NY State Senate Bill 2015-S2425

Senate Bill S2425

2015-2016 Legislative Session

Requires charges for telephone calls based on duration, whether over lines or by cellular, to be charged and prorated by the second basis

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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 06, 2016	referred to energy and telecommunications
Jan 23, 2015	referred to energy and telecommunications

co-Sponsors

2015-S2425 (ACTIVE) - Details

See Assembly Version of this Bill:: A4978
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§91 & 92-c, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5226
2011-2012: S2511, A4753
2013-2014: S577, A2133
2017-2018: S2671, A2911
2019-2020: S1282
2021-2022: S1248
2023-2024: S174

2015-S2425 (ACTIVE) - Summary

Requires charges for telephone calls based on duration, whether over lines or by cellular, to be charged and prorated by the second; applies to all service providers; authorizes the public service commission to promulgate rules and regulations.

2015-S2425 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2425

TITLE OF BILL:

An act to amend the public service law, in relation to charges for
telephone service on a by the second basis

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 91 of the public service law
requiring all telephone service providers to charge customers prorated
by the second.

Section 2 amends subdivision 1 of section 92-c of the Public Service
Law by adding a new paragraph(c) and a new subdivision 12 including
"aggregators", a hotel motel, innkeeper, school or hospital that
provides public telephones, as falling under the same guidelines for
phone charges as other alternate operator service providers, and COCOT
service providers. Additionally it requires that all of those
providers under this section charge for phone service by the second.

JUSTIFICATION:

In this day of computer automated phone systems, there is no
identifiable reason why phone companies cannot charge their customers
by the second instead of by the minute.

Many smaller long-distance companies already provide this service.
However, the biggest long-distance companies do not. A phone call for
one minute and ten seconds should be charged as that, and not as two
minutes. Phone companies reap huge profits from this billing system
and are reluctant to change the way they do business. The consequence
of this is that New York phone customers are overcharged every time
they make a long-distance call.

This legislation will force these companies to charge by the second,
rather than by the minute, here in New York State.

PRIOR LEGISLATIVE HISTORY:

2014: Senate Bill #577 (Gianaris) - Died in Senate Energy &
Telecommunications Committee
2012: Senate Bill #2511 (Gianaris) - Died in Senate Energy &
Telecommunications Committee
2012: Assembly Bill #4753 (Simotas) - Died in Assembly Corporations,
Authorities and Commissions Committee
2010: Assembly Bill #5226 (Gianaris) - Died in Assembly Corporations,
Authorities and Commissions Committee
2008: Assembly Bill #4257 (Gianaris) - Died in Assembly Corporations,
Authorities and Commissions Committee
2006: Assembly Bill #9503 (Gianaris) - Died in Assembly Codes
Committee
2005: Assembly Bill #9503 (Stringer) Died in Assembly Corporations,
Authorities and Commissions Committee
2004: Assembly Bill #4564 (Stringer) Died in Assembly Corporations,
Authorities and Commissions Committee


2002: Assembly Bill #1668 (Stringer) Died in Assembly Corporations,
Authorities and Commissions Committee
2000: Assembly Bill #1561 (Stringer) Died in Assembly Corporations,
Authorities and Commissions Committee
1998: Assembly Bill #8947 (Stringer) Died in Assembly Corporations,
Authorities and Commissions Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided that the public service commission
is authorized to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective
date on or before such date.

2015-S2425 (ACTIVE) - Bill Text download pdf

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

                                  2425

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced by Sens. GIANARIS, KRUEGER -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Energy and Tele-
  communications

AN ACT to amend the public service law, in relation to charges for tele-
  phone service on a by the second basis

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

  Section  1.  Subdivision 1 of section 91 of the public service law, as
added by chapter 673 of the laws of 1910, is amended to read as follows:
  1. Every telegraph corporation and every telephone  corporation  shall
furnish  and provide with respect to its business such instrumentalities
and facilities as shall be adequate and in all respects just and reason-
able. All charges made or demanded by any telegraph corporation or tele-
phone corporation  for  any  service  rendered  or  to  be  rendered  in
connection  therewith  shall  be  just  and reasonable and not more than
allowed by law or by order of the commission. EVERY CHARGE FOR  TELECOM-
MUNICATIONS SERVICE, WHETHER BY MEANS OF A TELEPHONE LINE OR BY MEANS OF
CELLULAR  RADIO  COMMUNICATION, MADE ON THE BASIS OF THE DURATION OF THE
COMMUNICATION SHALL BE CHARGED AND PRORATED BY THE SECOND. Every  unjust
or  unreasonable  charge  made  or  demanded  for any such service or in
connection therewith or in excess of that allowed by law or by order  of
the commission is prohibited and declared to be unlawful.
  S 2. The section heading of section 92-c of the public service law, as
added  by  chapter 697 of the laws of 1990, is amended, subdivision 1 is
amended by adding a new paragraph (c) and a new subdivision 12 is  added
to read as follows:
  Customer  service  requirements  for  AGGREGATORS,  alternate operator
service providers and COCOT service providers.
  (C) THE TERM "AGGREGATOR" MEANS ANY HOTEL, MOTEL, INNKEEPER, SCHOOL OR
HOSPITAL WHICH IS NOT A TELEGRAPH CORPORATION OR TELEPHONE  CORPORATION,
WHICH,  IN  THE  ORDINARY COURSE OF BUSINESS, MAKES AVAILABLE FOR PUBLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07127-01-5

S. 2425                             2

USE TELEPHONES OR TELEPHONE EQUIPMENT. SUCH TERM SHALL ALSO INCLUDE  ANY
HOTEL,  MOTEL, INNKEEPER, SCHOOL OR HOSPITAL WHICH IMPOSES ANY CHARGE OR
RECEIVES ANY COMPENSATION BY CONTRACT, TARIFF  OR  OTHERWISE  FOR  CALLS
MADE FROM A TELEPHONE PROVIDED IN A GUEST ROOM, DORMITORY, HOSPITAL ROOM
OR OTHER PREMISES UNDER THE CONTROL OF SUCH ENTITY TO AN ALTERNATE OPER-
ATOR  SERVICE PROVIDER.  THE TERM AGGREGATOR ALSO INCLUDES ANY UNIVERSI-
TY, PROVIDED, THAT INCLUSION IN SUCH DEFINITION SHALL IN NO  WAY  AFFECT
THE  TAX-EXEMPT  OR  ANY  OTHER  STATUS OF ANY SUCH UNIVERSITY UNDER THE
EDUCATION LAW, TAX LAW OR NOT-FOR-PROFIT CORPORATION LAW, OR  ANY  OTHER
PROVISION OF LAW, RULE OR REGULATION RELATING THERETO.
  12. EVERY CHARGE FOR TELECOMMUNICATIONS SERVICE BY AN ALTERNATE OPERA-
TOR  SERVICE  PROVIDER, COCOT SERVICE PROVIDER OR AGGREGATOR, WHETHER BY
MEANS OF A TELEPHONE LINE OR BY MEANS OF CELLULAR  RADIO  COMMUNICATION,
MADE  ON THE BASIS OF THE DURATION OF THE COMMUNICATION SHALL BE CHARGED
AND PRORATED BY THE SECOND.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the public service  commission
is  authorized  to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective date
on or before such date.

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Senate Bill S2425

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Sponsored By

Michael Gianaris