N.Y. Public Service Law § 91: Adequate service; just and reasonable charges; unjust discrimination; unreasonable preference; protection of privacy

§ 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.