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A03414 Summary:

BILL NOA03414
 
SAME ASNo Same As
 
SPONSORSantabarbara
 
COSPNSRLevenberg, Manktelow, Sayegh
 
MLTSPNSR
 
Add §224-d, Pub Serv L
 
Enacts the "internet service outage consumer protection act"; requires every internet service provider operating in this state to issue a prorated bill credit to consumers for any internet service outage lasting more than one hour.
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A03414 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3414
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2025
                                       ___________
 
        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public service law,  in  relation  to  enacting  the
          "internet service outage consumer protection act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "internet service outage consumer protection act".
     3    §  2.  The public service law is amended by adding a new section 224-d
     4  to read as follows:
     5    § 224-d. Prorated bill credits for internet service  outages.  1.  For
     6  the purposes of this section:
     7    (a)  "internet  service provider" means any person, business or organ-
     8  ization qualified to do business in this state  that  provides  individ-
     9  uals, corporations, or other entities with the ability to connect to the
    10  internet;
    11    (b) "outage" means any period of time during which a consumer's inter-
    12  net  service  is unavailable, excluding scheduled maintenance periods of
    13  which the consumer has been  notified  at  least  twenty-four  hours  in
    14  advance; and
    15    (c)  "consumer"  means  any  person  or entity that purchases internet
    16  service for personal or business use.
    17    2. Every internet service provider operating in this state shall issue
    18  a prorated bill credit to consumers  for  any  internet  service  outage
    19  lasting more than one hour. Such credit shall be calculated based on the
    20  consumer's  monthly  service  rate,  prorated  for  the  duration of the
    21  outage.  Such credit shall be automatically applied  to  the  consumer's
    22  next bill cycle without requiring any action or request from the consum-
    23  er.  Internet service providers shall notify consumers of the outage and
    24  the  applied  credit  within  twenty-four  hours  of  the restoration of
    25  service.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06718-01-5

        A. 3414                             2
 
     1    3. Internet service providers shall maintain records  of  all  outages
     2  and  corresponding  bill  credits  issued  for a minimum period of three
     3  years.  Such records shall be made  available  to  the  commission  upon
     4  request for the purpose of ensuring compliance with this section.
     5    4. Any internet service provider that fails to issue the required bill
     6  credits  in  accordance with this section shall be subject to penalties,
     7  including but not limited to fines, as determined by the commission.
     8    § 3. This act shall take effect on the ninetieth day  after  it  shall
     9  have become a law.
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