NY State Senate Bill 2023-S2589A

Senate Bill S2589A

2023-2024 Legislative Session

Relates to requiring telephone companies to alert customers to replace telephone backup battery units and to provide one backup battery unit to each customer every three years

download bill text pdf

Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to energy and telecommunications
Mar 28, 2023	print number 2589a
Mar 28, 2023	amend and recommit to energy and telecommunications
Jan 23, 2023	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2023-S2589 - Details

See Assembly Version of this Bill:: A4587
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §104-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8933, A10643
2021-2022: S4180, A338

2023-S2589 - Summary

Requires telephone companies to disclose information to subscribers regarding the backup power solution for their voice service equipment.

2023-S2589 - Sponsor Memo

                                 
BILL NUMBER: S2589

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to requiring tele-
phone companies to disclose information to subscribers regarding the
backup power solution for their voice service equipment; and providing
for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To require any regulated telephone corporation to provide customers with
a biennial notice detailing the need to replace back up battery units
and provide customers with backup battery units every three units or at
a rate of time determined by the-public service commission.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends article 5 of the public service law by adding a new
section 134 to require any regulated telephone corporation provide
customers with a biennial notice detailing the need to replace their

back up battery units when units reach the end of their, usable life and
provide one back up battery every three years, or at a rate of time
determined by the PSC, at the customer's option and free of charge.

Section 2 provides the effective date.

 
JUSTIFICATION:

In efforts to provide more efficient service to customers, telecommuni-
cation corporations have begun switching from copper-based telephone
lines to fiber optic-based lines. Some of the benefits to using fiber
edit lines over copper lines include the fact that they are less expen-
sive to install; they do not break down as easily and are also less
susceptible to damage from environmental factors such as temperature and
electromagnetic fluctuations; and they offer enhanced performance capa-
bilities, for instance faster speeds and lower rates of signal loss.

However, the use of fiber optic lines does present certain consider-
ations. One significant issue is a customer's inability to use their
telephone in the event of a power outage. During an outage, a phone
connected to a copper wire line will continue to work.  However, a phone
connected to a fiber optic line will only work during an outage if a
customer has a back-up battery. The phone would continue to work until
the battery runs out of power. This situation is especially problematic
for low income individuals who might not have access to a back-up
battery nor ever the resources to purchase one, the elderly, and also
for these who rely on their landline at home for work purposes, such as
doctors who use their phone to connect with patients when they are out
of the office.

This bill would require telephone corporations to provide customers with
a biennial notice that details the need to replace backup battery units
before they reach the end of :heir usable life.  Additionally, this bill
would require such corporations to provide consumers with one backup
battery unit every three years, or as a rate determined by the PSC, at
the customer's request and free of charge and ensure fiber-based tele-

phone services remain operational in the event of residential power
loss.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.4180

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Ninetieth day after it shall have become a law.

2023-S2589 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2589
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to amend the public service law, in relation to requiring tele-
   phone companies to disclose information to subscribers  regarding  the
   backup power solution for their voice service equipment; and providing
   for the repeal of such provisions upon expiration thereof
 
   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
 104-a to read as follows:
   §  104-A.    CORPORATION DISCLOSURE OBLIGATION CONCERNING BACKUP POWER
 SOLUTIONS.  1. AT MINIMUM ANNUALLY,  EVERY  REGULATED  TELEPHONE  CORPO-
 RATION  WHICH  HAS  PROVIDED  A  CURRENT  SUBSCRIBER WITH A BACKUP POWER
 SOLUTION FOR A FACILITIES-BASED, FIXED VOICE SERVICE OFFERED AS RESIDEN-
 TIAL SERVICE THAT IS NOT LINE POWERED,  PROVIDED  BY  SUCH  CORPORATION,
 SHALL  PROVIDE  SUCH  SUBSCRIBER WITH EITHER A WRITTEN NOTICE OR, IF THE
 SUBSCRIBER HAS ELECTED, AN ELECTRONIC NOTICE, DISCLOSING  THE  FOLLOWING
 INFORMATION:
   (A) SERVICE LIMITATIONS WITH AND WITHOUT BACKUP POWER;
   (B) PURCHASE AND REPLACEMENT INFORMATION, INCLUDING COST;
   (C) EXPECTED BACKUP POWER DURATION;
   (D) PROPER USAGE AND STORAGE CONDITIONS, INCLUDING THE IMPACT ON DURA-
 TION OF BACKUP POWER LIFE IF FAILING TO ADHERE TO PROPER USAGE AND STOR-
 AGE CONDITIONS;
   (E)  SUGGESTIONS  ON  HOW  TO MAXIMIZE BACKUP POWER DURING A PROLONGED
 POWER OUTAGE; AND
   (F)  SUBSCRIBER  BACKUP   POWER   SELF-TESTING   AND   SELF-MONITORING
 INSTRUCTIONS.
    SUCH  NOTICE  SHALL  BE SENT TO THE SUBSCRIBER SEPARATELY FROM HIS OR
 HER MONTHLY BILLING STATEMENTS OR INVOICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02080-01-3

