2023 New York Laws › PBS - Public Service › Article 5 - Provisions Relating to Telegraph and Telephone Lines and to Telephone and Telegraph Corporations › 91 - Adequate Service; Just and Reasonable Charges; Unjust Discrimination; Unreasonable Preference; Protection of Privacy.

§ 91. Adequate   service;   just   and   reasonable   charges;  unjust
discrimination; unreasonable preference; protection of privacy. 1. Every
telegraph corporation and every telephone corporation shall furnish  and
provide   with  respect  to  its  business  such  instrumentalities  and
facilities as shall be adequate and in all respects just and reasonable.
All charges made or demanded by any telegraph corporation  or  telephone
corporation  for  any  service  rendered or to be rendered in connection
therewith shall be just and reasonable and not more than allowed by  law
or  by order of the commission. Every unjust or unreasonable charge made
or demanded for any such service or in connection therewith or in excess
of that allowed by law or by order of the commission is  prohibited  and
declared to be unlawful.
2.  (a)  No  telegraph  corporation  or  telephone  corporation  shall
directly or indirectly or by any special rate, rebate, drawback or other
device or method charge, demand, collect or receive from any  person  or
corporation  a  greater or less compensation for any service rendered or
to be rendered with respect to communication by telegraph  or  telephone
or  in  connection therewith, except as authorized in this chapter, than
it charges, demands, collects or  receives  from  any  other  person  or
corporation for doing a like and contemporaneous service with respect to
communication  by telegraph or telephone under the same or substantially
the same circumstances and conditions.
(b) The local service area within which calls  are  made  on  a  local
rather  than  toll  basis  in a city with a population of one million or
more shall not be changed  as  a  result  of  the  establishment  of  an
additional area code.
3.  No  telegraph  corporation  or telephone corporation shall make or
give any undue or unreasonable preference or advantage  to  any  person,
corporation  or  locality, or subject any particular person, corporation
or locality to any undue or unreasonable prejudice  or  disadvantage  in
any respect whatsoever.
4. Nothing in this chapter shall be construed to prevent any telegraph
corporation  or telephone corporation from continuing to furnish the use
of its lines, equipment or service under any contract  or  contracts  in
force at the date this article takes effect or upon the taking effect of
any   schedule  or  schedules  of  rates  subsequently  filed  with  the
commission, as hereinafter provided, at the rate or rates fixed in  such
contract or contracts; provided, however, that when any such contract or
contracts  are or become terminable by notice, the commission shall have
power, in its discretion, to direct  by  order  that  such  contract  or
contracts  shall be terminated by the telegraph corporation or telephone
corporation party thereto, and  thereupon  such  contract  or  contracts
shall   be   terminated  by  such  telegraph  corporation  or  telephone
corporation as and when directed by such order.
5. No telegraph corporation or telephone  corporation  shall  sell  or
offer  for sale any names and/or addresses of any of its customers whose
listings have  been  omitted  from  the  telephone  company's  published
directory at the request of the customer.
6. (a) Every local exchange telephone corporation shall include in any
directory of telephone numbers it or an affiliated company publishes for
general distribution an alphabetical list of interexchange carriers with
their  federal  communications  commission assigned identification codes
which may be used by the subscribers listed in such directory to  access
any  telephone  corporation that originates interexchange service in the
local exchange telephone corporation's service area and that  agrees  to
publication of its access code in such directory.
(b)  Each interexchange carrier shall be responsible for providing its
own identification codes, sorted by  geographic  area  serviced  by  the

individual  directories  published by each local exchange company or its
affiliate. Further, the identification codes for each directory shall be
delivered to the local exchange carrier or its affiliate  in  compliance
with   the   established   directory   printing   closing  dates.  Those
interexchange carriers wishing to be listed in the directory shall  bear
full  responsibility  for  the  accuracy and completeness of the list of
their identification codes.
(c) Local exchange telephone corporations and their  affiliates  shall
not  be  exposed  to  any greater liability for their failure to include
such carrier identification codes in their directories than  is  present
in  the  provisions of filed and approved tariffs dealing with directory
listing errors and omissions.
7. Every telephone corporation, as defined in this chapter  shall,  at
its  option:  (a) allow a customer to use a modified or alternative name
for a directory listing or (b) waive the  otherwise  applicable  charges
for  a  non-published  telephone  listing,  where  the customer requests
protection of its identity in connection with the customer's purchase of
telephone service and the customer is a victim of domestic violence,  as
defined in section four hundred fifty-nine-a of the social services law,
and  for  whose  benefit any order of protection, other than a temporary
order  of  protection,  has  been  issued  by  a  court   of   competent
jurisdiction.  This  waiver  of charges shall be for the duration of the
applicable, non-temporary, order. Any non-published listings provided in
this subdivision shall conform to all the  same  requirements  of  other
non-published  listings.  A  customer  requesting  such an accommodation
shall provide an attestation in writing that they no longer wish to be a
party to such contract due to their  status  as  a  victim  of  domestic
violence.  Such  telephone  corporation may not require such customer to
disclose confidential information or details relating to such customer's
status as a victim of domestic violence, as a condition of  implementing
such accommodation. Any customer requesting an accommodation pursuant to
this  subdivision  may also request and shall be provided, at no cost to
the customer, a new  telephone  number  within  fifteen  days  from  the
request for such accommodation. Such telephone corporation shall dispose
of  information  submitted  by  such  customer no later than thirty days
after  receiving  such  information  in  a   manner   as   to   maintain
confidentiality of such information.
8.  Every  telephone  corporation,  as  defined in this chapter, shall
allow a person who is under contract including, but not  limited  to,  a
multi-year  contract or bundle contract with such telephone corporation,
to opt-out of such contract without fee, penalty  or  charge  when  such
person  is  a victim of domestic violence and provides an attestation in
writing that they no longer wish to be a party to such contract  due  to
their   status   as  a  victim  of  domestic  violence.  Such  telephone
corporation  may  not  require  such  person  to  disclose  confidential
information  or  details relating to such person's status as a victim of
domestic violence, as a condition of permitting such person  to  opt-out
of  such  contract.  Further,  such  telephone  corporation may not make
release from such contract contingent on: (a) maintaining contractual or
billing responsibility of  a  separated  line  with  the  provider;  (b)
approval  of  separation  by  the primary account holder, if the primary
account holder is not the person making such request; (c) a  prohibition
or  limitation  on  number  portability  or  a  request  to change phone
numbers; or (d) a prohibition or limitation on the separation  of  lines
as   a  result  of  arrears  accrued  by  the  account.  Such  telephone
corporation shall release such person from such contract no  later  than
seven   days  after  receiving  such  opt-out  request.  Such  telephone
corporation shall dispose of information submitted  by  such  person  no

later  than  thirty days after receiving such information in a manner as
to maintain confidentiality of such information. A claim for  opting-out
of  such  contract  without  charge  shall  be  made in good faith. Such
telephone  corporation shall waive the otherwise applicable fee, penalty
or charge for such person requesting to opt-out of such contract.
13. Every telephone corporation, as defined  in  this  chapter,  shall
make  information about the options and process described in subdivision
eight of this section readily available to consumers on the website  and
any mobile application of the provider, in physical stores, and in other
forms of public-facing consumer communication.
14.  A covered provider and any officer, director, employee, vendor or
agent thereof shall not be subject to liability for any  claims  arising
from  an  action  taken or omission made with respect to compliance with
subdivisions seven, eight or thirteen of this section.