S T A T E   O F   N E W   Y O R K
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                                  3185

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

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  universal  tele-
  communications services

  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
90-a to read as follows:
  S  90-A. STATEMENT OF POLICY. 1. THE STATE OF NEW YORK'S LONG-STANDING
POLICY, CODIFIED IN THIS SECTION, IS THAT CERTAIN COMMUNICATIONS  TOOLS,
AND  PARTICULARLY  TELEPHONE  SERVICES,  I.E. ESSENTIAL SERVICES, ARE SO
FUNDAMENTAL THAT IT IS  NOT  IN  THE  PUBLIC  INTEREST  TO  LEAVE  THEIR
PROVISION  TO  THE  VAGARIES  OF THE MARKETPLACE ALONE. FURTHERMORE, THE
LEGISLATURE DECLARES THAT IT IS IN THE PUBLIC INTEREST THAT SUCH  ESSEN-
TIAL  SERVICES  BE MADE AND MAINTAINED UNIVERSALLY ACROSS NEW YORK. SUCH
TOOLS AND SERVICES HAVE, OVER TIME, AND INCREASINGLY NOW,  SHAPED  CITI-
ZENS'  ABILITY  TO  PARTICIPATE  IN  CIVIC  AFFAIRS, TO ACQUIRE LEARNING
SKILLS NEEDED FOR THEIR ECONOMIC SUCCESS AND THAT OF THE STATE,  AND  TO
ENJOY THE RICH AND UNPARALLELED SOCIAL AND CULTURAL LIFE THAT IS A VITAL
PART  OF  NEW  YORK  STATE'S  ECONOMY.  THE  STATE'S GOALS FOR UNIVERSAL
SERVICE ARE TO FURTHER AND PROTECT THE PUBLIC INTEREST BY PROMOTING  THE
AVAILABILITY  OF  QUALITY  SERVICES  AT JUST, REASONABLE, AND AFFORDABLE
RATES; TO ADVANCE THE AVAILABILITY OF SUCH SERVICES  TO  ALL  CONSUMERS,
INCLUDING  THOSE  IN  LOW INCOME, RURAL, INSULAR, AND HIGH COST AREAS AT
RATES THAT ARE REASONABLY COMPARABLE TO THOSE  CHARGED  IN  HIGH-DENSITY
URBAN  AREAS;  AND  TO INCREASE ACCESS TO, AND THE UBIQUITY OF, ADVANCED
TELECOMMUNICATIONS SERVICES AVAILABLE TO THE PUBLIC IN AN EQUITABLE  AND
NONDISCRIMINATORY  MANNER.  ALL  TELECOMMUNICATIONS  PROVIDERS UTILIZING
TELEPHONE NUMBERS, AND  ALL  RESELLERS  OF  TELECOMMUNICATIONS  SERVICES
UTILIZING  TELEPHONE NUMBERS SHOULD CONTRIBUTE TO CORE PUBLIC SAFETY AND
PUBLIC INTEREST GOALS TO THE EXTENT ALLOWABLE  BY  LAW.  AT  A  MINIMUM,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07404-01-3
              

