S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    673
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. GALLIVAN, BAILEY -- 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 service quality
   standards for copper telephone systems

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The  legislature hereby finds and
 declares that copper telephone systems are in a state of  disrepair  due
 to  aging equipment and underinvestment by telephone corporations in the
 financial and workforce capital needed to ensure the system's high qual-
 ity  functioning.  In  2005  the  public  service  commission   severely
 curtailed  service  quality penalties, which has led telephone companies
 to virtually abandon upkeep of copper telephone systems letting them age
 and deteriorate. Copper telephone systems will continue  to  deteriorate
 if such issues are not addressed.
   Millions  of  New Yorkers rely on the copper telephone system, in many
 places with no alternative source of affordable service. Many  customers
 are  subject  to  prolonged  service outages, long delays in new service
 installation, and frequent instances of  substandard  service.  Further,
 many  telephone  companies  lack  the  workforce  necessary  to meet the
 system's installation, maintenance and repair needs.
   While some communities within the state  are  not  reliant  on  copper
 telephone  systems,  many  still  are.  There  are communities that have
 access to fiber optic  services  but  significant  portions  of  upstate
 including  cities and rural areas and other underserved areas do not. In
 many cases the regions which do not have access to fiber optic  services
 are  the  same areas suffering from the worst copper service. In most of
 these communities, customers face a virtual broadband monopoly  because,
 as  the  Staff  Telecommunications  Assessment reported in the summer of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02855-01-9

 S. 673                              2
 
 2015, fewer than 1% of broadband customers  choose  satellite  as  their
 provider  and wireless alternatives are too costly because of data caps.
 Thus it is necessary to fix and keep copper telephone  systems  in  good
 working  condition  since  many  communities in New York state are still
 reliant on them. It is the responsibility of the public service  commis-
 sion  to  ensure  that  all telephone corporations maintain their copper
 telephone systems in a state of good repair so that all regions  of  New
 York  state  have equal access to quality functioning telecommunications
 services.
   § 2. The public service law is amended by adding a new section 91-b to
 read as follows:
   § 91-B. SERVICE QUALITY STANDARDS FOR COPPER TELEPHONE SYSTEMS.  1. IN
 ACCORDANCE WITH SUBDIVISION ONE OF SECTION NINETY-ONE AND SECTION  NINE-
 TY-EIGHT  OF THIS ARTICLE, THE COMMISSION SHALL REQUIRE ALL COPPER TELE-
 PHONE SYSTEMS TO BE MAINTAINED IN A STATE OF GOOD  REPAIR  WITHIN  THREE
 YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
   2.  THE  COMMISSION  SHALL ESTABLISH A PLAN TO ACHIEVE A STATE OF GOOD
 REPAIR FOR ALL COPPER TELEPHONE SYSTEMS. SUCH PLAN  SHALL  INCLUDE,  BUT
 SHALL NOT BE LIMITED TO:
   (A)  REINVESTMENT IN COPPER TELEPHONE SYSTEM PLANTS. SUCH REINVESTMENT
 SHALL INCLUDE REPLACING, UPGRADING, MAINTAINING AND REPAIRING  EQUIPMENT
 AND MAINTAINING A SUFFICIENT WORKFORCE TO PERFORM REQUIRED MAINTENANCE;
   (B)  MAINTENANCE  OF  AIR  PRESSURE  SYSTEMS.  SUCH  MAINTENANCE SHALL
 INCLUDE UPDATING AIR PRESSURE EQUIPMENT SUCH AS TRANSDUCERS,  MANIFOLDS,
 AND DEHYDRATORS AND CABLE REPAIRS.  AN ADEQUATE WORKFORCE SHALL BE MAIN-
 TAINED TO PERFORM REQUIRED MAINTENANCE ON SUCH AIR PRESSURE SYSTEMS;
   (C)  CREATION  OF  PROACTIVE MAINTENANCE CREWS TO ENSURE ALL CUSTOMERS
 RECEIVE QUALITY SERVICE; AND
   (D) COLLECTION AND ASSESSMENT OF SERVICE QUALITY DATA. THE  COMMISSION
 SHALL  THEN IMPOSE SERVICE QUALITY PENALTIES FOR FAILURE TO MEET SERVICE
 QUALITY METRICS FOR ALL CONSUMERS.
   § 3. This act shall take effect immediately.