S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   240

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. MILLER -- 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
  companies to provide notice to their customers  of  scheduled  mainte-
  nance

  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
231 to read as follows:
  S  231. NOTICE FOR SERVICE OUTAGE FOR SCHEDULED MAINTENANCE. 1.  EVERY
CABLE  TELEVISION  COMPANY  PROVIDING  CABLE,  INTERNET   OR   TELEPHONE
SERVICES,  OR  ANY  COMBINATION  THEREOF,  THROUGH  CABLE  OR  BROADBAND
CONNECTION SHALL PROVIDE AT LEAST FORTY-EIGHT HOURS NOTICE TO  SUBSCRIB-
ERS AFFECTED BY ANY SERVICE OUTAGE RESULTING FROM SCHEDULED MAINTENANCE.
  2. SUCH NOTICE MAY BE PROVIDED THROUGH EMAIL, MAIL, TELEPHONE COMMUNI-
CATION OR TEXT MESSAGING, BUT SHALL INCLUDE, AT A MINIMUM:
  (A) WHAT THE SCHEDULED MAINTENANCE ENTAILS;
  (B) AN ESTIMATE OF WHEN AND THE DURATION OF SUCH MAINTENANCE; AND
  (C) WHAT SERVICES MAY BE AFFECTED BY SUCH MAINTENANCE.
  3. THE MINIMUM CREDIT FOR A SERVICE OUTAGE SHALL BE EQUAL TO TWO TIMES
THE  VALUE  OF  THE SERVICE LOST. THE VALUE OF THE SERVICE LOST SHALL BE
DETERMINED BY THE AVERAGE APPLICABLE MONTHLY CHARGE DIVIDED BY THE ACTU-
AL TIME LOST. ALL CREDITS SHALL BE APPLIED  TO  A  SUBSCRIBER'S  ACCOUNT
WITHIN  TWO  BILLING  CYCLES  AFTER  THE  SERVICE  OUTAGE  AND  SHALL BE
REFLECTED ON THE SUBSCRIBER'S BILLING STATEMENT. THE  BILLING  STATEMENT
SHALL SET FORTH THE METHOD BY WHICH THE CREDIT WAS CALCULATED.
  4.  THIS  SECTION  SHALL NOT APPLY TO ANY INTERRUPTION IN SERVICE THAT
OCCURS AS A RESULT OF NONPAYMENT OF A PREVIOUSLY DUE ACCOUNT.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided, that the public service commission
is immediately authorized and directed to  take  any  and  all  actions,
including but not limited to the promulgation of any rules, necessary to
fully implement the provisions of this act on its effective date.
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00996-01-3