A. 3185                             2

THESE  INCLUDE  EQUIVALENT  UNIVERSAL  SERVICE  SUPPORT,  PROVISION  AND
SUPPORT FOR E911, DISABILITY ACCESS, CONSUMER PROTECTIONS, AND EQUITABLE
TAXATION. EFFECTIVE PUBLIC PROGRAMS MUST BE MADE AVAILABLE WHERE COMPET-
ITIVE  FORCES  DO  NOT  RESULT IN THE DEPLOYMENT, MAINTENANCE, OR RECON-
STRUCTION OF AFFORDABLE, HIGH-QUALITY, AND RELIABLE ADVANCE TELECOMMUNI-
CATIONS  CAPABILITY  ACROSS  ALL  GEOGRAPHIC  REGIONS  AND   DEMOGRAPHIC
SEGMENTS  OF THE STATE. TELECOMMUNICATIONS NETWORKS MUST BE INTER-OPERA-
BLE, BASED ON OPEN STANDARDS, RELIABLE, SURVIVABLE, DIVERSELY PATHED, AS
WIDELY INTERCONNECTED AS IS REASONABLE,  ACCESSIBLE  FOR  ALL  USERS  AS
PROVIDED  FOR  BY  LAW,  INCLUDING BUT NOT LIMITED TO THE AMERICANS WITH
DISABILITIES ACT, AND ALL APPLICABLE FEDERAL,  STATE,  AND  LOCAL  REGU-
LATIONS,  AND  MUST  MEET  BASIC  REQUIREMENTS CONCERNING PUBLIC SAFETY,
CONSUMER PROTECTION, AND RELEVANT SOCIAL AND MORAL OBLIGATIONS.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) THE TERM "UNIVERSAL SERVICE" MEANS THAT  CERTAIN  BASIC  TELEPHONE
FACILITIES,   SERVICES,   AND  INSTRUMENTALITIES,  KNOWN  AS  "ESSENTIAL
SERVICES", SHALL BE ACCESSIBLE TO ANY PERSON, CORPORATION,  OR  LOCALITY
IN  NEW  YORK  STATE  AT COSTS REASONABLY COMPARABLE TO RATES CHARGED IN
URBAN AREAS AND LOW-COST AREAS, SO THAT THERE SHALL NOT BE ANY UNDUE  OR
UNREASONABLE  PREFERENCE  OR  ADVANTAGE  TO  ANY PERSON, CORPORATION, OR
LOCALITY.
  (B) THE TERM "ESSENTIAL SERVICES" MEANS THE PROVISION BY  TELECOMMUNI-
CATIONS  PROVIDERS  UTILIZING TELEPHONE NUMBERS OF VOICE GRADE ACCESS TO
AND ACROSS ANALOG, DIGITAL, OR WIRELESS NETWORKS,  AS  PERTAINS  TO  THE
CARRIER,  WITH  THE  ABILITY  TO  PLACE  AND  RECEIVE  CALLS; TOUCH-TONE
SERVICE; SINGLE-PARTY SERVICE; ACCESS TO EMERGENCY  SERVICES,  INCLUDING
911  AND E911 (WHICH IDENTIFIES A CALLER'S LOCATION); ACCESS TO OPERATOR
SERVICES; ACCESS TO INTER-EXCHANGE SERVICES; ACCESS TO DIRECTORY ASSIST-
ANCE; ACCESS TO "LIFELINE" SERVICES, OR  OTHER  SERVICES  EQUIVALENT  IN
PRICE AND QUALITY FOR QUALIFYING LOW-INCOME CONSUMERS; AND ACCESS TO ALL
OF  SUCH  OTHER SERVICES AS MAY BE MANDATED BY FEDERAL, STATE, AND LOCAL
LAW.
  3. WITHIN THIRTY DAYS OF THE DATE ON WHICH THE COMMISSION  HAD  ACTUAL
KNOWLEDGE,  OR  SHOULD  REASONABLY  HAVE  KNOWN OR BEEN INFORMED, OF THE
OCCURRENCE, OR APPEARANCE OF THE PROXIMATE OCCURRENCE,  OF  A  PURCHASE,
ACQUISITION,  TAKING,  OR  OTHER TRANSFER OF CONTROL OR OWNERSHIP OF THE
CAPITAL STOCK  OF  A  TELECOMMUNICATIONS  PROVIDER  UTILIZING  TELEPHONE
NUMBERS  ORGANIZED  OR  EXISTING UNDER THE LAWS OF THIS STATE WITHIN THE
CONTEMPLATION OF SECTION ONE HUNDRED OF THIS ARTICLE OR PARAGRAPH (B) OF
THIS SUBDIVISION, THE COMMISSION SHALL COMPILE AND PUBLISH A  REPORT  ON
THE  EFFECT,  IF ANY, OF SUCH TRANSFER OF CONTROL UPON UNIVERSAL SERVICE
IN THE STATE. SUCH REPORT SHALL  BE  KNOWN  AS  THE  "UNIVERSAL  SERVICE
IMPACT  ANALYSIS",  AND  SHALL  BE ISSUED BEFORE THE COMMISSION MAY VOTE
UPON THE APPROVAL OF SUCH OCCURRENCE. IF, ON THE EFFECTIVE DATE OF  THIS
SUBDIVISION,  THERE  IS  A  PROCEEDING  BEFORE THE COMMISSION WITHIN THE
CONTEMPLATION OF SUBDIVISION ONE OF THIS SECTION,  THEN  THE  COMMISSION
SHALL  HAVE  THIRTY DAYS FROM SUCH EFFECTIVE DATE TO ISSUE ITS UNIVERSAL
SERVICE IMPACT ANALYSIS REPORT. SUCH UNIVERSAL SERVICE  IMPACT  ANALYSIS
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  AN  ANALYSIS  OF  THE  EFFECTS UPON PRICING OF TELECOMMUNICATIONS
SERVICES IN HIGH-COST AND RURAL AND LOW-INCOME AREAS  AFFECTED  BY  SUCH
TRANSFER OF CONTROL;
  (B) AN ANALYSIS OF THE ACTUAL OR POTENTIAL EFFECTS OF SUCH TRANSFER OF
CONTROL  UPON  NETWORK  RELIABILITY  AND  SERVICE  QUALITY  IN  THE AREA
AFFECTED BY SUCH TRANSFER OF CONTROL;

A. 3185                             3

  (C) AN ANALYSIS OF THE ACTUAL OR POTENTIAL EFFECTS  UPON  NEW  SERVICE
PROVISION  IN  RURAL  AND HIGH-COST AND LOW-INCOME AREAS WITHIN THE AREA
AFFECTED BY SUCH TRANSFER OF CONTROL.
  FOR  THE  PURPOSES  OF  TRIGGERING  SUCH  REPORTING REQUIREMENT BY THE
COMMISSION, THERE SHALL BE A REBUTTABLE PRESUMPTION  OF  A  TRANSFER  OF
CONTROL  OR OWNERSHIP UPON THE ACQUISITION OR ACCUMULATION BY ANY PERSON
OR GROUP OF PERSONS OF TEN PERCENT OR MORE  OF  THE  SHARES  OF,  OR  OF
COMPARABLE OWNERSHIP INTEREST IN, A TELECOMMUNICATIONS CORPORATION. SUCH
TRANSFER  OF  CONTROL OR ACQUISITION OR ACCUMULATION OF OWNERSHIP INTER-
ESTS SHALL ALSO BE DEEMED TO OCCUR UPON THE SALE, ASSIGNMENT,  TRANSFER,
DIVESTITURE  OF A PORTION OF A BUSINESS ENTITY, LEASE OR OTHER DISPOSAL,
EITHER IN WHOLE OR PART, EITHER BY  INVOLUNTARY  SALE  OR  BY  VOLUNTARY
SALE,  MERGER,  OR  CONSOLIDATION,  OR  BANKRUPTCY, OF ANY TITLE TO SUCH
TELECOMMUNICATIONS CORPORATION, EITHER LEGAL OR  EQUITABLE,  OR  OF  THE
LINES  OR  OTHER NETWORK ELEMENTS OF SUCH TELECOMMUNICATIONS CORPORATION
WITHIN THREE OR MORE LOCAL ACCESS AND TRANSPORT AREAS (LATAS)  OR  COUN-
TIES.
  4.  UPON  THE COMPLETION OF THE REPORT UNDER SUBDIVISION THREE OF THIS
SECTION THE COMMISSION SHALL HAVE POWER AND THE  DUTY  TO  ESTABLISH  BY
RULE  OR  REGULATION,  WITHIN  NINETY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, SUCH CHARGES, EXCHANGES  OF  FUNDS,  FEES,  METHODOLOGIES,  AND
MODALITIES  AS  ARE  NECESSARY  AND CONVENIENT TO PROMOTE AND ENSURE THE
STATEWIDE UNIVERSAL AVAILABILITY OF HIGH-QUALITY ESSENTIAL  SERVICES  AT
JUST,  REASONABLE,  AND AFFORDABLE RATES; TO ADVANCE THE AVAILABILITY OF
SUCH SERVICES TO ALL CONSUMERS, INCLUDING THOSE IN  LOW  INCOME,  RURAL,
INSULAR,  AND HIGH COST AREAS AT RATES THAT ARE REASONABLY COMPARABLE TO
THOSE CHARGED IN LOW COST AND URBAN AREAS; AND TO  INCREASE  ACCESS  TO,
AND  THE  UBIQUITY OF, ADVANCED TELECOMMUNICATIONS SERVICES AVAILABLE TO
THE PUBLIC IN AN EQUITABLE AND NONDISCRIMINATORY MANNER. THE  COMMISSION
SHALL HAVE POWER AND THE DUTY TO PROMULGATE SUCH RULES OR REGULATIONS AS
ARE  NECESSARY AND CONVENIENT TO EFFECTUATE THE STATE POLICIES SET FORTH
IN THIS SECTION.
  S 2.  The public service law is amended by adding a new  section  92-g
to read as follows:
  S  92-G.  UNIVERSAL, AFFORDABLE AND SECURE TELECOMMUNICATIONS SERVICES
FUND.  1. THE COMMISSION SHALL ESTABLISH A MECHANISM FOR THE SUPPORT  OF
UNIVERSAL  SERVICE,  ALSO  REFERRED TO IN THIS SECTION AS THE "HIGH COST
SUPPORT MECHANISM", WHICH SHALL OPERATE IN ACCORDANCE WITH RULES ADOPTED
BY THE COMMISSION. THE PURPOSE OF THE HIGH COST SUPPORT MECHANISM IS  TO
PROVIDE  FINANCIAL  ASSISTANCE  TO TELECOMMUNICATIONS SERVICES PROVIDERS
UTILIZING TELEPHONE NUMBERS TO HELP MAKE BASIC  LOCAL  ANALOG,  DIGITAL,
AND  WIRELESS  SERVICES  UNIVERSALLY  AVAILABLE,  AT JUST AND REASONABLE
RATES AND ALLOW SUCH PROVIDERS TO BE FULLY REIMBURSED FOR THE DIFFERENCE
BETWEEN THE REASONABLE COSTS INCURRED IN MAKING BASIC SERVICE  AVAILABLE
TO THEIR CUSTOMERS WITHIN A RURAL, HIGH COST GEOGRAPHIC SUPPORT AREA AND
THE  PRICE  CHARGED  FOR  SUCH  SERVICE,  AFTER  TAKING INTO ACCOUNT ANY
AMOUNTS RECEIVED BY SUCH PROVIDERS UNDER PRICE SUPPORT MECHANISMS ESTAB-
LISHED BY THE FEDERAL GOVERNMENT AND BY THIS STATE. THE COMMISSION SHALL
ENSURE THAT NO TELECOMMUNICATIONS SERVICES PROVIDER IS  RECEIVING  FUNDS
FROM  THIS  OR ANY OTHER SOURCE THAT, TOGETHER WITH LOCAL SERVICE REVEN-
UES, EXCEEDS THE COST OF PROVIDING LOCAL SERVICE TO  CUSTOMERS  OF  SUCH
PROVIDER.  THE  HIGH  COST  SUPPORT  MECHANISM  SHALL  BE  SUPPORTED AND
DISTRIBUTED EQUITABLY AND ON A NONDISCRIMINATORY, COMPETITIVELY  NEUTRAL
BASIS  THROUGH A RATE ELEMENT ASSESSED ON ALL TELECOMMUNICATIONS SERVICE
PROVIDERS IN NEW YORK.  A  PROVIDER  THAT  OFFERS  BASIC  LOCAL  ANALOG,
DIGITAL,  AND WIRELESS SERVICE THROUGHOUT AN ENTIRE SUPPORT AREA THROUGH

A. 3185                             4

USE OF ITS OWN FACILITIES OR ON A RESALE BASIS MAY  BE  QUALIFIED  AS  A
PROVIDER  OF LAST RESORT OR MAY BE ELIGIBLE TO RECEIVE UNIVERSAL SERVICE
SUPPORT, AS DETERMINED BY THE COMMISSION. A PROVIDER THAT FAILS  TO  PAY
AN ASSESSMENT DUE AND PAYABLE UNDER THIS SECTION SHALL BE SUBJECT TO THE
REVOCATION OF CERTIFICATE AFTER NOTICE AND THE OPPORTUNITY FOR A HEARING
AS  PROVIDED  IN  THIS  CHAPTER. IN ALL RELEVANT GEOGRAPHIC AREAS OF THE
STATE, AS DEFINED BY THE COMMISSION, THE COMMISSION SHALL  DESIGNATE  AT
LEAST  ONE  PROVIDER AS THE PROVIDER OF LAST RESORT AND ADOPT PROCEDURES
FOR CHANGING OR TERMINATING SUCH DESIGNATIONS. A PROVIDER OF LAST RESORT
DESIGNATION CARRIES THE RESPONSIBILITY  TO  OFFER  BASIC  LOCAL  ANALOG,
DIGITAL,  OR  WIRELESS SERVICE TO ALL CONSUMERS WHO REQUEST IT. A PERSON
HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE  AND  NECESSITY  TO  PROVIDE
BASIC  SERVICE  SHALL  BE  SUBJECT  TO  THE EVOLVING DEFINITION OF BASIC
SERVICE DEVELOPED BY THE COMMISSION UNDER THIS CHAPTER AND THE SYSTEM OF
FINANCIAL SUPPORT FOR UNIVERSAL SERVICE ESTABLISHED  BY  THE  COMMISSION
UNDER  THIS SECTION. IF AND WHEN ADDITIONAL ELEMENTS ARE INCLUDED IN THE
DEFINITION OF BASIC SERVICE AS A RESULT OF  REVIEW  BY  THE  COMMISSION,
PRICES  MAY INCREASE AS IS DETERMINED BY THE COMMISSION TO BE REASONABLY
NECESSARY TO COVER THE COST AND ACCOUNT FOR THE INCLUSION OF SUCH  ADDI-
TIONAL ELEMENTS.
  2.  ON  OR  BEFORE  DECEMBER  FIRST OF EACH YEAR, THE COMMISSION SHALL
SUBMIT A WRITTEN REPORT TO THE  GOVERNOR,  TEMPORARY  PRESIDENT  OF  THE
SENATE,  SPEAKER  OF  THE  ASSEMBLY,  MINORITY LEADERS OF THE SENATE AND
ASSEMBLY, CHAIRPERSON AND RANKING MINORITY MEMBER OF THE  SENATE  ENERGY
AND TELECOMMUNICATIONS COMMITTEE, AND THE CHAIRPERSON AND RANKING MINOR-
ITY  MEMBER  OF  THE  ASSEMBLY CORPORATIONS, AUTHORITIES AND COMMISSIONS
COMMITTEE, ACCOUNTING FOR THE OPERATION OF THE HIGH COST  SUPPORT  MECH-
ANISM  DURING  THE  PRECEDING CALENDAR YEAR AND CONTAINING THE FOLLOWING
INFORMATION, AT A MINIMUM:
  (A) THE TOTAL AMOUNT OF MONEY THAT THE  COMMISSION  DETERMINED  SHOULD
CONSTITUTE  THE  HIGH  COST  SUPPORT  MECHANISM FROM WHICH DISTRIBUTIONS
WOULD BE MADE;
  (B) THE TOTAL AMOUNT OF MONEY ORDERED TO BE CONTRIBUTED THROUGH A RATE
ELEMENT ASSESSMENT COLLECTED BY EACH TELECOMMUNICATIONS SERVICE  PROVID-
ER;
  (C)  THE  BASIS  ON  WHICH THE CONTRIBUTION OF EACH TELECOMMUNICATIONS
SERVICE PROVIDER WAS CALCULATED;
  (D) THE BENCHMARKS USED AND THE BASIS ON  WHICH  THE  BENCHMARKS  WERE
DETERMINED;
  (E) THE TOTAL AMOUNT OF MONEY THAT THE COMMISSION DETERMINED SHOULD BE
DISTRIBUTED FROM THE HIGH COST SUPPORT MECHANISM;
  (F)  THE  TOTAL AMOUNT OF MONEY DISTRIBUTED TO EACH TELECOMMUNICATIONS
SERVICE PROVIDER FROM THE HIGH COST SUPPORT MECHANISM;
  (G) THE BASIS ON WHICH THE DISTRIBUTION TO TELECOMMUNICATIONS  SERVICE
PROVIDERS WAS CALCULATED;
  (H)  AS  TO  EACH  TELECOMMUNICATIONS  SERVICE  PROVIDER  RECEIVING  A
DISTRIBUTION, THE AMOUNT RECEIVED BY GEOGRAPHIC SUPPORT AREA AND TYPE OF
CUSTOMER, THE WAY IN WHICH THE BENEFIT OF THE DISTRIBUTION  WAS  APPLIED
OR ACCOUNTED FOR;
  (I)   THE  PROPOSED  BENCHMARKS,  THE  PROPOSED  CONTRIBUTIONS  TO  BE
COLLECTED THROUGH A RATE ELEMENT ASSESSMENT BY  EACH  TELECOMMUNICATIONS
SERVICE PROVIDER, AND THE PROPOSED TOTAL AMOUNT OF THE HIGH COST SUPPORT
MECHANISM  FROM  WHICH  DISTRIBUTIONS  ARE  TO BE MADE FOR THE FOLLOWING
CALENDAR YEAR; AND
  (J) THE TOTAL AMOUNT OF DISTRIBUTIONS MADE FROM THE  HIGH  COST  FUND,
DIRECTLY  OR INDIRECTLY, AND HOW THEY ARE BALANCED BY RATE REDUCTIONS BY

