Section 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.