New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VI - TELEPHONE AND TELEGRAPH CORPORATIONS › Subchapter C - Rates And Charges › Part 632 - Liability For Directory Errors › Section 632.1 - Liability for directory errors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  the absence of gross negligence or willful misconduct and except for the
				  allowances stated hereinafter in paragraphs (b)(1)-(3) of this section, no
				  liability for damages arising from errors or mistakes in or omissions of
				  directory listings, or errors or mistakes in or omissions of listings
				  obtainable from the directory assistance operator, including errors in the
				  reporting thereof, shall attach to the company.
(b) An allowance for errors or mistakes in or
				  omissions of published directory listings or for errors or mistakes in or
				  omissions of listings obtainable from the directory assistance operator shall
				  be given as follows:
(1) For free or
				  no-charge-published directory listings, credit shall be given at the rate of
				  two times the monthly tariff rate for an additional or charge listing for each
				  line affected for the life of the directory or the charge period during which
				  the error, mistake or omission occurs.
(2) For additional or charge-published
				  directory listings, credit shall be given at the monthly tariff rate for each
				  such listing for the life of the directory or the charge period during which
				  the error, mistake or omission occurs.
(3) For listings obtainable from records used
				  by the directory assistance operator, upon notification to the company of the
				  error, mistake or omission in such records by the customer, the company shall
				  be allowed a period of three business days for the correction to be effected.
				  If the company has not corrected the error, mistake or omission within three
				  business days after notification by the customer, credit shall be given at the
				  rate of 2/30 of the basic monthly rate for the line or lines in question for
				  each day thereafter that the records remain uncorrected.
(4) Credits for an error, mistake or omission
				  in the free listing, the charge listing and listings obtainable from records
				  used by the directory assistance operator shall be given as specified in
				  paragraphs (1)-(3) of this subdivision; provided, however, that the total
				  amount of the credit shall not exceed, on a monthly basis, the total of the
				  charges for each charge listing plus the basic monthly rate for the line or
				  lines in question.
(5) As used in
				  paragraphs (1)-(4) of this subdivision, the terms error, mistake or omission
				  shall refer to a discrepancy in the directory listing or directory assistance
				  records which the company has failed to correct and where the error affects the
				  ability to locate a particular customer's correct telephone number. The terms
				  shall refer to addresses only to the extent that an error, mistake or omission
				  of an address places the customer on an incorrect street or in an incorrect
				  community.
(6) Such allowances or
				  credits as specified in paragraphs (1)-(3) of this subdivision, shall be given
				  upon notice to the company by the customer that such error, mistake or omission
				  has occurred; provided, however, that when it is administratively feasible for
				  the company to have knowledge of such error, mistake or omission, the company
				  shall give credit without the requirement of notification by the
				  customers.