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IN THE MATTER OF INDEPENDENT PAYPHONE ASSOCIATION OF NEW YORK, INC. v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK

5 A.D.3d 960 (2004)

774 N.Y.S.2d 197

In the Matter of INDEPENDENT PAYPHONE ASSOCIATION OF NEW YORK, INC., et al., Appellants-Respondents, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, Respondent, and VERIZON NEW YORK, INC., Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 25, 2004.

Crew III, J.

In 1996, Congress amended the Telecommunications Act of 1934 (47 USC § 276) (hereinafter the Act) in an effort to deregulate pay phone service rates in order to promote free market competition in the pay phone industry. At the time of the enactment, pay phone services in the state were provided to the public by independent pay phone service providers (hereinafter PSPs), such as petitioner Teleplex Coin Communications, Inc., and local exchange carriers...

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