S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8094
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 29, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to  requiring  cable
   television  companies, internet service providers and telephone corpo-
   rations to automatically refund customers when their systems  are  out
   of  service  or experiencing an outage, when a customer's equipment is
   not operating correctly, or when a portion of their services  are  not
   provided
 
   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
 224-d to read as follows:
   §  224-D.  CABLE  REFUNDS.  1.  EVERY  CABLE  TELEVISION  COMPANY THAT
 PROVIDES CABLE SERVICE TO CUSTOMERS  IN  NEW  YORK  SHALL  AUTOMATICALLY
 CREDIT ITS CUSTOMERS BILLING STATEMENT WHENEVER:
   (A)  A CABLE TELEVISION SYSTEM IS OUT OF SERVICE OR IS EXPERIENCING AN
 OUTAGE OR WHEN THE CUSTOMER'S CABLE BOX IS NOT OPERATING CORRECTLY,  FOR
 A PERIOD OF FOUR HOURS OR LONGER;
   (B)  NOTWITHSTANDING  SUBDIVISION  SIX  OF SECTION TWO HUNDRED TWENTY-
 FOUR-A OF THIS ARTICLE, A CABLE  TELEVISION  SYSTEM  DOES  NOT  CARRY  A
 NETWORK ON A SERVICE TIER, FOR A PERIOD OF FOUR HOURS OR LONGER; OR
   (C) A SUBSCRIBER TERMINATES THE CABLE TELEVISION SERVICES.
   2.  (A) WHERE REQUIRED UNDER PARAGRAPHS (A) AND (C) OF SUBDIVISION ONE
 OF THIS SECTION, A CREDIT SHALL BE  ISSUED  FOR  ONE  THIRTIETH  OF  THE
 MONTHLY  RATES  FOR  EACH  DAY  THE SUBSCRIBER IS NOT ABLE TO ACCESS THE
 CABLE TELEVISION NETWORK FOR A PERIOD OF FOUR HOURS OR LONGER.
   (B) WHERE REQUIRED UNDER PARAGRAPH (B)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  A  CREDIT  SHALL BE ISSUED WHICH IS PRO-RATED AS DETERMINED BY
 THE COMMISSIONER BASED ON FACTORS INCLUDING, BUT  NOT  LIMITED  TO,  THE
 DURATION  WHICH THE CABLE TELEVISION SYSTEM DID NOT CARRY THE NETWORK ON
 THE SERVICE TIER AND THE COST OF THE NETWORK  TO  THE  CABLE  TELEVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13259-01-3
              

 A. 8094                             2
 
 COMPANY COMPARED TO THE COST OF ALL NETWORKS DISTRIBUTED ON SUCH SERVICE
 TIER.
   3.  WHERE  A  SUBSCRIBER  TERMINATES  SERVICE  WITH A CABLE TELEVISION
 COMPANY, ANY CREDIT ISSUED UNDER THIS SECTION WHICH EXCEEDS  THE  AMOUNT
 DUE ON A BILLING STATEMENT SHALL BE ISSUED TO THE SUBSCRIBER IN THE FORM
 OF  A  CHECK  IN THE SUBSCRIBER'S NAME IN THE AMOUNT SUCH CREDIT EXCEEDS
 SUCH AMOUNT DUE.
   § 2. The article heading of article 11 of the public service  law,  as
 added by chapter 83 of the laws of 1995, is amended to read as follows:
                  PROVISIONS RELATING TO CABLE TELEVISION
                          AND INTERNET COMPANIES
 §  3.  Section  212 of the public service law is amended by adding a new
 subdivision 15 to read as follows:
   15. "INTERNET SERVICE PROVIDER" SHALL MEAN  ANY  PERSON,  BUSINESS  OR
 ORGANIZATION  QUALIFIED TO DO BUSINESS IN THIS STATE THAT PROVIDES INDI-
 VIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT  TO
 THE INTERNET.
   §  4.  The public service law is amended by adding a new section 224-e
 to read as follows:
   § 224-E. INTERNET REFUNDS. 1. EVERY  INTERNET  SERVICE  PROVIDER  THAT
 PROVIDES  INTERNET  SERVICE TO CUSTOMERS IN NEW YORK SHALL AUTOMATICALLY
 CREDIT ITS CUSTOMERS BILLING STATEMENT WHENEVER THE INTERNET SERVICE  IS
 OUT  OF SERVICE OR IS EXPERIENCING AN OUTAGE, FOR A PERIOD OF FOUR HOURS
 OR LONGER.
   2. WHERE REQUIRED UNDER SUBDIVISION ONE  OF  THIS  SECTION,  A  CREDIT
 SHALL  BE ISSUED FOR ONE THIRTIETH OF THE MONTHLY RATES FOR EACH DAY THE
 SUBSCRIBER IS NOT ABLE TO ACCESS THE INTERNET FOR A PERIOD OF FOUR HOURS
 OR LONGER.
   3. WHERE A SUBSCRIBER TERMINATES  SERVICE  WITH  AN  INTERNET  SERVICE
 PROVIDER,  ANY CREDIT ISSUED UNDER THIS SECTION WHICH EXCEEDS THE AMOUNT
 DUE ON A BILLING STATEMENT SHALL BE ISSUED TO THE SUBSCRIBER IN THE FORM
 OF A CHECK IN THE SUBSCRIBER'S NAME IN THE AMOUNT  SUCH  CREDIT  EXCEEDS
 SUCH AMOUNT DUE.
   § 5. The public service law is amended by adding a new section 92-j to
 read as follows:
   §  92-J. TELEPHONE REFUNDS. EVERY TELEPHONE CORPORATION, AS DEFINED IN
 SUBDIVISION SEVENTEEN OF SECTION TWO  OF  THIS  CHAPTER,  THAT  PROVIDES
 TELEPHONE  SERVICE  TO  CUSTOMERS IN NEW YORK SHALL AUTOMATICALLY CREDIT
 ITS CUSTOMERS BILLING STATEMENT WHENEVER THE TELEPHONE SERVICE IS OUT OF
 SERVICE OR IS EXPERIENCING AN OUTAGE, FOR A PERIOD OF THIRTY MINUTES  OR
 LONGER.
   2.  WHERE  REQUIRED  UNDER  SUBDIVISION  ONE OF THIS SECTION, A CREDIT
 SHALL BE ISSUED FOR ONE THIRTIETH OF THE MONTHLY RATES FOR EACH DAY  THE
 SUBSCRIBER  IS  NOT  ABLE  TO  ACCESS TELEPHONE SERVICES FOR A PERIOD OF
 THIRTY MINUTES OR LONGER.
   3. WHERE A SUBSCRIBER TERMINATES SERVICE WITH A TELEPHONE CORPORATION,
 ANY CREDIT ISSUED UNDER THIS SECTION WHICH EXCEEDS THE AMOUNT DUE  ON  A
 BILLING  STATEMENT  SHALL  BE  ISSUED TO THE SUBSCRIBER IN THE FORM OF A
 CHECK IN THE SUBSCRIBER'S NAME IN THE AMOUNT SUCH  CREDIT  EXCEEDS  SUCH
 AMOUNT DUE.
   § 6. This act shall take effect immediately.