 S. 2589                             2
 
    2.(A) THE COMMISSION MAY  PROMULGATE  RULES  AND  REGULATIONS  ADDING
 ADDITIONAL REQUIREMENTS FOR THE CONTENT OF THE DISCLOSURE AS REQUIRED IN
 SUBDIVISION ONE OF THIS SECTION.
   (B)  THE  COMMISSION  SHALL  FURTHER  PROMULGATE RULES AND REGULATIONS
 REGARDING THE FORM OF THE WRITTEN NOTICE IN ORDER TO PROMOTE READABILITY
 BY REQUIRING THAT THE NOTICE:
   (1) BE WRITTEN IN A CLEAR AND COHERENT MANNER;
   (2) BE WRITTEN IN AT LEAST ELEVEN-POINT FONT SIZE; AND
   (3) WHEREVER PRACTICABLE, USE WORDS WITH COMMON AND EVERYDAY MEANINGS.
   3. THE COMMISSION SHALL ESTABLISH PROCEDURES TO ASSURE, TO THE FULLEST
 EXTENT PRACTICABLE, THAT RESIDENTIAL SUBSCRIBERS RECEIVING  FIXED  VOICE
 SERVICE  FROM  ONE  TELEPHONE  CORPORATION,  BUT  USING  A  BACKUP POWER
 SOLUTION PROVIDED BY A DIFFERENT TELEPHONE  CORPORATION,  SHALL  RECEIVE
 THE  NOTICE  REQUIRED BY THIS SECTION, OR A SIMILAR NOTICE DETAILING THE
 INFORMATION REQUIRED BY THIS SECTION, FROM ONE OF THE PROVIDERS.
    4. THE DISCLOSURE REQUIRED BY 47 CFR 9.20(D) MAY SATISFY  THE  NOTICE
 REQUIREMENT  OF  SUBDIVISION  ONE  OF THIS SECTION, PROVIDED IT COMPLIES
 WITH THE COMMISSION'S RULES AND REGULATIONS REGARDING FORMAT AS REQUIRED
 BY PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   § 2. This act shall take effect one year after it shall have become  a
 law and shall expire and be deemed repealed December 31, 2026.

2023-S2589A (ACTIVE) - Details

See Assembly Version of this Bill:: A4587
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §104-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8933, A10643
2021-2022: S4180, A338

2023-S2589A (ACTIVE) - Summary

Requires telephone companies to disclose information to subscribers regarding the backup power solution for their voice service equipment.

2023-S2589A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2589A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to requiring tele-
phone companies to disclose information to subscribers regarding the
backup power solution for their voice service equipment; and providing
for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To require any regulated telephone corporation to provide customers with
a biennial notice detailing the need to replace back up battery units
and provide customers with backup battery units every three units or at
a rate of time determined by the-public service commission.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends article 5 of the public service law by adding a new
section 134 to require any regulated telephone corporation provide
customers with a biennial notice detailing the need to replace their

back up battery units when units reach the end of their, usable life and
provide one back up battery every three years, or at a rate of time
determined by the PSC, at the customer's option and free of charge.

Section 2 provides the effective date.

 
JUSTIFICATION:

In efforts to provide more efficient service to customers, telecommuni-
cation corporations have begun switching from copper-based telephone
lines to fiber optic-based lines. Some of the benefits to using fiber
edit lines over copper lines include the fact that they are less expen-
sive to install; they do not break down as easily and are also less
susceptible to damage from environmental factors such as temperature and
electromagnetic fluctuations; and they offer enhanced performance capa-
bilities, for instance faster speeds and lower rates of signal loss.

However, the use of fiber optic lines does present certain consider-
ations. One significant issue is a customer's inability to use their
telephone in the event of a power outage. During an outage, a phone
connected to a copper wire line will continue to work.  However, a phone
connected to a fiber optic line will only work during an outage if a
customer has a back-up battery. The phone would continue to work until
the battery runs out of power. This situation is especially problematic
for low income individuals who might not have access to a back-up
battery nor ever the resources to purchase one, the elderly, and also
for these who rely on their landline at home for work purposes, such as
doctors who use their phone to connect with patients when they are out
of the office.

