Senate Bill S1203B

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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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Bill Amendments

co-Sponsors

2023-S1203 - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §399-zzzzzz, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S5524

2023-S1203 - Summary

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

2023-S1203 - Sponsor Memo

2023-S1203 - Bill Text download pdf

                             
                     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
              

co-Sponsors

2023-S1203A - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §399-zzzzzz, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S5524

2023-S1203A - Summary

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

2023-S1203A - Sponsor Memo

2023-S1203A - Bill Text download pdf

                             
                     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.
              

co-Sponsors

2023-S1203B (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §399-zzzzzz, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S5524

2023-S1203B (ACTIVE) - Summary

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

2023-S1203B (ACTIVE) - Sponsor Memo

2023-S1203B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1203--B
     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 -- again 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 PROVIDING OR SEEKING TO PROVIDE
 BROADBAND INTERNET ACCESS SERVICE IN NEW YORK STATE SHALL  TERMINATE  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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