N.Y. Public Service Law § 90: Application of article

§ 90. Application of article. 1. The provisions of this article shall

apply to communication by telegraph or telephone between one point and

another within the state of New York and to every telegraph corporation

and telephone corporation.

2. Application of the provisions of this article to telegraphic

communication is suspended unless the commission, no sooner than one

year after the effective date of this provision, makes a determination,

after notice and hearing, that regulation of a telegraph corporation or

some of its services should be reinstituted to the extent found

necessary to protect the public interest because of a lack of effective

competition.

3. (1) Except as otherwise provided in this subdivision or section

ninety-two-c of this article, a reseller of telephone service by means

of a customer owned or leased currency operated telephone (COCOT) shall

be exempt from the requirements of this chapter.

(2) The commission shall have power to establish by rule or regulation

service, rate, interconnection and location requirements for COCOTs upon

a determination that such requirements are in the public interest.

(3) (a) The commission shall have power to assess a penalty not to

exceed one thousand dollars against any reseller of COCOT services who

knowingly fails or neglects to comply with any provision of this

subdivision or section ninety-two-c of this article or any regulation or

order of the commission implementing or enforcing the provisions of this

subdivision or the provisions of section ninety-two-c of this article

which apply to COCOT service providers. In the case of a continuing

violation, each day shall be deemed a separate and distinct offense.

(b) Whenever the commission shall be of the opinion that any reseller

of COCOT services is violating or about to violate any provision of this

subdivision or any regulation or order of the commission implementing or

enforcing the provisions of this subdivision, or has failed to pay any

penalty assessed pursuant to the provisions of this subdivision, the

commission shall have power to bring an action or enforcement proceeding

as provided by section twenty-six of this chapter.