Section 396-SS. Access number notification

1. Definitions. For the purpose
  of this section, the following words shall have the following meanings:
    a. "Dial-up Internet service"  means  a  service  that,  by  employing
  telephone  lines,  offers  the  transmission,  routing,  or providing of
  connections for online communications, between or among points specified
  by a user, of material of the user's choosing, without  modification  to
  the content of the material as sent or received.
    b.  "Dial-up  Internet service provider" means an entity that provides
  dial-up Internet service.
    c. "Dial-up Internet service subscriber" means a person or entity who,
  by current or continuing contract or other continuing arrangement with a
  dial-up Internet service provider, receives or uses a  dial-up  Internet
  service provided by such dial-up Internet service provider.
    2.  Every dial-up Internet service provider that provides such service
  through one or more telephone numbers in telephone area codes located in
  New York state shall prominently post in bold capital letters, on  every
  screen  page  on which Internet access service telephone numbers are set
  forth, whether contained on an  Internet  web  site  or  elsewhere,  the
  following notice:
    WARNING: THE USE OF SOME OF THE FOLLOWING TELEPHONE NUMBERS MAY RESULT
  IN  LONG  DISTANCE  CHARGES.  IN SELECTING YOUR ACCESS NUMBER(S), PLEASE
  NOTE THAT ALTHOUGH AN ACCESS NUMBER MAY BE IN YOUR AREA CODE OR  LOCATED
  IN  YOUR  GENERAL  GEOGRAPHIC  REGION, IT MAY NOT NECESSARILY BE A LOCAL
  NUMBER FOR YOU. YOU MAY  INCUR  SUBSTANTIAL  TELEPHONE  CHARGES  IF  YOU
  CHOOSE ACCESS NUMBERS THAT ARE NOT COVERED BY YOUR LOCAL CALLING PLAN.
    WE  URGE  YOU  TO  CHECK WITH YOUR TELEPHONE COMPANY TO FIND OUT WHICH
  NUMBERS ARE LOCAL FOR YOU BEFORE USING A NUMBER FROM THIS LIST.
    3. Notwithstanding the provisions of subdivision two of this  section,
  a  dial-up  Internet  service provider who provides such service through
  one or more telephone numbers in telephone area  codes  located  in  New
  York  state  who  has  sold  or otherwise provided software to a dial-up
  Internet service subscriber prior to October twenty-fourth, two thousand
  five, when such software cannot be  updated  by  such  Internet  service
  provider  without  action  on  the part of such dial-up Internet service
  subscriber to include the notice required under subdivision two of  this
  section,  and  the  contents of the screen page on which Internet access
  service telephone numbers are displayed is not contained on an  Internet
  web  site,  may  comply  with  the  provisions  of this section, for the
  purposes  of  such  software  and  for  such  dial-up  Internet  service
  subscribers,  by sending such dial-up Internet service subscribers known
  or reasonably believed to be using such software the notice set forth in
  subdivision two of this section, in either written or electronic form.
    4. Every failure to comply with this section is a violation of article
  twenty-two-A of this chapter.