Section 95. Reports of telegraph corporations and telephone corporations  


Latest version.
  • 1. Every telegraph corporation and  every  telephone  corporation  shall
      file  with  the  commission  an annual report at a time and covering the
      yearly period fixed by the commission.  Such  annual  reports  shall  be
      verified  by  the  oath  of  the  president,  vice-president, treasurer,
      secretary, general manager or receiver if any of such  corporations,  or
      by  the  person required to file the same. Verification shall be made by
      the official holding office at the time of the filing  of  said  report,
      and  if  not  made  upon  the knowledge of the person verifying the same
      shall set forth in general terms the sources of his information and  the
      grounds  for  his  belief as to any matters not stated to be verified on
      his knowledge. The commission shall prescribe the form of  such  reports
      and  the  character  of the information to be contained therein and may,
      from time to time make such changes and additions in regard to form  and
      contents  thereof  as  it may deem proper and shall furnish a blank form
      for such  annual  reports  to  every  telegraph  corporation  and  every
      telephone  corporation required to make the same. When the report of any
      telegraph corporation or telephone corporation is defective or erroneous
      the commission shall notify the corporation to amend the same  within  a
      time  prescribed  by the commission. The said reports shall be preserved
      in the office of the commission.  The  commission  may  require  of  any
      telegraph  corporation  or  telephone  corporation  specific  answers to
      questions upon which the  commission  may  desire  information.  If  any
      telegraph  corporation  or  telephone corporation shall fail to make and
      file its annual report as and when required or within such extended time
      as the commission may allow or shall fail to make  specific  answers  to
      any  question  within  the  period  specified  by the commission for the
      making and filing of such answers, such corporation shall forfeit to the
      state the sum of one hundred dollars for each and  every  day  it  shall
      continue  to  be  in default with respect to such report or answer. Such
      forfeiture shall be recovered in an action brought by the commission  in
      the name of the people of the state of New York. The amount recovered in
      any  such  action  shall  be  paid  into the state treasury and shall be
      credited to the general fund.   The commission may,  when  it  deems  it
      advisable,  exempt  any  telegraph  corporation or telephone corporation
      from the necessity of filing annual reports until the further  order  of
      the commission.
        2.  The  commission  may  establish a system of accounts to be used by
      telegraph corporations and telephone corporations, which are subject  to
      its  jurisdiction,  and  are  required  to  make annual reports to it or
      classify the said corporations, and prescribe a system of  accounts  for
      each  class and may prescribe the manner in which such accounts shall be
      kept. It may also, in its discretion prescribe the form of records to be
      kept by such corporation. Notice of alterations by the commission in the
      required method or form of keeping  accounts  shall  be  given  to  such
      corporations  by  the commission at least six months before the same are
      to take effect. The commission shall at all times  have  access  to  all
      accounts,  records  and  memoranda  kept  by  telegraph corporations and
      telephone corporations,  and  may  designate  any  of  its  officers  or
      employees  who  shall  thereupon  be  authorized  under the order of the
      commission to inspect and examine any  and  all  accounts,  records  and
      memoranda  kept by any such corporation; and the commission may, after a
      hearing, prescribe by order, the accounts in  which  particular  outlays
      and  receipts shall be entered, charged or credited. At any such hearing
      the burden of proof  shall  be  on  the  corporation  to  establish  the
      correctness of the accounts in which such outlays and receipts have been
      entered  and  the  commission  may  suspend  a  charge or credit pending
      submission  of  proof  by  such  corporation.  Any  provision   of   law
    
      prohibiting  the disclosure of the contents of telegraph messages or the
      contents or substance of telephone communications shall not be deemed to
      prohibit the disclosure of any matter in accordance with the  provisions
      of this chapter.
        3.  In  the  case  of a telephone corporation having property actually
      used in the public service within the state of a value of less than  ten
      thousand  dollars  and  operated  for  profit,  the  commission  may and
      wherever it deems it practicable shall prescribe a simplified system  of
      accounts  and  reports  suitable  to the character and activities of the
      telephone corporation regulated.