Add §§224-d, 224-e & 92-j, amd Art 11 Art Head, §212, Pub Serv L
Relates to requiring telephone corporations, cable television companies, and internet service providers to automatically refund its customers when their service is not working; provides such credit shall be given even when the service is not working for less than a twenty-four hour period.
STATE OF NEW YORK
________________________________________________________________________
3165
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. ROSENTHAL -- 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
television companies, internet service providers and telephone corpo-
rations to automatically refund customers when their systems are out
of service or experiencing an outage, when a customer's equipment is
not operating correctly, or when a portion of their services are not
provided
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
2 224-d to read as follows:
3 § 224-d. Cable refunds. 1. Every cable television company that
4 provides cable service to customers in New York shall automatically
5 credit its customers billing statement whenever:
6 (a) a cable television system is out of service or is experiencing an
7 outage or when the customer's cable box is not operating correctly, for
8 a period of four hours or longer;
9 (b) notwithstanding subdivision six of section two hundred twenty-
10 four-a of this article, a cable television system does not carry a
11 network on a service tier, for a period of four hours or longer; or
12 (c) a subscriber terminates the cable television services.
13 2. (a) Where required under paragraphs (a) and (c) of subdivision one
14 of this section, a credit shall be issued for one thirtieth of the
15 monthly rates for each day the subscriber is not able to access the
16 cable television network for a period of four hours or longer.
17 (b) Where required under paragraph (b) of subdivision one of this
18 section, a credit shall be issued which is pro-rated as determined by
19 the commissioner based on factors including, but not limited to, the
20 duration which the cable television system did not carry the network on
21 the service tier and the cost of the network to the cable television
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05672-01-5
A. 3165 2
1 company compared to the cost of all networks distributed on such service
2 tier.
3 3. Where a subscriber terminates service with a cable television
4 company, any credit issued under this section which exceeds the amount
5 due on a billing statement shall be issued to the subscriber in the form
6 of a check in the subscriber's name in the amount such credit exceeds
7 such amount due.
8 § 2. The article heading of article 11 of the public service law, as
9 added by chapter 83 of the laws of 1995, is amended to read as follows:
10 PROVISIONS RELATING TO CABLE TELEVISION
11 AND INTERNET COMPANIES
12 § 3. Section 212 of the public service law is amended by adding a new
13 subdivision 15 to read as follows:
14 15. "Internet service provider" shall mean any person, business or
15 organization qualified to do business in this state that provides indi-
16 viduals, corporations, or other entities with the ability to connect to
17 the internet.
18 § 4. The public service law is amended by adding a new section 224-e
19 to read as follows:
20 § 224-e. Internet refunds. 1. Every internet service provider that
21 provides internet service to customers in New York shall automatically
22 credit its customers billing statement whenever the internet service is
23 out of service or is experiencing an outage, for a period of four hours
24 or longer.
25 2. Where required under subdivision one of this section, a credit
26 shall be issued for one thirtieth of the monthly rates for each day the
27 subscriber is not able to access the internet for a period of four hours
28 or longer.
29 3. Where a subscriber terminates service with an internet service
30 provider, any credit issued under this section which exceeds the amount
31 due on a billing statement shall be issued to the subscriber in the form
32 of a check in the subscriber's name in the amount such credit exceeds
33 such amount due.
34 § 5. The public service law is amended by adding a new section 92-j to
35 read as follows:
36 § 92-j. Telephone refunds. Every telephone corporation, as defined in
37 subdivision seventeen of section two of this chapter, that provides
38 telephone service to customers in New York shall automatically credit
39 its customers billing statement whenever the telephone service is out of
40 service or is experiencing an outage, for a period of thirty minutes or
41 longer.
42 2. Where required under subdivision one of this section, a credit
43 shall be issued for one thirtieth of the monthly rates for each day the
44 subscriber is not able to access telephone services for a period of
45 thirty minutes or longer.
46 3. Where a subscriber terminates service with a telephone corporation,
47 any credit issued under this section which exceeds the amount due on a
48 billing statement shall be issued to the subscriber in the form of a
49 check in the subscriber's name in the amount such credit exceeds such
50 amount due.
51 § 6. This act shall take effect immediately.
