S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1203
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens. PARKER, HINCHEY, KENNEDY -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and Telecommunications
 
 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-zzzzzz to read as follows:
   § 399-ZZZZZZ. 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.
                                                            LBD04534-01-3
              

 S. 1203                             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. 1203                             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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1203--A
     Cal. No. 292
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens. PARKER, HINCHEY, KENNEDY -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and  Telecommunications  -- recommitted to the Committee on Energy and
   Telecommunications in  accordance  with  Senate  Rule  6,  sec.  8  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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-zzzzzz to read as follows:
   § 399-ZZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR DISCON-
 NECTIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "BROADBAND INTERNET  ACCESS  SERVICE"  SHALL  MEAN  A  MASS-MARKET
 RETAIL  SERVICE  THAT  PROVIDES  THE  CAPABILITY 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 PROVIDERS, BUT SHALL NOT INCLUDE DIAL-UP INTER-
 NET SERVICE; AND
   (B) "COVERED TELEPHONE CORPORATION" MEANS A "TELEPHONE CORPORATION" AS
 DEFINED  IN  SUBDIVISION  SEVENTEEN OF SECTION TWO OF THE PUBLIC SERVICE
 LAW THAT   PROVIDED TELEPHONE EXCHANGE SERVICE  ON  OR  BEFORE  FEBRUARY
 EIGHTH, NINETEEN HUNDRED NINETY-SIX.
   2. NO COVERED TELEPHONE CORPORATION, PERSON, BUSINESS, CORPORATION, OR
 THEIR  AGENTS  PROVIDING OR SEEKING TO PROVIDE BROADBAND INTERNET ACCESS
 SERVICE IN  NEW  YORK  STATE  SHALL  TERMINATE  OR  DISCONNECT  SERVICES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04534-02-4
 S. 1203--A                          2
 
 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
 INTERNET ACCESS 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  CUSTOMER'S  RIGHT  TO
 CONTEST  THIS  DETERMINATION  THROUGH  THE COMMISSION'S COMPLAINT PROCE-
 DURES, 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 GLOBAL EVENT THAT
 IS DEEMED TO RESULT IN A SIGNIFICANT NEGATIVE AND  LONG-TERM  IMPACT  ON
 THE  STATE'S ECONOMIC FUTURE. SUCH PERSONS OR ENTITIES 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-PAY-
 MENT OF AN OVERDUE CHARGE.
   3. NO COVERED TELEPHONE CORPORATION, PERSON, BUSINESS, CORPORATION, OR
 THEIR  AGENTS  PROVIDING OR SEEKING TO PROVIDE BROADBAND INTERNET ACCESS
 SERVICE IN  NEW  YORK  STATE  SHALL  TERMINATE  OR  DISCONNECT  SERVICES
 PROVIDED  OVER  THEIR  INFRASTRUCTURE TO A RESIDENTIAL 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 COVERED
 TELEPHONE CORPORATION, PERSON, BUSINESS, CORPORATION,  OR  THEIR  AGENTS
 PROVIDING OR SEEKING TO PROVIDE BROADBAND INTERNET ACCESS SERVICE IN NEW
 YORK  STATE  SHALL  PROVIDE  SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER
 WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT  AGREE-
 MENT CONSISTENT WITH THE PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE
 LAW  WITHOUT THE REQUIREMENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES,
 WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICA-
 BLE TO ALL ARREARS INCURRED DURING THE DURATION OF  THE  STATE  DISASTER
 EMERGENCY.
   4. EVERY COVERED TELEPHONE CORPORATION, PERSON, BUSINESS, CORPORATION,
 OR  THEIR  AGENTS  PROVIDING  OR  SEEKING  TO PROVIDE BROADBAND INTERNET
 ACCESS SERVICE IN NEW YORK STATE SHALL PROVIDE NOTICE TO RESIDENTIAL  OR
 SMALL  BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATE-
 MENT 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 COVERED TELEPHONE CORPORATION, PERSON, BUSINESS, CORPORATION, OR THEIR
 AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND INTERNET ACCESS 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. NOTH-
 ING IN THIS SECTION SHALL  PROHIBIT  A  COVERED  TELEPHONE  CORPORATION,
 PERSON,  BUSINESS,  CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE BROADBAND INTERNET ACCESS SERVICE IN NEW YORK STATE FROM DISCON-
 S. 1203--A                          3
 
 NECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING  IN  THIS  SECTION
 SHALL PROHIBIT A COVERED TELEPHONE CORPORATION, PERSON, BUSINESS, CORPO-
 RATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND INTER-
 NET  ACCESS 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 DISCON-
 NECTION 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
 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.