Section 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.