THOU-
 SAND  DOLLARS, SHALL FORFEIT A SUM NOT TO EXCEED THE GREATER OF: (I) TWO
 HUNDRED FIFTY THOUSAND DOLLARS OR THREE ONE-HUNDREDTHS OF ONE PERCENT OF
 THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF  THE  INTERNET  SERVICE
 PROVIDER,  WHICHEVER  IS  GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH
 SEPARATE AND DISTINCT OFFENSE, PROVIDED, HOWEVER, THAT FOR  PURPOSES  OF
 THIS  SUBPARAGRAPH,  EACH  DAY  OF  A  CONTINUING VIOLATION SHALL NOT BE
 DEEMED A SEPARATE AND DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTINUING
 VIOLATION, AS WELL AS  EVERY  DISTINCT  VIOLATION,  SHALL  BE  SIMILARLY
 TREATED  AS  A  SEPARATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS PARA-
 GRAPH; OR (II) THE MAXIMUM  FORFEITURE  DETERMINED  IN  ACCORDANCE  WITH
 PARAGRAPH C OF THIS SUBDIVISION.
   E. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS C AND D OF THIS SUBDI-
 VISION,  AN  INTERNET SERVICE PROVIDER THAT VIOLATES A PROVISION OF THIS
 SECTION, OR ANY ORDER OR REGULATION  ADOPTED  UNDER  AUTHORITY  OF  THIS
 SECTION,  DESIGNED  TO PROTECT THE OVERALL RELIABILITY AND CONTINUITY OF
 SERVICE, INCLUDING BUT NOT LIMITED TO THE RESTORATION OF SERVICE FOLLOW-
 ING A MAJOR OUTAGE EVENT OR EMERGENCY, SHALL FORFEIT A SUM NOT TO EXCEED
 THE GREATER OF: (I) FIVE HUNDRED THOUSAND DOLLARS OR FOUR ONE-HUNDREDTHS
 OF ONE PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE  OF  THE
 INTERNET  SERVICE  PROVIDER,  WHICHEVER IS GREATER, CONSTITUTING A CIVIL
 PENALTY FOR EACH SEPARATE AND DISTINCT OFFENSE; PROVIDED, HOWEVER,  THAT
 FOR  PURPOSES  OF  THIS  SUBPARAGRAPH EACH DAY OF A CONTINUING VIOLATION
 SHALL NOT BE DEEMED A SEPARATE AND DISTINCT OFFENSE. THE TOTAL PERIOD OF
 A CONTINUING VIOLATION, AS WELL AS EVERY  DISTINCT  VIOLATION  SHALL  BE
 SIMILARLY  TREATED  AS  A  SEPARATE AND DISTINCT OFFENSE FOR PURPOSES OF
 THIS SUBPARAGRAPH; OR (II) THE MAXIMUM FORFEITURE DETERMINED IN  ACCORD-
 ANCE WITH PARAGRAPH C OF THIS SUBDIVISION.
   F.  ANY  DIRECTOR, OFFICER, AGENT, OR EMPLOYEE OF ANY INTERNET SERVICE
 PROVIDER DETERMINED BY THE COMMISSION TO HAVE VIOLATED THE PROVISIONS OF
 PARAGRAPH C, D, OR E OF THIS SUBDIVISION, AND WHO KNOWINGLY  VIOLATES  A
 PROVISION OF THIS SECTION, REGULATION OR AN ORDER ADOPTED UNDER AUTHORI-
 TY  OF  THIS  SECTION SO LONG AS THE SAME SHALL BE IN FORCE, INCLUDING A
 FAILURE TO PROVIDE SAFE AND ADEQUATE SERVICE, SHALL FORFEIT A SUM NOT TO
 EXCEED ONE HUNDRED THOUSAND DOLLARS CONSTITUTING  A  CIVIL  PENALTY  FOR
 EACH  AND EVERY OFFENSE AND, IN THE CASE OF A CONTINUING VIOLATION, EACH
 DAY SHALL BE DEEMED A SEPARATE AND DISTINCT OFFENSE.
   G. ANY SUCH ASSESSMENT MAY  BE  COMPROMISED  OR  DISCONTINUED  BY  THE
 COMMISSION.  ALL MONEYS RECOVERED PURSUANT TO THIS SUBDIVISION, TOGETHER
 WITH THE COSTS THEREOF, SHALL BE REMITTED TO, OR FOR THE BENEFIT OF, THE
 SUBSCRIBERS OR CUSTOMERS OF THE INTERNET SERVICE PROVIDER IN A MANNER TO
 BE DETERMINED BY THE COMMISSION.
   H. UPON A FAILURE BY AN INTERNET SERVICE PROVIDER TO REMIT ANY PENALTY
 ASSESSED BY THE COMMISSION PURSUANT TO THIS SUBDIVISION, THE COMMISSION,
 THROUGH ITS COUNSEL OR OTHER  APPROPRIATE  DESIGNEE,  MAY  INSTITUTE  AN
 ACTION OR SPECIAL PROCEEDING TO COLLECT THE PENALTY IN A COURT OF COMPE-
 TENT JURISDICTION.
 S. 731                              4
 
   I. ANY PAYMENT MADE BY AN INTERNET SERVICE PROVIDER AND THE DIRECTORS,
 OFFICERS,  AGENTS AND EMPLOYEES THEREOF, AS A RESULT OF AN ASSESSMENT AS
 PROVIDED IN THIS SUBDIVISION, AND THE COST OF  LITIGATION  AND  INVESTI-
 GATION  RELATED  TO  ANY  SUCH ASSESSMENT, SHALL NOT BE RECOVERABLE FROM
 SUBSCRIBERS OR CUSTOMERS.
   J. IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS SECTION RELATING
 TO  PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF AN
 INTERNET SERVICE PROVIDER ACTING WITHIN THE SCOPE OF HIS OR HER OFFICIAL
 DUTIES OR EMPLOYMENT SHALL BE DEEMED TO BE  THE  ACT  OF  SUCH  INTERNET
 SERVICE PROVIDER.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately.