NY State Senate Bill 2013-S5630B

Senate Bill S5630B

2013-2014 Legislative Session

Establishes a moratorium on telephone corporations on the replacement of landline telephone service with a wireless system

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Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2014	print number 5630b
Jan 17, 2014	amend and recommit to energy and telecommunications
Jan 08, 2014	referred to energy and telecommunications
Jun 14, 2013	print number 5630a
Jun 14, 2013	amend and recommit to energy and telecommunications
May 30, 2013	referred to energy and telecommunications

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2013-S5630 - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Services

2013-S5630 - Summary

Establishes a moratorium on telephone corporations on the replacement of landline telephone service with a wireless system.

2013-S5630 - Sponsor Memo

                                BILL NUMBER:S5630

TITLE OF BILL:  An act in relation to establishing a moratorium on
telephone corporations on the replacement of landline telephone
service with a wireless system; and providing for the repeal of such
provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

To establish a one year moratorium on any action taken by a telephone
corporation to replace copper landline service with a wireless system
to allow the Public Service Commission to investigate and conduct
hearings on the appropriateness and legality of such actions.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill would impose a one year moratorium on actions
taken by telephone corporations to replace landline telephones with
wireless systems.

The Public Service Commission ("PSC"), during the period of the
moratorium, is required to investigate and conduct public hearings on
the legality of these proposed actions. The PSC is required to issue a
report to the Governor and the Legislature on its findings and
conclusions.

Section two provides that the bill does not prevent a telephone
corporation from replacing a landline system with a wireless one for
any customer who knowingly agrees to such replacement.

Section three provides that the provisions of this act shall not apply
to any action taken by a telephone corporation pursuant to an order
issued by the public service commission on May 16, 2013 relating to
the western part of Fire Island, New York.

Section four provides that the act shall take effect immediately.

JUSTIFICATION:

It has come to the attention of the Legislature that, in the aftermath
of Hurricane Sandy, telephone corporations are refusing to replace
copper-based landline telephone system, and forcing customers to
accept a wireless communications system. The wireless alternative does
not provide Internet access, thus affecting residential and business
customers' ability to access credit cards, home security and health
monitoring systems.

The telephone corporations have engaged in these actions without
notice or information to the affected customers, and are proceeding
without the formal approval of the PSC.

It is the statutory duty and responsibility of the PSC to investigate
and approve any actions taken by telephone corporations that would
have an adverse affect on service, This bill will require PSC to
investigate and report on the many complex issues raised by these
actions.


PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5630 - Bill Text download pdf

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

                                  5630

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  in  relation  to  establishing a moratorium on telephone corpo-
  rations on the replacement of landline telephone service with a  wire-
  less  system;  and  providing  for  the repeal of such provisions upon
  expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  a.  Notwithstanding any provision of law to the contrary,
commencing with the effective date of this act, there shall be a morato-
rium on any and all actions taken by telephone corporations  subject  to
article  5  of  the  public  service law to replace landline or wireline
telephone service with a wireless system.
  b. During the period of the moratorium, and within no  less  than  one
year  from the effective date of this act, the public service commission
shall investigate and conduct one or more public  hearings  as  well  as
evidentiary hearings with the purpose of gathering information and data,
and  prepare  and submit a report to the governor and the state legisla-
ture on the following questions:
  (1) How does the replacement of a copper-based  wireline  telecommuni-
cations network with a wireless system affect or impact:
  (A)  the  incumbent local exchange carrier's (ILEC) ability to provide
adequate, efficient, proper, reliable, and sufficient service?
  (B) the ability of ILEC to provide its  customers  access  to  service
options, including, but not limited to, Internet access?
  (C) the ability of other service providers, including, but not limited
to, alarm monitoring companies, home health monitoring equipment provid-
ers, to provide services to consumers and businesses?

