NY Pub Serv L § 92-C (2021)
2021 New York Laws PBS - Public Service Article 5 - Provisions Relating to Telegraph and Telephone Lines and to Telephone and Telegraph Corporations 92-C - Customer Service Requirements for Alternate Operator Service Providers and Cocot Service Providers.

§ 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.