N.Y. Public Service Law Section 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 Social Services Law § 459-A (Definitions)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.

Source: Section 91 — Adequate service; just and reasonable charges; unjust discrimination; unreasonable preference; protection of privacy, https://www.­nysenate.­gov/legislation/laws/PBS/91 (updated Jul. 7, 2023; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Jul. 7, 2023

§ 91’s source at nysenate​.gov

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