S T A T E O F N E W Y O R K
________________________________________________________________________
2674
2009-2010 Regular Sessions
I N S E N A T E
February 26, 2009
___________
Introduced by Sens. MORAHAN, LARKIN, MAZIARZ, PADAVAN, YOUNG -- read
twice and ordered printed, and when printed to be committed to the
Committee on Energy and Telecommunications
AN ACT to direct the public service commission to prepare a report on
the impact of the proposed elimination of portions of the public
service law and of title 16 of the NYCRR and proposed changes to said
commission's practices with regard to the enforcement of existing
portions of said law and of the NYCRR concerning universal access to
adequate and affordable telephone service, consumer protection, and
service quality
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and purpose. The legislature finds
that universal access to affordable telephone service, consumer
protection, and quality telephone service have been a longstanding
tradition and policy of the state. This policy has, however, come into
question in light of proposals by the department of public service in
case 05-C-0616 to deregulate the telecommunications industry in New York
state by limiting administratively the application or enforcement of
significant portions of the public service law and of title 16 (depart-
ment of public service) of the official compilation of codes, rules and
regulations of the state of New York (hereinafter NYCRR) relating to
telecommunications services and companies or by failing to extend such
laws and rules to new entities providing telecommunications services in
New York. Our state's commitment to universal service, long taken for
granted, must now be restated to ensure that it is uncompromised by
deregulation initiatives that the commission advances through this or
any related case; the availability and timely development of basic
consumer protections, such as ubiquitous E-911 service, must now be
reevaluated to ensure that these protections are not sacrificed if the
commission elects to advance its deregulation initiatives in this or any
related case; and the provision of adequate service by telephone corpo-
rations, long ensured by parts 602 and 603 et seq. of title 16 of NYCRR
and by service quality plans and fines, must now be protected and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08569-01-9
S. 2674 2
enhanced to ensure that such service quality survives any implementation
of the deregulatory initiatives that the commission elects to advance in
this or any related case.
S 2. (A)(i) The public service commission shall immediately suspend
the proceeding entitled case 05-C-0616 ("Comp. III") and shall prepare
and issue a report as described in this section on the potential effects
of such proceeding to the governor, temporary president of the senate,
speaker of the assembly, minority leaders of the senate and assembly,
chairperson and ranking minority member of the senate energy and tele-
communications committee, and the chairperson and ranking minority
member of the assembly corporations, authorities and commissions commit-
tee. Such report shall be transmitted to said persons on April 1, 2010.
(ii) The report shall evaluate in detail the implications of the
following:
(a) the elimination or consolidation of parts 602, 603, and 609 of
title 16 of NYCRR;
(b) the elimination or consolidation of those portions of title 16 of
NYCRR set forth in the "Telephone Regulatory Convergence Matrix" issued
in case 05-C-0616;
(c) the effect upon universal service caused by the proposed increases
to local exchange company rates;
(d) the effect upon consumers of the failure to extend existing law
and rules to new entrants supplying telephone services in New York
state;
(e) the effect upon consumers living in rural and high cost areas of
the increased local exchange company rates proposed in case 05-C-0616;
(f) the effect upon independent upstate telephone corporations of the
policies set forth in the department's white paper and whether or not
such small, independent companies will go out of business, causing a net
loss of jobs and tax revenues to upstate New York; and
(g) the failure to maintain subscribership in the existing telephone
lifeline program.
(iii) If the public service commission has issued any decisions in
case 05-C-0616, or has issued an order or orders, or taken any other
final actions in such proceeding before the effective date of this act,
the public service commission shall immediately forbear from carrying
out such decisions, orders and final actions, and shall stay or vacate
such decisions or orders or other final actions, as applicable, until it
has completed the study and report process set forth in this section.
(B) Within forty-five days after the public service commission trans-
mits the report provided for in subdivision (A) of this section, the
governor, the temporary president of the senate, the speaker of the
assembly, the minority leaders of the senate and assembly, the chair-
person and ranking minority member of the senate energy and telecommuni-
cations committee, and the chairperson and ranking minority member of
the assembly corporations, authorities and commissions committee may,
severally or collectively, submit further issues for study and inclusion
in such report, which said commission shall study and include within an
appendix to such report within sixty days after receipt of any such
submission. The public service commission shall neither take any final
action in case 05-C-0616, nor act upon such final action, nor initiate
or take such action in a collateral proceeding to effectuate the policy
and deregulatory goals of case 05-C-0616 until such report and its
appendix, if any, have been completed and transmitted to said persons.
S 3. This act shall take effect immediately.