S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2911
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of A. SIMOTAS, GOTTFRIED, COLTON, AUBRY -- read once
   and referred to the Committee on Corporations, Authorities and Commis-
   sions
 
 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.
   § 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,
 WHICH,  IN  THE  ORDINARY COURSE OF BUSINESS, MAKES AVAILABLE FOR PUBLIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04201-01-7

 A. 2911                             2
 
 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.
   § 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.