2021 New York Laws
GBS - General Business
Article 26 - Miscellaneous
399-ZZZZZ*2 - Prohibition of Certain Broadband Terminations or Disconnections.
* § 399-zzzzz. Prohibition of certain broadband terminations or disconnections. 1. For the purposes of this section, the term "broadband service" shall mean a mass-market retail service that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, and shall include service provided by commercial mobile telephone service providers, but shall not include dial-up service.
2. No person, business, corporation, or their agents providing or seeking to provide broadband service in New York state shall terminate or disconnect services provided over their infrastructure to a residential service customer or a small business customer with twenty-five or fewer employees that is not a (i) publicly held company, or a subsidiary thereof, (ii) seasonal, short-term, or temporary customer, or (iii) customer that the broadband service provider can demonstrate has the resources to pay the bill, provided that the broadband service provider notifies the small business customer of its reasons and of the customer's right to contest this determination through the commission's complaint procedures, for the non-payment of an overdue charge for the duration of the state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty (hereinafter "the COVID-19 state of emergency"). Such persons or entities shall have a duty to restore service, to the extent not already required, at the request of any residential or small business customer within forty-eight hours if such service has been terminated during the pendency of the COVID-19 state of emergency and disconnection of such service was due to non-payment of an overdue charge, provided, however, that such persons or entities shall not be required to restore service to any residential or small business customer if such service had been terminated prior to the effective date of this section.
3. For a period of one hundred eighty days after either the COVID-19 state of emergency is lifted or expires or December thirty-first, two thousand twenty-one, whichever is earlier, no person, business, corporation, or their agents providing or seeking to provide broadband service in New York state shall terminate or disconnect services provided over their infrastructure to a residential or small business customer account because of defaulted deferred payment agreements or arrears then owed to such persons or entities when such customer has experienced a change in financial circumstances, as defined by the department of public service due to the COVID-19 state of emergency. The person, business, corporation, or their agents providing or seeking to provide broadband service in New York state shall provide such residential or small business customer with the right to enter into, or restructure, a deferred payment agreement consistent with the provisions of article two of the public service law without the requirement of a down payment, late fees, or penalties, with such prohibition on down payments, late fees, or penalties applicable to all arrears incurred during the pendency of the COVID-19 state of emergency.
4. Every person, business, corporation, or their agents providing or seeking to provide broadband service in New York state shall provide notice to residential or small business customers in a writing to be included with a bill statement or, when appropriate, via electronic transmission of the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circumstances due to the COVID-19 state of emergency for the purpose of offering such customers a deferred payment agreement consistent with the provisions of article two of the public service law.
5. Implementation of the provisions of this section shall not prohibit a person, business, corporation, or their agents providing or seeking to provide broadband service in New York state from recovering lost or deferred revenues after either the lifting or expiration of the COVID-19 state of emergency or December thirty-first, two thousand twenty-one, whichever is earlier, pursuant to such means for recovery by means not inconsistent with any of the provisions of this section. Nothing in this section shall prohibit a person, business, corporation, or their agents providing or seeking to provide broadband service in New York state from disconnecting service at the request of a customer. Nothing in this section shall prohibit a person, business, corporation, or their agents providing or seeking to provide broadband service in New York state from disconnecting service when it is necessary to protect the health and safety of customers and the public.
6. Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than one thousand dollars per violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
* NB There are 3 § 399-zzzzz's
* NB Repealed July 1, 2022
