Prohibits charge for uncompleted cellular telephone calls; prohibits charge until after a telephone number and where applicable a PIN has been entered where charges for cellular service is based on duration of call and as a condition of sale of cellular telephone at retail; prohibits requiring the purchase of a service contract; requires charges for telephone calls based on duration, whether over lines or by cellular, to be charged and prorated by the second; applies to all service providers.
STATE OF NEW YORK
________________________________________________________________________
507
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. KAVANAGH, HOYT, FIELDS, BENEDETTO, GREENE,
JACOBS, JAFFEE, N. RIVERA, P. RIVERA, ESPAILLAT -- Multi-Sponsored by
-- M. of A. ALFANO, BOYLAND, DelMONTE, ENGLEBRIGHT, FARRELL, GALEF,
GOTTFRIED, GUNTHER, McENENY, WEISENBERG -- read once and referred to
the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to certain prohibi-
tions regarding cellular telephone service and charges for telephone
service on a by the second basis
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-g to read as follows:
3 § 92-g. Cellular telephone service; prohibitions. 1. As used in this
4 section:
5 a. "cellular telephone service supplier" means a business entity which
6 provides retail cellular telephone service within New York state.
7 b. "cellular telephone" means a cellular mobile radio telephone or
8 other radio telephone not requiring an access line for service.
9 2. No cellular telephone service supplier shall impose any charge for
10 the placement of a cellular telephone call that results in a busy
11 signal, no answer or is otherwise not completed.
12 3. a. Where charges for cellular service are imposed based on the
13 duration of the call, no charge shall be imposed until after a telephone
14 number and, where applicable, a personal identification number have been
15 entered.
16 b. No charge shall be made for time between dialing and connection to
17 the party being called.
18 4. No person who sells cellular telephones at retail shall require, as
19 a condition of the sale, the purchase of a contract for cellular tele-
20 phone service.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00425-01-9
A. 507 2
1 § 2. Subdivision 1 of section 91 of the public service law, as added
2 by chapter 673 of the laws of 1910, is amended to read as follows:
3 1. Every telegraph corporation and every cellular telephone [corpo-
4 ration] provider shall furnish and provide with respect to its business
5 such instrumentalities and facilities as shall be adequate and in all
6 respects just and reasonable. All charges made or demanded by any tele-
7 graph corporation or cellular telephone [corporation] provider for any
8 service rendered or to be rendered in connection therewith shall be just
9 and reasonable and not more than allowed by law or by order of the
10 commission. All charges for telecommunications service, whether by means
11 of a line or by means of cellular telephone communication, made on the
12 basis of the duration of the communication shall be charged and prorated
13 by the second. Every unjust or unreasonable charge made or demanded for
14 any such service or in connection therewith or in excess of that allowed
15 by law or by order of the commission is prohibited and declared to be
16 unlawful.
17 § 3. This act shall take effect on the ninetieth day after it shall
18 have become a law; provided that section two of this act shall take
19 effect on the one hundred eightieth day after it shall have become a
20 law; provided further that the public service commission is authorized
21 to promulgate any and all rules and regulations and take any other meas-
22 ures necessary to implement section two of this act on its effective
23 date on or before such date.
