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

                                   75

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT to amend the public service law and the general business law, in
  relation to telecommunications and cable call centers

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

  Section 1. Section 65 of the public service law is amended by adding a
new subdivision 14 to read as follows:
  14.  (A)  EVERY  TELECOMMUNICATION  CORPORATION AND THEIR SUBSIDIARIES
FURNISHING TRADITIONAL LANDLINE TELEPHONE SERVICE, FIBER OPTIC  SERVICE,
VOICE  OVER  INTERNET  PROTOCOL (VOIP), DATA CIRCUITS, CABLE OR INTERNET
SERVICES SHALL PROVIDE CALL CENTER SERVICE ASSISTANCE INCLUDING, BUT NOT
LIMITED TO OPERATOR SERVICES,  DIRECTORY  ASSISTANCE  BUREAUS  AND  CALL
COMPLETION SERVICES FOR THE FOLLOWING:
  (1) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY;
  (2) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING
CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE  NUMBERS,  REVERSE NUMBER SEARCHES AND TAKING REQUESTS FOR AND
COMPLETING THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER,  AND
PROVIDING ASSISTANCE TO PAYPHONE CUSTOMERS;
  (3) DETERMINING DEPOSIT REQUIRED OR BILLING RATE;
  (4)  PREPARING  INSTALLATION  AND  REPAIR SERVICE ORDERS AND OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES;
  (5)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT AND COMMON PRACTICES;
  (6)  INVESTIGATING TROUBLE ORDER FORMS AND INITIATING HIGH BILL INVES-
TIGATIONS;

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

                                                           LBD03359-01-1

S. 75                               2

  (7) HANDLING PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH  AS  OBTAINING
DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS; AND
  (8) AIDING CUSTOMERS WITH INTERNAL ASSISTANCE PROGRAMS.
  (B)  NO  TELECOMMUNICATION  CORPORATION  SHALL  CLOSE A CALL CENTER OR
OTHER FACILITY PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN  PARAGRAPH
(A)  OF THIS SUBDIVISION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER
AREA OF THIS STATE OR OUTSIDE OF THIS STATE WITHOUT NOTICE  AND  HEARING
BEFORE  THE  COMMISSION.  HOWEVER,  AT NO TIME SHALL A TELECOMMUNICATION
CORPORATION PERMANENTLY TRANSFER MORE THAN .7 PERCENT OF JOBS  FROM  ANY
CALL  CENTER DESCRIBED ABOVE TO ANOTHER AREA OF THIS STATE OR OUTSIDE OF
THE STATE AND A VALID  COLLECTIVE  BARGAINING  AGREEMENT  OR  EMPLOYMENT
CONTRACT THAT GOVERNS PERMANENT TRANSFER PERCENTAGES OF CALL CENTER JOBS
SHALL SUPERSEDE THE .7 PERCENT JOB TRANSFER RATE DESCRIBED ABOVE.
  (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHEREBY
UTILITY  COMPANY  POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR
SIMILAR SERVICE COMPANIES OR WHERE THE ATTENDANCE OF CALL CENTER EMPLOY-
EES IS LESS THAN NINETY PERCENT IN ANY GIVEN MONTH, THIS  SECTION  SHALL
NOT  APPLY FOR THE FOLLOWING MONTH. ATTENDANCE FOR THIS SECTION SHALL BE
DEFINED WHEN AN EMPLOYEE IS EXPECTED TO REPORT TO WORK AS SCHEDULED.  IF
A COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT DEFINES ATTEND-
ANCE THEN THAT SHALL SUPERSEDE THE DEFINITION ABOVE. IF ATTENDANCE FALLS
BELOW  NINETY  PERCENT  AS  A DIRECT RESULT OF THE CORPORATION THEN THIS
SECTION SHALL APPLY.
  S 2. The general business law is amended by adding a new section 394-f
to read as follows:
  S 394-F. CABLE COMPANY CALL CENTERS. (A) EVERY CABLE  CORPORATION  AND
THEIR  SUBSIDIARIES  FURNISHING  TRADITIONAL LANDLINE TELEPHONE SERVICE,
FIBER OPTIC SERVICE, VOICE OVER INTERNET PROTOCOL (VOIP), DATA CIRCUITS,
CABLE OR INTERNET SERVICES SHALL PROVIDE CALL CENTER SERVICE  ASSISTANCE
INCLUDING,  BUT  NOT  LIMITED  TO OPERATOR SERVICES, DIRECTOR ASSISTANCE
BUREAUS AND CALL COMPLETION SERVICES FOR THE FOLLOWING:
  (1) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY;
  (2) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING
CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE NUMBERS, REVERSE NUMBER SEARCHES AND TAKING REQUESTS  FOR  AND
COMPLETING  THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER, AND
PROVIDING ASSISTANCE TO PAYPHONE CUSTOMERS;
  (3) DETERMINING DEPOSIT REQUIRED OR BILLING RATE;
  (4) PREPARING INSTALLATION AND REPAIR  SERVICE  ORDERS  AND  OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES;
  (5)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT AND COMMON PRACTICES;
  (6) INVESTIGATING TROUBLE ORDER FORMS AND INITIATING HIGH BILL  INVES-
TIGATIONS;
  (7)  HANDLING  PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS OBTAINING
DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS; AND
  (8) AIDING CUSTOMERS WITH INTERNAL ASSISTANCE PROGRAMS.
  (B) NO CABLE CORPORATION SHALL CLOSE A CALL CENTER OR  OTHER  FACILITY
PROVIDING  THE  CUSTOMER ASSISTANCE SET FORTH IN SUBDIVISION (A) OF THIS
SECTION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF NEW YORK
STATE OR OUTSIDE OF THIS STATE WITHOUT NOTICE  AND  HEARING  BEFORE  THE
COMMISSION.  HOWEVER,  AT  NO TIME SHALL A CABLE CORPORATION PERMANENTLY
TRANSFER MORE THAN .7 PERCENT OF JOBS FROM  ANY  CALL  CENTER  DESCRIBED
ABOVE  TO ANOTHER AREA OF THIS STATE OR OUTSIDE OF THE STATE AND A VALID

S. 75                               3

COLLECTIVE BARGAINING AGREEMENT  OR  EMPLOYMENT  CONTRACT  THAT  GOVERNS
PERMANENT  TRANSFER  PERCENTAGES OF CALL CENTER JOBS SHALL SUPERSEDE THE
.7 PERCENT JOB TRANSFER RATE DESCRIBED ABOVE.
  (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHEREBY
UTILITY  COMPANY  POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR
SIMILAR SERVICE COMPANIES OR WHERE THE ATTENDANCE OF CALL CENTER EMPLOY-
EES IS LESS THAN NINETY PERCENT IN ANY GIVEN MONTH  THIS  SECTION  SHALL
NOT  APPLY FOR THE FOLLOWING MONTH. ATTENDANCE FOR THIS SECTION SHALL BE
DEFINED WHEN AN EMPLOYEE IS EXPECTED TO REPORT TO WORK AS SCHEDULED.  IF
A COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT DEFINES ATTEND-
ANCE THEN THAT SHALL SUPERSEDE THE DEFINITION ABOVE. IF ATTENDANCE FALLS
BELOW  NINETY  PERCENT  AS  A DIRECT RESULT OF THE CORPORATION THEN THIS
SECTION SHALL APPLY.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law; provided, however, 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  or  regu-
lations necessary to implement the provisions of this act on such effec-
tive date.