S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3730
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law and the general business law,  in
   relation to telecommunications and cable 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 17 to read as follows:
   17. (A) EVERY TELECOMMUNICATION  CORPORATION  AND  THEIR  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) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY;
   (2) 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;
   (3) DETERMINING DEPOSIT REQUIRED OR BILLING RATE;
   (4) PREPARING INSTALLATION AND REPAIR  SERVICE  ORDERS  AND  OBTAINING
 ACCESS TO SUBSCRIBER'S PREMISES;
   (5)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
 EQUIPMENT AND COMMON PRACTICES;
   (6) INVESTIGATING TROUBLE ORDER FORMS AND INITIATING HIGH BILL  INVES-
 TIGATIONS;
   (7)  HANDLING  PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS OBTAINING
 DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07663-01-3
              

 A. 3730                             2
 
   (8) AIDING CUSTOMERS WITH INTERNAL ASSISTANCE PROGRAMS.
   (B)  NO  TELECOMMUNICATION  CORPORATION  SHALL  CLOSE A CALL CENTER OR
 OTHER FACILITY PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN  PARAGRAPH
 (A)  OF THIS SUBDIVISION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER
 AREA OF THIS STATE OR OUTSIDE OF THIS STATE WITHOUT NOTICE  AND  HEARING
 BEFORE  THE  COMMISSION.  HOWEVER,  AT NO TIME SHALL A TELECOMMUNICATION
 CORPORATION PERMANENTLY TRANSFER MORE THAN .7 PERCENT OF JOBS  FROM  ANY
 CALL  CENTER DESCRIBED ABOVE TO ANOTHER AREA OF THIS STATE OR OUTSIDE OF
 THE STATE AND A VALID  COLLECTIVE  BARGAINING  AGREEMENT  OR  EMPLOYMENT
 CONTRACT THAT GOVERNS PERMANENT TRANSFER PERCENTAGES OF CALL CENTER JOBS
 SHALL SUPERSEDE THE .7 PERCENT JOB TRANSFER RATE DESCRIBED ABOVE.
   (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHEREBY
 UTILITY  COMPANY  POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR
 SIMILAR SERVICE COMPANIES OR WHERE THE ATTENDANCE OF CALL CENTER EMPLOY-
 EES IS LESS THAN NINETY PERCENT IN ANY GIVEN MONTH, THIS  SECTION  SHALL
 NOT  APPLY FOR THE FOLLOWING MONTH. ATTENDANCE FOR THIS SECTION SHALL BE
 DEFINED WHEN AN EMPLOYEE IS EXPECTED TO REPORT TO WORK AS SCHEDULED.  IF
 A COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT DEFINES ATTEND-
 ANCE THEN THAT SHALL SUPERSEDE THE DEFINITION ABOVE. IF ATTENDANCE FALLS
 BELOW  NINETY  PERCENT  AS  A DIRECT RESULT OF THE CORPORATION THEN THIS
 SECTION SHALL APPLY.
   § 2. The general business law is amended by adding a new section 394-f
 to read as follows:
   § 394-F. CABLE COMPANY CALL CENTERS. (A) EVERY CABLE  CORPORATION  AND
 THEIR  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) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY;
   (2) 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;
   (3) DETERMINING DEPOSIT REQUIRED OR BILLING RATE;
   (4) PREPARING INSTALLATION AND REPAIR  SERVICE  ORDERS  AND  OBTAINING
 ACCESS TO SUBSCRIBER'S PREMISES;
   (5)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
 EQUIPMENT AND COMMON PRACTICES;
   (6) INVESTIGATING TROUBLE ORDER FORMS AND INITIATING HIGH BILL  INVES-
 TIGATIONS;
   (7)  HANDLING  PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS OBTAINING
 DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS; AND
   (8) AIDING CUSTOMERS WITH INTERNAL ASSISTANCE PROGRAMS.
   (B) NO CABLE CORPORATION SHALL CLOSE A CALL CENTER OR  OTHER  FACILITY
 PROVIDING  THE  CUSTOMER ASSISTANCE SET FORTH IN SUBDIVISION (A) OF THIS
 SECTION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF NEW YORK
 STATE OR OUTSIDE OF THIS STATE WITHOUT NOTICE  AND  HEARING  BEFORE  THE
 COMMISSION.  HOWEVER,  AT  NO TIME SHALL A CABLE CORPORATION PERMANENTLY
 TRANSFER MORE THAN .7 PERCENT OF JOBS FROM  ANY  CALL  CENTER  DESCRIBED
 ABOVE  TO ANOTHER AREA OF THIS STATE OR OUTSIDE OF THE STATE AND A VALID
 COLLECTIVE BARGAINING AGREEMENT  OR  EMPLOYMENT  CONTRACT  THAT  GOVERNS
 A. 3730                             3
 
 PERMANENT  TRANSFER  PERCENTAGES OF CALL CENTER JOBS SHALL SUPERSEDE THE
 .7 PERCENT JOB TRANSFER RATE DESCRIBED ABOVE.
   (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHEREBY
 UTILITY  COMPANY  POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR
 SIMILAR SERVICE COMPANIES OR WHERE THE ATTENDANCE OF CALL CENTER EMPLOY-
 EES IS LESS THAN NINETY PERCENT IN ANY GIVEN MONTH  THIS  SECTION  SHALL
 NOT  APPLY FOR THE FOLLOWING MONTH. ATTENDANCE FOR THIS SECTION SHALL BE
 DEFINED WHEN AN EMPLOYEE IS EXPECTED TO REPORT TO WORK AS SCHEDULED.  IF
 A COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT DEFINES ATTEND-
 ANCE THEN THAT SHALL SUPERSEDE THE DEFINITION ABOVE. IF ATTENDANCE FALLS
 BELOW  NINETY  PERCENT  AS  A DIRECT RESULT OF THE CORPORATION THEN THIS
 SECTION SHALL APPLY.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law. Effective immediately, 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.