Telecom/1996-04-telecom-walnutcreek.iso/legal-fcc/equal.access.rules

Text File | 1993-08-24 | 37KB | 654 lines

Date: Sun, 15 Aug 1993 11:42:45 -0500
From: TELECOM Moderator <[e-mail]>
Subject: FCC Equal Access Rules


Here is the copy of the Equal Access Order which was promised. First
read it and make sure *you* understand it, then show it to telecom
administrators at your school if you feel they are not in compliance.

  Subject: FCC Equal Access Order
  Date: Fri, 13 Aug 93 09:44:31 -0400
  From: James Olsen <[e-mail]>


For inclusion in the archives, here follows the FCC's 1991 order on
equal access and telephone consumer information.

56 FR 18519  NO. 78  04/23/91
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 64 and 68

[CC Docket No. 90-313; FCC 91-116]

Common Carriers; Operator Service Providers

AGENCY: Federal Communications Commission.

ACTION: Final rule.


SUMMARY: These final regulations establish policies and standards for the
provision of operator services and implement provisions of the Telephone
Operator Consumer Services Improvement Act of 1990, Public Law No. 101-435,
104 Stat. 986 (1990) (to be codified at 47 U.S.C. 226). These regulations
will provide consumers with the opportunity to make informed choices when
using operator services and to freely reach their desired carriers.

EFFECTIVE DATE: May 23, 1991.

FOR FURTHER INFORMATION CONTACT:     Sally J. Novak, Enforcement Division,
Common Carrier Bureau, [phone].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report and
Order in CC Docket No. 90-313 (FCC 91-116), adopted April 9, 1991 and
released April 15, 1991. The full text of the Report and Order is available
for inspection and copying during normal business hours in the FCC Dockets
Branch, room 230, 1919 M Street, NW., Washington, DC. The full text of this
Report and Order may also be purchased from the Commission's duplicating
contractor, Downtown Copy Center, 1114 21st Street, NW., Washington, DC
20036, [phone].

Summary of Report and Order

I. Background

  1. On April 9, 1991, the Commission adopted a Report and Order in CC Docket
No. 90-313 (released April 15, 1991, FCC 91-116) in order to establish
policies and standards for the provision of operator services and to adopt
rules necessitated by the Telephone Operator Consumer Services Improvement
Act of 1990, Pub. L. No. 101-435, 104 Stat. 986 (1990) (to be codified at 47
U.S.C. 226) ("Operator Services Act" or "Act").
  2. On June 14, 1990, the Commission adopted the initial Notice of Proposed
Rule Making in CC Docket No. 90-313, 55 FR 29639 (1990) (NPRM). In the NPRM,
the Commission proposed specific rules aimed at solving problems in the
operator services industry that have persisted despite previous Commission
action. During the first week of October 1990, Congress passed the Operator
Services Act, which the President signed into law shortly thereafter. Under
the Act, the Commission must, inter alia, conduct a "general" rule making
proceeding to prescribe regulations that will implement statutory provisions
and establish certain standards and policies, and a monitoring/reporting
proceeding that will ultimately result in three reports to Congress. On
December 21, 1990, the Commission released a Further Notice of Proposed Rule
Making, 56 FR 402 (1991) (FNPRM) in order to: (1) "Initiate" the general rule
making and monitoring/reporting proceedings required by the Act; (2) propose
the required rules; (3) invite any additional comments that were necessary
beyond those submitted in response to the NPRM; (4) solicit the information
that must be examined in the monitoring/reporting proceeding; and (5) declare
that, under the Act, the access and payphone compensation issues must be
considered in a separate proceeding. The rules proposed in the FNPRM
supplanted those proposed in the initial NPRM.
  3. The Report and Order delegates to the Chief of the Common Carrier Bureau
authority to impose such reporting requirements as are necessary to fulfill
the monitoring/reporting obligations mandated by section 226(h)(3)(B) of the
Act, 47 U.S.C. 226(h)(3)(B). The monitoring/reporting proceeding was
initiated as Phase II of CC Docket No. 90-313.
  4. In response to the NPRM and FNPRM over 450 parties filed comments and
reply comments. The Commission is required by the Act to adopt the rules
required in the general rulemaking by May 15, 1991.

