S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    174
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. GIANARIS, KRUEGER -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Energy and Tele-
   communications
 
 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.
   § 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.
              
             
                          
                                                                            LBD01959-01-3
 S. 174                              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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law.  Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.