§ 92-C — Customer service requirements for alternate operator service providers and COCOT service providers

§ 92-c. Customer service requirements for alternate operator service\nproviders and COCOT service providers. 1. For the purposes of this\nsection:\n (a) 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 (b) 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 the commission shall prescribe which shall include, but not be\nlimited 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 the commission shall\nprescribe which shall include, but not be limited 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. If any display or sign, as required by this section, is removed or\ndefaced by vandals, the commission shall consider such facts in\ndetermining any penalty provided for in this article.\n 5. Upon the caller's connection to its service, an alternate operator\nservice provider shall announce to the caller the identity of the\nprovider handling the operator assisted call and, upon request of the\ncaller, quote the rates, terms or conditions for such call.\n 6. If an alternate operator service provider is technically unable to\ncomplete a call from its point of origin, or transfer a call so that it\nis billed from its point of origin, such provider shall provide the\nfollowing options to the caller and then obtain the caller's consent:\n (a) offer to transfer the call, upon the caller's request, at no\ncharge to the caller, to another operator service provider, and\n (b) offer to terminate the call without charge.\n 7. No alternate operator service provider or COCOT service provider\nshall restrict access or enter into any contract or agreement which\nrestricts access to any alternate operator service provider or to a\nlocal exchange company operator or to any emergency telephone number,\nincluding, where available, 911 or E911.\n 8. Nothing in this section shall be construed to limit the authority\nof the commission to impose requirements in addition to those\nestablished pursuant to this section for a telephone corporation that is\nan alternate service provider or a COCOT service provider.\n 9. Notwithstanding any provision of law to the contrary, a COCOT\nservice provider shall be authorized to establish and collect, directly,\nor through or on behalf of an alternate operator service provider, in\naddition to any other charges which may be applicable, a premises or\nlocation surcharge applicable to each credit card, third party, collect\nor operator handled call, which surcharge shall not exceed one dollar\nand twenty-five cents on any call originated in this state, provided\nthat any such surcharge on a call originated in a city with a population\nover one million may not exceed one dollar and fifty cents. No such\nsurcharge may be imposed on any call which is not completed. Effective\nJanuary first, nineteen hundred ninety-eight, the commission shall\ndetermine, after notice and hearing, the amount of any increase in such\nmaximum surcharge necessary to protect the public interest in COCOT\nservice. The amount of any such surcharge shall be conspicuously\ndisplayed on or in the immediate vicinity of the COCOT in accordance\nwith paragraph (f) of subdivision three of this section.\n 10. Notwithstanding any other provision of law, the charge imposed by\na COCOT service provider for local coin calls after the initial period\nhas elapsed shall be equal in rate and time period to the initial set\nrate and time period.\n 11. Until March thirty-first, two thousand six, a fee of twenty-five\ncents per month per access line assigned to a COCOT is hereby imposed\nupon each and every COCOT. The local exchange company shall, act as a\ncollection agent for such fees, and remit the funds collected to the\ndepartment no later than the fifteenth of each and every month. The\ndepartment shall deposit the funds as soon as received in the COCOT\nenforcement fund established pursuant to section ninety-two-w of the\nstate finance law.\n