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This entry was published on 2014-09-22
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SECTION 396-SS
Access number notification
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 396-ss. Access number notification. 1. Definitions. For the purpose
of this section, the following words shall have the following meanings:

a. "Dial-up Internet service" means a service that, by employing
telephone lines, offers the transmission, routing, or providing of
connections for online communications, between or among points specified
by a user, of material of the user's choosing, without modification to
the content of the material as sent or received.

b. "Dial-up Internet service provider" means an entity that provides
dial-up Internet service.

c. "Dial-up Internet service subscriber" means a person or entity who,
by current or continuing contract or other continuing arrangement with a
dial-up Internet service provider, receives or uses a dial-up Internet
service provided by such dial-up Internet service provider.

2. Every dial-up Internet service provider that provides such service
through one or more telephone numbers in telephone area codes located in
New York state shall prominently post in bold capital letters, on every
screen page on which Internet access service telephone numbers are set
forth, whether contained on an Internet web site or elsewhere, the
following notice:

WARNING: THE USE OF SOME OF THE FOLLOWING TELEPHONE NUMBERS MAY RESULT
IN LONG DISTANCE CHARGES. IN SELECTING YOUR ACCESS NUMBER(S), PLEASE
NOTE THAT ALTHOUGH AN ACCESS NUMBER MAY BE IN YOUR AREA CODE OR LOCATED
IN YOUR GENERAL GEOGRAPHIC REGION, IT MAY NOT NECESSARILY BE A LOCAL
NUMBER FOR YOU. YOU MAY INCUR SUBSTANTIAL TELEPHONE CHARGES IF YOU
CHOOSE ACCESS NUMBERS THAT ARE NOT COVERED BY YOUR LOCAL CALLING PLAN.

WE URGE YOU TO CHECK WITH YOUR TELEPHONE COMPANY TO FIND OUT WHICH
NUMBERS ARE LOCAL FOR YOU BEFORE USING A NUMBER FROM THIS LIST.

3. Notwithstanding the provisions of subdivision two of this section,
a dial-up Internet service provider who provides such service through
one or more telephone numbers in telephone area codes located in New
York state who has sold or otherwise provided software to a dial-up
Internet service subscriber prior to October twenty-fourth, two thousand
five, when such software cannot be updated by such Internet service
provider without action on the part of such dial-up Internet service
subscriber to include the notice required under subdivision two of this
section, and the contents of the screen page on which Internet access
service telephone numbers are displayed is not contained on an Internet
web site, may comply with the provisions of this section, for the
purposes of such software and for such dial-up Internet service
subscribers, by sending such dial-up Internet service subscribers known
or reasonably believed to be using such software the notice set forth in
subdivision two of this section, in either written or electronic form.

4. Every failure to comply with this section is a violation of article
twenty-two-A of this chapter.