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

                                 5619--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 20, 2015
                               ___________

Introduced  by  Sen.  PARKER -- 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  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the public service law, in relation to  service  quality
  standards, credits, reports and penalties

  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  article
12 to read as follows:
                                ARTICLE 12
 PROVISIONS RELATING TO TELEPHONE CORPORATIONS, CABLE CORPORATIONS, AND
              COMBINATION TELEPHONE AND CABLE CORPORATIONS
SECTION 231. DEFINITIONS.
        232. SERVICE  QUALITY  STANDARDS,  MINIMUM  PERFORMANCE  LEVELS,
               CREDITS, AND REPORTS.
        233. ADMINISTRATIVE SANCTIONS; RECOVERY OF PENALTIES.
  S 231. DEFINITIONS. THE WORDS AND PHRASES USED IN THIS  ARTICLE  SHALL
HAVE  THE  FOLLOWING MEANINGS UNLESS A DIFFERENT MEANING CLEARLY APPEARS
IN THE CONTEXT. 1. "CABLE CORPORATION" SHALL  MEAN  ANY  PERSON  OWNING,
CONTROLLING, OPERATING, MANAGING OR LEASING ONE OR MORE CABLE TELEVISION
SYSTEMS WITHIN THE STATE.
  2.  "CABLE TELEVISION SYSTEM" SHALL HAVE THE SAME MEANING AS SET FORTH
IN SECTION TWO HUNDRED TWELVE OF THIS CHAPTER.
  3. "COMBINATION TELEPHONE AND CABLE CORPORATION" SHALL MEAN ANY  TELE-
PHONE  CORPORATION  OPERATING  IN NEW YORK UNDER COMMON OWNERSHIP WITH A
CABLE CORPORATION OPERATING IN NEW YORK OR ANY CABLE CORPORATION OPERAT-
ING IN NEW YORK UNDER COMMON  OWNERSHIP  WITH  A  TELEPHONE  CORPORATION
OPERATING IN NEW YORK, OR ANY SUCCESSOR OF EITHER CORPORATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10591-03-5
              

S. 5619--B                          2

  S 232. SERVICE QUALITY STANDARDS, MINIMUM PERFORMANCE LEVELS, CREDITS,
AND  REPORTS.  THE  COMMISSION  SHALL, BY REGULATIONS ADOPTED OR AMENDED
PURSUANT TO THIS SECTION, ESTABLISH QUALITY OF SERVICE STANDARDS,  MINI-
MUM   PERFORMANCE   LEVELS,  CUSTOMER-SPECIFIC  CREDITS,  AND  REPORTING
REQUIREMENTS  THAT  SHALL  APPLY  TO  EACH  TELEPHONE CORPORATION, CABLE
CORPORATION, OR COMBINATION TELEPHONE AND CABLE CORPORATION. 1.  SERVICE
STANDARDS.  SERVICE  STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO: (A)
MEASURES RELATING TO REPAIRS  FOR  SERVICE  OUTAGES  WITHIN  FORTY-EIGHT
HOURS UNLESS A CUSTOMER OPTS OTHERWISE;
  (B)  A  REQUIREMENT  THAT  NEW INSTALLATION ORDERS BE COMPLETED WITHIN
FIVE DAYS UNLESS A CUSTOMER OPTS OTHERWISE;
  (C) A REQUIREMENT THAT EACH CORPORATION DEVELOP PROCEDURES  TO  PRIOR-
ITIZE  SERVICE  TO CUSTOMERS WHO ARE LIFELINE CUSTOMERS, WHO ARE SPECIAL
NEEDS CUSTOMERS, AND FOR CUSTOMERS WHO UTILIZE A MEDICAL ALERT SYSTEM OR
COMMUNICATIONS EQUIPMENT, IN CONJUNCTION WITH MEDICAL DEVICES, TO  MONI-
TOR  AND  TRANSMIT  MEDICAL  DATA  TO THEIR TREATING PHYSICIANS' MEDICAL
SITES.
  2. MINIMUM PERFORMANCE LEVELS. MINIMUM  PERFORMANCE  LEVELS  FOR  EACH
SERVICE STANDARD SHALL BE DEVELOPED TO ENSURE THAT EACH TELEPHONE CORPO-
RATION,  CABLE  CORPORATION,  OR  COMBINATION TELEPHONE AND CABLE CORPO-
RATION IN THE STATE PROVIDE HIGH QUALITY CUSTOMER SERVICE AND HIGH QUAL-
ITY TECHNICAL SERVICE TO ALL THEIR CUSTOMERS.
  3. CUSTOMER CREDITS OR REBATES. THE COMMISSION SHALL ESTABLISH A SCHE-
DULE OF CUSTOMER CREDITS OR REBATES, WHICH SHALL BE AWARDED TO CUSTOMERS
THAT EXPERIENCE SERVICE OUTAGE CONDITIONS AND  FOR  MISSED  INSTALLATION
APPOINTMENTS.  A  SYSTEM OF GRADUATED CREDITS OR REBATES SHALL BE ESTAB-
LISHED FOR THOSE  CUSTOMERS  WHOSE  SERVICE  OUTAGE  CONDITION  WAS  NOT
CLEARED WITHIN FORTY-EIGHT HOURS OR INSTALLATION WAS NOT COMPLETED WITH-
IN FIVE BUSINESS DAYS UNLESS A CUSTOMER OPTS OTHERWISE.
  4.  SERVICE  QUALITY  MONITORING  AND  REPORTING. THE COMMISSION SHALL
RE-ESTABLISH THE MONITORING AND MEASUREMENTS OF SERVICE QUALITY IN FORCE
ON JANUARY FIRST, TWO THOUSAND TEN FOR TELEPHONE CORPORATIONS AND  SHALL
APPLY  THOSE  SERVICE  QUALITY  STANDARDS TO EACH TELEPHONE CORPORATION,
CABLE CORPORATION, OR COMBINATION TELEPHONE AND CABLE CORPORATION OFFER-
ING TELEPHONE SERVICES.
  S 233. ADMINISTRATIVE SANCTIONS; RECOVERY OF PENALTIES. 1. EVERY TELE-
PHONE CORPORATION, CABLE CORPORATION, OR COMBINATION TELEPHONE AND CABLE
CORPORATION SHALL ADHERE TO EVERY PROVISION OF THIS  CHAPTER  AND  EVERY
ORDER  OR  REGULATION ADOPTED UNDER AUTHORITY OF THIS CHAPTER SO LONG AS
THE SAME SHALL BE IN FORCE.
  2. (A) THE COMMISSION SHALL HAVE  THE  AUTHORITY  TO  ASSESS  A  CIVIL
PENALTY AGAINST EACH TELEPHONE CORPORATION, CABLE CORPORATION, OR COMBI-
NATION  TELEPHONE  AND  CABLE  CORPORATION  OR  PERSON AND THE OFFICERS,
AGENTS AND EMPLOYEES THEREOF SUBJECT TO THE  JURISDICTION,  SUPERVISION,
OR REGULATION PURSUANT TO THIS CHAPTER IN AN AMOUNT AS SET FORTH IN THIS
SECTION.  IN DETERMINING THE AMOUNT OF ANY PENALTY TO BE ASSESSED PURSU-
ANT TO THIS SECTION, THE COMMISSION SHALL CONSIDER: (I) THE  SERIOUSNESS
OF THE VIOLATION FOR WHICH A PENALTY IS SOUGHT;
  (II) THE NATURE AND EXTENT OF ANY PREVIOUS VIOLATIONS FOR WHICH PENAL-
TIES  HAVE BEEN ASSESSED AGAINST THE TELEPHONE CORPORATION, CABLE CORPO-
RATION, OR COMBINATION TELEPHONE AND CABLE CORPORATION OR PERSON;
  (III) THE GROSS REVENUES AND FINANCIAL STATUS OF THE TELEPHONE  CORPO-
RATION,  CABLE  CORPORATION,  OR  COMBINATION TELEPHONE AND CABLE CORPO-
RATION OR PERSON; AND

S. 5619--B                          3

  (IV) SUCH OTHER FACTORS AS THE COMMISSION  MAY  DEEM  APPROPRIATE  AND
RELEVANT.  THE  REMEDIES PROVIDED IN THIS SUBDIVISION ARE IN ADDITION TO
ANY OTHER REMEDIES PROVIDED BY LAW.
  (B)  WHENEVER  THE  COMMISSION  HAS REASON TO BELIEVE THAT A TELEPHONE
CORPORATION, CABLE  CORPORATION,  OR  COMBINATION  TELEPHONE  AND  CABLE
CORPORATION  OR  PERSON  AND SUCH OFFICERS, AGENTS AND EMPLOYEES THEREOF
MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS  SET  FORTH  IN  THIS
SUBDIVISION,  IT  SHALL  NOTIFY  SUCH CORPORATION OR PERSON. SUCH NOTICE
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) THE  DATE  AND  A  BRIEF
DESCRIPTION  OF  THE  FACTS AND NATURE OF EACH ACT OR FAILURE TO ACT FOR
WHICH SUCH PENALTY IS PROPOSED; (II) A LIST OF EACH STATUTE,  REGULATION
OR ORDER THAT THE COMMISSION ALLEGES HAS BEEN VIOLATED; (III) THE AMOUNT
OF  EACH  PENALTY  THAT  THE COMMISSION PROPOSES TO ASSESS; AND (IV) THE
OPTION TO REQUEST A HEARING TO DEMONSTRATE WHY THE PROPOSED  PENALTY  OR
PENALTIES  SHOULD  NOT  BE  ASSESSED  AGAINST  SUCH CORPORATION, OR SUCH
PERSON.
  3. ANY TELEPHONE CORPORATION, CABLE CORPORATION, OR COMBINATION  TELE-
PHONE  AND  CABLE CORPORATION THAT VIOLATES A PROVISION OF THIS CHAPTER,
REGULATION OR AN ORDER ADOPTED UNDER AUTHORITY OF THIS CHAPTER  SO  LONG
AS THE SAME SHALL BE IN FORCE, OR WHO FAILS TO PROVIDE SAFE AND ADEQUATE
SERVICE  SHALL  FORFEIT  A  SUM NOT EXCEEDING THE GREATER OF ONE HUNDRED
THOUSAND DOLLARS OR TWO ONE-HUNDREDTHS OF  ONE  PERCENT  OF  THE  ANNUAL
INTRASTATE  GROSS  OPERATING  REVENUE OF THE CORPORATION, CONSTITUTING A
CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE OF A  CONTINU-
ING VIOLATION, EACH DAY SHALL BE DEEMED A SEPARATE AND DISTINCT OFFENSE.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION, ANY SUCH TELEPHONE CORPORATION, CABLE CORPORATION, OR  COMBINA-
TION  TELEPHONE  AND CABLE CORPORATION THAT VIOLATES A PROVISION OF THIS
CHAPTER, OR AN ORDER OR REGULATION ADOPTED UNDER THE AUTHORITY  OF  THIS
CHAPTER SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFETY OR PREVENTION OF
SIGNIFICANT  DAMAGE TO REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO: (A)
A DEATH OR PERSONAL INJURY; OR (B) DAMAGE TO REAL PROPERTY IN EXCESS  OF
FIFTY THOUSAND DOLLARS, FORFEIT A SUM NOT TO EXCEED THE GREATER OF:  (I)
TWO  HUNDRED  FIFTY  THOUSAND  DOLLARS  OR  THREE  ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF  THE  CORPO-
RATION,  WHICHEVER  IS  GREATER,  CONSTITUTING  A CIVIL PENALTY FOR EACH
SEPARATE AND DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR  PURPOSES  OF
THIS PARAGRAPH, EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED A
SEPARATE  AND  DISTINCT  OFFENSE.  THE  TOTAL  PERIOD  OF  A  CONTINUING
VIOLATION, AS WELL AS  EVERY  DISTINCT  VIOLATION,  SHALL  BE  SIMILARLY
TREATED  AS  A  SEPARATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS PARA-
GRAPH; OR (II) THE MAXIMUM  FORFEITURE  DETERMINED  IN  ACCORDANCE  WITH
SUBDIVISION THREE OF THIS SECTION.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OR FOUR OF THIS
SECTION,  A  TELEPHONE  CORPORATION,  CABLE  CORPORATION, OR COMBINATION
TELEPHONE AND CABLE CORPORATION THAT VIOLATES A PROVISION OF THIS  CHAP-
TER,  OR AN ORDER OR REGULATION ADOPTED UNDER AUTHORITY OF THIS CHAPTER,
DESIGNED TO PROTECT THE OVERALL RELIABILITY AND CONTINUITY  OF  SERVICE,
INCLUDING  BUT  NOT  LIMITED  TO  THE RESTORATION OF SERVICE FOLLOWING A
MAJOR OUTAGE EVENT OR EMERGENCY, SHALL FORFEIT A SUM NOT TO  EXCEED  THE
GREATER  OF: (A) FIVE HUNDRED THOUSAND DOLLARS OR FOUR ONE-HUNDREDTHS OF
ONE PERCENT OF THE ANNUAL INTRASTATE  GROSS  OPERATING  REVENUE  OF  THE
TELEPHONE  CORPORATION,  CABLE CORPORATION, OR COMBINATION TELEPHONE AND
CABLE CORPORATION, WHICHEVER IS GREATER, CONSTITUTING  A  CIVIL  PENALTY
FOR  EACH  SEPARATE  AND  DISTINCT  OFFENSE; PROVIDED, HOWEVER, THAT FOR
PURPOSES OF THIS PARAGRAPH EACH DAY OF A CONTINUING VIOLATION SHALL  NOT

