NY State Senate Bill 2021-S4586

Senate Bill S4586

2021-2022 Legislative Session

Requires telephone service providers to provide free call mitigation technology to certain telephone customers

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to energy and telecommunications
Feb 05, 2021	referred to energy and telecommunications

2021-S4586 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §91-b, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S6018

2021-S4586 (ACTIVE) - Summary

Requires telephone service providers to provide call mitigation technology to telephone customers, upon request, at no additional charge; requires the commission to levy a fine in an amount equal to twenty-five thousand dollars for each day that a provider of telephone service fails to make such call mitigation technology available to its customers.

2021-S4586 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4586

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the public service law, in relation to requiring tele-
phone service providers to provide free call mitigation technology to
certain telephone customers

 
TITLE:

An act to amend the public service law, in relation to requiring tele-
phone service providers to provide free call mitigation technology to
certain telephone customers.

 
PURPOSE:

To mandate that telecommunications companies provide free call miti-
gation technology to their customers for the express purpose of prevent-
ing fraudulent "spoofing" calls.

 
SUMMARY OF PROVISIONS:

Section 1 mandates that telecommunications companies will provide a free
technology intended to prevent "spoofed" calls from being made to their
customers. It further details a $25,000 per day fine attributed to tele-
communications companies that fail to implement this technology by the
effective date.

Section 2 marks the effective date.

 
JUSTIFICATION:

Unwanted phone calls originating from telemarketers or individuals seek-
ing to defraud unwitting persons through "spoofing" is an ever increas-
ing and significant issue throughout the state of New York, as well as
the country. Technological advancements, coupled with society's acute
interconnectivity, has allowed fraudsters to repeatedly take advantage
of individuals who are not aware that they are being defrauded.

Though New York State - as well as the federal government - has made
strides in mitigating unwanted telemarketing calls from through the Do
Not Call Registry, nefarious calls emanating from outside of the state
and country by persons seeking to gain personally by way of stealing
from innocent, unsuspecting victims has not yet been blunted.  This bill
puts the onus of dealing with these illegal phone calls squarely on
shoulders of telecommunications providers. These calls are being routed
through their company to their customers and they should be the ones who
provide a free service to prevent these customers from being personally
defrauded.

 
LEGISLATIVE HISTORY:

2019-20 S. 6018 - Energy and Telecommunications Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
January 1, 2023.

2021-S4586 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4586
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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, in relation to requiring tele-
   phone service providers to provide free call mitigation technology  to
   certain telephone customers

   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  section
 91-b to read as follows:
   §  91-B.  CALL  MITIGATION  TECHNOLOGY.  1.  A  PROVIDER  OF TELEPHONE
 SERVICE, AS DEFINED IN SUBDIVISION ONE OF SECTION NINETY-TWO-E  OF  THIS
 ARTICLE,  THAT  PROVIDES  TELEPHONE SERVICE TO CUSTOMERS RESIDING IN THE
 STATE SHALL MAKE  CALL  MITIGATION  TECHNOLOGY  AVAILABLE  TO  ANY  SUCH
 CUSTOMER, UPON REQUEST, AND AT NO ADDITIONAL CHARGE. SUCH PROVIDER SHALL
 ALSO OFFER TO ANY SUCH CUSTOMER THE ABILITY TO HAVE THE PROVIDER PREVENT
 CALLS  AND  TEXT  MESSAGES  IDENTIFIED  AS ORIGINATING FROM A PARTICULAR
 PERSON FROM BEING COMPLETED TO THE CALLED PERSON, UPON REQUEST,  AND  AT
 NO ADDITIONAL CHARGE. FOR PURPOSES OF THIS SECTION, THE TERM "CALL MITI-
 GATION  TECHNOLOGY"  SHALL  MEAN  TECHNOLOGY THAT IDENTIFIES AN INCOMING
 CALL OR TEXT MESSAGE AS BEING, OR AS PROBABLY BEING, AN AUTODIALED  CALL
 AND, ON THAT BASIS, BLOCKS THE CALL OR MESSAGE, DIVERTS SUCH CALL TO THE
 CALLED  PERSON'S  ANSWERING SYSTEM, OR OTHERWISE PREVENTS SUCH CALL FROM
 BEING COMPLETED TO  THE  CALLED  PERSON,  EXCEPT  THAT  SUCH  TECHNOLOGY
 PERMITS  A  CALL OR TEXT SO IDENTIFIED TO BE COMPLETED WHEN SUCH CALL IS
 IDENTIFIED AS BEING MADE BY A LAW ENFORCEMENT OR PUBLIC  SAFETY  ENTITY,
 OR  WHEN  SUCH  CALL  IS  IDENTIFIED  AS  ORIGINATING FROM A CALLER WITH
 RESPECT TO WHOM THE CALLED PERSON HAS PROVIDED PRIOR EXPRESS CONSENT  TO
 RECEIVE SUCH A CALL OR MESSAGE AND HAS NOT REVOKED THAT CONSENT.
   2.  THE COMMISSION SHALL LEVY A FINE IN AN AMOUNT EQUAL TO TWENTY-FIVE
 THOUSAND DOLLARS FOR EACH DAY THAT A PROVIDER OF TELEPHONE SERVICE FAILS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04389-01-1

 S. 4586                             2
 
 TO MAKE SUCH CALL MITIGATION TECHNOLOGY AVAILABLE TO  ITS  CUSTOMERS  IN
 ACCORDANCE WITH THIS SECTION.
   3.  THE  COMMISSION  SHALL  PRESCRIBE  REGULATIONS  TO  IMPLEMENT  THE
 REQUIREMENTS OF THIS SECTION, INCLUDING, IF  APPROPRIATE,  A  REASONABLE
 DELAY  IN REQUIRING IMPLEMENTATION AND OFFERING OF CALL MITIGATION TECH-
 NOLOGY IF FOR GOOD CAUSE, TAKING INTO ACCOUNT  THE  CONSUMER  PROTECTION
 PURPOSES  OF THIS SECTION, AND INCLUDING PROCEDURES FOR ADDRESSING INCI-
 DENTS IN WHICH A  CALL  OR  TEXT  MESSAGE  WANTED  BY  THE  CUSTOMER  IS
 PREVENTED FROM REACHING THE CUSTOMER.
   §  2. This act shall take effect January 1, 2023. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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