NY State Senate Bill 2021-S5524

Senate Bill S5524

2021-2022 Legislative Session

Establishes a moratorium prohibiting certain broadband terminations and disconnections during a state disaster emergency

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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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to energy and telecommunications
Jun 10, 2021	committed to rules
Mar 22, 2021	advanced to third reading
Mar 18, 2021	2nd report cal.
Mar 17, 2021	1st report cal.601
Mar 09, 2021	referred to energy and telecommunications

Votes

- Mar 17, 2021 - Energy And Telecommunications Committee Vote
  S5524
  
  7
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Mar 17, 2021
      
      aye (7)
      
      Gaughran
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Parker
      
      Ritchie
      
      aye wr (2)
      
      Boyle
      
      O'Mara

co-Sponsors

2021-S5524 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: General Business Law
Laws Affected:: Add §399-zzzzz, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S1203

2021-S5524 (ACTIVE) - Summary

Establishes a moratorium prohibiting certain broadband service terminations and disconnections during a state disaster emergency.

2021-S5524 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5524        Revised 3/11/2021

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to establishing a
moratorium prohibiting certain broadband terminations or disconnections
during a state disaster emergency

 
PURPOSE:

Establishes a moratorium prohibiting certain broadband terminations and
disconnections during a state disaster emergency.

 
SUMMARY OF PROVISIONS:

Section 1. Defines "broadband service"

Section 2. Provides the prohibiting of a person, business, corporation,
or their agents providing or seeking to provide service in New York
state from terminating or disconnecting services provided over their

infrastructure to a residential service customer or a small business
customer with twenty-five or fewer employees that is not a (i) publicly
held company, or a subsidiary thereof, (ii) seasonal, short-term, or
temporary customer, or (iii) customer that the broadband service provid-
er can demonstrate has the resources to pay the bill. The broadband
service provider must notify the small business customer of its reasons
and the customers right to contest this determination through the
commission's complaint procedures for the non-payment overdue charge for
the duration of the state disaster emergency, national, or global event.
This section also established the duty for service providers to restore
service at the request of any residential or small business customer
within 48 hours if such service is terminated during the state disaster
emergency and disconnection of service was due to non-payment of an
overdue charge.

Section 3. Provides the prohibiting of termination or disconnect of
service provided to customers due to defaulted deferred payment agree-
ments or arrears owed when the customer has experienced a change in
financial circumstances due to a state disaster emergency. This section
also allows a residential or small business customer with the right to
enter into, or restructure a deferred payment agreement without the
requirement of a down payment, late,fees, or penalties applicable to all
arrears incurred during the duration of the state disaster emergency.

Section 4. Service providers must notify customers in writing to be
included in bill statement or when appropriate via electronic trans-
mission the provisions, which have certified a change in financial
circumstances due to the state disaster emergency, of offering such
customers a deferred payment agreement consistent with article two of
the public service law.

Section 5. Service providers are not prohibited from recovering lost or
deferred revenues after the lifting or expiration of a state disaster
emergency. Nothing in this section shall prohibit person, business,
corporation, or their agents providing or seeking to provide broadband
service in New York state from disconnecting service at the request of
the customer or from disconnecting service when necessary to protect the
health and safety of customers and the public. However, the customer may
contest the service disconnection through a process to be created by the
company.

Section 6. Whenever a violation, an application may be made by the
attorney general in the name of the people of the state of New York to a
court or justice having jurisdiction. If it has been decided the defend-
ant has violated this section, injunction may be issued to the court or
justice, enjoining or restraining any further violations, without
requiring proof that any person had, in fact, been injured or damaged
thereby. The court may impose a civil penalty of not more than $1,000.00
dollars per violation. The attorney general is authorized to take proof
and make a determination of relevant facts and to issue subpoenas in
accordance with the civil practice law rules.

 
JUSTIFICATION:

Broadband service is not only necessary to apply to jobs, but is vital
to appointment making for New York residents to receive the COVID-19
vaccine, to participate in telemedicine appointments, pay bills, for
students to continue their education, and allow those working remotely
to continue to. This bill also makes necessary technical changes to
provisions relating to the COVID-19 state disaster emergency.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that this act
shall be applicable to relevant executive orders issued on or after the
effective date of this act.

