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This entry was published on 2014-09-22
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SECTION 90
Application of article
Public Service (PBS) CHAPTER 48, ARTICLE 5
§ 90. Application of article. 1. The provisions of this article shall
apply to communication by telegraph or telephone between one point and
another within the state of New York and to every telegraph corporation
and telephone corporation.

2. Application of the provisions of this article to telegraphic
communication is suspended unless the commission, no sooner than one
year after the effective date of this provision, makes a determination,
after notice and hearing, that regulation of a telegraph corporation or
some of its services should be reinstituted to the extent found
necessary to protect the public interest because of a lack of effective
competition.

3. (1) Except as otherwise provided in this subdivision or section
ninety-two-c of this article, a reseller of telephone service by means
of a customer owned or leased currency operated telephone (COCOT) shall
be exempt from the requirements of this chapter.

(2) The commission shall have power to establish by rule or regulation
service, rate, interconnection and location requirements for COCOTs upon
a determination that such requirements are in the public interest.

(3) (a) The commission shall have power to assess a penalty not to
exceed one thousand dollars against any reseller of COCOT services who
knowingly fails or neglects to comply with any provision of this
subdivision or section ninety-two-c of this article or any regulation or
order of the commission implementing or enforcing the provisions of this
subdivision or the provisions of section ninety-two-c of this article
which apply to COCOT service providers. In the case of a continuing
violation, each day shall be deemed a separate and distinct offense.

(b) Whenever the commission shall be of the opinion that any reseller
of COCOT services is violating or about to violate any provision of this
subdivision or any regulation or order of the commission implementing or
enforcing the provisions of this subdivision, or has failed to pay any
penalty assessed pursuant to the provisions of this subdivision, the
commission shall have power to bring an action or enforcement proceeding
as provided by section twenty-six of this chapter.