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This entry was published on 2014-09-22
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SECTION 206-E
Telephone call charges; disclosure; violations
General Business (GBS) CHAPTER 20, ARTICLE 12
§ 206-e. Telephone call charges; disclosure; violations. 1. For the
purpose of this section:

(a) The term "aggregator" means any hotel, motel, innkeeper, school or
hospital which is not a telegraph or telephone corporation, as defined
in the public service law, which, in the ordinary course of business,
makes available for public use telephones or telephone equipment. This
term shall also mean 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 operator service provider. This term shall
also mean any university, provided however, that the foregoing shall in
no way affect the tax-exempt or any other status of any such university
under the education, tax or not-for-profit corporation laws or any other
provision of law, rule or regulation relating thereto.

(b) The term "alternate operator service provider" means a
telecommunications company, other than a local exchange company, which
provides operator assisted service by means of personal or automated
call intervention.

(c) The term "COCOT service provider" means any person or corporation
which resells service by means of a customer owned or leased currency or
credit operated telephone.

2. Every alternate operator service provider shall arrange to have
conspicuously displayed on, or in the immediate vicinity of, any
telephone or telephone equipment which automatically accesses the
alternate operator service provider's network and where its services are
made available either to the public or transient end users, information
which shall include, but not be limited to:

(a) The identity of the alternate operator service provider that will
make the charge for any calls placed from such telephone or telephone
equipment;

(b) A statement that any inter-exchange long distance carrier can be
accessed by following dialing instructions or access codes provided by
such other carriers;

(c) A toll free number which the caller can use to obtain information
on the rates, terms or conditions for a call;

(d) A statement that, upon the request of the caller, the operator
servicing the call will provide rate information; and

(e) A toll free number to call for resolution of a billing or service
complaint.

3. Every COCOT service provider shall conspicuously display on, or in
the immediate vicinity of, its telephones or telephone equipment made
available for public use, information which shall include, but not be
limited to:

(a) The identity of the COCOT service provider, and, where applicable,
the alternate operator service provider that will make the charge for
any calls placed from such telephone or telephone equipment;

(b) A statement that any inter-exchange long distance carrier can be
accessed by following dialing instructions or access codes provided by
such carriers;

(c) A toll free number which the caller can use to obtain information
on the rates, terms or conditions for a call;

(d) A statement that, upon the request of the caller, the operator
servicing the call will provide rate information;

(e) A toll free number to call for resolution of a billing or service
complaint; and

(f) Where applicable, a notice that additional charges are imposed by
the COCOT service provider, or the owner of the place where the COCOT is
located, for the use of the telephone or telephone equipment for the
placing of a call.

4. Every aggregator shall conspicuously display on, or in the
immediate vicinity of, any telephone or telephone equipment made
available for public use on its premises, information, which shall
include, but not be limited to:

(a) The identity of the alternate operator service provider, if any,
that will make the charge for any calls placed from such telephone or
telephone equipment;

(b) A statement that any inter-exchange long distance carrier can be
accessed by following dialing instructions or access codes provided by
such other carriers;

(c) A toll free number which the caller can use to obtain information
on the rates, terms or conditions for a call;

(d) A statement that, upon the request of the caller, the operator
servicing the call will provide rate information;

(e) A toll free number to call for resolution of a billing or service
complaint; and

(f) Where applicable, a notice that additional charges are imposed by
or on behalf of the aggregator for the use of the telephone or telephone
equipment for the placing of a call. Where additional charges are
imposed for placing local calls, such notice shall include the amount of
such surcharge.

5. No alternate operator service provider, COCOT service provider or
aggregator shall restrict access or enter into any contract or agreement
which restricts access to any alternate operator service provider or to
a local exchange company operator or to any emergency telephone number,
including where available, 911 or E911.

6. Any person who has been injured by reason of any violation of this
section may bring an action to recover actual damages or three hundred
fifty dollars, whichever is greater, provided, however, that any person
who has been injured by reason of any violation of subdivision five of
this section may bring an action to recover actual damages or five
hundred dollars whichever is greater. In either case, the court may, in
its discretion, increase the award of damages to an amount not to exceed
three times the actual damages up to four thousand dollars if the court
finds that the defendant willfully or knowingly violated this section.

7. If any display or sign, as required by this section, is removed or
defaced by vandals, the court shall consider such facts in determining
any penalty or damages provided for in this section.

8. Any action brought pursuant to this section shall be commenced
within three years of the date of the original cause of such action.

9. A court may in its discretion award reasonable attorney's fees to a
prevailing plaintiff in any action brought pursuant to subdivision six
of this section.