II. Discussion

  5. The majority of commenters agreed with the rules as proposed by the
Commission in the FNPRM. With the exception of rules for which clarification
or modification was requested, the Commission is adopting those rules as
proposed and without discussion./1/

NOTE /1/ The rules requiring OSPs to ensure aggregators' compliance by
contract or tariff with certain requirements were unopposed. See Sec.
64.703(e) (posting requirements), Sec. 64.704(b)(1) (call blocking), and Sec.
64.705(a)(5) (charges for access code calls). Commenters did not request
clarification with respect to the majority of definitions proposed in Sec.
64.708, specifically, subsections (a), (c), (d), (f), and (h). Section
64.704(a), which requires that "800" and "950" access be unblocked, was
supported by the commenters.

A. Definitions

  6. Section 64.708 of the rules defines a number of fundamental terms. The
Commission is adopting the definitions contained in Sec. 64.708 of the rules
with some clarification and modification.
  7. The Commission is adopting Sec. 64.708(b) of the rules, the definition
of "aggregator," with some clarification. An "aggregator" has certain
enumerated responsibilities under the Act and the Commission's rules, among
them posting the required information on or near the telephone and ensuring
that its telephones do not block "800" or "950" access. The Commission
believes that the "aggregator" is the entity that is in the position to
comply with these requirements through its access to and control of the
telephone equipment, a determination that must be based on the facts of each
situations. Congress has made clear that pay telephone owners, hotels, and
other premises owners may be aggregators under the Act. Therefore, a blanket
determination by the Commission regarding who the aggregator is with regard
to all payphones will not help to meet the Commission's goals of ensuring the
availability of consumer information and consumer choice. Instead, the
Commission will interpret the definitions broadly enough to ensure compliance
with the goals of the Commission's rules and the Act. Each entity that
exercises control over telephone equipment, whether through ownership of the
equipment, control of access to the equipment, or some other means, will be
responsible as an "aggregator" under the Act and the Commission's rules. In
some situations, the premises owner and the pay telephone owner will be
jointly responsible as "aggregators" by virtue of their joint access to and
control over the telephone equipment; in some situations the "provider of
operator services" will also be an "aggregator" who must comply with the
provisions of the Act and the Commission's rules. In order to remove any
ambiguity and to avoid debate over who is responsible for ensuring compliance
with the Act and the Commission's rules, joint aggregators will be equally
responsible for complying with the Act and the rules.
  8. The Commission concludes that the definition of "aggregator" does not
apply to correctional institutions in situations in which they provide
inmate-only phones. The Commission is persuaded that the provision of such
phones to inmates presents an exceptional set of circumstances that warrants
their exclusion from the regulation being considered herein. Accordingly,
inmate-only phones at correctional institutions will not be subject to any
requirements under the Act or the Commission's rules./2/ Phones provided for
the use of the public, however, such as those in visitation areas, would be
covered by the Operator Services Act and the rules.

NOTE /2/ Additionally, the carrier providing service to inmate-only phones at
correctional institutions would not fall under the definition of "provider of
operator services" as such service is not provided at an "aggregator"
location with respect to inmate-only phones. A carrier that provides service
to phones at correctional institutions that are made available to the public
or to transient users would have to comply with the requirements of the
Commission's rules and the Operator Services Act.

  9. The Commission also finds that hospitals and universities are clearly
within the scope of the definition of "aggregator." In discussing the
definition, the Senate Committee said that "[a]ggregators include hotels and
motels, hospitals, universities, airports, gas stations, pay telephone
owners, and others. S. Rep. No. 439, 101st Cong., 2d Sess. 10 (1990).
  10. The Commission is not persuaded that federal executive agencies (FEA)
should be excluded from the definition of "aggregator." The Commission has
previously found that governmental entities are subject to its jurisdiction.
Graphnet Systems, Inc., 73 FCC 2d 283 (1979) (finding that the United States
Postal Service was not exempt from Commission jurisdiction due to its status
as a governmental entity). First, the Communications Act has conferred upon
the Commission broad and expansive regulatory authority over interstate
communications by wire and radio. Second, while the term "person" in the
Communications Act is defined to include certain entities, there is no
indication that the list is all-inclusive and that entities not specifically
mentioned are to be excluded. Finally, when Congress has sought to exclude
governmental entities from the Commission's jurisdiction they have done so
explicitly./3/ The Commission also notes that the legislative intent of
Congress would be frustrated by excluding "governmental entities" from
regulation under the Operator Services Act and the rules. Hence, to the
extent such agencies make phones available to the public or to transient
users for the placing of operator-assisted interstate telephone calls, they
clearly provide the type of service contemplated by the Operator Services Act
and therefore come within the statutory requirements of the Act and under the
Commission's rules.

