Senate Bill S5272A

2023-2024 Legislative Session

Relates to requiring covered entities to publicly report on franchise fees, consumer complaints and denials of requests for service

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-S5272 - Details

See Assembly Version of this Bill:
A6199
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add §28, Pub Serv L

2023-S5272 - Summary

Relates to requiring covered entities to publicly report on franchise fees, consumer complaints and denials of requests for service; defines covered entities; provides that the department of public service shall investigate allegations against covered entities upon the written request of 25 customers, the chief executive officer of the municipality or the county legislature of the county served.

2023-S5272 - Sponsor Memo

2023-S5272 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5272
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 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 requiring covered
   entities to publicly report on franchise fees, consumer complaints and
   denials of requests for service

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 28 to read as follows:
   §  28. PUBLICATION OF REPORTS.  1. WITHIN NINETY DAYS OF THE EFFECTIVE
 DATE OF THIS SECTION, THE DEPARTMENT SHALL DIRECT ALL COVERED  ENTITIES,
 TO REPORT PUBLICLY ON ITS WEBSITE OR WEBSITES ALL FRANCHISE FEES PAID TO
 THE  MUNICIPALITY OR MUNICIPALITIES SERVED, ALL CONSUMER COMPLAINTS, AND
 ANY DENIALS OF REQUESTS FOR  SERVICE  FROM  RESIDENTS  OF  SUCH  MUNICI-
 PALITIES  DURING  THE  TERM  OF  THE CURRENT FRANCHISE. COVERED ENTITIES
 SHALL REPORT SUCH INFORMATION WITHOUT UNREASONABLY  EXPOSING  CONSUMERS'
 PERSONALLY  IDENTIFIABLE  INFORMATION  IN  A MANNER THAT VIOLATES PUBLIC
 SERVICE LAW, DEPARTMENT PRACTICE, OR FEDERAL LAW. SUCH REPORTS SHALL  BE
 UPDATED QUARTERLY.
   2.  FOR  THE  PURPOSES OF THIS SECTION, A COVERED ENTITY SHALL INCLUDE
 ANY BROADBAND, TELEPHONE AND CABLE SERVICE COMPANY:
   (A) WITH ANNUAL GROSS REVENUES OF AT LEAST TWO HUNDRED FIFTY  THOUSAND
 DOLLARS; AND
   (B)  WHICH  SERVES  ANY  MUNICIPALITY  AS  AN OVERBUILDER AND PROVIDES
 COMPETITIVE SERVICES TO AN INCUMBENT CABLE COMPANY,  EXCEPT  IN  MUNICI-
 PALITIES  WITH  A POPULATION OF ONE MILLION OR MORE. FOR THE PURPOSES OF
 THIS SECTION, AN  "OVERBUILDER"  SHALL  MEAN  ANY  CABLE  PROVIDER  THAT
 CONSTRUCTS  NEW  WIRELINE  FACILITIES  TO  END-USERS  IN THE TRADITIONAL
 SERVICE TERRITORY OF A LEGACY TELEPHONE OR CABLE INCUMBENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09907-01-3
 S. 5272                             2

2023-S5272A - Details

See Assembly Version of this Bill:
A6199
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add §28, Pub Serv L

2023-S5272A - Summary

Relates to requiring covered entities to publicly report on franchise fees, consumer complaints and denials of requests for service; defines covered entities; provides that the department of public service shall investigate allegations against covered entities upon the written request of 25 customers, the chief executive officer of the municipality or the county legislature of the county served.

