Section 349-B-1. Voice over internet protocol 911 disclosure

1. For the
  purpose of this section:
    (a) "Consumer" or "purchaser" means a retail  customer  who  purchases
  voice  over  internet  protocol  services for personal use in a place of
  residence or elsewhere in New York state;
    (b)  "Seller"  or  "reseller"   means   any   retailer,   distributor,
  manufacturer,  or  third-party  who  sells or offers for sale voice over
  internet protocol equipment or service therefor or both  directly  to  a
  consumer  or  purchaser  or  places  in  the  chain of distribution such
  equipment to be ultimately sold to a consumer or purchaser;
    (c) "Voice over internet protocol"  or  "VoIP"  shall  have  the  same
  meaning  as  the  term  "interconnected VoIP service" as set forth in 47
  C.F.R., Section 9.3, or any successor regulation adopted by the  Federal
  Communications Commission, and which defines the term as a service that:
    (i) enables real-time, two-way voice communications,
    (ii) requires a broadband connection to the user's location,
    (iii)   requires   internet   protocol-compatible   customer  premises
  equipment (CPE), and
    (iv) permits users generally to receive calls that  originate  on  the
  public  switched  telephone network (PSTN) and to terminate calls to the
  PSTN. For purposes of  this  section,  three  different  types  of  VoIP
  service offered to consumers are addressed as defined in this paragraph:
  fixed, nomadic and foreign exchange;
    (d)  "E911  system"  or "enhanced 911" has the meaning provided for by
  subdivision three of section three hundred one of the county law;
    (e) "Basic 911" or "911" means a service that connects the caller to a
  public service answering point (PSAP);
    (f) "Public  service  answering  point"  or  "PSAP"  has  the  meaning
  provided  for  in  subdivision  six  of section three hundred one of the
  county law;
    (g) "Fixed VoIP consumer" means a consumer whose VoIP service  permits
  the  placement  of  a  telephone  call from only the location where such
  service is being provided;
    (h) "Nomadic VoIP  consumer"  means  a  consumer  whose  VoIP  service
  provider  and  service  allows  such  consumer  to  make  calls from any
  location where such consumer can obtain access to internet service;
    (i) "Foreign exchange VoIP  consumer"  means  a  consumer  whose  VoIP
  service  provider  and  service  allow  such  consumer  in one telephone
  exchange to receive telephone calls placed as  local  calls  in  another
  exchange that such consumer has selected (e.g. a consumer located in the
  city  of  Amsterdam  or  the  city  of  Utica with a New York city local
  telephone number).
    2. (a) All VoIP sellers and resellers  shall  provide  consumers  with
  notification,  before service commencement and during service provision,
  regarding any  material  limitations  associated  with  their  basic  or
  enhanced  911  service, and whether such service is basic 911 service or
  enhanced 911 service.
    (b) Such notice shall  be  provided  to  consumers  in  the  marketing
  material used for television, radio, and printed media; in the terms and
  conditions  of  service;  in on-line material; through VoIP sellers' and
  resellers'  customer  service  representatives;  in   consumer   service
  contracts; and in VoIP services starter and installation kits.
    (c)  Such  sellers  and resellers shall also secure consumers' express
  acknowledgement that they are aware of any  limitations  upon  basic  or
  enhanced 911 services from the VoIP services offered by such sellers and
  resellers prior to providing consumers with VoIP service.
    (d)  Where  service  limitations exist, or both basic and enhanced 911
  service are unavailable to the  consumer,  VoIP  sellers  and  resellers

  shall  provide  consumer  notification  during service provision, and by
  issuing warning stickers to be affixed to  telephone  sets  through  any
  subsequent advertising, and annually in the customer's billing insert.
    (e)  All  VoIP  sellers  and  resellers  shall  provide  nomadic  VoIP
  consumers with notification, both before service commencement and during
  service  provision,  regarding  the   necessity   (if   applicable)   of
  re-initializing  or  resetting  or reactivating such consumers' basic or
  enhanced 911 services at each new location  from  which  such  consumers
  access VoIP services.
    (f) All VoIP sellers and resellers shall use all reasonable efforts to
  prevent basic or enhanced 911 calls from foreign exchange VoIP consumers
  from being routed to the wrong PSAP.
    3.  Nothing  in  this  section  shall  in  any way limit the rights or
  remedies that are otherwise available to a consumer or  purchaser  under
  any other law.
    4.  Nothing  in  this  section  shall  in  any way limit the rights or
  remedies that are otherwise available to any seller or reseller  against
  any other seller or reseller of VoIP services or equipment or both.
    5. The attorney general may bring a civil action against any seller or
  reseller  who  violates  any  provision  of  this section to enforce the
  violation and may recover any or all of the following:
    (a) up to one hundred  thousand  dollars  for  a  knowing  pattern  or
  practice of such violations;
    (b) costs and reasonable attorney's fees; and
    (c)  whenever the attorney general believes from evidence satisfactory
  to him or her that a knowing violation of this section or a  pattern  or
  practice of violating this section has occurred or is about to occur, an
  order to enjoin such violation.
    6.  Nothing  in  this section is intended to extend, limit or conflict
  with the notice and related  obligations  of  providers  subject  to  47
  C.F.R.  part 9 or any successor regulation or law.