16 CRR-NY 650.6NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 16. DEPARTMENT OF PUBLIC SERVICE
CHAPTER VI. TELEPHONE AND TELEGRAPH CORPORATIONS
SUBCHAPTER D. RECORDS; REPORTS
PART 650. REGULATIONS APPLICABLE TO PAYPHONES
16 CRR-NY 650.6
16 CRR-NY 650.6
650.6 Enforcement.
(a) Any payphone which operates in violation of this Part is subject to: discontinuance of public access line service by the local exchange carrier serving it; a refusal to install public access line service by other local exchange carriers; and, penalties imposed pursuant to paragraph 3 of Public Service Law, section 90(3). Provision of public access line services to all payphones owned by a person or entity or affiliate thereof may be discontinued by current local exchange carriers and refused by other local exchange carriers if that person or entity repeatedly violates the rules set forth in this Part.
(b) Every local exchange carrier providing public access line services to payphones, shall:
(1) maintain a list of payphones being served, and provide access to that list to the Department of Public Service;
(2) adopt as part of its schedule of rates and charges a provision stating that provision of public access line service to payphones may be terminated and refused for violation of the rules set forth in this Part; and
(3) discontinue provision of public access line service, or refuse to install public access line service, to payphones upon directive of the commission or a department director pursuant to the provisions of this Part.
(c) The Department of Public Service staff is authorized to conduct any investigation necessary to ensure compliance with Public Service Law, section 90(3) and the requirements set forth in this Part. Upon finding a violation, the staff shall issue a written citation to the payphone service provider, stating the penalty and the violation. Within 30 days, the payphone service provider must pay any fine assessed and correct the violation, or notify the department that the citation will be contested. Such notification shall include a statement of the grounds upon which the citation is being contested. Any citation that is contested shall be subject to an investigation, hearing and determination by the commission.
(d) Where the penalty, prescribed in a staff citation issued pursuant to subdivision (c) of this section, is discontinuance of service, and the citation has not been contested within 30 days of issuance, the staff shall direct the local exchange carrier currently providing public access line service to the payphone to discontinue the service, and all other local exchange carriers operating in the area not to install public access line service to the offending payphone.
(e) Where public access line service to a payphone has been discontinued pursuant to the provisions of this Part, an application for restoration of service may be made, to the staff, demonstrating that the condition which prompted the discontinuance of service will not recur. Within 60 days, the staff shall either deny the application or direct the local exchange carrier formerly serving the payphone that it shall restore public access line service and other local exchange carriers providing service in the area that they may install public access line service. If such an application is denied, the applicant may, within 30 days, contest the denial, in which case there will be an investigation, hearing and determination by the commission.
(f) Discontinuance of public access line service to a payphone pursuant to the provisions of this Part shall not affect the right of an unaffiliated person or entity to apply directly to a local exchange carrier for installation of public access line service at or near the same location.
(g) A local exchange carrier instructed to disconnect, or to refuse to install, public access line service to a payphone owned or controlled by a nonaffiliated company, pursuant to the provisions of this Part, shall not convey any information about such instruction to any affiliated payphone operation.
16 CRR-NY 650.6
Current through February 28, 2023
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.