S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5226

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M.  of  A.  GIANARIS, DINOWITZ, DIAZ, COLTON, ESPAILLAT,
  POWELL -- Multi-Sponsored by -- M.  of  A.  CLARK,  GLICK,  GOTTFRIED,
  JACOBS,  MILLMAN, WRIGHT -- read once and referred to the Committee on
  Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to charges for tele-
  phone service on a by the second basis

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 91 of the public service law, as
added by chapter 673 of the laws of 1910, is amended to read as follows:
  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 reason-
able. All charges made or demanded by any telegraph corporation or tele-
phone 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 CHARGE FOR  TELECOM-
MUNICATIONS SERVICE, WHETHER BY MEANS OF A TELEPHONE LINE OR BY MEANS OF
CELLULAR  RADIO  COMMUNICATION, MADE ON THE BASIS OF THE DURATION OF THE
COMMUNICATION SHALL BE CHARGED AND PRORATED BY THE SECOND. 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.
  S 2. The section heading of section 92-c of the public service law, as
added  by  chapter 697 of the laws of 1990, is amended, subdivision 1 is
amended by adding a new paragraph (c) and a new subdivision 12 is  added
to read as follows:
  Customer  service  requirements  for  AGGREGATORS,  alternate operator
service providers and COCOT service providers.
  (C) THE TERM "AGGREGATOR" MEANS ANY HOTEL, MOTEL, INNKEEPER, SCHOOL OR
HOSPITAL WHICH IS NOT A TELEGRAPH CORPORATION OR TELEPHONE  CORPORATION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05750-01-9
              

A. 5226                             2

WHICH,  IN  THE  ORDINARY COURSE OF BUSINESS, MAKES AVAILABLE FOR PUBLIC
USE TELEPHONES OR TELEPHONE EQUIPMENT. SUCH TERM SHALL ALSO INCLUDE  ANY
HOTEL,  MOTEL, INNKEEPER, SCHOOL OR HOSPITAL WHICH IMPOSES ANY CHARGE OR
RECEIVES  ANY  COMPENSATION  BY  CONTRACT, TARIFF OR OTHERWISE FOR CALLS
MADE FROM A TELEPHONE PROVIDED IN A GUEST ROOM, DORMITORY, HOSPITAL ROOM
OR OTHER PREMISES UNDER THE CONTROL OF SUCH ENTITY TO AN ALTERNATE OPER-
ATOR SERVICE PROVIDER.  THE TERM AGGREGATOR ALSO INCLUDES ANY  UNIVERSI-
TY,  PROVIDED,  THAT INCLUSION IN SUCH DEFINITION SHALL IN NO WAY AFFECT
THE TAX-EXEMPT OR ANY OTHER STATUS OF  ANY  SUCH  UNIVERSITY  UNDER  THE
EDUCATION  LAW,  TAX LAW OR NOT-FOR-PROFIT CORPORATION LAW, OR ANY OTHER
PROVISION OF LAW, RULE OR REGULATION RELATING THERETO.
  12. EVERY CHARGE FOR TELECOMMUNICATIONS SERVICE BY AN ALTERNATE OPERA-
TOR SERVICE PROVIDER, COCOT SERVICE PROVIDER OR AGGREGATOR,  WHETHER  BY
MEANS  OF  A TELEPHONE LINE OR BY MEANS OF CELLULAR RADIO COMMUNICATION,
MADE ON THE BASIS OF THE DURATION OF THE COMMUNICATION SHALL BE  CHARGED
AND PRORATED BY THE SECOND.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided that the public service commission
is authorized to promulgate any and all rules and regulations  and  take
any other measures necessary to implement this act on its effective date
on or before such date.