S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5812
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the public service law and the general business law, in
   relation to call centers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 65 of the public service law is amended by adding a
 new subdivision 16 to read as follows:
   16.  (A) EVERY TELECOMMUNICATION SERVICE PROVIDER AND ITS SUBSIDIARIES
 FURNISHING TRADITIONAL LANDLINE TELEPHONE SERVICE, FIBER OPTIC  SERVICE,
 VOICE  OVER  INTERNET  PROTOCOL (VOIP), DATA CIRCUITS, CABLE OR INTERNET
 SERVICES SHALL PROVIDE CALL CENTER SERVICE ASSISTANCE INCLUDING, BUT NOT
 LIMITED TO OPERATOR SERVICES,  DIRECTORY  ASSISTANCE  BUREAUS  AND  CALL
 COMPLETION  SERVICES  FOR THE FOLLOWING:   (1) EXPLAINING COMPANY RATES,
 REGULATIONS, POLICIES, PROCEDURES, EQUIPMENT, CUSTOMER  SERVICE  OPTIONS
 AND COMMON PRACTICES; (2) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY,
 REQUIRED  DEPOSITS,  BILLING RATES, OR HANDLING PAYMENT AND OTHER CREDIT
 ARRANGEMENTS  SUCH  AS  OBTAINING  DEPOSITS,  FINANCIAL  STATEMENTS  AND
 PAYMENT  PLANS;  (3)  TAKING  REQUESTS  FOR  NEW OR ADDITIONAL SERVICES,
 INCLUDING, BUT NOT LIMITED TO, EMERGENCY SERVICE, COMPLETING  ASSISTANCE
 WITH  DIALING,  USING CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE
 VERIFICATION OR  RELAY  CENTERS  FOR  THE  HEARING  IMPAIRED,  PROVIDING
 REQUESTED  LOCAL AND NATIONAL TELEPHONE NUMBERS, REVERSE NUMBER SEARCHES
 AND TAKING REQUESTS FOR AND COMPLETING THE PUBLISHING AND NON-PUBLISHING
 OF A TELEPHONE NUMBER, AND PROVIDING ASSISTANCE TO  PAYPHONE  CUSTOMERS;
 AND  (4)  PREPARING INSTALLATION AND REPAIR SERVICE ORDERS AND OBTAINING
 ACCESS TO SUBSCRIBER'S PREMISES.
   (B) NO TELECOMMUNICATION SERVICE PROVIDER NOR ITS  SUBSIDIARIES  SHALL
 CLOSE  A CALL CENTER OR OTHER FACILITY PROVIDING THE CUSTOMER ASSISTANCE
 SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION OR RELOCATE SUCH CUSTOMER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05486-01-7

 S. 5812                             2
 
 ASSISTANCE TO ANOTHER AREA OF NEW YORK STATE  OR  OUTSIDE  OF  NEW  YORK
 STATE  WITHOUT  NOTICE  AND  PUBLIC  HEARING BEFORE THE COMMISSION. UPON
 RECEIPT OF THE NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH,  THE  COMMIS-
 SION  SHALL  PROVIDE  NOTICE OF THE PROCEEDING TO INTERESTED PARTIES AND
 THE PUBLIC; AND SHALL PROMPTLY FIX A DATE  FOR  THE  COMMENCEMENT  OF  A
 PUBLIC  HEARING THEREON NOT LESS THAN SIXTY DAYS AFTER SUCH RECEIPT. THE
 TESTIMONY PRESENTED AT SUCH HEARING MAY BE PRESENTED IN WRITING OR ORAL-
 LY, PROVIDED THAT THE COMMISSION MAY  MAKE  RULES  DESIGNED  TO  EXCLUDE
 REPETITIVE,  REDUNDANT  OR  IRRELEVANT TESTIMONY WHILE GIVING ALL INTER-
 ESTED PARTIES THE OPPORTUNITY TO PRESENT THEIR DOCUMENTARY AND/OR TESTI-
 MONIAL EVIDENCE. THE COMMISSION SHALL MAKE A RECORD OF ALL TESTIMONY  IN
 ALL  CONTESTED  HEARINGS.  FOR PURPOSES OF THIS SECTION "PUBLIC HEARING"
 MEANS A PUBLIC FORUM AT A  PHYSICAL  LOCATION,  ATTENDED  BY  COMMISSION
 MEMBERS OR THEIR DESIGNEES, WHERE ORAL TESTIMONY IS ACCEPTED AND WRITTEN
 TESTIMONY MAY BE SUBMITTED FOR INCLUSION IN THE RECORD. SUCH FORUM SHALL
 BE  OPEN  TO  PARTIES  TO  THE PROCEEDING AND THE GENERAL PUBLIC FOR THE
 PRESENTATION OF COMMENTS THAT SHALL BE LIMITED TO RELEVANT FACTS DIRECT-
 LY RELATED  TO  THE  PROCEEDING  IN  QUESTION.  SUCH  HEARING  SHALL  BE
 COMMENCED  UPON  PROPER  NOTICE TO THE PARTIES TO THE PROCEEDING AND THE
 PUBLIC AT LEAST THIRTY DAYS PRIOR TO THE SCHEDULED  DATE.    SHOULD  THE
 COMMISSION  RULE  IN  FAVOR  OF  CLOSING A CALL CENTER OR OTHER FACILITY
 PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  OR  RELOCATING  SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF
 NEW YORK STATE  THEN  THE  TELECOMMUNICATION  SERVICE  PROVIDER  OR  ITS
 SUBSIDIARIES SHALL PROVIDE NOTIFICATION ONE HUNDRED EIGHTY CALENDAR DAYS
 IN ADVANCE OF CLOSING OR RELOCATION.
   (C)  THIS  SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHERE
 BY COMPANY POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR  SIMI-
 LAR SERVICE COMPANIES.
   §  2. The general business law is amended by adding a new section 399-
 yyy to read as follows:
   § 399-YYY. CABLE SERVICE PROVIDER. 1. EVERY CABLE SERVICE PROVIDER AND
 ITS SUBSIDIARIES  FURNISHING  TRADITIONAL  LANDLINE  TELEPHONE  SERVICE,
 FIBER OPTIC SERVICE, VOICE OVER INTERNET PROTOCOL (VOIP), DATA CIRCUITS,
 CABLE  OR INTERNET SERVICES SHALL PROVIDE CALL CENTER SERVICE ASSISTANCE
 INCLUDING, BUT NOT LIMITED TO  OPERATOR  SERVICES,  DIRECTOR  ASSISTANCE
 BUREAUS  AND CALL COMPLETION SERVICES FOR THE FOLLOWING:  (A) EXPLAINING
 COMPANY RATES, REGULATIONS, POLICIES,  PROCEDURES,  EQUIPMENT,  CUSTOMER
 SERVICE OPTIONS AND COMMON PRACTICES; (B) DETERMINING CUSTOMER FINANCIAL
 RESPONSIBILITY,  REQUIRED  DEPOSITS,  BILLING RATES, OR HANDLING PAYMENT
 AND OTHER CREDIT ARRANGEMENTS  SUCH  AS  OBTAINING  DEPOSITS,  FINANCIAL
 STATEMENTS  AND PAYMENT PLANS; (C) TAKING REQUESTS FOR NEW OR ADDITIONAL
 SERVICES, INCLUDING, BUT NOT LIMITED TO, EMERGENCY  SERVICE,  COMPLETING
 ASSISTANCE  WITH DIALING, USING CALLING CARDS, CONNECTING COLLECT CALLS,
 BUSY LINE VERIFICATION  OR  RELAY  CENTERS  FOR  THE  HEARING  IMPAIRED,
 PROVIDING REQUESTED LOCAL AND NATIONAL TELEPHONE NUMBERS, REVERSE NUMBER
 SEARCHES  AND TAKING REQUESTS FOR AND COMPLETING THE PUBLISHING AND NON-
 PUBLISHING OF A TELEPHONE NUMBER, AND PROVIDING ASSISTANCE TO PAY  PHONE
 CUSTOMERS;  AND (D) PREPARING INSTALLATION AND REPAIR SERVICE ORDERS AND
 OBTAINING ACCESS TO SUBSCRIBER'S PREMISES.
   2. NO CABLE SERVICE PROVIDER NOR ITS SUBSIDIARIES SHALL CLOSE  A  CALL
 CENTER  OR OTHER FACILITY PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN
 SUBDIVISION ONE OF THIS SECTION OR RELOCATE SUCH CUSTOMER ASSISTANCE  TO
 ANOTHER  AREA  OF  NEW  YORK  STATE OR OUTSIDE OF NEW YORK STATE WITHOUT
 NOTICE AND PUBLIC HEARING BEFORE THE COMMISSION.   UPON RECEIPT  OF  THE
 NOTICE  REQUIRED  PURSUANT  TO  THIS  SUBDIVISION,  THE COMMISSION SHALL

 S. 5812                             3
 
 PROVIDE NOTICE OF THE PROCEEDING TO INTERESTED PARTIES AND  THE  PUBLIC;
 AND  SHALL  PROMPTLY FIX A DATE FOR THE COMMENCEMENT OF A PUBLIC HEARING
 THEREON NOT LESS THAN SIXTY  DAYS  AFTER  SUCH  RECEIPT.  THE  TESTIMONY
 PRESENTED  AT  SUCH  HEARING  MAY  BE  PRESENTED  IN  WRITING OR ORALLY,
 PROVIDED THAT THE COMMISSION MAY MAKE RULES DESIGNED TO EXCLUDE  REPETI-
 TIVE,  REDUNDANT  OR  IRRELEVANT  TESTIMONY  WHILE GIVING ALL INTERESTED
 PARTIES THE OPPORTUNITY TO PRESENT THEIR DOCUMENTARY AND/OR  TESTIMONIAL
 EVIDENCE.    THE  COMMISSION SHALL MAKE A RECORD OF ALL TESTIMONY IN ALL
 CONTESTED HEARINGS. FOR PURPOSES OF THIS SECTION "PUBLIC HEARING"  MEANS
 A PUBLIC FORUM AT A PHYSICAL LOCATION, ATTENDED BY COMMISSION MEMBERS OR
 THEIR  DESIGNEES, WHERE ORAL TESTIMONY IS ACCEPTED AND WRITTEN TESTIMONY
 MAY BE SUBMITTED FOR INCLUSION IN THE RECORD. SUCH FORUM SHALL  BE  OPEN
 TO PARTIES TO THE PROCEEDING AND THE GENERAL PUBLIC FOR THE PRESENTATION
 OF  COMMENTS THAT SHALL BE LIMITED TO RELEVANT FACTS DIRECTLY RELATED TO
 THE PROCEEDING IN QUESTION.  SUCH HEARING SHALL BE COMMENCED UPON PROPER
 NOTICE TO THE PARTIES TO THE PROCEEDING AND THE PUBLIC AT  LEAST  THIRTY
 DAYS  PRIOR  TO THE SCHEDULED DATE.  SHOULD THE COMMISSION RULE IN FAVOR
 OF CLOSING A CALL  CENTER  OR  OTHER  FACILITY  PROVIDING  THE  CUSTOMER
 ASSISTANCE  SET  FORTH  IN SUBDIVISION ONE OF THIS SECTION OR RELOCATING
 SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF  NEW  YORK  STATE  THEN  THE
 CABLE  SERVICE  PROVIDER  OR ITS SUBSIDIARIES SHALL PROVIDE NOTIFICATION
 ONE HUNDRED EIGHTY CALENDAR DAYS IN ADVANCE OF CLOSING OR RELOCATION.
   3. THIS SECTION SHALL NOT APPLY TO THE COLLECTION  OF  DEBT  WHERE  BY
 COMPANY  POLICY  SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR SIMILAR
 SERVICE COMPANIES.
   § 3. This act shall take effect immediately.