N.Y. Public Service Law § 92-c: Customer service requirements for alternate operator service providers and COCOT service providers

§ 92-c. Customer service requirements for alternate operator service

providers and COCOT service providers. 1. For the purposes of this

section:

(a) 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.

(b) 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 the commission shall prescribe 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 the commission shall

prescribe 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. If any display or sign, as required by this section, is removed or

defaced by vandals, the commission shall consider such facts in

determining any penalty provided for in this article.

5. Upon the caller's connection to its service, an alternate operator

service provider shall announce to the caller the identity of the

provider handling the operator assisted call and, upon request of the

caller, quote the rates, terms or conditions for such call.

6. If an alternate operator service provider is technically unable to

complete a call from its point of origin, or transfer a call so that it

is billed from its point of origin, such provider shall provide the

following options to the caller and then obtain the caller's consent:

(a) offer to transfer the call, upon the caller's request, at no

charge to the caller, to another operator service provider, and

(b) offer to terminate the call without charge.

7. No alternate operator service provider or COCOT service provider

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.

8. Nothing in this section shall be construed to limit the authority

of the commission to impose requirements in addition to those

established pursuant to this section for a telephone corporation that is

an alternate service provider or a COCOT service provider.

9. Notwithstanding any provision of law to the contrary, a COCOT

service provider shall be authorized to establish and collect, directly,

or through or on behalf of an alternate operator service provider, in

addition to any other charges which may be applicable, a premises or

location surcharge applicable to each credit card, third party, collect

or operator handled call, which surcharge shall not exceed one dollar

and twenty-five cents on any call originated in this state, provided

that any such surcharge on a call originated in a city with a population

over one million may not exceed one dollar and fifty cents. No such

surcharge may be imposed on any call which is not completed. Effective

January first, nineteen hundred ninety-eight, the commission shall

determine, after notice and hearing, the amount of any increase in such

maximum surcharge necessary to protect the public interest in COCOT

service. The amount of any such surcharge shall be conspicuously

displayed on or in the immediate vicinity of the COCOT in accordance

with paragraph (f) of subdivision three of this section.

10. Notwithstanding any other provision of law, the charge imposed by

a COCOT service provider for local coin calls after the initial period

has elapsed shall be equal in rate and time period to the initial set

rate and time period.

11. Until March thirty-first, two thousand six, a fee of twenty-five

cents per month per access line assigned to a COCOT is hereby imposed

upon each and every COCOT. The local exchange company shall, act as a

collection agent for such fees, and remit the funds collected to the

department no later than the fifteenth of each and every month. The

department shall deposit the funds as soon as received in the COCOT

enforcement fund established pursuant to section ninety-two-w of the

state finance law.