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

                                  1968

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by  M.  of  A. BRENNAN, THIELE, ENGLEBRIGHT, SKOUFIS, STECK,
  SCARBOROUGH, ABINANTI, CUSICK, MOSLEY, OTIS, SOLAGES, TITONE,  BRINDI-
  SI, JAFFEE, SIMOTAS, GOTTFRIED, COLTON, BARRETT, LIFTON -- Multi-Spon-
  sored  by  --  M.  of  A.  ARROYO, BORELLI, BUCHWALD, DenDEKKER, FAHY,
  GALEF, GARBARINO, GLICK,  HOOPER,  KEARNS,  LAVINE,  LENTOL,  LUPARDO,
  MARKEY,  PAULIN,  RAMOS,  ROZIC, RYAN, SCHIMEL, SKARTADOS -- read once
  and referred to the Committee on Corporations, Authorities and Commis-
  sions

AN ACT to amend the public service law, in relation to service  perform-
  ance standards for telephone corporations

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

  Section 1. Section 95 of the public service law is amended by adding a
new subdivision 4 to read as follows:
  4. (A) ALL SERVICE PROVIDERS, AS DEFINED IN SECTION ONE HUNDRED  THREE
OF THIS ARTICLE, SHALL FILE WITH THE COMMISSION FOR EACH AND EVERY MONTH
A  REPORT SETTING FORTH THE COMPLIANCE RATE OF THE SERVICE PROVIDER WITH
RESPECT TO THE MONTHLY SERVICE PERFORMANCE STANDARDS ESTABLISHED BY  THE
COMMISSION  PURSUANT  TO  SECTION ONE HUNDRED THREE OF THIS ARTICLE. ALL
SUCH REPORTS SHALL BE PUBLIC  DOCUMENTS  AND  SHALL  BE  POSTED  ON  THE
WEBSITE  OPERATED  AND  MAINTAINED BY THE COMMISSION. THE INFORMATION OR
DATA CONTAINED IN SUCH REPORTS SHALL CONSTITUTE STATISTICAL  OR  FACTUAL
TABULATION  OR  DATA AND SHALL NOT BE EXEMPT FROM DISCLOSURE PURSUANT TO
ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  (B) ALL SUCH REPORTS SHALL BE DISAGGREGATED BY SERVICE  PROVIDER;  AND
BY  REGIONS  AND  SUBREGIONS, AS DETERMINED BY THE COMMISSION, TO ENSURE
THAT ALL GEOGRAPHIC AREAS AND CUSTOMERS IN THE STATE ARE  EQUALLY  MEAS-
URED AND COUNTED.
  (C)  THE COMMISSION SHALL NOT BE AUTHORIZED TO WAIVE, REDUCE, RELAX OR
ELIMINATE ANY REPORTING REQUIREMENTS SET FORTH IN THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02511-01-5

              

