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

                                         5386

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    April 27, 2009
                                      ___________

       Introduced  by Sen. SQUADRON -- 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, in relation to providing credits
         for  interruption  of cable television, internet and telephone service
         provided through cable or broadband connections

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

    1    Section  1.  The public service law is amended by adding a new section
    2  231 to read as follows:
    3    S 231. CREDIT FOR SERVICE OUTAGE. 1. EVERY  CABLE  TELEVISION  COMPANY
    4  PROVIDING  CABLE,  INTERNET  OR  TELEPHONE  SERVICES, OR ANY COMBINATION
    5  THEREOF, THROUGH CABLE OR BROADBAND CONNECTION SHALL PROVIDE  CREDIT  TO
    6  SUBSCRIBERS  AFFECTED BY ANY SERVICE OUTAGE IN EXCESS OF FOUR CONTINUOUS
    7  HOURS IN ACCORDANCE WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION. THE
    8  FOUR-HOUR PERIOD SHALL COMMENCE AT THE TIME THE CABLE TELEVISION COMPANY
    9  FIRST BECOMES AWARE OF THE SERVICE OUTAGE.
   10    2. WHENEVER A CABLE TELEVISION COMPANY MAY  REASONABLY  DETERMINE  THE
   11  EXISTENCE AND SCOPE OF SERVICE OUTAGE, WHICH SERVICE OUTAGE EXCEEDS FOUR
   12  CONTINUOUS  HOURS  AND SOME PART OF WHICH OCCURS DURING THE HOURS OF SIX
   13  A.M. TO TWELVE A.M., THE CABLE TELEVISION  COMPANY  SHALL  AUTOMATICALLY
   14  CREDIT THE ACCOUNT OF EACH AFFECTED SUBSCRIBER.
   15    3.  IN  THE  EVENT  A  CABLE  TELEVISION  COMPANY CANNOT DETERMINE ALL
   16  SUBSCRIBERS AFFECTED BY A SERVICE OUTAGE IN EXCESS  OF  FOUR  CONTINUOUS
   17  HOURS  OR  NO PART OF SUCH OUTAGE OCCURS DURING THE HOURS OF SIX A.M. TO
   18  TWELVE A.M., CREDIT SHALL BE GIVEN TO ANY ELIGIBLE SUBSCRIBER WHO  MAKES
   19  APPLICATION THEREFOR BY EITHER WRITTEN OR ORAL NOTICE WITHIN NINETY DAYS
   20  OF SUCH SERVICE OUTAGE.
   21    4. THE MINIMUM CREDIT FOR A SERVICE OUTAGE SHALL BE EQUAL TO ONE THIR-
   22  TIETH  TIMES  THE  APPLICABLE  MONTHLY  CHARGE FOR EACH TWENTY-FOUR HOUR
   23  PERIOD DURING WHICH A SERVICE OUTAGE CONTINUES FOR AT LEAST FOUR  HOURS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09405-01-9
       S. 5386                             2

    1  ALL  CREDITS SHALL BE APPLIED TO A SUBSCRIBER'S ACCOUNT WITHIN TWO BILL-
    2  ING CYCLES AFTER THE SERVICE OUTAGE OR THE SUBSCRIBERS' REQUEST PURSUANT
    3  TO SUBDIVISION THREE OF  THIS  SECTION,  AS  APPLICABLE,  AND  SHALL  BE
    4  REFLECTED  ON  THE SUBSCRIBER'S BILLING STATEMENT. THE BILLING STATEMENT
    5  SHALL SET FORTH THE METHOD BY WHICH THE CREDIT WAS CALCULATED.
    6    5. A CABLE TELEVISION COMPANY SHALL BE RESPONSIBLE FOR  EVERY  SERVICE
    7  OUTAGE  EXCEPT  FOR  INTERRUPTION  OF  PROGRAMMING  TO PROVIDE EMERGENCY
    8  INFORMATION TO THE PUBLIC USING THE EMERGENCY ALERT SYSTEM  AS  REQUIRED
    9  BY  THE RULES OF THE FEDERAL COMMUNICATIONS COMMISSION AND FEDERAL EMER-
   10  GENCY MANAGEMENT AGENCY.
   11    6. THIS SECTION SHALL NOT APPLY TO ANY INTERRUPTION  IN  SERVICE  THAT
   12  OCCURS AS A RESULT OF NONPAYMENT OF A PREVIOUSLY DUE ACCOUNT.
   13    7.  AS  USED  IN  THIS  SECTION  "SERVICE OUTAGE" SHALL MEAN A LOSS OF
   14  PICTURE OR SOUND ON ALL BASIC CHANNELS OR ON ALL  CHANNELS  PROVIDED  ON
   15  ANY  OTHER  SERVICE TIER OR ON ONE OR MORE PREMIUM CHANNELS OR A LOSS OF
   16  INTERNET OR TELEPHONE SERVICE OCCURRING DURING NORMAL  OPERATING  CONDI-
   17  TIONS WHICH IS NOT CAUSED BY THE SUBSCRIBER OR BY THE SUBSCRIBER'S TELE-
   18  VISION RECEIVER, COMPUTER EQUIPMENT OR TELEPHONE.
   19    S 2. This act shall take effect on the one hundred twentieth day after
   20  it shall have become a law. Provided, that the public service commission
   21  is  immediately  authorized  and  directed  to take any and all actions,
   22  including but not limited to the promulgation of  any  necessary  rules,
   23  necessary to fully implement the provisions of this act on its effective
   24  date.