This bill would require telephone corporations to provide customers with
a biennial notice that details the need to replace backup battery units
before they reach the end of :heir usable life.  Additionally, this bill
would require such corporations to provide consumers with one backup
battery unit every three years, or as a rate determined by the PSC, at
the customer's request and free of charge and ensure fiber-based tele-

phone services remain operational in the event of residential power
loss.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.4180

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Ninetieth day after it shall have become a law.

2023-S2589A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2589--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public service law, in relation to  requiring  tele-
   phone  companies  to disclose information to subscribers regarding the
   backup power solution for their voice service equipment; and providing
   for the repeal of such provisions upon expiration thereof
 
   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
 104-b to read as follows:
   § 104-B.  CORPORATION DISCLOSURE OBLIGATION  CONCERNING  BACKUP  POWER
 SOLUTIONS.    1.  AT  MINIMUM ANNUALLY, EVERY REGULATED TELEPHONE CORPO-
 RATION WHICH HAS PROVIDED A  CURRENT  SUBSCRIBER  WITH  A  BACKUP  POWER
 SOLUTION FOR A FACILITIES-BASED, FIXED VOICE SERVICE OFFERED AS RESIDEN-
 TIAL  SERVICE  THAT  IS  NOT LINE POWERED, PROVIDED BY SUCH CORPORATION,
 SHALL PROVIDE SUCH SUBSCRIBER WITH EITHER A WRITTEN NOTICE  OR,  IF  THE
 SUBSCRIBER  HAS  ELECTED, AN ELECTRONIC NOTICE, DISCLOSING THE FOLLOWING
 INFORMATION:
   (A) SERVICE LIMITATIONS WITH AND WITHOUT BACKUP POWER;
   (B) PURCHASE AND REPLACEMENT INFORMATION, INCLUDING COST;
   (C) EXPECTED BACKUP POWER DURATION;
   (D) PROPER USAGE AND STORAGE CONDITIONS, INCLUDING THE IMPACT ON DURA-
 TION OF BACKUP POWER LIFE IF FAILING TO ADHERE TO PROPER USAGE AND STOR-
 AGE CONDITIONS;
   (E) SUGGESTIONS ON HOW TO MAXIMIZE BACKUP  POWER  DURING  A  PROLONGED
 POWER OUTAGE; AND
   (F)   SUBSCRIBER   BACKUP   POWER   SELF-TESTING  AND  SELF-MONITORING
 INSTRUCTIONS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02080-03-3
 S. 2589--A                          2

 
    SUCH NOTICE SHALL BE SENT TO THE SUBSCRIBER SEPARATELY  FROM  HIS  OR
 HER MONTHLY BILLING STATEMENTS OR INVOICE.
    2.(A)  THE  COMMISSION  MAY  PROMULGATE  RULES AND REGULATIONS ADDING
 ADDITIONAL REQUIREMENTS FOR THE CONTENT OF THE DISCLOSURE AS REQUIRED IN
 SUBDIVISION ONE OF THIS SECTION.
   (B) THE COMMISSION SHALL  FURTHER  PROMULGATE  RULES  AND  REGULATIONS
 REGARDING THE FORM OF THE WRITTEN NOTICE IN ORDER TO PROMOTE READABILITY
 BY REQUIRING THAT THE NOTICE:
   (1) BE WRITTEN IN A CLEAR AND COHERENT MANNER;
   (2) BE WRITTEN IN AT LEAST ELEVEN-POINT FONT SIZE; AND
   (3) WHEREVER PRACTICABLE, USE WORDS WITH COMMON AND EVERYDAY MEANINGS.
   3. THE COMMISSION SHALL ESTABLISH PROCEDURES TO ASSURE, TO THE FULLEST
 EXTENT  PRACTICABLE,  THAT RESIDENTIAL SUBSCRIBERS RECEIVING FIXED VOICE
 SERVICE FROM  ONE  TELEPHONE  CORPORATION,  BUT  USING  A  BACKUP  POWER
 SOLUTION  PROVIDED  BY  A DIFFERENT TELEPHONE CORPORATION, SHALL RECEIVE
 THE NOTICE REQUIRED BY THIS SECTION, OR A SIMILAR NOTICE  DETAILING  THE
 INFORMATION REQUIRED BY THIS SECTION, FROM ONE OF THE PROVIDERS.
    4.  THE  DISCLOSURE REQUIRED BY 47 CFR 9.20(D) MAY SATISFY THE NOTICE
 REQUIREMENT OF SUBDIVISION ONE OF THIS  SECTION,  PROVIDED  IT  COMPLIES
 WITH THE COMMISSION'S RULES AND REGULATIONS REGARDING FORMAT AS REQUIRED
 BY PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   §  2. This act shall take effect one year after it shall have become a
 law and shall expire and be deemed repealed September 1, 2025.

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