NY State Senate Bill 2021-S1248

Senate Bill S1248

2021-2022 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 05, 2022	referred to energy and telecommunications
Jan 08, 2021	referred to energy and telecommunications

co-Sponsors

2021-S1248 (ACTIVE) - Details

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:: 2011-2012: S2511
2013-2014: S577
2015-2016: S2425
2017-2018: S2671
2019-2020: S1282
2023-2024: S174

2021-S1248 (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.

2021-S1248 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1248

SPONSOR: GIANARIS
 
TITLE OF BILL:

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

 
PURPOSE:

 
SUMMARY OF 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 "aggre-
gators", a hotel motel, innkeeper, school or hospital that provides
public telephones, as falling under the same guidelines for phone charg-
es 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.

 
EXISTING LAW:

 
JUSTIFICATION:

In this day of computer automated phone systems, there is no identifi-
able 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.

 
LEGISLATIVE HISTORY:

2020: Died in Energy and Telecommunications
2019: Died in Energy and Telecommunications
2018: Died in Energy and Telecommunications
2017: Died in Energy and Telecommunications
2016: Died in Energy and Telecommunications
2015: Died in Energy and Telecommunications
2014: Died in Energy and Telecommunications
2012: Died in Energy and Telecommunications

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

 
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.

2021-S1248 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1248
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 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.
   § 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.

                                                            LBD03278-01-1

 S. 1248                             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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.

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Senate Bill S1248

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Sponsored By

Michael Gianaris