N.Y. Public Service Law § 104-a: Notice to customers on fiber optic-based telephone lines

§ 104-a. Notice to customers on fiber optic-based telephone lines. 1.

The commission shall require each telephone corporation that provides

local exchange service to provide a notice containing information to

customers on the differences between copper-based telephone lines and

fiber optic-based telephone lines prior to when such telephone

corporation initiates a change in such customer's telephone service from

copper-based telephone lines to fiber optic-based telephone lines.

Except (i) in cases of an emergency, including but not limited to

restoration or repair of service, or (ii) upon the request of the

customer, such notice shall be provided to the customer at least

forty-five days before such telephone corporation initiates a change in

such customer's telephone service from copper-based telephone lines to

fiber optic-based telephone lines. Such notice shall include, but not be

limited to the following: a description of the differences between

copper-based telephone lines and fiber optic-based telephone lines; the

differences between the effect a power outage would have on the

telephone service provided by copper-based and fiber optic-based

telephone lines, including the availability of battery back-up options;

an explanation of whether the service will continue to be regulated by

the commission; and a phone number and contact information for customers

who seek additional information or wish to make a complaint to the

commission.

2. The commission shall have the power to prescribe the form and

content of the notice established pursuant to this section. The

commission may from time to time prescribe, by order, changes in the

notice thereof. The commission shall also have power to establish rules

and regulations for such notice and may from time to time modify the

same.

3. Every telephone corporation shall file with the commission the

notice established pursuant to this section and obtain approval as to

the form and content thereof prior to providing such notice to

customers. Notwithstanding the foregoing, any such notice shall be

deemed to be approved by the commission ninety days after such

corporation applies to the commission for approval, unless the

commission, or its designee, rejects the notice and requires specific

changes within such ninety day period. Upon a material change to the

form and content of an approved notice, a telephone corporation shall

again file with the commission such notice and obtain approval pursuant

to this section. The commission may establish what shall constitute a

material change to the form and content of the notice that would

necessitate commission approval.