New York Consolidated Laws, Public Service Law - PBS § 92-g. De-tariffing of non-basic retail services

1. Notwithstanding any other provision of this chapter, or any regulation or order issued by the commission pursuant to this chapter, and excluding “regulated basic services” as defined in paragraph (a) of subdivision two of section ninety-two of this article on and after the effective date of this section, a telephone corporation furnishing any services that would otherwise be subject to the rate schedule requirements in section ninety-two of this article may post on its website the rates, terms and conditions of any retail service it offers, renders or furnishes within the state.  Section ninety-two of this article shall not apply to any service so posted, and such telephone corporation shall not be required to file with the commission or obtain approval of any tariff or schedule for such service.  Nothing in this section shall be construed to affect the authority of the commission under section ninety-seven of this article.

2. Any tariff or schedule for retail services filed by a telephone corporation prior to the effective date of this section may be withdrawn at any time after such date upon thirty days notice to the commission, but shall remain in effect until such withdrawal.

3. Nothing in this section shall affect the authority of the commission over switched access or wholesale services.

4. A telephone corporation shall annually file a copy of the customer service guide or other listing of terms and conditions with the commission.  A telephone corporation shall provide a copy of such customer service guide or other listing of terms and conditions to any requesting person.  The commission may order additional requirements as they see fit for the customer service guide.  The term “customer service guide” and “other listing of terms and conditions” when used in this section shall include but not be limited to a list of non-basic services with a description and rate of sale of such services by a telephone corporation.

5. At least thirty days prior to an increase in rate for a non-basic service, a telephone corporation shall notify any affected person that such person may opt out of such non-basic service at any time within the thirty days prior to the increase becoming effective.