§ 91 — Adequate service; just and reasonable charges; unjust discrimination; unreasonable preference; protection of privacy

New York § 91

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 5: Provisions Relating to Telegraph and Telephone Lines and to Telephone and Telegraph Corporations

Text

§ 91. Adequate service; just and reasonable charges; unjust\ndiscrimination; unreasonable preference; protection of privacy. 1. Every\ntelegraph corporation and every telephone corporation shall furnish and\nprovide with respect to its business such instrumentalities and\nfacilities as shall be adequate and in all respects just and reasonable.\nAll charges made or demanded by any telegraph corporation or telephone\ncorporation for any service rendered or to be rendered in connection\ntherewith shall be just and reasonable and not more than allowed by law\nor by order of the commission. Every unjust or unreasonable charge made\nor demanded for any such service or in connection therewith or in excess\nof that allowed by law or by order of the commission is prohibited and\ndeclared to be unlawful.\n 2. (a) No telegraph corporation or telephone corporation shall\ndirectly or indirectly or by any special rate, rebate, drawback or other\ndevice or method charge, demand, collect or receive from any person or\ncorporation a greater or less compensation for any service rendered or\nto be rendered with respect to communication by telegraph or telephone\nor in connection therewith, except as authorized in this chapter, than\nit charges, demands, collects or receives from any other person or\ncorporation for doing a like and contemporaneous service with respect to\ncommunication by telegraph or telephone under the same or substantially\nthe same circumstances and conditions.\n (b) The local service area within which calls are made on a local\nrather than toll basis in a city with a population of one million or\nmore shall not be changed as a result of the establishment of an\nadditional area code.\n 3. No telegraph corporation or telephone corporation shall make or\ngive any undue or unreasonable preference or advantage to any person,\ncorporation or locality, or subject any particular person, corporation\nor locality to any undue or unreasonable prejudice or disadvantage in\nany respect whatsoever.\n 4. Nothing in this chapter shall be construed to prevent any telegraph\ncorporation or telephone corporation from continuing to furnish the use\nof its lines, equipment or service under any contract or contracts in\nforce at the date this article takes effect or upon the taking effect of\nany schedule or schedules of rates subsequently filed with the\ncommission, as hereinafter provided, at the rate or rates fixed in such\ncontract or contracts; provided, however, that when any such contract or\ncontracts are or become terminable by notice, the commission shall have\npower, in its discretion, to direct by order that such contract or\ncontracts shall be terminated by the telegraph corporation or telephone\ncorporation party thereto, and thereupon such contract or contracts\nshall be terminated by such telegraph corporation or telephone\ncorporation as and when directed by such order.\n 5. No telegraph corporation or telephone corporation shall sell or\noffer for sale any names and/or addresses of any of its customers whose\nlistings have been omitted from the telephone company's published\ndirectory at the request of the customer.\n 6. (a) Every local exchange telephone corporation shall include in any\ndirectory of telephone numbers it or an affiliated company publishes for\ngeneral distribution an alphabetical list of interexchange carriers with\ntheir federal communications commission assigned identification codes\nwhich may be used by the subscribers listed in such directory to access\nany telephone corporation that originates interexchange service in the\nlocal exchange telephone corporation's service area and that agrees to\npublication of its access code in such directory.\n (b) Each interexchange carrier shall be responsible for providing its\nown identification codes, sorted by geographic area serviced by the\nindividual directories published by each local exchange company or its\naffiliate. Further, the identification codes for each directory shall be\ndelivered to the local exchange carrier or its affiliate in compliance\nwith the established directory printing closing dates. Those\ninterexchange carriers wishing to be listed in the directory shall bear\nfull responsibility for the accuracy and completeness of the list of\ntheir identification codes.\n (c) Local exchange telephone corporations and their affiliates shall\nnot be exposed to any greater liability for their failure to include\nsuch carrier identification codes in their directories than is present\nin the provisions of filed and approved tariffs dealing with directory\nlisting errors and omissions.\n 7. Every telephone corporation, as defined in this chapter shall, at\nits option: (a) allow a customer to use a modified or alternative name\nfor a directory listing or (b) waive the otherwise applicable charges\nfor a non-published telephone listing, where the customer requests\nprotection of its identity in connection with the customer's purchase of\ntelephone service and the customer is a victim of domestic violence, as\ndefined in section four hundred fifty-nine-a of the social services law,\nand for whose benefit any order of protection, other than a temporary\norder of protection, has been issued by a court of competent\njurisdiction. This waiver of charges shall be for the duration of the\napplicable, non-temporary, order. Any non-published listings provided in\nthis subdivision shall conform to all the same requirements of other\nnon-published listings. A customer requesting such an accommodation\nshall provide an attestation in writing that they no longer wish to be a\nparty to such contract due to their status as a victim of domestic\nviolence. Such telephone corporation may not require such customer to\ndisclose confidential information or details relating to such customer's\nstatus as a victim of domestic violence, as a condition of implementing\nsuch accommodation. Any customer requesting an accommodation pursuant to\nthis subdivision may also request and shall be provided, at no cost to\nthe customer, a new telephone number within fifteen days from the\nrequest for such accommodation. Such telephone corporation shall dispose\nof information submitted by such customer no later than thirty days\nafter receiving such information in a manner as to maintain\nconfidentiality of such information.\n 8. Every telephone corporation, as defined in this chapter, shall\nallow a person who is under contract including, but not limited to, a\nmulti-year contract or bundle contract with such telephone corporation,\nto opt-out of such contract without fee, penalty or charge when such\nperson is a victim of domestic violence and provides an attestation in\nwriting that they no longer wish to be a party to such contract due to\ntheir status as a victim of domestic violence. Such telephone\ncorporation may not require such person to disclose confidential\ninformation or details relating to such person's status as a victim of\ndomestic violence, as a condition of permitting such person to opt-out\nof such contract. Further, such telephone corporation may not make\nrelease from such contract contingent on: (a) maintaining contractual or\nbilling responsibility of a separated line with the provider; (b)\napproval of separation by the primary account holder, if the primary\naccount holder is not the person making such request; (c) a prohibition\nor limitation on number portability or a request to change phone\nnumbers; or (d) a prohibition or limitation on the separation of lines\nas a result of arrears accrued by the account. Such telephone\ncorporation shall release such person from such contract no later than\nseven days after receiving such opt-out request. Such telephone\ncorporation shall dispose of information submitted by such person no\nlater than thirty days after receiving such information in a manner as\nto maintain confidentiality of such information. A claim for opting-out\nof such contract without charge shall be made in good faith. Such\ntelephone corporation shall waive the otherwise applicable fee, penalty\nor charge for such person requesting to opt-out of such contract.\n 13. Every telephone corporation, as defined in this chapter, shall\nmake information about the options and process described in subdivision\neight of this section readily available to consumers on the website and\nany mobile application of the provider, in physical stores, and in other\nforms of public-facing consumer communication.\n 14. A covered provider and any officer, director, employee, vendor or\nagent thereof shall not be subject to liability for any claims arising\nfrom an action taken or omission made with respect to compliance with\nsubdivisions seven, eight or thirteen of this section.\n