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This entry was published on 2014-09-22
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SECTION 92-C
Customer service requirements for alternate operator service providers and COCOT service providers
Public Service (PBS) CHAPTER 48, ARTICLE 5
§ 92-c. Customer service requirements for alternate operator service
providers and COCOT service providers. 1. For the purposes of this
section:

(a) The term "alternate operator service provider" means a
telecommunications company, other than a local exchange company, which
provides operator assisted service by means of personal or automated
call intervention.

(b) The term "COCOT service provider" means any person or corporation
which resells service by means of a customer owned or leased currency or
credit operated telephone.

2. Every alternate operator service provider shall arrange to have
conspicuously displayed on, or in the immediate vicinity of, any
telephone or telephone equipment which automatically accesses the
alternate operator service provider's network and where its services are
made available either to the public or transient end users, information
which the commission shall prescribe which shall include, but not be
limited to:

(a) The identity of the alternate operator service provider that will
make the charge for any calls placed from such telephone or telephone
equipment;

(b) A statement that any inter-exchange long distance carrier can be
accessed by following dialing instructions or access codes provided by
such other carriers;

(c) A toll free number which the caller can use to obtain information
on the rates, terms or conditions for a call;

(d) A statement that, upon the request of the caller, the operator
servicing the call will provide rate information; and

(e) A toll free number to call for resolution of a billing or service
complaint.

3. Every COCOT service provider shall conspicuously display on, or in
the immediate vicinity of, its telephones or telephone equipment made
available for public use, information which the commission shall
prescribe which shall include, but not be limited to:

(a) The identity of the COCOT service provider, and, where applicable,
the alternate operator service provider that will make the charge for
any calls placed from such telephone or telephone equipment;

(b) A statement that any inter-exchange long distance carrier can be
accessed by following dialing instructions or access codes provided by
such carriers;

(c) A toll free number which the caller can use to obtain information
on the rates, terms or conditions for a call;

(d) A statement that, upon the request of the caller, the operator
servicing the call will provide rate information;

(e) A toll free number to call for resolution of a billing or service
complaint; and

(f) Where applicable, a notice that additional charges are imposed by
the COCOT service provider, or the owner of the place where the COCOT is
located, for the use of the telephone or telephone equipment for the
placing of a call.

4. If any display or sign, as required by this section, is removed or
defaced by vandals, the commission shall consider such facts in
determining any penalty provided for in this article.

5. Upon the caller's connection to its service, an alternate operator
service provider shall announce to the caller the identity of the
provider handling the operator assisted call and, upon request of the
caller, quote the rates, terms or conditions for such call.

6. If an alternate operator service provider is technically unable to
complete a call from its point of origin, or transfer a call so that it
is billed from its point of origin, such provider shall provide the
following options to the caller and then obtain the caller's consent:

(a) offer to transfer the call, upon the caller's request, at no
charge to the caller, to another operator service provider, and

(b) offer to terminate the call without charge.

7. No alternate operator service provider or COCOT service provider
shall restrict access or enter into any contract or agreement which
restricts access to any alternate operator service provider or to a
local exchange company operator or to any emergency telephone number,
including, where available, 911 or E911.

8. Nothing in this section shall be construed to limit the authority
of the commission to impose requirements in addition to those
established pursuant to this section for a telephone corporation that is
an alternate service provider or a COCOT service provider.

9. Notwithstanding any provision of law to the contrary, a COCOT
service provider shall be authorized to establish and collect, directly,
or through or on behalf of an alternate operator service provider, in
addition to any other charges which may be applicable, a premises or
location surcharge applicable to each credit card, third party, collect
or operator handled call, which surcharge shall not exceed one dollar
and twenty-five cents on any call originated in this state, provided
that any such surcharge on a call originated in a city with a population
over one million may not exceed one dollar and fifty cents. No such
surcharge may be imposed on any call which is not completed. Effective
January first, nineteen hundred ninety-eight, the commission shall
determine, after notice and hearing, the amount of any increase in such
maximum surcharge necessary to protect the public interest in COCOT
service. The amount of any such surcharge shall be conspicuously
displayed on or in the immediate vicinity of the COCOT in accordance
with paragraph (f) of subdivision three of this section.

10. Notwithstanding any other provision of law, the charge imposed by
a COCOT service provider for local coin calls after the initial period
has elapsed shall be equal in rate and time period to the initial set
rate and time period.

11. Until March thirty-first, two thousand six, a fee of twenty-five
cents per month per access line assigned to a COCOT is hereby imposed
upon each and every COCOT. The local exchange company shall, act as a
collection agent for such fees, and remit the funds collected to the
department no later than the fifteenth of each and every month. The
department shall deposit the funds as soon as received in the COCOT
enforcement fund established pursuant to section ninety-two-w of the
state finance law.