S T A T E O F N E W Y O R K
________________________________________________________________________
5226
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
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Introduced by M. of A. GIANARIS, DINOWITZ, DIAZ, COLTON, ESPAILLAT,
POWELL -- Multi-Sponsored by -- M. of A. CLARK, GLICK, GOTTFRIED,
JACOBS, MILLMAN, WRIGHT -- read once and referred to the Committee on
Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to charges for tele-
phone service on a by the second basis
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 91 of the public service law, as
added by chapter 673 of the laws of 1910, is amended to read as follows:
1. Every telegraph corporation and every telephone corporation shall
furnish and provide with respect to its business such instrumentalities
and facilities as shall be adequate and in all respects just and reason-
able. All charges made or demanded by any telegraph corporation or tele-
phone corporation for any service rendered or to be rendered in
connection therewith shall be just and reasonable and not more than
allowed by law or by order of the commission. EVERY CHARGE FOR TELECOM-
MUNICATIONS SERVICE, WHETHER BY MEANS OF A TELEPHONE LINE OR BY MEANS OF
CELLULAR RADIO COMMUNICATION, MADE ON THE BASIS OF THE DURATION OF THE
COMMUNICATION SHALL BE CHARGED AND PRORATED BY THE SECOND. Every unjust
or unreasonable charge made or demanded for any such service or in
connection therewith or in excess of that allowed by law or by order of
the commission is prohibited and declared to be unlawful.
S 2. The section heading of section 92-c of the public service law, as
added by chapter 697 of the laws of 1990, is amended, subdivision 1 is
amended by adding a new paragraph (c) and a new subdivision 12 is added
to read as follows:
Customer service requirements for AGGREGATORS, alternate operator
service providers and COCOT service providers.
(C) THE TERM "AGGREGATOR" MEANS ANY HOTEL, MOTEL, INNKEEPER, SCHOOL OR
HOSPITAL WHICH IS NOT A TELEGRAPH CORPORATION OR TELEPHONE CORPORATION,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05750-01-9
A. 5226 2
WHICH, IN THE ORDINARY COURSE OF BUSINESS, MAKES AVAILABLE FOR PUBLIC
USE TELEPHONES OR TELEPHONE EQUIPMENT. SUCH TERM SHALL ALSO INCLUDE ANY
HOTEL, MOTEL, INNKEEPER, SCHOOL OR HOSPITAL WHICH IMPOSES ANY CHARGE OR
RECEIVES ANY COMPENSATION BY CONTRACT, TARIFF OR OTHERWISE FOR CALLS
MADE FROM A TELEPHONE PROVIDED IN A GUEST ROOM, DORMITORY, HOSPITAL ROOM
OR OTHER PREMISES UNDER THE CONTROL OF SUCH ENTITY TO AN ALTERNATE OPER-
ATOR SERVICE PROVIDER. THE TERM AGGREGATOR ALSO INCLUDES ANY UNIVERSI-
TY, PROVIDED, THAT INCLUSION IN SUCH DEFINITION SHALL IN NO WAY AFFECT
THE TAX-EXEMPT OR ANY OTHER STATUS OF ANY SUCH UNIVERSITY UNDER THE
EDUCATION LAW, TAX LAW OR NOT-FOR-PROFIT CORPORATION LAW, OR ANY OTHER
PROVISION OF LAW, RULE OR REGULATION RELATING THERETO.
12. EVERY CHARGE FOR TELECOMMUNICATIONS SERVICE BY AN ALTERNATE OPERA-
TOR SERVICE PROVIDER, COCOT SERVICE PROVIDER OR AGGREGATOR, WHETHER BY
MEANS OF A TELEPHONE LINE OR BY MEANS OF CELLULAR RADIO COMMUNICATION,
MADE ON THE BASIS OF THE DURATION OF THE COMMUNICATION SHALL BE CHARGED
AND PRORATED BY THE SECOND.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the public service commission
is authorized to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective date
on or before such date.