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11002-02-3

S. 5630                             2

  (D) the ability of deaf and hard-of-hearing consumers to access commu-
nications services in accordance with section 91-a of the public service
law?
  (E) ILECs' rates and charges?
  (F) ILECs' plans to deploy fiber-optic communication to customers over
their networks?
  (G) ILECs' ability to engage in just and reasonable practices consist-
ent  with  the  mandate  set forth in subdivision 2 of section 97 of the
public service law?
  (H) ILECs' ability to comply with the  mandate  to  provide  "adequate
service" pursuant to section 91 of the public service law?
  (I)  ILECs' ability   to provide reliable connections to public safety
or law enforcement agencies during normal operating  conditions?  during
extreme weather conditions? during power outages?
  (J) network reliability?
  (K) the  public service commission's authority under section 98 of the
public  service  law  to  make  and  serve  an order requiring necessary
repairs, improvements, changes or additions?
  (2) Does the replacement of a copper-based wireline telecommunications
network with a wireless system subject affected customers to an undue or
unreasonable prejudice or disadvantage in violation of subdivision 3  of
section 91 of the public service law?
  (3)  What  are  the  specific annual plans of ILECs during each of the
current and subsequent four calendar years regarding their intentions to
substitute wireless for wireline service?
  S 2. Nothing in this act shall be construed to prevent or  preclude  a
telephone  company from replacing a copper-based wireline communications
network with a wireless system for any  customer  who,  after  receiving
appropriate notice and information, consents in writing to such replace-
ment on forms prepared by the public service commission.
  S  3.  This  act  shall  not apply to any actions taken by a telephone
corporation pursuant to an order issued by the public service commission
on May 16, 2013 with respect to case no. 13-C-0197 relating to the west-
ern part of Fire Island, New York.
  S 4. This act shall take effect immediately, and shall expire  and  be
deemed repealed one year after such date.

co-Sponsors

View additional co-sponsors

2013-S5630A - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Services

2013-S5630A - Summary

Establishes a moratorium on telephone corporations on the replacement of landline telephone service with a wireless system.

2013-S5630A - Sponsor Memo

                                BILL NUMBER:S5630A

TITLE  OF  BILL:    An act in relation to establishing a moratorium on
telephone  corporations  on  the  replacement  of  landline  telephone
service  with  a wireless system; and providing for the repeal of such
provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

To establish a moratorium until June 1, 2014 on any actions taken by a
telephone corporation to replace land-line  service  with  a  wireless
system  in  this State in order to allow the Public Service Commission
("PSC") sufficient time to review a report to be submitted by Verizon,
Inc., and to issue its findings and conclusions on the report  and  on
other related questions to the Governor and the State Legislature.

SUMMARY OF SPECIFIC PROVISIONS:

Section  one of the bill would impose a moratorium on actions taken by
telephone corporations to replace land-line telephones  with  wireless
systems  until  June 1, 2014.   The PSC would be required to issue, by
April 1, 2014, a report to the Governor and  the  Legislature  on  its
findings  and  conclusions  to  a report mandated by the PSC requiring
Verizon to describe its actions and experience of  replacing  landline
telephones  with a wireless alternative on Fire Island. The bill would
require the PSC to respond in the report to other questions related to

the replacement of landline with wireless service.

Section two provides that the previsions of this act shall  not  apply
to  any  action  taken by a telephone corporation pursuant to an order
issued by the public service commission on May 16,  2013  relating  to
the western part of Fire Island, New York.

Section  three provides that the bill does not prevent (1) a telephone
corporation from replacing, a landline system with a wireless one  for
any  customer  who knowingly agrees to such replacement or (2) the PSC
from approving the provision of wireless service in an emergency.

Section four provides that the act shall take effect immediately,  and
be deemed repealed on June 1, 2014.

JUSTIFICATION:

On  May  18, 2013, the PSC issued an order allowing Verizon to replace
copper-wire landlines with a  wireless  system  to  restore  telephone
service  on  Fire Island in the aftermath of Hurricane Sandy. The PSC,
however, suspended Verizon's application to  expand  this  replacement
beyond  Fire  Island  until  Verizon  submits  a  report to the PSC on
November 1, 2013, responding to a series of questions  raised  by  the
PSC in the order.

In  light  of  the  many  concerns  and  questions over the benefit to
customers of replacing landlines with  a  wireless  alternative,  this
bill  would require the PSC to issue a report by April 1, 2014, to the
Governor and the State Legislature on its findings and conclusions  to


the  Verizon  report,  and  to the additional questions related to the
replacement of landlines.

It  is the statutory duty and responsibility of the PSC to investigate
and approve any actions taken by telephone  corporations  that  impact
the  quality  and  adequacy  of service. This bill will require PSC to
investigate and report on the many complex issues raised by  Verizon's
plans to replace landlines with wireless.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5630A - Bill Text download pdf

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

                                 5630--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by Sens. MAZIARZ, ADDABBO, BOYLE, CARLUCCI, LARKIN, LATIMER,
  MARTINS, PARKER, PERALTA -- 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  in  relation  to  establishing a moratorium on telephone corpo-
  rations on the replacement of landline telephone service with a  wire-
  less  system;  and  providing  for  the repeal of such provisions upon
  expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  a.  Notwithstanding any provision of law to the contrary,
commencing with the effective date of this act, there shall be a morato-
rium on any and all actions taken by telephone corporations  subject  to
article  5  of  the  public  service law to replace landline or wireline
telephone service with a wireless system.
  b. On or before April 1, 2014, the public  service  commission,  after
conducting  one  or  more  public  hearings,  shall prepare and submit a
report to the governor and the state legislature setting forth its find-
ings and conclusions on the report to be submitted by a telephone corpo-
ration by November 1, 2013 to the public service commission pursuant  to
an  order  issued  by the public service commission on May 16, 2013 with
respect to case no. 13-C-0197.
  c. The public service commission shall include in the report submitted
pursuant to subdivision b of this section its findings  and  conclusions
on the following questions:
  (1)  How  does the replacement of a copper-based wireline telecommuni-
cations network with a wireless system affect or impact:
  (A) the incumbent local exchange carrier's (ILEC) ability  to  provide
adequate, efficient, proper, reliable, and sufficient service?

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11002-04-3

S. 5630--A                          2

  (B)  the  ability  of  ILEC to provide its customers access to service
options, including, but not limited to, Internet access?
  (C) the ability of other service providers, including, but not limited
to, alarm monitoring companies, home health monitoring equipment provid-
ers, to provide services to consumers and businesses?
  (D) the ability of deaf and hard-of-hearing consumers to access commu-
nications services in accordance with section 91-a of the public service
law?
  (E) ILECs' rates and charges?
  (F)  ILECs'  ability  to  comply with the mandate to provide "adequate
service" pursuant to section 91 of the public service law?
  (G) ILECs' ability  to provide reliable connections to  public  safety
or  law  enforcement agencies during normal operating conditions? during
extreme weather conditions? during power outages?
  (H) network reliability?
  (2) Does the replacement of a copper-based wireline telecommunications
network with a wireless system subject affected customers to an undue or
unreasonable prejudice or disadvantage in violation of subdivision 3  of
section 91 of the public service law?
  (3)  What  are  the  specific annual plans of ILECs during each of the
current and subsequent four calendar years regarding their intentions to
substitute wireless for wireline service?
  S 2. This act shall not apply to any  actions  taken  by  a  telephone
corporation pursuant to an order issued by the public service commission
on May 16, 2013 with respect to case no. 13-C-0197 relating to the west-
ern part of Fire Island, New York.
  S 3. Nothing in this act shall be construed to prevent or preclude (1)
a  telephone  company  from  replacing  a copper-based wireline communi-
cations network with a wireless  system  for  any  customer  who,  after
receiving  appropriate  notice  and  information, consents in writing to
such replacement on forms prepared by the public service commission;  or
(2) the public service commission, in the aftermath of a weather-related
or  natural event or emergency, from authorizing a telephone corporation
to take any actions that are suspended by this act.
  S 4. This act shall take effect immediately, and shall expire  and  be
deemed repealed June 1, 2014.

co-Sponsors

View additional co-sponsors

2013-S5630B (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Services

2013-S5630B (ACTIVE) - Summary

Establishes a moratorium on telephone corporations on the replacement of landline telephone service with a wireless system.

2013-S5630B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5630B

TITLE OF BILL:  An act in relation to establishing a moratorium on
telephone corporations on the replacement of landline telephone
service with a wireless system; and providing for the repeal of such
provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

To establish a moratorium until June 1, 2015 on any actions taken by a
telephone corporation to replace land-line service with a wireless
system in this State in order to allow the Public Service Commission
("PSC") sufficient time to review a report to be submitted by Verizon,
Inc., and to issue its findings and conclusions on the report and on
other related questions to the Governor and the State Legislature.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill would impose a moratorium on actions taken by
telephone corporations to replace land-line telephones with wireless
systems until June 1, 2015. The PSC would be required to issue, by
April 1, 2015, a report to the Governor and the Legislature on its
findings and conclusions to a report mandated by the PSC requiring
Verizon to describe its actions and experience of replacing landline
telephones with a wireless alternative on Fire Island. The bill would
require the PSC to respond in the report to other questions related to

the replacement of landline with wireless service.

Section two provides that the previsions of this act shall not apply
to any action taken by a telephone corporation pursuant to an order
issued by the public service commission on May 16, 2013 relating to
the western part of Fire Island, New York.

Section three provides that the bill does not prevent (1) a telephone
corporation from replacing, a landline system with a wireless one for
any customer who knowingly agrees to such replacement or (2) the PSC
from approving the provision of wireless service in an emergency.

Section four provides that the act shall take effect immediately, and
be deemed repealed on June 1, 2015.

JUSTIFICATION:

On May 18, 2013, the PSC issued an order allowing Verizon to replace
copper-wire landlines with a wireless system to restore telephone
service on Fire Island in the aftermath of Hurricane Sandy. The PSC,
however, suspended Verizon's application to expand this replacement
beyond Fire Island until Verizon submits a report to the PSC on
November 1, 2013, responding to a series of questions raised by the
PSC in the order.

In light of the many concerns and questions over the benefit to
customers of replacing landlines with a wireless alternative, this
bill would require the PSC to issue a report by April 1, 2014, to the
Governor and the State Legislature on its findings and conclusions to
the Verizon report, and to the additional questions related to the
replacement of landlines.


It is the statutory duty and responsibility of the PSC to investigate
and approve any actions taken by telephone corporations that impact
the quality and adequacy of service. This bill will require PSC to
investigate and report on the many complex issues raised by Verizon's
plans to replace landlines with wireless.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5630B (ACTIVE) - Bill Text download pdf

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

                                 5630--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by  Sens.  MAZIARZ, ADDABBO, AVELLA, BOYLE, CARLUCCI, DILAN,
  GALLIVAN, GIPSON, LARKIN, LATIMER, MARTINS, PARKER,  PERALTA,  RIVERA,
  SAVINO,  STAVISKY  -- read twice and ordered printed, and when printed
  to be committed to the Committee on Energy and  Telecommunications  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Ener-
  gy and Telecommunications in accordance with Senate Rule 6, sec. 8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT in relation to establishing  a  moratorium  on  telephone  corpo-
  rations  on the replacement of landline telephone service with a wire-
  less system; and providing for the  repeal  of  such  provisions  upon
  expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. a. Notwithstanding any provision of law  to  the  contrary,
commencing with the effective date of this act, there shall be a morato-
rium  on  any and all actions taken by telephone corporations subject to
article 5 of the public service law  to  replace  landline  or  wireline
telephone service with a wireless system.
  b.  On  or  before April 1, 2015, the public service commission, after
conducting one or more public  hearings,  shall  prepare  and  submit  a
report to the governor and the state legislature setting forth its find-
ings and conclusions on the report to be submitted by a telephone corpo-
ration  by November 1, 2013 to the public service commission pursuant to
an order issued by the public service commission on May  16,  2013  with
respect to case no. 13-C-0197.
  c. The public service commission shall include in the report submitted
pursuant  to  subdivision b of this section its findings and conclusions
on the following questions:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11002-05-4

S. 5630--B                          2

  (1) How does the replacement of a copper-based  wireline  telecommuni-
cations network with a wireless system affect or impact:
  (A)  the  incumbent local exchange carrier's (ILEC) ability to provide
adequate, efficient, proper, reliable, and sufficient service?
  (B) the ability of ILEC to provide its  customers  access  to  service
options, including, but not limited to, Internet access?
  (C) the ability of other service providers, including, but not limited
to, alarm monitoring companies, home health monitoring equipment provid-
ers, to provide services to consumers and businesses?
  (D) the ability of deaf and hard-of-hearing consumers to access commu-
nications services in accordance with section 91-a of the public service
law?
  (E) ILECs' rates and charges?
  (F)  ILECs'  ability  to  comply with the mandate to provide "adequate
service" pursuant to section 91 of the public service law?
  (G) ILECs' ability  to provide reliable connections to  public  safety
or  law  enforcement agencies during normal operating conditions? during
extreme weather conditions? during power outages?
  (H) network reliability?
  (2) Does the replacement of a copper-based wireline telecommunications
network with a wireless system subject affected customers to an undue or
unreasonable prejudice or disadvantage in violation of subdivision 3  of
section 91 of the public service law?
  (3)  What  are  the  specific annual plans of ILECs during each of the
current and subsequent four calendar years regarding their intentions to
substitute wireless for wireline service?
  S 2. This act shall not apply to any  actions  taken  by  a  telephone
corporation pursuant to an order issued by the public service commission
on May 16, 2013 with respect to case no. 13-C-0197 relating to the west-
ern part of Fire Island, New York.
  S 3. Nothing in this act shall be construed to prevent or preclude (1)
a  telephone  company  from  replacing  a copper-based wireline communi-
cations network with a wireless  system  for  any  customer  who,  after
receiving  appropriate  notice  and  information, consents in writing to
such replacement on forms prepared by the public service commission;  or
(2) the public service commission, in the aftermath of a weather-related
or  natural event or emergency, from authorizing a telephone corporation
to take any actions that are suspended by this act.
  S 4. This act shall take effect immediately, and shall expire  and  be
deemed repealed June 1, 2015.

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Senate Bill S5630B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

co-Sponsors

2013-S5630 - Details

2013-S5630 - Summary

2013-S5630 - Sponsor Memo

2013-S5630 - Bill Text download pdf

co-Sponsors

2013-S5630A - Details

2013-S5630A - Summary

2013-S5630A - Sponsor Memo

2013-S5630A - Bill Text download pdf

co-Sponsors

2013-S5630B (ACTIVE) - Details

2013-S5630B (ACTIVE) - Summary

2013-S5630B (ACTIVE) - Sponsor Memo

2013-S5630B (ACTIVE) - Bill Text download pdf

Comments