NY Gen Bus L § 399-ZZZZZ-2 (2021)
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