A. 1968                             2

  S 2. The public service law is amended by adding a new section 103  to
read as follows:
  S 103. SERVICE PERFORMANCE STANDARDS. 1. DEFINITIONS. FOR THE PURPOSES
OF THIS ARTICLE, THE TERMS:
  (A)  "SERVICE PERFORMANCE STANDARDS" SHALL MEAN ANY METRIC OR PERFORM-
ANCE STANDARD OR THRESHOLD ESTABLISHED BY THE COMMISSION AS  OF  JANUARY
FIRST,  TWO  THOUSAND TEN THAT EACH SERVICE PROVIDER IS EXPECTED TO MEET
RELATING TO MAINTENANCE  SERVICE,  INSTALLATIONS,  NETWORK  PERFORMANCE,
ANSWER  TIME,  AND ANY OTHER STANDARD THAT MEASURES QUALITY AND ADEQUACY
OF SERVICE.
  (B) "SERVICE PROVIDER" SHALL MEAN A TELEPHONE CORPORATION CERTIFIED BY
THE COMMISSION PURSUANT TO THIS CHAPTER WITH THE AUTHORITY AND TARIFF TO
PROVIDE LOCAL EXCHANGE SERVICE IN THIS  STATE  THAT  IS  OFFERING  FIXED
WIRELESS TELEPHONE SERVICES IN THIS STATE.
  2.  SERVICE  PERFORMANCE STANDARDS. (A) THE COMMISSION SHALL ESTABLISH
SERVICE PERFORMANCE STANDARDS THAT SHALL BE APPLICABLE  TO  ALL  SERVICE
PROVIDERS.  UPON  THE  ESTABLISHMENT  OR  APPROVAL OF ANY SUCH STANDARD,
EXCEPT DURING PERIODS OF EMERGENCY, CATASTROPHE, DISASTER OR  ANY  OTHER
EXTRAORDINARY  EVENT THAT IS BEYOND THE CONTROL OF A SERVICE PROVIDER AS
DETERMINED BY THE COMMISSION, THE  COMMISSION  MAY  NOT  WAIVE,  REDUCE,
RELAX  OR  ELIMINATE ANY SERVICE PERFORMANCE STANDARD FOR ANY INDIVIDUAL
SERVICE PROVIDER.
  (B) THE EXISTENCE OF ALTERNATE OR OTHER SERVICE PROVIDERS  WITHIN  THE
SAME SERVICE AREA OR ANY OTHER FACTORS RELATING TO COMPETITION SHALL NOT
BE  A FACTOR, GROUND OR BASIS IN ANY DETERMINATION TO ESTABLISH, REDUCE,
RELAX OR ELIMINATE A SERVICE PERFORMANCE STANDARD.
  3. REPORTS. ALL SERVICE PERFORMANCE REPORTS SUBMITTED TO  THE  COMMIS-
SION  BY  A SERVICE PROVIDER OR ANY OTHER ENTITY THAT PROVIDES TELEPHONE
SERVICES SHALL BE PREPARED, FILED AND MADE AVAILABLE PURSUANT TO  SUBDI-
VISION FOUR OF SECTION NINETY-FIVE OF THIS ARTICLE.
  4. PENALTIES. NOTWITHSTANDING THE PROVISIONS OF SECTION TWENTY-FIVE OF
THIS  CHAPTER, ANY SERVICE PROVIDER AND THE OFFICERS, AGENTS AND EMPLOY-
EES OF SUCH CORPORATION THAT FAILS OR NEGLECTS TO MEET ANY  ONE  OF  THE
SERVICE  PERFORMANCE  STANDARDS  ESTABLISHED  BY  THE  COMMISSION  SHALL
FORFEIT TO THE STATE OF NEW YORK A SUM NOT TO EXCEED THE GREATER OF:
  (A) FIVE HUNDRED THOUSAND DOLLARS CONSTITUTING  A  CIVIL  PENALTY  FOR
EACH FAILURE OR NEGLECT TO MEET ANY ONE OF THE SERVICE PERFORMANCE STAN-
DARDS.   THE FAILURE OR NEGLECT TO MEET ANY SERVICE PERFORMANCE STANDARD
FOR TWO CONSECUTIVE REPORTING PERIODS SHALL RESULT IN THE FORFEITURE  OF
ONE MILLION DOLLARS FOR EACH FAILURE OR NEGLECT; OR
  (B)  THREE  TIMES THE AMOUNT OF THE COST OF MEETING AND COMPLYING WITH
THE SERVICE PERFORMANCE STANDARD, AS DETERMINED BY THE COMMISSION.
  5. (A) NOTWITHSTANDING ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,  NO
SERVICE PROVIDER MAY OFFER OR PROVIDE FIXED WIRELESS TELEPHONE OR COMMU-
NICATION  SYSTEMS,  SERVICES OR PRODUCTS, NOR MAY THE COMMISSION AUTHOR-
IZE, PERMIT OR APPROVE ANY SERVICE PROVIDER TO  OFFER  OR  PROVIDE  SUCH
SYSTEMS,  SERVICES  OR  PRODUCTS,  TO ANY PERSON IN THIS STATE UNTIL AND
UNLESS THE COMMISSION HAS DETERMINED THAT SUCH SERVICE PROVIDER HAS MET,
AND FULLY COMPLIED WITH, EACH AND  EVERY  MONTHLY  PERFORMANCE  STANDARD
ESTABLISHED  BY  THE  COMMISSION  FOR  SUCH SERVICE PROVIDER IN EACH AND
EVERY SERVICE REGION OR AREA SERVED BY THE SERVICE PROVIDER FOR A PERIOD
OF AT LEAST TWELVE MONTHS.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION:  (I) A SERVICE PROVIDER MAY REPLACE A COPPER-BASED WIRELINE COMMU-
NICATION  NETWORK  WITH  A  WIRELESS  SYSTEM FOR ANY CUSTOMER WHO, AFTER
RECEIVING APPROPRIATE NOTICE AND INFORMATION FROM THE SERVICE  PROVIDER,

A. 1968                             3

CONSENTS  TO  SUCH  REPLACEMENT  ON  FORMS  PREPARED  OR APPROVED BY THE
COMMISSION; AND (II) THE COMMISSION, IN THE AFTERMATH OF  A  WEATHER-RE-
LATED  NATURAL  EVENT  OR EMERGENCY, MAY AUTHORIZE A SERVICE PROVIDER TO
TAKE ANY ACTIONS THAT ARE OTHERWISE PROHIBITED BY THIS SECTION.
  S  3. Severability clause. If any clause, sentence, paragraph, section
or part of this act shall be adjudged by any court of  competent  juris-
diction to be invalid, the judgment shall not affect, impair, or invali-
date  the  remainder  thereof, but shall be confined in its operation to
the clause,  sentence,  paragraph,  section  or  part  thereof  directly
involved  in  the  controversy  in  which  the  judgment shall have been
rendered.
  S 4. This act shall take effect immediately.