NY State Senate Bill 2013-S1838

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to consumer protection
Jan 09, 2013	referred to consumer protection

co-Sponsors

2013-S1838 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §398-e, Gen Bus L; amd §5, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4391
2011-2012: S1480

2013-S1838 (ACTIVE) - Summary

Relates to residential wireless telephone service; disclosure, notification and consumer protection requirements in wireless telecommunications consumer transactions; plain language disclosures to each customer or potential customer; requires clear billing

2013-S1838 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1838

TITLE OF BILL:
An act
to amend the general business law and the public service law, in
relation to the provision of residential wireless telephone service

PURPOSE OR GENERAL IDEA OF BILL:
This bill enacts the "wireless telephone consumer protection act"
providing consumer protections such as disclosure of terms and
conditions of services and charges.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the short title.

Section 2 of the bill is the statement of legislative findings and
purpose.

Section 3 of the bill amends the General Business Law by adding a new
section 398-e, which establishes wireless telephone fair practices,
and a complaint process with the Consumer Protection Board. New GEL

§ 398-e has 8 subdivisions. Subdivision 1 sets out definitions.
Subdivision 2 requires disclosure of calling plans, monthly fees,
airtime minutes, additional charges, termination fees, length of

trial periods, E-911 service, and coverage maps and areas. It also
requires a good faith estimate of the anticipated total monthly bill.
Subdivision 3 requires clearly organized wireless bills with billing
that is done in plain language.
Subdivision 4 of new GEL § 398-e requires a trial use period of fifteen
days after the first monthly bill has been issued. A customer may
cancel within the fifteen day trial period without a termination fee.
Subdivision 5 gives the Consumer Protection Board's executive
director authority to receive and resolve consumer complaints,
subpoena power, and authority to assess civil penalties for
violations. Subdivisions 6, 7 and 8 provide for reporting,
applicability and severability.

Section 4 of the bill amends paragraph (a) of subdivision 6 of section
5 of the Public Service Law.

Section 5 of the bill is the effective date.

JUSTIFICATION:
The rapid development of wireless telephone technologies has increased
the affordability and use of the services, and as a result, many
consumers now use cell phones as a primary mode of communication.
Many other customers, especially older ones, use cell phones
primarily for safety
in the event of emergencies during travel. The wireless industry has
evolved to the point where different providers offer various calling
plans, rates and other services. However, many consumers find the
plethora of plans confusing and providers do not always fully
disclose the terms of service. Lack of full disclosure can make it
difficult to evaluate calling plans or to compare different plans.


Moreover, wireless plans often lock consumers into long term
contracts with high cancellation costs.

The Wireless Telephone Consumer Protection Act (the Act) will give the
Consumer Protection Board authority to regulate wireless telephone
service providers with respect to consumer protections, to establish
and administer a consumer complaint resolution process, and to assess
administrative penalties for noncompliance with the Act or
implementing regulations or orders. The legislation would also
provide specific protections for consumers, including the right to
cancel service without any termination fees within 15 days after the
first wireless telephone bill has been issued to the customer. This
provision would give a meaningful remedy to the customer who receives
a bill that is significantly higher than expected, or advertised. The
Act would require providers to disclose detailed coverage showing
where cell phone service is and is not available, a significant issue
for customers who buy cell phones for safety when driving. Other
protections include: requiring upfront disclosure of monthly fees,
taxes, surcharges and additional charges for using the cell phone, a
formal consumer complaint process at the Consumer Protection Board,
information regarding basic and enhanced wireless 911 service, good
faith estimates of anticipated monthly
bills, and clearly organized bills written in plain language.