A. 3185                             5

ALL PROVIDERS FOR THE SAME PERIOD AND A FULL ACCOUNTING  OF  AND  JUSTI-
FICATION  FOR  ANY  DIFFERENCE. IF THE REPORT SUBMITTED PURSUANT TO THIS
SUBDIVISION CONTAINS A PROPOSAL FOR AN INCREASE IN ANY  OF  THE  AMOUNTS
LISTED  IN  PARAGRAPH  (B)  OF  THIS SUBDIVISION, SUCH INCREASE SHALL BE
SUSPENDED UNTIL MARCH THIRTY-FIRST OF THE FOLLOWING YEAR.
  SUCH REPORT MUST ALSO DETERMINE WHAT AMOUNT OF  UNEXPENDED  FUNDS,  IF
ANY, AT THE END OF EACH FISCAL YEAR, COULD BE REFUNDED TO THE CONTRIBUT-
ING  TELECOMMUNICATIONS  SERVICES  PROVIDERS  ON A BASIS THAT IS PROPOR-
TIONAL TO THE AMOUNTS CONTRIBUTED BY  SUCH  TELECOMMUNICATIONS  SERVICES
PROVIDERS.
  3.  THERE  IS HEREBY CREATED, IN THE STATE TREASURY, THE NEW YORK HIGH
COST ADMINISTRATION FUND, REFERRED TO IN THIS  SECTION  AS  THE  "FUND",
WHICH  SHALL BE USED TO REIMBURSE THE COMMISSION AND, IF APPLICABLE, ITS
CONTRACTORS, FOR REASONABLE EXPENSES INCURRED IN THE  ADMINISTRATION  OF
THE  HIGH  COST  SUPPORT MECHANISM AS DETERMINED BY RULES OF THE COMMIS-
SION, AND SHALL BE AUDITED IN A MANNER AND FREQUENCY TO BE DETERMINED BY
THE COMPTROLLER. THE MONEYS IN THE FUND THAT ARE  TO  BE  USED  FOR  THE
DIRECT  AND INDIRECT ADMINISTRATIVE COSTS INCURRED BY THE COMMISSION AND
ITS CONTRACTORS SHALL BE APPROPRIATED ANNUALLY BY  THE  LEGISLATURE.  AT
THE  END  OF  ANY FISCAL YEAR, ALL UNEXPENDED AND UNENCUMBERED MONEYS IN
THE FUND SHALL REMAIN THEREIN AND SHALL NOT BE CREDITED  OR  TRANSFERRED
TO  THE GENERAL FUND OR ANY OTHER FUND. BASED UPON THE BALANCE REMAINING
IN THE FUND AND THE AMOUNT APPROPRIATED ANNUALLY BY THE LEGISLATURE  FOR
USE  BY  THE  COMMISSION,  EACH  YEAR THE COMMISSION SHALL DETERMINE THE
NONDISCRIMINATORY, COMPETITIVELY NEUTRAL ASSESSMENT ON ALL  TELECOMMUNI-
CATIONS  SERVICE  PROVIDERS  IN NEW YORK THAT WILL BE NECESSARY TO COVER
THE COST OF IMPLEMENTING THE HIGH COST  SUPPORT  MECHANISM.    ONLY  THE
MONEYS FROM SUCH ASSESSMENT SHALL BE TRANSMITTED TO THE STATE TREASURER,
WHO  SHALL  CREDIT  THE  SAME TO THE FUND. ALL INTEREST DERIVED FROM THE
DEPOSIT AND INVESTMENT OF THIS FUND SHALL REMAIN IN THE FUND  AND  SHALL
NOT REVERT TO THE GENERAL FUND.
  S 3. This act shall take effect immediately.