S T A T E   O F   N E W   Y O R K
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                                  5546

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  TITUS,  BENEDETTO, COOK, ESPAILLAT, PHEFFER,
  COLTON, CAHILL, J. RIVERA -- Multi-Sponsored by -- M.  of  A.  ALESSI,
  GOTTFRIED,  GREENE, GUNTHER, JACOBS, JAFFEE, JEFFRIES, JOHN, V. LOPEZ,
  MAYERSOHN, McENENY, MILLMAN, NOLAN,  O'DONNELL,  N. RIVERA,  ROBINSON,
  ROSENTHAL,  SCARBOROUGH,  SEMINERIO,  WEISENBERG, WRIGHT, ZEBROWSKI --
  read once and referred  to  the  Committee  on  Consumer  Affairs  and
  Protection

AN  ACT to amend the general business law, in relation to cellular tele-
  phone applications

  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
349-d to read as follows:
  S  349-D.  CELLULAR  APPLICATIONS;  PROTECTION.  1.  AS  USED  IN THIS
SECTION:
  (A) "CELLULAR TELEPHONE SERVICE  SUPPLIER"  MEANS  A  BUSINESS  ENTITY
WHICH PROVIDES RETAIL CELLULAR TELEPHONE SERVICE WITHIN NEW YORK STATE.
  (B)  "CELLULAR  TELEPHONE"  MEANS A CELLULAR MOBILE RADIO TELEPHONE OR
OTHER RADIO TELEPHONE NOT REQUIRING AN ACCESS LINE FOR SERVICE.
  (C) "CELLULAR TELEPHONE SUBSCRIBER" MEANS ANY  PERSON  ENROLLED  IN  A
CELLULAR TELEPHONE SERVICE SUBSCRIBER PLAN WHETHER OR NOT SUCH SUBSCRIB-
ER'S CELLULAR TELEPHONE SERVICES ARE ACTIVE OR SUSPENDED.
  2.  CELLULAR TELEPHONE SUBSCRIBERS WHO PURCHASE CELLULAR APPLICATIONS,
GAMES AND/OR RINGTONES FROM A CELLULAR TELEPHONE SERVICE SUPPLIER  SHALL
BE  ALLOWED  TO  TRANSFER SUCH PREVIOUSLY PURCHASED PRODUCTS TO CELLULAR
TELEPHONES WHICH HAVE BEEN UPGRADED  AND/OR  RETURNED  TO  THE  CELLULAR
TELEPHONE  SERVICE  PROVIDER  DUE  TO  A DEFECT OR FOR ANY OTHER REASON.
WHERE THE CELLULAR TELEPHONE IS COVERED UNDER A POLICY FOR  LOSS  AND/OR
THEFT  THE  CELLULAR  TELEPHONE SUBSCRIBER SHALL BE ENTITLED TO HAVE ALL
PREVIOUSLY PURCHASED APPLICATIONS, GAMES AND/OR RINGTONES  INSTALLED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07557-01-9

              

A. 5546                             2

THEIR  NEW  CELLULAR  TELEPHONE  OR SHALL HAVE THE OPTION OF RECEIVING A
CREDIT TO THEIR ACCOUNT FOR THE PURCHASE AMOUNT.
  3.  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION SHALL ONLY BE
APPLICABLE TO CELLULAR TELEPHONE SUBSCRIBERS WHO REMAIN  WITH  THE  SAME
CELLULAR  TELEPHONE  SERVICE  PROVIDER  AND  SHALL NOT APPLY TO CELLULAR
TELEPHONE SUBSCRIBERS WHO SWITCH CELLULAR TELEPHONE  SERVICE  PROVIDERS,
UNLESS  A  MERGER OR ACQUISITION HAS TAKEN PLACE WITH THE CELLULAR TELE-
PHONE SERVICE PROVIDER WITH WHOM THE CELLULAR TELEPHONE  SUBSCRIBER  HAS
SWITCHED TO.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.