STATE OF NEW YORK ________________________________________________________________________
7759
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
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: 23 i. transmissions from a telephone facsimile machine, computer, or 24 other device to a telephone facsimile machine; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11622-02-9
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1 ii. without limitation, any service that enables real-time, two-way 2 voice communications, including any service that requires internet 3 protocol-compatible customer premises equipment (commonly known as 4 "CPE") and permits out-bound calling, whether or not the service is 5 one-way or two-way voice over internet protocol. 6 2. Not later than eighteen months after the date upon which this act 7 shall have become a law, the commission shall require a provider of 8 voice service to implement the STIR/SHAKEN authentication framework in 9 the internet protocol networks of voice service providers. 10 3. The commission may promulgate, issue, amend and rescind such 11 orders, rules and regulations as it may find necessary or appropriate to 12 carry out the provisions of this section. 13 4. (a) All costs and expenses of the department and commission related 14 to the implementation of this section by wireless communication services 15 companies shall be paid pursuant to appropriation in the first instance 16 from the state treasury, on the certification of the chair of the 17 department and upon the audit and warrant of the comptroller. The state 18 treasury shall be reimbursed therefor by payments to be made from moneys 19 collected pursuant to this article. 20 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 21 sion, by February first of each year, the chair of the department shall 22 estimate the total direct and indirect costs and expenses necessary to 23 operate and administer the powers and duties of the commission and 24 department relating to the implementation of this section by wireless 25 communication services companies for the ensuing state fiscal year. The 26 chair shall, prior to March first, bill and collect from each wireless 27 communication services company an amount computed by multiplying such 28 total estimated operating expenses of the commission by a fraction, the 29 numerator of which is the gross annual receipts of such wireless commu- 30 nication services company during the last preceding calendar year or 31 other twelve month period as determined by the chair, and the denomina- 32 tor of which is the total annual gross receipts of all wireless communi- 33 cation services companies operating in the state during such period. A 34 wireless communication services company may elect to make partial 35 payments equal to one quarter of the total amount billed, by March tenth 36 of the preceding fiscal year to which the billing relates, or on such 37 other dates as the director of the budget may require. On or before 38 September thirtieth of each year, the chair shall compute the actual 39 direct and indirect costs and expenses of the commission relating to the 40 implementation of this section by wireless communication services compa- 41 nies for the preceding state fiscal year and shall compute the amount 42 actually received as reimbursement for the preceding state fiscal year. 43 If such amount collected by the department as reimbursement for the 44 preceding fiscal year is less than the direct and indirect costs and 45 expenses incurred by the commission and the department relating to the 46 implementation of this section by wireless communication services compa- 47 nies during such preceding fiscal year, the chair shall, on or before 48 October fifteenth of each year, bill each wireless communication 49 services company for its proportionate share of the deficit. Any amount 50 owing by any wireless communication services company shall be payable 51 not later than thirty days following the date of such bill. Any amount 52 owed by any wireless communication services company which remains unpaid 53 by May first of the following year shall be included in the estimate of 54 the total direct and indirect costs and expenses necessary to operate 55 and administer the powers and duties of the commission and the depart- 56 ment related to the implementation of this section by wireless communi-
A. 7759 3
1 cation services companies for the current state fiscal year. If the 2 amount collected for a fiscal year is more than the direct and indirect 3 costs and expenses related to the implementation of this section by 4 wireless communication services companies incurred by the commission and 5 the department during such fiscal year, the chair shall, on or before 6 October fifteenth of the following year, refund or credit each wireless 7 communication services company for its proportionate share of the 8 surplus. Any amount standing to the credit of any wireless communication 9 services company shall be applied as a credit against any succeeding 10 payment due. In no event shall the amount billed to or collected from 11 any wireless communication services company pursuant to this section 12 exceed two percent of the gross annual receipts of such company during 13 the twelve month period designated by the commission. 14 § 3. This act shall take effect immediately.