Requires local phone companies to provide customers with a cost free option to block certain information-access services; provides such service shall not be included in the telephone company's rate base; requires the public service commission to promulgate rules and regulations relating thereto.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4389
SPONSOR: Lemondes TITLE OF BILL:
An act to amend the public service law, in relation to requiring local
phone companies to provide customers with a cost free option to block
certain information-access services
PURPOSE OR GENERAL IDEA OF BILL:
To give phone customers the ability to prohibit the use of their phone
for the receiving of messages they may find obscene.
SUMMARY OF PROVISIONS:
Section 1: presents the legislative findings and explains the intent of
the legislation
Section 2: Mandates the Public Service Commission (PSC) to require local
phone companies providing information-access services to designate a
specific prefix for messages the phone company considers obscene. Also
requires all phone companies to provide a service that blocks access to
any prefix designated for obscene messages and to inform customers of
this blocking service at least once a year by way of an insert in the
billing envelope. Prohibits the inclusion of costs for the services and
information thereof in the rate base.
Section 3: provides the effective date
JUSTIFICATION:
Phone messages that customers may fin obscene are now available via
their phones with unrestricted access. Customers need the opportunity to
better control the information that can be received over their phones.
To block access to all information-access service prefixes (the first 3
numbers of a phone number) unnecessarily limits the customer's access to
use information. A specific prefix designated for messages the phone
company considers obscene and a blocking service that disallows the use
of a phone to call a number with that prefix provides the customers with
the flexibility to decide what messages are to be received.
Since the phone company earns revenue from obscene information-access
services, it should absorb the cost for limiting the access to those
messages. This cost should not be passed to the customer through
increases in the rate base.
PRIOR LEGISLATIVE HISTORY:
02/19/21 referred to corporations, authorities and commissions
01/05/22 referred to corporations, authorities and commissions
05/03/22 held for consideration in corporations, authorities and commis-
sions
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Unknown
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law
STATE OF NEW YORK
________________________________________________________________________
4389
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. LEMONDES -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to requiring local
phone companies to provide customers with a cost free option to block
certain information-access services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. Effective July 1, 1989
2 customers who wish to block "adult" messages, group calling services or
3 recorded information and entertainment services from their phones have
4 had to pay a five dollar fee. The legislature finds that customers
5 should not have to pay to block a service they never requested and that
6 this blocking option should be made available free of charge.
7 § 2. Section 91 of the public service law is amended by adding a new
8 subdivision 15 to read as follows:
9 15. (a) The cost for providing blocking services and informing custom-
10 ers thereof, shall be borne by the telephone company providing the
11 blocking service, and shall not be included in that telephone company's
12 rate base.
13 (b) The public service commission shall promulgate the appropriate
14 rules and regulations within one hundred twenty days of the effective
15 date of this subdivision.
16 § 3. This act shall take effect on the thirtieth day after it shall
17 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01268-01-3
