Assembly Bill A8369

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8369
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced  by M. of A. DILAN -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to  requiring  cable
   television companies to issue credits for service outages
 
   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
 224-d to read as follows:
   § 224-D. CREDIT FOR SERVICE OUTAGE. 1. WHEN A SERVICE OUTAGE AFFECTING
 ANY  SUBSCRIBER EXISTS DUE TO A PARTICULAR SERVICE INTERRUPTION CAUSE, A
 CABLE  TELEVISION  COMPANY  SHALL  ISSUE  A  CREDIT  ALLOWANCE  TO  SUCH
 SUBSCRIBER  PURSUANT  TO  THE  PROVISIONS OF SUBDIVISIONS TWO, THREE AND
 FOUR OF THIS SECTION.
   2. IF INTERRUPTION CONTINUES FOR TWENTY-FOUR HOURS OR MORE, ONE  THIR-
 TIETH  OF THE MONTHLY RATE FOR ALL SERVICES AND FACILITIES FURNISHED AND
 BILLED BY THE SERVICE PROVIDER THAT ARE RENDERED USELESS OR SUBSTANTIAL-
 LY IMPAIRED FOR EACH TWENTY-FOUR-HOUR PERIOD OR FRACTION THEREOF.
   3. IF A SERVICE INTERRUPTION IS FOR LESS THAN TWENTY-FOUR  HOURS,  AND
 IF CREDIT IS REQUESTED BY THE SUBSCRIBER ON THE GROUNDS THAT SERVICE FOR
 THE  DAY  WAS  SUBSTANTIALLY  IMPAIRED  BY  SUCH  INTERRUPTION OR INTER-
 RUPTIONS, THEN, A CREDIT ALLOWANCE WILL BE ISSUED FOR SUCH  DAY  AT  ONE
 THIRTIETH OF THE MONTHLY RATE.
   4. IF THE SERVICE PROVIDER REASONABLY DETERMINES THAT THE INTERRUPTION
 WAS  IN  PART  CAUSED  BY  THE  LOSS  OF COMMERCIAL POWER TO THE SERVICE
 PROVIDER'S NETWORK, THE CREDIT ALLOWANCE PERIOD WILL  BEGIN  TWENTY-FOUR
 HOURS AFTER COMMERCIAL POWER IS RESTORED.
   5. THE MINIMUM CREDIT FOR A SERVICE OUTAGE SHALL BE EQUAL TO ONE THIR-
 TIETH  TIMES  THE  APPLICABLE  MONTHLY  CHARGE FOR EACH TWENTY-FOUR-HOUR
 PERIOD DURING WHICH A SERVICE OUTAGE CONTINUES FOR AT LEAST FOUR HOURS.
   6. A CABLE TELEVISION COMPANY SHALL BE RESPONSIBLE FOR  EVERY  SERVICE
 OUTAGE  EXCEPT  FOR  INTERRUPTION  OF  PROGRAMMING  TO PROVIDE EMERGENCY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11910-01-5
              

 A. 8369                             2
 
 INFORMATION TO THE PUBLIC USING THE EMERGENCY ALERT SYSTEM AS DEFINED IN
 16 NYCRR 896.5.
   7.  THIS  SECTION  SHALL NOT APPLY TO COMMERCIAL CUSTOMERS WHO RECEIVE
 SERVICE PURSUANT TO A NEGOTIATED  AGREEMENT  THAT  INCLUDES  A  CUSTOMER
 CREDIT PROVISION FOR SERVICE INTERRUPTIONS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.