STATE OF NEW YORK ________________________________________________________________________
7759--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 20, 2019 ___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public service law, in relation to requiring STIR/SHAKEN authentication framework
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Subdivision 6 of section 5 of the public service law is 2 amended by adding a new paragraph c to read as follows: 3 c. Notwithstanding paragraph a of this subdivision, the commission may 4 promulgate, issue, amend and rescind such orders, rules and regulations 5 as it may find necessary or appropriate for a provider of cellular tele- 6 phone services to carry out the provisions set forth in section ninety- 7 one-b of this chapter. 8 § 2. The public service law is amended by adding a new section 91-b to 9 read as follows: 10 § 91-b. STIR/SHAKEN authentication framework. 1. As used in this 11 section, the following terms shall have the following meanings: 12 (a) "STIR/SHAKEN authentication framework" means the secure telephone 13 identity revisited and signature-based handling of asserted information 14 using tokens standards proposed by the information and communications 15 technology industry to attach a certificate of authenticity to each 16 phone to verify the source of each call. 17 (b) "Voice service" means any service that is interconnected with the 18 public switched telephone network and that furnishes voice communi- 19 cations to an end user using resources from the North American Numbering 20 Plan or any successor to the North American Numbering Plan adopted by 21 the commission under section 251(e)(1) of the Communications Act of 1934 22 (47 U.S.C. 251(e)(1)); and includes:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11622-03-9
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1 i. transmissions from a telephone facsimile machine, computer, or 2 other device to a telephone facsimile machine; and 3 ii. without limitation, any service that enables real-time, two-way 4 voice communications, including any service that requires internet 5 protocol-compatible customer premises equipment (commonly known as 6 "CPE") and permits out-bound calling, whether or not the service is 7 one-way or two-way voice over internet protocol. 8 2. Not later than eighteen months after the date upon which this act 9 shall have become a law, the commission shall require a provider of 10 voice service to implement the STIR/SHAKEN authentication framework or 11 alternative technology that provides compatible or superior capability 12 to verify and authenticate caller identification in the internet proto- 13 col networks of voice service providers. 14 3. The commission may promulgate, issue, amend and rescind such 15 orders, rules and regulations as it may find necessary or appropriate to 16 carry out the provisions of this section. 17 4. (a) All costs and expenses of the department and commission related 18 to the implementation of this section by wireless communication services 19 companies shall be paid pursuant to appropriation in the first instance 20 from the state treasury, on the certification of the chair of the 21 department and upon the audit and warrant of the comptroller. The state 22 treasury shall be reimbursed therefor by payments to be made from moneys 23 collected pursuant to this article. 24 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 25 sion, by February first of each year, the chair of the department shall 26 estimate the total direct and indirect costs and expenses necessary to 27 operate and administer the powers and duties of the commission and 28 department relating to the implementation of this section by wireless 29 communication services companies for the ensuing state fiscal year. The 30 chair shall, prior to March first, bill and collect from each wireless 31 communication services company an amount computed by multiplying such 32 total estimated operating expenses of the commission by a fraction, the 33 numerator of which is the gross annual receipts of such wireless commu- 34 nication services company during the last preceding calendar year or 35 other twelve month period as determined by the chair, and the denomina- 36 tor of which is the total annual gross receipts of all wireless communi- 37 cation services companies operating in the state during such period. A 38 wireless communication services company may elect to make partial 39 payments equal to one quarter of the total amount billed, by March tenth 40 of the preceding fiscal year to which the billing relates, or on such 41 other dates as the director of the budget may require. On or before 42 September thirtieth of each year, the chair shall compute the actual 43 direct and indirect costs and expenses of the commission relating to the 44 implementation of this section by wireless communication services compa- 45 nies for the preceding state fiscal year and shall compute the amount 46 actually received as reimbursement for the preceding state fiscal year. 47 If such amount collected by the department as reimbursement for the 48 preceding fiscal year is less than the direct and indirect costs and 49 expenses incurred by the commission and the department relating to the 50 implementation of this section by wireless communication services compa- 51 nies during such preceding fiscal year, the chair shall, on or before 52 October fifteenth of each year, bill each wireless communication 53 services company for its proportionate share of the deficit. Any amount 54 owing by any wireless communication services company shall be payable 55 not later than thirty days following the date of such bill. Any amount 56 owed by any wireless communication services company which remains unpaid
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1 by May first of the following year shall be included in the estimate of 2 the total direct and indirect costs and expenses necessary to operate 3 and administer the powers and duties of the commission and the depart- 4 ment related to the implementation of this section by wireless communi- 5 cation services companies for the current state fiscal year. If the 6 amount collected for a fiscal year is more than the direct and indirect 7 costs and expenses related to the implementation of this section by 8 wireless communication services companies incurred by the commission and 9 the department during such fiscal year, the chair shall, on or before 10 October fifteenth of the following year, refund or credit each wireless 11 communication services company for its proportionate share of the 12 surplus. Any amount standing to the credit of any wireless communication 13 services company shall be applied as a credit against any succeeding 14 payment due. In no event shall the amount billed to or collected from 15 any wireless communication services company pursuant to this section 16 exceed two percent of the gross annual receipts of such company during 17 the twelve month period designated by the commission. 18 § 3. This act shall take effect immediately.