§ 90. Application of article. 1. The provisions of this article shall\napply to communication by telegraph or telephone between one point and\nanother within the state of New York and to every telegraph corporation\nand telephone corporation.\n 2. Application of the provisions of this article to telegraphic\ncommunication is suspended unless the commission, no sooner than one\nyear after the effective date of this provision, makes a determination,\nafter notice and hearing, that regulation of a telegraph corporation or\nsome of its services should be reinstituted to the extent found\nnecessary to protect the public interest because of a lack of effective\ncompetition.\n 3.
(1)Except as otherwise provided in this subdivision or section\nninety-two-c of this article, a reseller of tele
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§ 90. Application of article. 1. The provisions of this article shall\napply to communication by telegraph or telephone between one point and\nanother within the state of New York and to every telegraph corporation\nand telephone corporation.\n 2. Application of the provisions of this article to telegraphic\ncommunication is suspended unless the commission, no sooner than one\nyear after the effective date of this provision, makes a determination,\nafter notice and hearing, that regulation of a telegraph corporation or\nsome of its services should be reinstituted to the extent found\nnecessary to protect the public interest because of a lack of effective\ncompetition.\n 3. (1) Except as otherwise provided in this subdivision or section\nninety-two-c of this article, a reseller of telephone service by means\nof a customer owned or leased currency operated telephone (COCOT) shall\nbe exempt from the requirements of this chapter.\n (2) The commission shall have power to establish by rule or regulation\nservice, rate, interconnection and location requirements for COCOTs upon\na determination that such requirements are in the public interest.\n (3) (a) The commission shall have power to assess a penalty not to\nexceed one thousand dollars against any reseller of COCOT services who\nknowingly fails or neglects to comply with any provision of this\nsubdivision or section ninety-two-c of this article or any regulation or\norder of the commission implementing or enforcing the provisions of this\nsubdivision or the provisions of section ninety-two-c of this article\nwhich apply to COCOT service providers. In the case of a continuing\nviolation, each day shall be deemed a separate and distinct offense.\n (b) Whenever the commission shall be of the opinion that any reseller\nof COCOT services is violating or about to violate any provision of this\nsubdivision or any regulation or order of the commission implementing or\nenforcing the provisions of this subdivision, or has failed to pay any\npenalty assessed pursuant to the provisions of this subdivision, the\ncommission shall have power to bring an action or enforcement proceeding\nas provided by section twenty-six of this chapter.\n