NOTE /3/ For example, radio stations operated by the United States are
excluded from regulation under title III of the Communications Act. The FEA,
however, points to the explicit inclusion of "governmental entities" within a
definition of person included in the Cable Franchise Policy and
Communications Act of 1984, Public Law No. 98-549, 98 Stat. 2779 (Title VI of
the Communications Act) as dispositive with regard to the issue of
jurisdiction over "governmental entities." The FEA contends that when
Congress wants to include governmental entities within the Commission's
jurisdiction, they do so explicity. There is no merit to this argument as the
definition of "person" in title VI of the Communications Act is for the
purposes of title VI specifically and was not meant to limit generally the
definition of "person" in title I. The fact that Congress has explicitly
confirmed that a government entity is a "person" under title VI does not mean
a governmental entity is not also a person under the title I definition.

  11. Those sections of the rules defining "operator services" and "providers
of operator services," sections 64.708 (g) and (i) respectively, will be
adopted as proposed. The legislative history of the Operator Services Act
states that "operator services" include

  Interstate telecommunications services that involve any assistance to a
consumer to arrange for billing other than to the number from which the call
was placed. This definition includes assistance provided either by a "live"
person or by automation, such as voice recordings or "bong-in-a-box"
services. Carriers may not escape this definition by employing a particular
technology that does not involve a "live" operator.

S. Rep. No. 439, 101st Cong., 2d Sess. 11 (1990). Clearly, Congress intended
that automated technologies be included within the definition of "operator
services" and that those who provide service through such automated
technologies are "providers of operator services" under the Act and the
Commission's rules. The Commission emphasizes that "store-and-forward" and
"bong-in-the-box" as well as other automated technologies do not fall within
the exemption to the definition of "operator services" found in Sec.
64.708(g)(1) of the rules. Further, the Commission is not persuaded that a
distinction should be drawn between automated billing provided by a hotel
vis-a-vis similar services provided by entities that offer such services as
their primary business. Hotels providing automated billing fall within the
definition of "provider of operator services" and must comply with the Act
and the Commission's rules.
  12. Consistent with the Act, the Commission is modifying Sec. 64.708(e),
the definition of "equal access," to reflect the inclusion of only those
orders amending the Modification of Final Judgment (MFJ) issued prior to
October 17, 1990 rather than inclusion of those orders modifying the MFJ
issued prior to the effective date of the rule. The Commission is adopting
the remainder of the definitions in Sec. 64.708 as proposed.

B. Consumer Information

1. Requirements for Operator Service Providers (OSPs)

  13. The Commission is adopting without modification Sec. 64.703(a) of the
rules that requires OSPs to brand calls, to allow consumers to terminate
calls before connection without incurring a charge, and to disclose
information about rates and charges without charge upon consumer request.
These requirements apply to both "live" operators and automated technologies.
With regard to the branding requirement in Sec. 64.703(a)(1), the first brand
must occur "at the beginning of the call." See 47 U.S.C. 226(b)(1)(A). The
Commission does not believe that a brand after a consumer has entered a
billing number and that number has been validated is "at the beginning of the
call." For automated systems, the Commission requires that the first brand
occur prior to the bong tone, since the bong tone usually signals callers to
begin entering a billing number. This requirement will help ensure that
consumers hear all of the branding information and have the opportunity to
make an informed choice to use a particular OSP.
  14. The Commission will not prohibit parties involved in rate-setting from
deciding which party will be named in the brand. The Commission will,
however, prohibit parties from branding in the name of another party if rates
are merely modeled on or copied from that party's rates and that party has
not consented to the use of its name in the brand.
  15. Finally, with regard to automated technologies only, the Commission
believes the provision of rate and other information via the use of a
separate toll-free number is a reasonable method of compliance with the
Commission's rule. As technology is developed that eliminates the necessity
for a separate number, however, the use of that number should also be
eliminated. The Commission clarifies that any rates quoted by an OSP must be
exact rather than approximate. The Operator Services Act is clear that quotes
for rates or charges must be for "the call" (see 47 U.S.C. 226(b)(1)(C)(i))
not for some hypothetical call. Rates should be quoted based on the pricing
of the specific call.

2. Aggregator Posting Requirements and State Requirements

  16. The Commission is adopting as proposed Sec. 64.703(b) that requires
aggregators to post certain information on or near telephones in plain view
of consumers and Sec. 64.703(d) that provides that the posting requirement
will not apply if state law or regulation requires an aggregator to take
actions that are substantially the same as the requirements of Sec.
64.703(b). The Commission finds that all aggregator telephones, including
those in non-equal access areas, are subject to the posting requirements.
  17. The Commission clarifies that the required information must be posted
on or near all aggregator telephones. For example, it is not sufficient that
the required information is posted on or near only one telephone in a hotel
suite or room with more than one telephone. Further, it is not sufficient
that tent cards or stickers on or near a telephone merely refer the consumer
to another source of information such as a pamphlet or hand-out that is not
itself within plain view of the consumer.
  18. The posting requirement adopted in these rules is a minimum standard.
State requirements that include all the information required by the
Commission's rule, though the wording may be different, will be
"substantially the same," as comtemplated in Sec. 64.703(d) of the rules.
Aggregators are responsible for complying with the Act and the Commission's
rules. Aggregators are also responsible for reviewing and complying with any
additional state requirements, where they exist.

  3. Double Branding

  19. The Act mandates that OSPs double brand for the three-year period
commencing 90 days after its enactment. See 47 U.S.C. 226(b)(2). The rule as
proposed required that OSPs double brand for three years from the effective
date of the rules. The Commission is modifying Sec. 64.703(c) of the rules to
provide that OSPs must double brand through January 14, 1994 in conformance
with the Act. This rule applies to all OSPs regardless of size and to all
calls including collect calls.

C. Prohibition on Call Blocking

  20. The Commission is adopting Sec. 64.704(a) and Sec. 64.704(b) as
proposed. Section 64.704(a) of the rules requires that aggregators not block
"800" and "950" access at phones presubscribed to an OSP. Section 64.704(b)
requires that OSPs withhold compensation on a location-by-location basis from
aggregators reasonably believed to be blocking such access.
  21. The Commission will not provide notice of blocking to an OSP before the
OSP is required to withhold compensation from an aggregator nor will the
Commission compile for public dissemination listings of aggregators who
purportedly block. The purpose of this rule is to provide additional
incentive to OSPs to ensure that aggregators do not block "800" and "950"
access. The Commission expects that OSPs will take steps necessary to ensure
such compliance.
  22. The Commission will make appropriate use of its forfeiture authority
against offending OSPs and aggregators. Under section 503 of the
Communications Act, 47 U.S.C. 503, the Commission can impose substantial
forfeitures for willful or repeated violations of the Communications Act or
its rules, regulations, or orders: For common carriers subject to the
Communications Act, up to $100,000 for each violation or each day of a
continuing violation, up to a total of $1,000,000 for a continuing violation;
and for others, up to $10,000 for each violation or day of a continuing
violation up to a total of $75,000 for continuous violation. This Commission
will not hesitate to use its forfeiture authority against violators of its
rules.

D. Restrictions on Charges

  23. The Commission is adopting Sec. 64.705 of the rules as proposed.
Section 64.705 imposes restrictions on billing for unanswered calls, call
splashing, and surcharges for using a carrier other than the presubscribed
OSP. OSPs in equal access areas are prohibited from billing for unanswered
calls. The rule clearly recognizes, however, that answer supervision is not
available in non-equal access areas and requires that OSPs not 'knowingly'
bill for unanswered calls in non-equal access areas. Providers of automated
message delivery services (AMDS), may bill for the provision of AMDS, but a
provider of AMDS may not bill for the initial call when it is unanswered as
provided for in Sec. 64.705.
  24. The prohibition on splashing unless the consumer is informed and
consents strikes the appropriate balance in protecting consumers from being
billed for calls that do not reflect their originating points and allowing
consumers to make an informed decision to have calls splashed. Finally, by
prohibiting aggregators from imposing surcharges on access code calls that
are not charged for calls using the presubscribed OSPs, the Commission
further ensures that consumers have the ability to choose their preferred
carrier in a competitive marketplace.