2021-S5524 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5524
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the general business law, in relation to establishing a
   moratorium  prohibiting  certain  broadband  terminations  or  discon-
   nections during a state disaster emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-zzzzz to read as follows:
   § 399-ZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR  DISCON-
 NECTIONS.  1.  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "BROADBAND
 SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPA-
 BILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM  ALL  OR  SUBSTANTIALLY
 ALL  INTERNET  ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL
 TO AND ENABLE THE OPERATION OF THE  COMMUNICATIONS  SERVICE,  AND  SHALL
 INCLUDE  SERVICE PROVIDED BY COMMERCIAL MOBILE TELEPHONE SERVICE PROVID-
 ERS, BUT SHALL NOT INCLUDE DIAL-UP SERVICE.
   2. NO PERSON, BUSINESS, CORPORATION,  OR  THEIR  AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE
 OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A  RESIDEN-
 TIAL  SERVICE  CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR
 FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY
 THEREOF, (II) SEASONAL, SHORT-TERM,  OR  TEMPORARY  CUSTOMER,  OR  (III)
 CUSTOMER  THAT  THE  BROADBAND  SERVICE PROVIDER CAN DEMONSTRATE HAS THE
 RESOURCES TO PAY THE BILL, PROVIDED THAT THE BROADBAND SERVICE  PROVIDER
 NOTIFIES  THE  SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM-
 ER'S RIGHT  TO  CONTEST  THIS  DETERMINATION  THROUGH  THE  COMMISSION'S
 COMPLAINT  PROCEDURES,  FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE
 DURATION OF A STATE DISASTER  EMERGENCY  DECLARED  PURSUANT  TO  SECTION
 TWENTY-EIGHT  OF  THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09903-02-1

 S. 5524                             2
 
 GLOBAL EVENT THAT IS DEEMED TO RESULT  IN  A  SIGNIFICANT  NEGATIVE  AND
 LONG-TERM  IMPACT  ON THE STATE'S ECONOMIC FUTURE. SUCH PERSONS OR ENTI-
 TIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO  THE  EXTENT  NOT  ALREADY
 REQUIRED,  AT  THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER
 WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING  THE
 PENDENCY  OF  THE  STATE  DISASTER  EMERGENCY  AND DISCONNECTION OF SUCH
 SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE.
   3. NO PERSON, BUSINESS, CORPORATION,  OR  THEIR  AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE
 OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A  RESIDEN-
 TIAL  OR  SMALL  BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED
 PAYMENT AGREEMENTS OR ARREARS THEN OWED TO SUCH PERSONS OR ENTITIES WHEN
 SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO
 A STATE DISASTER EMERGENCY AS SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
 SECTION. THE PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING  TO  PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE SHALL PROVIDE
 SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER  WITH  THE  RIGHT  TO  ENTER
 INTO,  OR  RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE
 PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW WITHOUT THE REQUIRE-
 MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH  SUCH  PROHIBITION
 ON  DOWN  PAYMENTS,  LATE  FEES,  OR PENALTIES APPLICABLE TO ALL ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE SHALL PROVIDE
 NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN  A  WRITING  TO  BE
 INCLUDED  WITH  A  BILL  STATEMENT  OR, WHEN APPROPRIATE, VIA ELECTRONIC
 TRANSMISSION THE PROVISIONS OF  THIS  SECTION  AND  SHALL  FURTHER  MAKE
 REASONABLE  EFFORTS  TO CONTACT CUSTOMERS WHO HAVE CERTIFIED A CHANGE IN
 FINANCIAL CIRCUMSTANCES DUE TO A STATE DISASTER EMERGENCY AS  SET  FORTH
 IN  SUBDIVISION  TWO  OF  THIS  SECTION FOR THE PURPOSE OF OFFERING SUCH
 CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF
 ARTICLE TWO OF THE PUBLIC SERVICE LAW.
   5. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
 A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE BROADBAND SERVICE IN NEW YORK  STATE  FROM  RECOVERING  LOST  OR
 DEFERRED  REVENUES  AFTER  THE LIFTING OR EXPIRATION OF A STATE DISASTER
 EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION,  PURSUANT  TO
 SUCH  MEANS  FOR  RECOVERY  BY  MEANS  NOT  INCONSISTENT WITH ANY OF THE
 PROVISIONS OF THIS SECTION. NOTHING IN THIS  SECTION  SHALL  PROHIBIT  A
 PERSON,  BUSINESS,  CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM  DISCONNECTING  SERVICE
 AT  THE  REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL PROHIBIT A
 PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR  SEEKING  TO
 PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE
 WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF  CUSTOMERS  AND
 THE  PUBLIC,  PROVIDED  HOWEVER  THE  CUSTOMER  MAY  CONTEST THE SERVICE
 DISCONNECTION THROUGH A PROCESS TO BE CREATED BY THE COMPANY.
   6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
 VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
 JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
 INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
 RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY

 S. 5524                             3
 
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS PER VIOLATION. IN  CONNECTION  WITH  ANY  SUCH
 PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately; provided,  however,  that
 this  act  shall be applicable to relevant executive orders issued on or
 after the effective date of this act.

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Senate Bill S5524

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Sponsored By

Kevin S. Parker