S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10170
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Meeks) --
   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.
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01959-01-3
 A. 10170                            2
 
 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.  Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.