§ 206-E — Telephone call charges; disclosure; violations

§ 206-e. Telephone call charges; disclosure; violations. 1. For the\npurpose of this section:\n (a) The term "aggregator" means any hotel, motel, innkeeper, school or\nhospital which is not a telegraph or telephone corporation, as defined\nin the public service law, which, in the ordinary course of business,\nmakes available for public use telephones or telephone equipment. This\nterm shall also mean any hotel, motel, innkeeper, school or hospital\nwhich imposes any charge or receives any compensation by contract,\ntariff or otherwise for calls made from a telephone provided in a guest\nroom, dormitory, hospital room or other premises under the control of\nsuch entity to an alternate operator service provider. This term shall\nalso mean any university, provided however, that the foregoing shall in\nno way affect the tax-exempt or any other status of any such university\nunder the education, tax or not-for-profit corporation laws or any other\nprovision of law, rule or regulation relating thereto.\n (b) The term "alternate operator service provider" means a\ntelecommunications company, other than a local exchange company, which\nprovides operator assisted service by means of personal or automated\ncall intervention.\n (c) The term "COCOT service provider" means any person or corporation\nwhich resells service by means of a customer owned or leased currency or\ncredit operated telephone.\n 2. Every alternate operator service provider shall arrange to have\nconspicuously displayed on, or in the immediate vicinity of, any\ntelephone or telephone equipment which automatically accesses the\nalternate operator service provider's network and where its services are\nmade available either to the public or transient end users, information\nwhich shall include, but not be limited to:\n (a) The identity of the alternate operator service provider that will\nmake the charge for any calls placed from such telephone or telephone\nequipment;\n (b) A statement that any inter-exchange long distance carrier can be\naccessed by following dialing instructions or access codes provided by\nsuch other carriers;\n (c) A toll free number which the caller can use to obtain information\non the rates, terms or conditions for a call;\n (d) A statement that, upon the request of the caller, the operator\nservicing the call will provide rate information; and\n (e) A toll free number to call for resolution of a billing or service\ncomplaint.\n 3. Every COCOT service provider shall conspicuously display on, or in\nthe immediate vicinity of, its telephones or telephone equipment made\navailable for public use, information which shall include, but not be\nlimited to:\n (a) The identity of the COCOT service provider, and, where applicable,\nthe alternate operator service provider that will make the charge for\nany calls placed from such telephone or telephone equipment;\n (b) A statement that any inter-exchange long distance carrier can be\naccessed by following dialing instructions or access codes provided by\nsuch carriers;\n (c) A toll free number which the caller can use to obtain information\non the rates, terms or conditions for a call;\n (d) A statement that, upon the request of the caller, the operator\nservicing the call will provide rate information;\n (e) A toll free number to call for resolution of a billing or service\ncomplaint; and\n (f) Where applicable, a notice that additional charges are imposed by\nthe COCOT service provider, or the owner of the place where the COCOT is\nlocated, for the use of the telephone or telephone equipment for the\nplacing of a call.\n 4. Every aggregator shall conspicuously display on, or in the\nimmediate vicinity of, any telephone or telephone equipment made\navailable for public use on its premises, information, which shall\ninclude, but not be limited to:\n (a) The identity of the alternate operator service provider, if any,\nthat will make the charge for any calls placed from such telephone or\ntelephone equipment;\n (b) A statement that any inter-exchange long distance carrier can be\naccessed by following dialing instructions or access codes provided by\nsuch other carriers;\n (c) A toll free number which the caller can use to obtain information\non the rates, terms or conditions for a call;\n (d) A statement that, upon the request of the caller, the operator\nservicing the call will provide rate information;\n (e) A toll free number to call for resolution of a billing or service\ncomplaint; and\n (f) Where applicable, a notice that additional charges are imposed by\nor on behalf of the aggregator for the use of the telephone or telephone\nequipment for the placing of a call. Where additional charges are\nimposed for placing local calls, such notice shall include the amount of\nsuch surcharge.\n 5. No alternate operator service provider, COCOT service provider or\naggregator shall restrict access or enter into any contract or agreement\nwhich restricts access to any alternate operator service provider or to\na local exchange company operator or to any emergency telephone number,\nincluding where available, 911 or E911.\n 6. Any person who has been injured by reason of any violation of this\nsection may bring an action to recover actual damages or three hundred\nfifty dollars, whichever is greater, provided, however, that any person\nwho has been injured by reason of any violation of subdivision five of\nthis section may bring an action to recover actual damages or five\nhundred dollars whichever is greater. In either case, the court may, in\nits discretion, increase the award of damages to an amount not to exceed\nthree times the actual damages up to four thousand dollars if the court\nfinds that the defendant willfully or knowingly violated this section.\n 7. If any display or sign, as required by this section, is removed or\ndefaced by vandals, the court shall consider such facts in determining\nany penalty or damages provided for in this section.\n 8. Any action brought pursuant to this section shall be commenced\nwithin three years of the date of the original cause of such action.\n 9. A court may in its discretion award reasonable attorney's fees to a\nprevailing plaintiff in any action brought pursuant to subdivision six\nof this section.\n