§ 91. Adequate service; just and reasonable charges; unjust
discrimination; unreasonable preference; protection of privacy. 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 reasonable.
All charges made or demanded by any telegraph corporation or telephone
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 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. (a) No telegraph corporation or telephone corporation shall
directly or indirectly or by any special rate, rebate, drawback or other
device or method charge, demand, collect or receive from any person or
corporation a greater or less compensation for any service rendered or
to be rendered with respect to communication by telegraph or telephone
or in connection therewith, except as authorized in this chapter, than
it charges, demands, collects or receives from any other person or
corporation for doing a like and contemporaneous service with respect to
communication by telegraph or telephone under the same or substantially
the same circumstances and conditions.

(b) The local service area within which calls are made on a local
rather than toll basis in a city with a population of one million or
more shall not be changed as a result of the establishment of an
additional area code.

3. No telegraph corporation or telephone corporation shall make or
give any undue or unreasonable preference or advantage to any person,
corporation or locality, or subject any particular person, corporation
or locality to any undue or unreasonable prejudice or disadvantage in
any respect whatsoever.

4. Nothing in this chapter shall be construed to prevent any telegraph
corporation or telephone corporation from continuing to furnish the use
of its lines, equipment or service under any contract or contracts in
force at the date this article takes effect or upon the taking effect of
any schedule or schedules of rates subsequently filed with the
commission, as hereinafter provided, at the rate or rates fixed in such
contract or contracts; provided, however, that when any such contract or
contracts are or become terminable by notice, the commission shall have
power, in its discretion, to direct by order that such contract or
contracts shall be terminated by the telegraph corporation or telephone
corporation party thereto, and thereupon such contract or contracts
shall be terminated by such telegraph corporation or telephone
corporation as and when directed by such order.

5. No telegraph corporation or telephone corporation shall sell or
offer for sale any names and/or addresses of any of its customers whose
listings have been omitted from the telephone company's published
directory at the request of the customer.

6. (a) Every local exchange telephone corporation shall include in any
directory of telephone numbers it or an affiliated company publishes for
general distribution an alphabetical list of interexchange carriers with
their federal communications commission assigned identification codes
which may be used by the subscribers listed in such directory to access
any telephone corporation that originates interexchange service in the
local exchange telephone corporation's service area and that agrees to
publication of its access code in such directory.

(b) Each interexchange carrier shall be responsible for providing its
own identification codes, sorted by geographic area serviced by the
individual directories published by each local exchange company or its
affiliate. Further, the identification codes for each directory shall be
delivered to the local exchange carrier or its affiliate in compliance
with the established directory printing closing dates. Those
interexchange carriers wishing to be listed in the directory shall bear
full responsibility for the accuracy and completeness of the list of
their identification codes.

(c) Local exchange telephone corporations and their affiliates shall
not be exposed to any greater liability for their failure to include
such carrier identification codes in their directories than is present
in the provisions of filed and approved tariffs dealing with directory
listing errors and omissions.

7. Every telephone corporation, as defined in this chapter shall, at
its option: (a) allow a customer to use a modified or alternative name
for a directory listing or (b) waive the otherwise applicable charges
for a non-published telephone listing, where the customer requests
protection of its identity in connection with the customer's purchase of
telephone service and the customer is a victim of domestic violence, as
defined in section four hundred fifty-nine-a of the social services law,
and for whose benefit any order of protection, other than a temporary
order of protection, has been issued by a court of competent
jurisdiction. This waiver of charges shall be for the duration of the
applicable, non-temporary, order. Any non-published listings provided in
this subdivision shall conform to all the same requirements of other
non-published listings. A customer requesting such an accommodation
shall provide an attestation in writing that they no longer wish to be a
party to such contract due to their status as a victim of domestic
violence. Such telephone corporation may not require such customer to
disclose confidential information or details relating to such customer's
status as a victim of domestic violence, as a condition of implementing
such accommodation. Any customer requesting an accommodation pursuant to
this subdivision may also request and shall be provided, at no cost to
the customer, a new telephone number within fifteen days from the
request for such accommodation. Such telephone corporation shall dispose
of information submitted by such customer no later than thirty days
after receiving such information in a manner as to maintain
confidentiality of such information.

8. Every telephone corporation, as defined in this chapter, shall
allow a person who is under contract including, but not limited to, a
multi-year contract or bundle contract with such telephone corporation,
to opt-out of such contract without fee, penalty or charge when such
person is a victim of domestic violence and provides an attestation in
writing that they no longer wish to be a party to such contract due to
their status as a victim of domestic violence. Such telephone
corporation may not require such person to disclose confidential
information or details relating to such person's status as a victim of
domestic violence, as a condition of permitting such person to opt-out
of such contract. Further, such telephone corporation may not make
release from such contract contingent on: (a) maintaining contractual or
billing responsibility of a separated line with the provider; (b)
approval of separation by the primary account holder, if the primary
account holder is not the person making such request; (c) a prohibition
or limitation on number portability or a request to change phone
numbers; or (d) a prohibition or limitation on the separation of lines
as a result of arrears accrued by the account. Such telephone
corporation shall release such person from such contract no later than
seven days after receiving such opt-out request. Such telephone
corporation shall dispose of information submitted by such person no
later than thirty days after receiving such information in a manner as
to maintain confidentiality of such information. A claim for opting-out
of such contract without charge shall be made in good faith. Such
telephone corporation shall waive the otherwise applicable fee, penalty
or charge for such person requesting to opt-out of such contract.

13. Every telephone corporation, as defined in this chapter, shall
make information about the options and process described in subdivision
eight of this section readily available to consumers on the website and
any mobile application of the provider, in physical stores, and in other
forms of public-facing consumer communication.

14. A covered provider and any officer, director, employee, vendor or
agent thereof shall not be subject to liability for any claims arising
from an action taken or omission made with respect to compliance with
subdivisions seven, eight or thirteen of this section.