2023-S5272A - Sponsor Memo

2023-S5272A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5272--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public service law, in relation to requiring covered
   entities to publicly report on franchise fees, consumer complaints and
   denials of requests for service
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 28 to read as follows:
   § 28. PUBLICATION OF REPORTS.  1. WITHIN NINETY DAYS OF THE  EFFECTIVE
 DATE  OF THIS SECTION, THE DEPARTMENT SHALL DIRECT ALL COVERED ENTITIES,
 TO REPORT PUBLICLY ON ITS WEBSITE OR WEBSITES ALL FRANCHISE FEES PAID TO
 THE MUNICIPALITY OR MUNICIPALITIES SERVED, ALL CONSUMER COMPLAINTS,  AND
 ANY  DENIALS  OF  REQUESTS  FOR  SERVICE  FROM RESIDENTS OF SUCH MUNICI-
 PALITIES DURING THE TERM OF  THE  CURRENT  FRANCHISE.  COVERED  ENTITIES
 SHALL  REPORT  SUCH INFORMATION WITHOUT UNREASONABLY EXPOSING CONSUMERS'
 PERSONALLY IDENTIFIABLE INFORMATION IN A  MANNER  THAT  VIOLATES  PUBLIC
 SERVICE  LAW, DEPARTMENT PRACTICE, OR FEDERAL LAW. SUCH REPORTS SHALL BE
 UPDATED QUARTERLY.
   2. FOR THE PURPOSES OF THIS SECTION, A COVERED  ENTITY  SHALL  INCLUDE
 ANY BROADBAND, TELEPHONE AND CABLE SERVICE COMPANY:
   (A)  WITH ANNUAL GROSS REVENUES OF AT LEAST TWO HUNDRED FIFTY THOUSAND
 DOLLARS; OR
   (B) WHICH SERVES ANY  MUNICIPALITY  AS  AN  OVERBUILDER  AND  PROVIDES
 COMPETITIVE  SERVICES  TO  AN INCUMBENT CABLE COMPANY, EXCEPT IN MUNICI-
 PALITIES WITH A POPULATION OF ONE MILLION OR MORE. FOR THE  PURPOSES  OF
 THIS  SECTION,  AN  "OVERBUILDER"  SHALL  MEAN  ANY  CABLE PROVIDER THAT
 CONSTRUCTS NEW WIRELINE  FACILITIES  TO  END-USERS  IN  THE  TRADITIONAL
 SERVICE TERRITORY OF A LEGACY TELEPHONE OR CABLE INCUMBENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09907-02-3

2023-S5272B (ACTIVE) - Details

See Assembly Version of this Bill:
A6199
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add §28, Pub Serv L

2023-S5272B (ACTIVE) - Summary

Relates to requiring covered entities to publicly report on franchise fees, consumer complaints and denials of requests for service; defines covered entities; provides that the department of public service shall investigate allegations against covered entities upon the written request of 25 customers, the chief executive officer of the municipality or the county legislature of the county served.

2023-S5272B (ACTIVE) - Sponsor Memo

2023-S5272B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5272--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee and committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public service law, in relation to requiring covered
   entities to publicly report on franchise fees, consumer complaints and
   denials of requests for service
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 28 to read as follows:
   § 28. PUBLICATION OF REPORTS.   1.   AS  USED  IN  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVERED  ENTITIES"  MEANS A TELEPHONE CORPORATION WITH MORE THAN
 TEN THOUSAND CUSTOMERS THAT HAS PROVIDED LINE-POWERED VOICE  SERVICE  AT
 ANY POINT ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE; AND
   (B)  "LINE-POWERED VOICE SERVICE" MEANS RESIDENTIAL VOICE SERVICE THAT
 IS PROVIDED USING COPPER-BASED FACILITIES THAT ARE LINE POWERED.
   2. WITHIN NINETY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 DEPARTMENT  SHALL DIRECT ALL COVERED ENTITIES, TO REPORT PUBLICLY ON ITS
 WEBSITE OR WEBSITES ALL FRANCHISE FEES PAID TO THE MUNICIPALITY OR MUNI-
 CIPALITIES SERVED, ALL CONSUMER COMPLAINTS, AND ANY DENIALS OF  REQUESTS
 FOR SERVICE FROM RESIDENTS OF SUCH MUNICIPALITIES DURING THE TERM OF THE
 CURRENT  FRANCHISE. COVERED ENTITIES SHALL REPORT SUCH INFORMATION WITH-
 OUT UNREASONABLY EXPOSING CONSUMERS' PERSONALLY IDENTIFIABLE INFORMATION
 IN A MANNER THAT VIOLATES PUBLIC SERVICE LAW,  DEPARTMENT  PRACTICE,  OR
 FEDERAL LAW. SUCH REPORTS SHALL BE UPDATED QUARTERLY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09907-04-3
 S. 5272--B                          2

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