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S2671Senate2017-2018 SessionSame asA2911

Charge Calls By Second

Official title

“Requires charges for telephone calls based on duration, whether over lines or by cellular, to be charged and prorated by the second basis”

Sponsor Michael GianarisSD-12+1 co-sponsorAffects Environment & Energy
Status
In Senate Committee
Energy And Telecommunications
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Energy And Telecommunications

What's happening

This bill requires all telecommunications services in New York to bill calls by the second, including calls made via aggregators like hotels or hospitals.

Why it matters

  1. Mandates fairer billing for all calls. By requiring telecommunications charges to be calculated and prorated by the second, rather than by the minute or other increments, the bill ensures consumers pay only for the exact duration of their calls, potentially lowering costs for individuals who make many short calls.

  2. Extends protections to calls made through intermediaries. The new rules explicitly include aggregators—like hotels, hospitals, schools, and universities—so consumers using phones in these locations are protected from being overcharged by third-party service providers.

  3. Closes loopholes in call billing. By applying the per-second billing standard to alternate operator service providers, COCOT (Coin-Operated Customer-Owned Telephone) providers, and aggregators, the bill prevents these entities from imposing excessive charges, which have historically been higher than direct carrier rates.

  4. Empowers the Public Service Commission. The bill gives the Commission authority to create and enforce regulations, ensuring oversight and adaptability as telecommunications technology or business practices evolve.

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Who cares

Headline styles

Charge Calls By Second

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael Gianaris

Senator · Senate District 12

1 Co-sponsor

History

  1. Referred to energy and telecommunications
  2. Referred to energy and telecommunications

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2911Assembly

Charge Phone Calls by Second

In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Aravella Simotas

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2671

2017-2018 Regular Sessions

IN SENATE

January 17, 2017

Introduced by Sens. GIANARIS, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications

AN ACT to amend the public service law, in relation to charges for telephone service on a by the second basis

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 91 of the public service law, as added by chapter 673 of the laws of 1910, is amended to read as follows:

1. Every telegraph corporation and every telephone corporation shall furnish and provide with respect to its business such instrumentalities and facilities as shall be adequate and in all respects just and reasonable. All charges made or demanded by any telegraph corporation or telephone corporation for any service rendered or to be rendered in connection therewith shall be just and reasonable and not more than allowed by law or by order of the commission. Every charge for telecommunications service, whether by means of a telephone line or by means of cellular radio communication, made on the basis of the duration of the communication shall be charged and prorated by the second. Every unjust or unreasonable charge made or demanded for any such service or in connection therewith or in excess of that allowed by law or by order of the commission is prohibited and declared to be unlawful.

§ 2. The section heading of section 92-c of the public service law, as added by chapter 697 of the laws of 1990, is amended, subdivision 1 is amended by adding a new paragraph (c) and a new subdivision 12 is added to read as follows:

Customer service requirements for aggregators, alternate operator service providers and COCOT service providers.

(c) The term "aggregator" means any hotel, motel, innkeeper, school or hospital which is not a telegraph corporation or telephone corporation, which, in the ordinary course of business, makes available for public

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04201-01-7

S. 2671 2

use telephones or telephone equipment. Such term shall also include any hotel, motel, innkeeper, school or hospital which imposes any charge or receives any compensation by contract, tariff or otherwise for calls made from a telephone provided in a guest room, dormitory, hospital room or other premises under the control of such entity to an alternate operator service provider. The term aggregator also includes any university, provided, that inclusion in such definition shall in no way affect the tax-exempt or any other status of any such university under the education law, tax law or not-for-profit corporation law, or any other provision of law, rule or regulation relating thereto.

12. Every charge for telecommunications service by an alternate operator service provider, COCOT service provider or aggregator, whether by means of a telephone line or by means of cellular radio communication, made on the basis of the duration of the communication shall be charged and prorated by the second.

§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the public service commission is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public service law, in relation to charges for telephone service on a by the second basis

Summary of specific provisions

Section 1 amends subdivision 1 of section 91 of the public service law requiring all telephone service providers to charge customers prorated by the second.

Section 2 amends subdivision 1 of section 92-c of the Public Service Law by adding a new paragraph(c) and a new subdivision 12 including "aggregators", a hotel motel, innkeeper, school or hospital that provides public telephones, as falling under the same guidelines for phone charges as other alternate operator service providers, and COCOT service providers. Additionally it requires that all of those providers under this section charge for phone service by the second.

Justification

In this day of computer automated phone systems, there is no identifiable reason why phone companies cannot charge their customers by the second instead of by the minute.

Many smaller long-distance companies already provide this service. However, the biggest long-distance companies do not. A phone call for one minute and ten seconds should be charged as that, and not as two minutes. Phone companies reap huge profits from this billing system and are reluctant to change the way they do business. The consequence of this is that New York phone customers are overcharged every time they make a long-distance call.

This legislation will force these companies to charge by the second, rather than by the minute, here in New York State.

Prior legislative history

2016: Died in Energy and Telecommunications 2015: Died in Energy and Telecommunications 2014: Senate Bill 577 (Gianaris) - Died in Senate Energy & Telecommuni- cations Committee 2012: Senate Bill 2511 (Gianaris) - Died in Senate Energy & Telecommu- nications Committee 2012: Assembly Bill 4753 (Simotas) - Died in Assembly Corporations, Authorities and Commissions Committee 2010: Assembly Bill 5226 (Gianaris) - Died in Assembly Corporations, Authorities and Commissions Committee 2008: Assembly Bill 4257 (Gianaris) - Died in Assembly Corporations, Authorities and Commissions Committee 2006: Assembly Bill 9503 (Gianaris) - Died in Assembly Codes Committee 2005: Assembly Bill 9503 (Stringer) Died in Assembly Corporations, Authorities and Commissions Committee 2004: Assembly Bill 4564 (Stringer) Died in Assembly Corporations, Authorities and Commissions Committee 2002: Assembly Bill 1668 (Stringer) Died in Assembly Corporations, Authorities and Commissions Committee 2000: Assembly Bill 1561 (Stringer) Died in Assembly Corporations, Authorities and Commissions Committee 1998: Assembly Bill 8947 (Stringer) Died in Assembly Corporations, Authorities and Commissions Committee

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the public service commission is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.