Section 91. Adequate service; just and reasonable charges; unjust discrimination; unreasonable preference; protection of privacy  


Latest version.
  • 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.