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A06964 Summary:

COSPNSRSepulveda, Otis
Add 92-h, Pub Serv L
Relates to participation in the targeted accessibility fund established by the public service commission to provide financial support for the provision of lifeline service.
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A06964 Actions:

03/28/2017referred to corporations, authorities and commissions
06/15/2017reported referred to rules
06/19/2017rules report cal.441
06/19/2017substituted by s5192
 05/03/20171ST REPORT CAL.764
 05/08/20172ND REPORT CAL.
 06/13/2017PASSED SENATE
 06/13/2017referred to corporations, authorities and commissions
 06/19/2017substituted for a6964
 06/19/2017ordered to third reading rules cal.441
 06/19/2017passed assembly
 06/19/2017returned to senate
 11/29/2017SIGNED CHAP.434
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A06964 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the public service law, in relation to participation in the targeted accessibility fund   PURPOSE: This legislation will permit a wireless telecommunications provider to offer wireless Lifeline service, whether or not such wireless Lifeline provider is a facilities-based or non-facilities provider and to receive distributions from the Targeted Accessibility Fund established by the commission.   SUMMARY OF PROVISIONS: This legislation would amend public service law to add a new section 92-h, to permit a wireless telecommunications provider to offer Lifeline consumers enhanced benefits, including broadband access with the wire- less plans to addition to the traditional Lifeline service.   EXISTING LAW: Current law does not permit a non-facilities wireless telecommunications provider to offer enhanced wireless Lifeline service, including broad- band access to consumers. New York State only allows additional Lifeline services for the small local phone companies that are eligible to participate. Consumers only have the option for Lifeline land line and there is no wireless option that receives state support. Numerous other states including California have successfully implemented legislation to permit consumers in that state to receive enhanced wireless Lifeline benefits.   JUSTIFICATION: This bill would modernize the Lifeline program to help low-income consumers afford access to the internet and help close the digital divide. Lifeline customers overwhelmingly prefer mobile service to the traditional land line phone service. The national trends indicate that the majority of Lifeline customers prefer wireless plans, and the tradi- tional Lifeline service has been in decline. In the spring of 2016, the FCC issued major New Rules to reform the Lifeline program, including extending additional benefits to broadband internet access, encourage cable and other providers to offer Lifeline. This legislation removes the necessary existing New York restriction on wireless participation in the state Lifeline program because it. is obsolete. It would also increase consumer choice and unlock the Lifeline marketplace to encourage participation by broadband providers.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A06964 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 28, 2017
        Introduced by M. of A. CRESPO -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
        AN  ACT to amend the public service law, in relation to participation in
          the targeted accessibility fund
          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  92-h to read as follows:
     3    § 92-h. Participation in the targeted accessibility fund. 1.  As  used
     4  in  this  section, the term "fund" shall mean the targeted accessibility
     5  fund established by the commission for the purpose, among other  things,
     6  of  providing financial support for the provision of lifeline service in
     7  the state.
     8    2. Notwithstanding any other provision of this chapter,  any  provider
     9  or  reseller of commercial mobile radio service, as defined in 47 C.F.R.
    10  § 20.3, in the state that is  designated  as  an  eligible  telecommuni-
    11  cations carrier pursuant to 47 U.S.C. § 214(e) to offer lifeline service
    12  in  the state may, but shall not be required to, participate in the fund
    13  for the purpose of offering lifeline service.  If such a provider elects
    14  to participate in the fund, the provider shall  assume  all  rights  and
    15  obligations  associated  with  such participation under the commission's
    16  orders, on the same basis as other participants. Any such provider  that
    17  has  elected  to  participate in the fund may withdraw from such partic-
    18  ipation at any time.
    19    3. Except to the extent necessary to supervise or administer the fund,
    20  nothing in this section shall confer upon the commission any  regulatory
    21  jurisdiction  over  providers  or  resellers  of commercial mobile radio
    22  service that elect to participate in the fund.
    23    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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