In March 2006, the Assembly Committee on Consumer Affairs and
Protection held a public hearing at which both industry and consumer
representatives testified, as did a representative of the New York
State Consumer Protection Board (the CPB). As part of his overview,
the CPB representative noted that in 2004, the latest year for which
data had been published, the Better Business Bureau reported that it
received more complaints about wireless telephone service than it did
for any other industry, In 2012 this information has not changed by
much, telephone service is in the top 3. Similarly, the Consumer
Federation of America showed that complaints about phone service were
among the most frequently occurring categories of complaints (see
Consumer Federation of America North American Consumer Protection
Investigators 2011 Consumer Complaint Survey Report at
http://www.consumerfed.org/pdfs/Studies.Top10ConsumerComplaintSurvey
7.31.12.pdf.) (last
visited 1/4/13). The CPB representative also noted that at the CPB the
volume of complaints about wireless service had remained steady for
the last several years, both in terms of absolute numbers and
percentage of complaints. He estimated that two-thirds of consumer
complaints concern billing or rate issues, with the remaining
complaints concerning quality of service, dissatisfaction with
industry responses to inquiries or complaints, and general lack of
information about how and where to file a consumer complaint. With
respect to billing, one 0 f the most common complaints has been that
rates and fees are higher than consumers understood they would be at
the time of purchase. As noted above, the specific provisions of the
Act, especially up front disclosure, a formal consumer complaint
process at the CPB, and the trial Period ending 15 days after the
first bill to the consumer, would address a substantial majority of
the complaints described at the 2006 hearing.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.1480/A.4364 - Referred to consumer protection


2009-10: S.4391/A.7549 - REFERRED TO CONSUMER PROTECTION/Referred to
Consumer Affairs and Protection.

Similar legislation was introduced as A.2030-A/S.3293-A (passed
Assembly 2007, to third reading 2008); A.8539A/S.8501 (referred to
Consumer Affairs and Protection 2005, passed Assembly 2006).

The current bill keeps important consumer protections afforded by the
previously introduced bill, gives the Consumer Protection Board more
flexibility about record-keeping and reporting related to consumer
complaints about cell phone service, and strengthens the Consumer
Protection Board's enforcement powers regarding violations of the
bill's provisions.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law;
Provided that the Consumer Protection Board is authorized, prior to
the effective date, to promulgate rules and regulations and take any
other measures necessary to implement the act on the effective date.

2013-S1838 (ACTIVE) - Bill Text download pdf

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

                                  1838

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. PARKER, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection

AN ACT to amend the general business law and the public service law,  in
  relation to the provision of residential wireless telephone service

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "wireless telephone service consumer protection act".
  S  2.  Statement  of legislative findings and purpose. The legislature
finds that residential consumers in New York are offered the opportunity
to purchase wireless telephone service from a variety of service provid-
ers and that the conduct of such providers in  making  and  implementing
these offers varies widely. In many instances, consumers are required to
evaluate  service offerings without receiving a full and fair disclosure
of the terms of the service offering or an adequate  means  to  evaluate
the  offering in practice. The purpose of this legislation is to provide
a regulatory program for wireless telephone service provider conduct and
for the terms and conditions of such service other than the entry of  or
the rates charged by any such provider.
  S 3. The general business law is amended by adding a new section 398-e
to read as follows:
  S 398-E. DISCLOSURE, NOTIFICATION AND CONSUMER PROTECTION REQUIREMENTS
IN  WIRELESS  TELECOMMUNICATIONS CONSUMER TRANSACTIONS. 1.  DEFINITIONS.
FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "AUTHORIZED  RETAILER"  MEANS A RETAILER AUTHORIZED BY A WIRELESS
TELEPHONE SERVICE CARRIER, INCLUDING  RESELLERS  OF  WIRELESS  TELEPHONE
SERVICE PROVIDED BY A WIRELESS TELEPHONE SERVICE CARRIER, TO BE AN AGENT
OF SUCH WIRELESS TELEPHONE CARRIER OR RESELLER.

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

                                                           LBD05389-01-3

S. 1838                             2

  (B) "DIVISION" MEANS THE CONSUMER PROTECTION DIVISION.
  (C)  "ENHANCED  WIRELESS 911 SERVICE" MEANS THE SERVICE REQUIRED TO BE
PROVIDED BY WIRELESS TELEPHONE SERVICE PROVIDERS  PURSUANT  TO  THE  FCC
ORDER.
  (D)  "FCC ORDER" MEANS ALL ORDERS ISSUED BY THE FEDERAL COMMUNICATIONS
COMMISSION PURSUANT TO THE PROCEEDING ENTITLED "REVISION OF THE  COMMIS-
SION'S  RULE TO ENSURE COMPATIBILITY WITH ENHANCED 911 EMERGENCY CALLING
SYSTEMS (CC DOCKET NO. 94-102; RM-8143)  OR  ANY  SUCCESSOR  PROCEEDING,
REGARDING  THE  DELIVERY OF ANI AND ALI AS OF THE DATES AND ACCORDING TO
THE OTHER CRITERIA ESTABLISHED THEREIN AND  THE  RULES  ADOPTED  BY  THE
FEDERAL  COMMUNICATIONS COMMISSION IN ANY SUCH PROCEEDING, AS SUCH RULES
MAY BE AMENDED FROM TIME TO TIME.
  (E) "SECRETARY" MEANS THE SECRETARY OF THE CONSUMER  PROTECTION  DIVI-
SION.
  (F)  "SERVICE  PLAN"  MEANS A CONTRACT ENTERED INTO BETWEEN A WIRELESS
TELEPHONE SERVICE CARRIER AND A RETAIL CUSTOMER  FOR  THE  PROVISION  OF
WIRELESS TELEPHONE SERVICE OVER A MUTUALLY AGREED UPON PERIOD OF TIME.
  (G) "WIRELESS TELEPHONE SERVICE" MEANS A TWO-WAY REAL TIME VOICE TELE-
COMMUNICATIONS SERVICE THAT IS INTERCONNECTED TO A PUBLIC SWITCHED TELE-
PHONE  NETWORK  AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO SERVICE, AS
SUCH TERM IS DEFINED BY 47 C.F.R. SECTION 20.3; PROVIDED,  HOWEVER,  FOR
THE  PURPOSES OF THIS SECTION, THE TERM WIRELESS TELEPHONE SERVICE SHALL
NOT INCLUDE A PREPAID CALLING SERVICE AS THAT TERM IS DEFINED IN SECTION
NINETY-TWO-F OF THE PUBLIC SERVICE LAW.
  (H) "WIRELESS TELEPHONE SERVICE CARRIER"  MEANS  A  COMMERCIAL  MOBILE
RADIO  SERVICE  PROVIDER  OF  WIRELESS TELEPHONE SERVICE AS SUCH TERM IS
DEFINED IN THE UNITED STATES CODE OF FEDERAL REGULATIONS 47 C.F.R.  20.3
OR  A  RESELLER  OF  WIRELESS TELEPHONE SERVICE PROVIDED BY A COMMERCIAL
MOBILE RADIO SERVICE AS DEFINED BY SUCH 47 C.F.R 20.3.
  2. DISCLOSURE  REQUIREMENTS.  (A)  EVERY  WIRELESS  TELEPHONE  SERVICE
PROVIDER  AND  AUTHORIZED RETAILER SHALL MAKE AVAILABLE CLEAR, CONSPICU-
OUS, PLAIN LANGUAGE DISCLOSURES TO EACH CUSTOMER OR  POTENTIAL  CUSTOMER
AT  RETAIL SALES LOCATIONS OF SUCH WIRELESS TELEPHONE CARRIER OR AUTHOR-
IZED RETAILER AND ON ANY INTERNET WEBSITE  WHERE  A  WIRELESS  TELEPHONE
SERVICE  PLAN CAN BE ENTERED INTO, OF THE FOLLOWING INFORMATION CONCERN-
ING ANY PLAN OR PROPOSED PLAN OFFERED FOR THE PROVISION  OF  RESIDENTIAL
WIRELESS TELEPHONE SERVICE TO SUCH CUSTOMER:
  I. THE CALLING AREA FOR THE PLAN;
  II. THE MONTHLY ACCESS FEE OR BASE CHARGE;
  III. THE NUMBER OF AIRTIME MINUTES INCLUDED IN THE PLAN;
  IV.  ANY  NIGHT  AND  WEEKEND  MINUTES  INCLUDED  IN THE PLAN OR OTHER
DIFFERING CHARGES FOR DIFFERENT TIME PERIODS AND THE TIME  PERIODS  WHEN
NIGHT AND WEEKEND MINUTES OR OTHER CHARGES APPLY;
  V. THE CHARGES FOR EXCESS OR ADDITIONAL MINUTES;
  VI.  WHETHER  OR  NOT, AND THE EXTENT TO WHICH, PER-MINUTE DOMESTIC OR
INTERNATIONAL LONG DISTANCE CHARGES ARE INCLUDED IN OTHER RATES, AND, TO
THE EXTENT NOT INCLUDED, THE APPLICABLE PER-MINUTE LONG DISTANCE RATES;
  VII. PER-MINUTE ROAMING OR OFF-NETWORK CHARGES;
  VIII. THE AMOUNT OF ANY ADDITIONAL TAXES,  FEES,  OR  SURCHARGES  THAT
WILL  BE COLLECTED OR RETAINED BY THE WIRELESS TELEPHONE SERVICE PROVID-
ER;
  IX. IF THE PLAN REQUIRES A FIXED-TERM CONTRACT, THE DURATION  OF  SUCH
CONTRACT;
  X.  THE  AMOUNT  OF ANY EARLY TERMINATION FEE AND THE CONDITIONS UNDER
WHICH ANY SUCH EARLY TERMINATION FEE WOULD APPLY, INCLUDING  THE  LENGTH
OF ANY TRIAL PERIOD DURING WHICH NO EARLY TERMINATION FEE WOULD APPLY;

S. 1838                             3

  XI. A STATEMENT NOTIFYING THE CUSTOMER THAT THE SERVICE INCLUDES BASIC
WIRELESS 911 SERVICE;
  XII.  THE  INFORMATION  WHICH  IS INCLUDED IN THE EDUCATIONAL PLAN FOR
INFORMING THE PUBLIC ABOUT THE ENHANCED WIRELESS 911 SERVICE IN NEW YORK
STATE  REQUIRED  BY  SUBDIVISION  EIGHT   OF   SECTION   THREE   HUNDRED
TWENTY-EIGHT  OF  THE  COUNTY  LAW  AND  WHICH  IS AN EXPLANATION OF THE
ENHANCED  WIRELESS  911  SYSTEM   AND   A   PROGRESS   REPORT   ON   THE
COUNTY-BY-COUNTY   IMPLEMENTATION   OF  THE  STATEWIDE  SYSTEM  AND  THE
TOLL-FREE HOTLINE AND WEBSITE INFORMATION  TO  PERMIT  THE  CONSUMER  TO
ACCESS  SUCH INFORMATION VIA THE INTERNET IN ACCORDANCE WITH SUBDIVISION
EIGHT OF SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW;
  XIII. A COVERAGE MAP PREPARED BY THE PROVIDER USING GENERALLY ACCEPTED
INDUSTRY METHODOLOGIES AND STANDARDS; AND
  XIV. BASED UPON CUSTOMER SUPPLIED  INFORMATION  REGARDING  ANTICIPATED
USAGE  PATTERNS,  A  GOOD  FAITH ESTIMATE OF THE MONTHLY FIXED AND USAGE
CHARGES AND ADDITIONAL TAXES, FEES, OR SURCHARGES AND OF THE ANTICIPATED
TOTAL MONTHLY BILL FOR SUCH CUSTOMER UNDER SUCH PLAN, EXCEPT  THAT  THIS
PROVISION  SHALL NOT APPLY TO WIRELESS SERVICE THAT IS PRE-PAID PRIOR TO
ACTIVATION OF SERVICE AND THAT IS NOT SUBJECT TO MONTHLY  BILLING  AFTER
ACTIVATION OF SERVICE.
  (B)  AT  THE  TIME  A  CUSTOMER INITIATES A WIRELESS SERVICE PLAN, THE
CARRIER SHALL, OR IF THE CUSTOMER  INITIATES  A  WIRELESS  SERVICE  PLAN
THROUGH  AN  AUTHORIZED RETAILER, THE AUTHORIZED RETAILER SHALL, PROVIDE
OR CONFIRM IN WRITING ALL OF THE INFORMATION REQUIRED IN  PARAGRAPH  (A)
OF  THIS SUBDIVISION AS IT APPLIES TO THE SPECIFIC CONTRACT ENTERED INTO
BY THE NEW CUSTOMER  PRIOR  TO  THE  FINALIZATION  OF  THE  TRANSACTION,
PROVIDED, HOWEVER WHEN AN EXISTING CUSTOMER OF A WIRELESS SERVICE CARRI-
