S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2748
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to  requiring  cable
   companies  to  provide  notice to their customers of scheduled mainte-
   nance

   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
 231 to read as follows:
   § 231. NOTICE FOR SERVICE OUTAGE FOR SCHEDULED MAINTENANCE. 1.   EVERY
 CABLE   TELEVISION   COMPANY  PROVIDING  CABLE,  INTERNET  OR  TELEPHONE
 SERVICES,  OR  ANY  COMBINATION  THEREOF,  THROUGH  CABLE  OR  BROADBAND
 CONNECTION  SHALL PROVIDE AT LEAST FORTY-EIGHT HOURS NOTICE TO SUBSCRIB-
 ERS AFFECTED BY ANY SERVICE OUTAGE RESULTING FROM SCHEDULED MAINTENANCE.
   2. SUCH NOTICE MAY BE PROVIDED THROUGH EMAIL, MAIL, TELEPHONE COMMUNI-
 CATION OR TEXT MESSAGING, BUT SHALL INCLUDE, AT A MINIMUM:
   (A) WHAT THE SCHEDULED MAINTENANCE ENTAILS;
   (B) AN ESTIMATE OF WHEN AND THE DURATION OF SUCH MAINTENANCE; AND
   (C) WHAT SERVICES MAY BE AFFECTED BY SUCH MAINTENANCE.
   3. THE MINIMUM CREDIT FOR A SERVICE OUTAGE SHALL BE EQUAL TO TWO TIMES
 THE VALUE OF THE SERVICE LOST. THE VALUE OF THE SERVICE  LOST  SHALL  BE
 DETERMINED BY THE AVERAGE APPLICABLE MONTHLY CHARGE DIVIDED BY THE ACTU-
 AL  TIME  LOST.  ALL  CREDITS SHALL BE APPLIED TO A SUBSCRIBER'S ACCOUNT
 WITHIN TWO  BILLING  CYCLES  AFTER  THE  SERVICE  OUTAGE  AND  SHALL  BE
 REFLECTED  ON  THE SUBSCRIBER'S BILLING STATEMENT. THE BILLING STATEMENT
 SHALL SET FORTH THE METHOD BY WHICH THE CREDIT WAS CALCULATED.
   4. THIS SECTION SHALL NOT APPLY TO ANY INTERRUPTION  IN  SERVICE  THAT
 OCCURS AS A RESULT OF NONPAYMENT OF A PREVIOUSLY DUE ACCOUNT.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Provided, 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, necessary to
 fully implement the provisions of this act on its effective date.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02723-01-7