2/18/15 N.Y. St. Reg. PSC-07-15-00006-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Commission is considering whether to approve, modify or reject, in whole or in part a Petition to Initiate Remand filed by Independent Payphone Association of N.Y., Inc. and Individual Independent Payphone Providers regarding payphone rates.
Statutory authority:
Public Service Law, sections 92 and 97
Subject:
Whether to order a remand regarding payphone rates.
Purpose:
Whether to order a remand regarding payphone rates and award refunds.
Substance of proposed rule:
The Commission is considering whether to approve or reject, in whole or in part, a Petition to Initiate Remand filed by Independent Payphone Association of N.Y., Inc. and Individual Independent Payphone Providers regarding payphone access line rates charged by Verizon New York, Inc. The Commission may also approve or reject, in whole or in part, the relief sought on remand or provide such other and further relief as it deems just and reasonable and/or required by law. In making its determination the Commission expects to consider the decisions of the New York Supreme Court Albany County in In the Matter of Indep. Payphone Ass'n of N.Y., Inc. v. PSC, 2002 N.Y. Misc. LEXIS 2090 (N.Y. Sup. Ct. July 31, 2002) and the New York Appellate Division Third Department in IPANY v. PSC, 5 A.D.3d 960 (2004) as well as the decision of the Federal Communications Commission in CC Docket No. 96-128, In the Matter of Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, Declaratory Ruling and Order, 28 FCC Rcd. 2615.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact:
Elaine Agresta, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2660, email:
Elaine.Agresta@dps.ny.govData, views or arguments may be submitted to:
Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
secretary@dps.ny.govPublic comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