S. 5619--B                          4

BE  DEEMED  A  SEPARATE  AND  DISTINCT  OFFENSE.   THE TOTAL PERIOD OF A
CONTINUING VIOLATION, AS WELL AS EVERY DISTINCT VIOLATION SHALL BE SIMI-
LARLY TREATED AS A SEPARATE AND DISTINCT OFFENSE FOR  PURPOSES  OF  THIS
PARAGRAPH; OR
  (B)  THE  MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION.
  6. ANY OFFICER, AGENT, OR EMPLOYEE OF ANY  CORPORATION  DETERMINED  BY
THE  COMMISSION  TO  HAVE  VIOLATED THE PROVISIONS OF SUBDIVISION THREE,
FOUR, OR FIVE OF THIS SECTION, AND WHO KNOWINGLY VIOLATES A PROVISION OF
THIS CHAPTER, REGULATION OR AN ORDER ADOPTED  UNDER  AUTHORITY  OF  THIS
CHAPTER  SO  LONG  AS THE SAME SHALL BE IN FORCE, INCLUDING A FAILURE TO
PROVIDE SAFE AND ADEQUATE SERVICE, SHALL FORFEIT A SUM NOT TO EXCEED ONE
HUNDRED THOUSAND DOLLARS CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY
OFFENSE AND, IN THE CASE OF A CONTINUING VIOLATION, EACH  DAY  SHALL  BE
DEEMED A SEPARATE AND DISTINCT OFFENSE.
  7.  ANY  SUCH  ASSESSMENT  MAY  BE  COMPROMISED OR DISCONTINUED BY THE
COMMISSION. ALL MONEYS RECOVERED PURSUANT TO THIS SECTION, TOGETHER WITH
THE COSTS THEREOF, SHALL BE REMITTED TO, OR  FOR  THE  BENEFIT  OF,  THE
RATEPAYERS IN A MANNER TO BE DETERMINED BY THE COMMISSION.
  8.  UPON  A  FAILURE BY A TELEPHONE CORPORATION, CABLE CORPORATION, OR
COMBINATION TELEPHONE AND CABLE  CORPORATION  OR  PERSON  TO  REMIT  ANY
PENALTY ASSESSED BY THE COMMISSION PURSUANT TO THIS SECTION, THE COMMIS-
SION, THROUGH ITS COUNSEL, MAY INSTITUTE AN ACTION OR SPECIAL PROCEEDING
TO COLLECT THE PENALTY IN A COURT OF COMPETENT JURISDICTION.
  9.  ANY PAYMENT MADE BY A TELEPHONE CORPORATION, CABLE CORPORATION, OR
COMBINATION TELEPHONE AND CABLE CORPORATION OR PERSON AND THE  OFFICERS,
AGENTS AND EMPLOYEES THEREOF AS A RESULT OF AN ASSESSMENT AS PROVIDED IN
THIS  SECTION,  AND  THE COST OF LITIGATION AND INVESTIGATION RELATED TO
ANY SUCH ASSESSMENT, SHALL NOT BE RECOVERABLE FROM RATEPAYERS, SUBSCRIB-
ERS, OR CUSTOMERS.
  10. IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS CHAPTER  RELAT-
ING TO PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF
A TELEPHONE CORPORATION, CABLE CORPORATION, OR COMBINATION TELEPHONE AND
CABLE  CORPORATION OR PERSON ACTING WITHIN THE SCOPE OF HIS OR HER OFFI-
CIAL DUTIES OR EMPLOYMENT SHALL BE DEEMED TO BE THE ACT  OF  SUCH  TELE-
PHONE CORPORATION, CABLE CORPORATION, OR COMBINATION TELEPHONE AND CABLE
CORPORATION.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately.