NY State Senate Bill 2015-S4463A

Senate Bill S4463A

2015-2016 Legislative Session

Directs the public service commission to prepare and complete a comprehensive examination and study of the telecommunications industry in this state

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Archive: Last 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 06, 2016	referred to energy and telecommunications
May 06, 2015	print number 4463a
May 06, 2015	amend and recommit to energy and telecommunications
Mar 23, 2015	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S4463 - Details

See Assembly Version of this Bill:: A5960
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Services

2015-S4463 - Summary

Directs the public service commission to prepare and complete a comprehensive examination and study of the telecommunications industry in this state.

2015-S4463 - Sponsor Memo

                                BILL NUMBER:S4463

TITLE OF BILL:

An act in relation to directing the public service commission to
prepare and complete a comprehensive examination and study of the
telecommunications industry in this state

PURPOSE OR GENERAL IDEA OF BILL:

To require the Public Service Commission ("PSC") to conduct and
complete its analysis and study on the telecommunications industry in
this state.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill mandates the PSC to conduct and complete a
comprehensive study of this state's telecommunications industry.

Section two sets forth the contents of the study, including:

* an inventory of all available telecommunications networks, including
fiber-to-the-premises, cable, wireless and landline technologies,
regardless of their regulatory status;

* the status of competition for telecommunication services and

networks in this state;

* the actual costs and revenues for each service, technology or
network or a reasonable estimate of such costs and revenue;

* the adequacy of the commission's current definition or list of basic
services that all customers are entitled to, including what services
are technologically available for inclusion in a basic service list;
and

* whether the current level of capital expenditures by providers for
maintaining and repairing the copper wireline network is adequate to
ensure quality and reliability of service.

Section three describes the public review process for the study and
report, including the date for submission of the final report, by
September 30, 2015.

Section four requires the commission to provide an explanatory letter
to the governor and legislative leaders if it fails to meet the
deadlines.

Section five provides that the effective date is immediate.

JUSTIFICATION:

Since the telecommunications industry was de-regulated in this state
some 20 years ago, New Yorkers continue to pay among the highest rates
in the nation for telecommunication services, while concerns remain
regarding service quality, options and reliability.


In May of 2014, the chair of the PSC informed state legislative
leaders that it has commenced, and will complete by the end of March,
2015, a comprehensive study and analysis of the telecommunications
industry in this state, exploring, among other things, quality of
service, consumer protection, and affordability.

The State Legislature recently learned that the PSC will not meet its
own announced deadline, and has not indicated a new release date.
This delay is unacceptable, and will hurt New Yorkers. The study will
determine, among other things, whether the current fees and charges
are unjust or unreasonable, whether the services being provided are
adequate or reliable, and whether the basic needs of low-income
customers, in particular, senior citizens, the disabled population and
rural customers, are being addressed and met.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4463 - Bill Text download pdf

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

                                  4463

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 23, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications

AN ACT in relation to directing the public service commission to prepare
  and complete a comprehensive examination and study of the telecommuni-
  cations industry in this state

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

  Section  1. The New York State public service commission (the "commis-
sion") shall prepare and complete a comprehensive examination and  study
of  the  telecommunications  industry  in  this  state  pursuant  to the
provisions of this act. The study  shall  include  an  analysis  of  the
different and various telecommunication services, networks and technolo-
gies  currently being offered to New Yorkers, and how they rate in terms
of quality and reliability of service, consumer protections, and afford-
ability.
  S 2. The study shall include:
  (a) an analysis and assessment of  competitive  choices  available  to
consumers, including:
  (1) an inventory of all available telecommunications networks, includ-
ing  fiber-to-the-premises,  cable,  wireless and landline technologies,
regardless of their regulatory status;
  (2) the status  of  competition  for  telecommunication  services  and
networks.  Does  competition  exist  in this industry for the benefit of
consumers? How many platforms are available to consumers?  What  is  the
availability of competitive broadband in this state?;
  (3)  the  actual  costs  and  revenues for each service, technology or
network or a reasonable estimate of such costs and revenue.  What  rates
of  return have been earned in the price-regulated and the price-unregu-
lated services, networks or systems?;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09489-02-5

S. 4463                             2

  (4) the current level of service quality in all networks  or  systems.
How is it measured?;
  (5)  what  has  happened  to  rates/cost  of  service in each service,
network or system? Has the allocation of costs by providers resulted  in
excessive rates?;
  (6)  the  adequacy  of  the commission's current definition or list of
basic services that  all  consumers  are  entitled  to,  including  what
services  are technologically available for inclusion in a basic service
list. What are public expectations? How are they measured?;
  (7) whether there has been a deterioration of the quality  of  service
and  performance  standards for those consumers who still rely on copper
network;
  (8) whether the current level of capital expenditures by providers for
maintaining and repairing the copper wireline  network  is  adequate  to
ensure quality and reliability of service; and
  (b) recommendations on alternative approaches and statutory changes to
ensure  that telecommunication services and technologies remain afforda-
ble and reliable for all New Yorkers, and that such services are  avail-
able and remain reliable in advance of, or during, a natural disaster.
  S 3. (a) The commission shall, by June 15, 2015, issue a draft report,
with its preliminary findings, conclusions and recommendations. No soon-
er  than fifteen, but not more than seventy-five, days after the release
of the draft, the commission shall conduct at least four public hearings
in different regions of the state to allow for state-wide  public  input
and  comment on the draft report.  The commission shall ensure the pres-
ence and participation of at lest one commissioner at each of the public
hearings.
  (b) After careful review and consideration of public comments received
at such public hearings the commission shall issue its final  report  by
September 30, 2015, which shall include a summary of the public comments
received  and  may include the commission's response to select comments.
The commission shall issue its final report to the governor, the speaker
of the assembly, the temporary president of the senate, and the chair of
both the  assembly  and  senate  standing  committees  on  corporations,
authorities  and  commissions;  and  post  a  copy of such report on its
website.
  S 4. If the reports required pursuant to this act are not received  by
the  date  set  forth  in this act, the commission shall submit a letter
within forty-eight hours of the due date to the governor, the speaker of
the assembly, the temporary president of the senate, and  the  chair  of
both  the  assembly  and  senate  standing  committees  on corporations,
authorities, and commissions explaining in detail the  reasons  for  the
failure  to  meet  the  deadline  and  providing  an anticipated date of
completion.
  S 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S4463A (ACTIVE) - Details

See Assembly Version of this Bill:: A5960
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Services

2015-S4463A (ACTIVE) - Summary

Directs the public service commission to prepare and complete a comprehensive examination and study of the telecommunications industry in this state.

2015-S4463A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4463A

TITLE OF BILL:  An act in relation to directing the public service
commission to prepare and complete a comprehensive examination and
study of the telecommunications industry in this state

PURPOSE OR GENERAL IDEA OF BILL: To require the Public Service
Commission ("PSC") to conduct and complete its analysis and study on
the telecommunications industry in this State.

SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill mandates the
PSC to conduct and complete a comprehensive study of this State's
telecommunications industry.

Section two sets forth the contents of the study, including:

* an inventory of all available telecommunications networks, including
fiber-to-the premises, cable, wireless and landline technologies,
regardless of their regulatory status;

* the status of competition for telecommunication services and
networks in this state;

* the actual costs and revenues for each service, technology or
network or a reasonable estimate of such costs and revenue;

* the adequacy of the commission's current definition or list of basic
services that all customers are entitled to, including what services
are technologically available for inclusion in a basic service list;
and

* whether the current level of capital expenditures by providers for
maintaining and repairing the copper wireline network is adequate to
ensure quality and reliability of service.

Section three describes the public review process for the study and
report, including the date for submission of the final report, by
December 31, 2015

Section four requires the commission to provide an explanatory letter
to the governor and legislative leaders if it fails to meet the
deadlines.

Section five provides that the effective date is immediate.

JUSTIFICATION: Since the telecommunications industry was de-regulated
in this State some 20 years ago, New Yorkers continue to pay among the
highest rates in the Nation for telecommunication services, while
concerns remain regarding service quality, options and reliability.
In May of 2014, the chair of the PSC informed State legislative
leaders that it has commenced, and will complete by the end of March,
2015, a comprehensive study and analysis of the telecommunications
industry in this State, exploring, among other things, quality of
service, consumer protection, and affordability.

The legislature recently learned that the PSC will not meet its own
announced deadline, and has not indicated a new release date. This


delay is unacceptable, and will hurt New Yorkers, The study will
determine, among other things, whether the current fees and charges
are unjust or unreasonable, whether the services being provided are
adequate or reliable, and whether the basic needs of low-income
customers, in particular, senior citizens, the disabled population and
rural customers, are being addressed and met.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

2015-S4463A (ACTIVE) - Bill Text download pdf

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

                                 4463--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 23, 2015
                               ___________

Introduced  by  Sens.  RANZENHOFER,  KENNEDY, LATIMER, O'MARA, PARKER --
  read twice and ordered printed, and when printed to  be  committed  to
  the   Committee   on   Energy   and  Telecommunications  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT in relation to directing the public service commission to prepare
  and complete a comprehensive examination and study of the telecommuni-
  cations industry in this state

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

  Section  1. The New York State public service commission (the "commis-
sion") shall prepare and complete a comprehensive examination and  study
of  the  telecommunications  industry  in  this  state  pursuant  to the
provisions of this act. The study  shall  include  an  analysis  of  the
different and various telecommunication services, networks and technolo-
gies  currently being offered to New Yorkers, and how they rate in terms
of quality and reliability of service, consumer protections, and afford-
ability.
  S 2. The study shall include:
  (a) an analysis and assessment of  competitive  choices  available  to
consumers, including:
  (1) an inventory of all available telecommunications networks, includ-
ing  fiber-to-the-premises,  cable,  wireless and landline technologies,
regardless of their regulatory status;
  (2) the status  of  competition  for  telecommunication  services  and
networks.  Does  competition  exist  in this industry for the benefit of
consumers? How many platforms are available to consumers?  What  is  the
availability of competitive broadband in this state?;
  (3)  the  actual  costs  and  revenues for each service, technology or
network or a reasonable estimate of such costs and revenue.  What  rates

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09489-04-5

S. 4463--A                          2

of  return have been earned in the price-regulated and the price-unregu-
lated services, networks or systems?;
  (4)  the  current level of service quality in all networks or systems.
How is it measured and what are the metrics or standards used  for  such
measurement?;
  (5)  what  has  happened  to  rates/cost  of  service in each service,
network or system? Has the allocation of costs by providers resulted  in
excessive rates?;
  (6)  the  adequacy  of  the commission's current definition or list of
basic services that  all  consumers  are  entitled  to,  including  what
services  are technologically available for inclusion in a basic service
list. What are public expectations? How are they measured?;
  (7) whether there has been a deterioration of the quality  of  service
and  performance  standards for those consumers who still rely on copper
network;
  (8) whether the current level of capital expenditures by providers for
maintaining and repairing the copper wireline  network  is  adequate  to
ensure quality and reliability of service; and
  (b) recommendations on alternative approaches and statutory changes to
ensure  that telecommunication services and technologies remain afforda-
ble and reliable for all New Yorkers, and that such services are  avail-
able and remain reliable in advance of, or during, a natural disaster.
  S  3.  (a)  The  commission  shall,  by August 31, 2015, issue a draft
report, with its preliminary findings, conclusions and  recommendations.
No  sooner  than fifteen, but not more than seventy-five, days after the
release of the draft, the commission shall conduct at least four  public
hearings  in  different  regions  of  the  state to allow for state-wide
public input and comment on the draft  report.    The  commission  shall
ensure  the  presence  and participation of at least one commissioner at
each of the public hearings.
  (b) After careful review and consideration of public comments received
at such public hearings the commission shall issue its final  report  by
December  31, 2015, which shall include a summary of the public comments
received and may include the commission's response to  select  comments.
The commission shall issue its final report to the governor, the speaker
of the assembly, the temporary president of the senate, and the chair of
both  the  assembly  and  senate  standing  committees  on corporations,
authorities and commissions; and post a  copy  of  such  report  on  its
website.
  S  4. If the reports required pursuant to this act are not received by
the date set forth in this act, the commission  shall  submit  a  letter
within forty-eight hours of the due date to the governor, the speaker of
the  assembly,  the  temporary president of the senate, and the chair of
both the  assembly  and  senate  standing  committees  on  corporations,
authorities,  and  commissions  explaining in detail the reasons for the
failure to meet the  deadline  and  providing  an  anticipated  date  of
completion.
  S 5. This act shall take effect immediately.

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Senate Bill S4463A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

co-Sponsors

2015-S4463 - Details

2015-S4463 - Summary

2015-S4463 - Sponsor Memo

2015-S4463 - Bill Text download pdf

co-Sponsors

2015-S4463A (ACTIVE) - Details

2015-S4463A (ACTIVE) - Summary

2015-S4463A (ACTIVE) - Sponsor Memo

2015-S4463A (ACTIVE) - Bill Text download pdf

Comments