ER  AGREES  TO  A  CHANGE  IN SERVICE WHICH RESULTS IN AN EXTENSION OF A
CONTRACT BETWEEN THE  CUSTOMER  AND  SUCH  CARRIER,  THE  CARRIER  SHALL
PROVIDE OR CONFIRM SUCH CHANGE IN SERVICE.
  3.  BILLING.  EXCEPT  FOR  WIRELESS  SERVICE THAT IS PRE-PAID PRIOR TO
ACTIVATION OF SERVICE AND THAT IS NOT SUBJECT TO MONTHLY  BILLING  AFTER
ACTIVATION  OF  SERVICE,  WIRELESS  TELEPHONE  SERVICE CARRIERS' BILLING
STATEMENTS SHALL:
  (A) BE CLEARLY ORGANIZED AND DESCRIBE IN PLAIN LANGUAGE  THE  PRODUCTS
AND SERVICES FOR WHICH CHARGES ARE IMPOSED;
  (B)  DISTINGUISH  CHARGES  THAT  ARE  DIRECTLY  RELATED TO SERVICE AND
FEATURES RETAINED BY THE CARRIER FROM TAXES, FEES AND OTHER CHARGES THAT
ARE COLLECTED AND REMITTED BY THE CARRIER TO ANY FEDERAL, STATE OR LOCAL
GOVERNMENT ENTITY;
  (C) NOT INCLUDE ANY CHARGES OR FEES FOR PRODUCTS AND  SERVICES  UNLESS
AUTHORIZED BY THE CUSTOMER;
  (D) ITEMIZE ROAMING CHARGES WITHIN SIXTY DAYS OF THE CALL BEING PLACED
AND IDENTIFY THE DATE AND ORIGINATING LOCATION OF THE CALL;
  (E)  INCLUDE  THE  TOLL-FREE  NUMBER  MAINTAINED BY THE DIVISION WHICH
RECEIVES COMPLAINTS FROM WIRELESS TELEPHONE SERVICE  CUSTOMERS  RELATING
TO THEIR WIRELESS SERVICE; AND
  (F)  FOR  THE PURPOSES OF THIS SUBDIVISION, WIRELESS TELEPHONE SERVICE
CARRIERS MAY NOT LABEL COST RECOVERY FEES OR CHARGES AS TAXES.
  4. TRIAL PERIOD. THE TERMS ON WHICH WIRELESS  TELEPHONE  SERVICES  ARE
PROVIDED TO ANY CUSTOMER SHALL INCLUDE A TRIAL PERIOD WHICH SHALL END NO
EARLIER  THAN  FIFTEEN  DAYS  AFTER  THE  FIRST BILL IS RENDERED TO SUCH
CUSTOMER FOLLOWING SERVICE  ACTIVATION  AND  DURING  WHICH  PERIOD  SUCH
CUSTOMER  MAY,  AFTER  PAYMENT FOR SERVICES USED, TERMINATE SUCH SERVICE
WITHOUT INCURRING ANY TERMINATION FEES OR CHARGES OR ANY  OTHER  PENALTY
OF  ANY  KIND,  AND  MAY, UPON RETURN OF ANY HANDSET BOUGHT OR LEASED IN

S. 1838                             4

CONNECTION WITH SUCH SERVICE, RECEIVE A PRO RATED REFUND OF ANY  AMOUNTS
PAID FOR SUCH A HANDSET.
  5.   CONSUMER  COMPLAINTS;  IMPLEMENTING  REGULATIONS;  PENALTIES  FOR
VIOLATIONS. (A) WIRELESS TELEPHONE SERVICE CUSTOMERS MAY FILE COMPLAINTS
RELATED TO THEIR WIRELESS SERVICE WITH THE SECRETARY  OF  THE  DIVISION,
WHO  IS  AUTHORIZED TO RESOLVE SUCH COMPLAINTS.  THE SECRETARY OR HIS OR
HER DESIGNEE IS AUTHORIZED TO CONDUCT  SUCH  INVESTIGATIONS  AS  MAY  BE
NECESSARY TO RESOLVE SUCH COMPLAINTS, TO ADMINISTER OATHS AND TAKE AFFI-
DAVITS IN RELATION TO ANY MATTER OR PROCEEDING IN THE EXERCISE OF POWERS
AND  DUTIES  UNDER THIS SECTION, AND TO SUBPOENA AND REQUIRE THE ATTEND-
ANCE OF WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, CONTRACTS AND ANY
OTHER DOCUMENTS PERTAINING TO ANY INVESTIGATION  CONDUCTED  PURSUANT  TO
THIS  SECTION.  IF  ANY  PERSON REFUSES TO COMPLY WITH A SUBPOENA ISSUED
UNDER THIS PARAGRAPH, THE SECRETARY MAY PETITION A  COURT  OF  COMPETENT
JURISDICTION TO ENFORCE THE SUBPOENA AND FOR SUCH SANCTIONS AS THE COURT
MAY ORDER.
  (B) THE SECRETARY SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO  IMPLEMENT THIS SECTION AND IS FURTHER AUTHORIZED TO ISSUE ANY ORDERS
NECESSARY TO ENFORCE THIS SECTION AND SUCH RULES AND REGULATIONS. EXCEPT
AS SHALL BE PRE-EMPTED BY  FEDERAL  LAW  REGULATING  WIRELESS  TELEPHONE
SERVICE  PROVIDERS,  SUCH RULES AND REGULATIONS SHALL BE CONSISTENT WITH
FEDERAL LAW REGULATING WIRELESS TELEPHONE SERVICE OR PROVIDERS OF  WIRE-
LESS TELEPHONE SERVICE.
  (C)  THE  SECRETARY MAY ASSESS A CIVIL PENALTY NOT TO EXCEED TWO THOU-
SAND DOLLARS  PER  VIOLATION  AGAINST  ANY  WIRELESS  TELEPHONE  SERVICE
PROVIDER  OR  AUTHORIZED  RETAILER  THAT  NEGLECTS OR KNOWINGLY FAILS TO
COMPLY WITH ANY REQUIREMENT OF THIS SECTION, OF REGULATIONS  PROMULGATED
UNDER  THIS  SECTION,  OR  OF ANY ORDER OF THE SECRETARY IMPLEMENTING OR
ENFORCING THIS SECTION OR REGULATIONS PROMULGATED THEREUNDER. ALL MONEYS
RECOVERED FROM ANY SUCH PENALTY SHALL BE PAID INTO THE STATE TREASURY TO
THE CREDIT OF THE GENERAL FUND.
  6. REPORTING. AT LEAST ANNUALLY THE  DIVISION  SHALL  REPORT  CUSTOMER
COMPLAINTS BY CARRIER REGARDING WIRELESS TELEPHONE SERVICE IN THE STATE.
SUCH  REPORT  SHALL  INCLUDE  INFORMATION ON CARRIER CUSTOMER COMPLAINTS
FILED WITH AND RESOLVED BY THE SECRETARY.   THE REPORT  MAY  INCLUDE  AN
ANALYSIS  OF SUCH COMPLAINTS AND RECOMMENDATIONS, IF ANY, TO ADDRESS ANY
ISSUES THAT ARE IDENTIFIED BY THE DIVISION.
  7. APPLICABILITY. FOR PURPOSES OF THIS SECTION, THE WIRELESS TELEPHONE
SERVICE TO WHICH THE PROVISIONS OF THIS SECTION APPLY, IS BEING PROVIDED
OR BEING PROPOSED TO BE PROVIDED TO A  RESIDENTIAL  CUSTOMER  WHERE  THE
PLACE OF PRIMARY USE, AS THAT TERM IS USED IN SECTION ONE HUNDRED EIGHT-
Y-SIX-E OF THE TAX LAW, IS LOCATED IN THIS STATE.
  8.  SEVERABILITY. THE PROVISIONS OF THIS SECTION ARE SEVERABLE, AND IF
ANY PART OR PROVISION HEREOF, OR THE APPLICATION THEREOF TO  ANY  PERSON
OR  CIRCUMSTANCE,  SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID OR UNENFORCEABLE, SUCH  JUDGMENT  SHALL  NOT  AFFECT,
IMPAIR  OR  INVALIDATE  THE  REMAINING PROVISIONS OF THIS SECTION OR THE
APPLICATION OF ANY SUCH REMAINING PROVISIONS TO ANY  PERSON  OR  CIRCUM-
STANCE,  BUT SHALL BE CONFINED IN ITS OPERATION TO THE PROVISION, PERSON
OR CIRCUMSTANCE DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG-
MENT SHALL HAVE BEEN RENDERED.
  S 4. Paragraph a of subdivision 6 of section 5 of the  public  service
law,  as added by chapter 684 of the laws of 1997, is amended to read as
follows:
  a. Application of the provisions of this chapter to cellular telephone
services is suspended unless the commission, no  sooner  than  one  year

S. 1838                             5

after  the  effective  date  of this subdivision, makes a determination,
after notice and hearing, that suspension  of  the  application  of  the
provisions  of this chapter shall cease to the extent found necessary to
protect  the  public  interest;  PROVIDED, HOWEVER, THAT NOTHING IN THIS
PARAGRAPH SHALL SUSPEND OR LIMIT THE AUTHORITY PROVIDED TO THE  CONSUMER
PROTECTION  DIVISION  IN  SECTION  NINETY-FOUR-A OF THE EXECUTIVE LAW TO
IMPLEMENT THE PROVISIONS OF LAW CONTAINED THEREIN OR TO  PROMULGATE  AND
ENFORCE  REGULATIONS  TO  AFFORD  CONSUMER  PROTECTIONS  TO  RESIDENTIAL
CUSTOMERS OF CELLULAR OR WIRELESS TELEPHONE SERVICE PROVIDERS.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the secretary of the  consumer
protection division is authorized, on or before such date, to promulgate
any  and all rules and regulations and to take any other measures neces-
sary to implement this act on such effective date.

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Senate Bill S1838

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2013-S1838 (ACTIVE) - Details

2013-S1838 (ACTIVE) - Summary

2013-S1838 (ACTIVE) - Sponsor Memo

2013-S1838 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1838

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

Ruth Hassell-Thompson

2013-S1838 (ACTIVE) - Details

2013-S1838 (ACTIVE) - Summary

2013-S1838 (ACTIVE) - Sponsor Memo

2013-S1838 (ACTIVE) - Bill Text download pdf

Comments