A5753-2011 Actions

• Jan 4, 2012: referred to corporations, authorities and commissions
• Feb 28, 2011: referred to corporations, authorities and commissions

A5753-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5753
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 28, 2011
 
 Introduced  by M. of A. BRENNAN -- read once and referred to the Commit
 tee on Corporations, Authorities and Commissions
 

AN ACT to amend the public service law, in relation to eliminating state
 regulation of VoIP service in  order  to  facilitate  competition  and
 ensure consumers receive the maximum benefit of competition
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 2 of the public service law is amended by adding  a
 new subdivision 28 to read as follows:

 28.  THE TERM "VOICE OVER INTERNET PROTOCOL SERVICE" OR "VOIP SERVICE"
 WHEN USED IN THIS CHAPTER, SHALL MEAN  ANY  SERVICE  THAT:  (A)  ENABLES
 REAL-TIME  TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE OR TERMINATE FROM
 THE USER'S LOCATION USING INTERNET PROTOCOL OR A SUCCESSOR PROTOCOL, AND
 (B) USES A BROADBAND CONNECTION FROM THE USER'S LOCATION.
 

S 2. Paragraph e of subdivision 1 of section 5 of the  public  service
 law,  as  amended by chapter 155 of the laws of 1970, is amended to read
 as follows:

 e. To every telegraph line which lies wholly within the state and that
 part within the state of New York of every  telegraph  line  which  lies
 partly  within and partly without the state and to the persons or corpo
 rations owning, leasing or operating any such telegraph line.   NOTWITH
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS
 SION,  THE  DEPARTMENT  OF  PUBLIC  SERVICE, NOR ANY OTHER DEPARTMENT OR
 AGENCY OF THIS STATE, OR ANY POLITICAL SUBDIVISION THEREOF,  SHALL  HAVE
 AUTHORITY  TO  REGULATE  THE  ENTRY,  RATES OR OTHER TERMS OF SERVICE OF
 VOICE OVER INTERNET PROTOCOL SERVICE. PROVIDED, HOWEVER, THAT NOTHING IN
 THIS PARAGRAPH SHALL BE  CONSTRUED  TO  DIVEST  THE  COMMISSION  OF  ITS
 AUTHORITY  WITH  RESPECT  TO THE RATES, TERMS OR CONDITIONS OF ANY LOCAL
 EXCHANGE TELEPHONE SERVICE  OVER  WHICH  THE  COMMISSION  EXERCISED  ITS
 LAWFUL  JURISDICTION  PRIOR  TO  JANUARY  FIRST,  TWO  THOUSAND  ELEVEN.
 PROVIDED, FURTHER, THAT NOTHING  IN  THIS  PARAGRAPH  SHALL  AFFECT  THE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09592-01-1
 
       A. 5753                             2
 AUTHORITY  OF  THE STATE OR ITS AGENCIES TO ENFORCE SUCH REQUIREMENTS AS
 ARE OTHERWISE EXPRESSLY PROVIDED FOR BY FEDERAL LAW, INCLUDING, BUT  NOT
 LIMITED  TO,  CONNECTION TO 9-1-1 FACILITIES, THE COLLECTION OF ENHANCED
 911  FEES,  TELECOMMUNICATIONS  RELAY SERVICE FEES, OR FEDERAL UNIVERSAL
 SERVICE FUND FEES ON VOICE OVER INTERNET PROTOCOL SERVICES THAT  MAY  BE
 DETERMINED  TO  APPLY OR TO AFFECT ANY RIGHTS OR DUTIES THE STATE OR ITS
 AGENCIES MAY HAVE UNDER THE PROVISIONS OF 47 U.S.C. S251  OR  47  U.S.C.
 S252.    NOTHING  HEREIN SHALL BE CONSTRUED TO AFFECT THE APPLICATION OR
 ENFORCEMENT OF OTHER STATUTES OR REGULATIONS THAT APPLY GENERALLY TO THE
 CONDUCT OF BUSINESS IN THE  STATE,  INCLUDING  CONSUMER  PROTECTION,  OR
 UNFAIR OR DECEPTIVE TRADE PRACTICES RULES OF GENERAL APPLICABILITY.
 

S 3. Subdivision 1 of section 90 of the public service law, as amended
 by chapter 414 of the laws of 1981, is amended to read as follows:

 1.  The  provisions  of  this  article shall apply to communication by
 telegraph or telephone between one point and another within the state of
 New York and to every telegraph corporation and  telephone  corporation.
 NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE
 COMMISSION, THE DEPARTMENT OF PUBLIC SERVICE, NOR ANY  OTHER  DEPARTMENT
 OR  AGENCY  OF  THIS  STATE, OR ANY POLITICAL SUBDIVISION THEREOF, SHALL
 HAVE AUTHORITY TO REGULATE THE ENTRY, RATES OR OTHER TERMS OF SERVICE OF
 VOICE OVER INTERNET PROTOCOL SERVICE. PROVIDED, HOWEVER, THAT NOTHING IN
 THIS PARAGRAPH SHALL BE  CONSTRUED  TO  DIVEST  THE  COMMISSION  OF  ITS
 AUTHORITY  WITH  RESPECT  TO THE RATES, TERMS OR CONDITIONS OF ANY LOCAL
 EXCHANGE TELEPHONE SERVICE  OVER  WHICH  THE  COMMISSION  EXERCISED  ITS
 LAWFUL  JURISDICTION  PRIOR  TO  JANUARY  FIRST,  TWO  THOUSAND  ELEVEN.
 PROVIDED FURTHER, HOWEVER, THAT NOTHING IN THIS PARAGRAPH  SHALL  AFFECT
 THE  AUTHORITY OF THE STATE OR ITS AGENCIES TO ENFORCE SUCH REQUIREMENTS
 AS ARE OTHERWISE EXPRESSLY PROVIDED FOR BY FEDERAL LAW,  INCLUDING,  BUT
 NOT  LIMITED  TO,  CONNECTION  TO  9-1-1  FACILITIES,  THE COLLECTION OF
 ENHANCED 911 FEES, TELECOMMUNICATIONS RELAY  SERVICE  FEES,  OR  FEDERAL
 UNIVERSAL  SERVICE  FUND  FEES  ON VOICE OVER INTERNET PROTOCOL SERVICES
 THAT MAY BE DETERMINED TO APPLY OR TO AFFECT ANY RIGHTS  OR  DUTIES  THE
 STATE OR ITS AGENCIES MAY HAVE UNDER THE PROVISIONS OF 47 U.S.C. S251 OR
 47 U.S.C.  S252.  NOTHING HEREIN SHALL BE CONSTRUED TO AFFECT THE APPLI
 CATION OR ENFORCEMENT OF OTHER STATUTES OR REGULATIONS THAT APPLY GENER
 ALLY  TO  THE  CONDUCT  OF  BUSINESS  IN  THE  STATE, INCLUDING CONSUMER
 PROTECTION, OR UNFAIR OR DECEPTIVE  TRADE  PRACTICES  RULES  OF  GENERAL
 APPLICABILITY.
 

S 4. This act shall take effect immediately.

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