E. Emergency Calls

  25. The Commission is adopting with modifications Sec. 64.706 of the rules
that establishes minimum standards for the handling of emergency calls by
OSPs. The Commission reiterates that the subject of emergency calls is an
area that the Commission has traditionally left to the states and stresses
that the Commission is adopting a minimum standard that is not intended to
preempt state requirements. The Commission notes that this standard applies
to "store-and-forward," "bong-in-a-box," and other automated technologies.
  26. The Commission is modifying the rule to require that, in instances
where the originating call location is different from the site of the
emergency and the site of the emergency is known, the call be connected to
the appropriate emergency service for the reported site of the emergency. The
Commission requires OSPs (i) to immediately connect an emergency call (ii) to
the emergency service provider that responds to the type of reported
emergency (iii) at the site of the emergency, if known, or, if not known, to
the originating location of the emergency call.
  27. The Commission is also modifying the rule to exclude specific examples
of dialing sequences that might initiate an emergency call. All emergency
calls, no matter how initiated, are covered by the Commission's rules.

F. Public Dissemination of Information

  28. The Commission is adopting Section 64.707 of the rules as proposed. The
Act requires that the Commission "establish a policy for requiring providers
of operator services to make public information about recent changes in
operator services and choices available to consumers in that market." 47
U.S.C. 226(d)(4)(B). In order that consumers are aware of changes in the
marketplace, the Commission believes it is necessary for each OSP to provide
information not only about itself, but also about the market within which it
is providing service. Accordingly, OSPs will be required to disseminate
information, upon request, that describes their own services, recent changes
in those services, and services and trends in the industry as a whole.
Detailed descriptions of rates, charges, and offerings of competitors were
never contemplated by the Commission. Rather, the Commission expects OSPs to
make available generic descriptions of any recent changes or innovations in
operator services. The Commission believes such descriptions may be done in a
fashion that complies with other applicable legal requirements./4/

NOTE /4/ With respect to the argument made by a commenter that the
requirement would violate the information services restriction of the MFJ,
the Commission notes that matters requiring interpretation of the MFJ are
properly within the jurisdiction of the district court. See NYSMSA Limited
Partnership, 58 RR 2d 525, 530 (1985). However, since no use of transmission
capability would be required to comply with the Act, it is unclear how the
MFJ is implicated.
  29. The Commission is not adopting an exception for smaller OSPs. Consumers
using even the smallest OSPs have the right to request and receive
information regarding that OSP's own rates and services as well as general
information regarding the operator services market.

G. Equipment Capabilities

  30. The Commission is adopting Sec. 68.318(d) of the rules as proposed. The
Act mandates that aggregator software and equipment manufactured or imported
on or after April 17, 1992, be technologically capable of providing access to
OSPs via equal access codes. 47 U.S.C. 226(f). The Commission is limiting the
equipment capabilities requirement to 10XXX capability for the 1992 deadline.
The Commission expects aggregator equipment that is the subject of the rule
to be technologically capable of providing access via the 10XXX access code.
The Commission will address issues relating to fraud and unblocking of the
10XXX access code in a separate proceeding./5/

NOTE /5/ Policies and Rules Concerning Operator Service Access and Pay
Telephone Compensation, Notice of Proposed Rule Making, CC Docket No. 91-35,
FCC 91-53, 56 FR 11136 (1991).

III. Final Regulatory Flexibility Analyis

  31. Pursuant to the Regulatory Flexibility Act of 1980, the Commission's
final analysis is as follows:
  32. Need and purpose of this action. This Report and Order adopts
regulations to implement the Telephone Operator Consumer Services Improvement
Act of 1990, Public Law No. 101-435, 104 Stat. 986 (1990). The adopted rules
are intended to protect consumers from unfair and deceptive practices related
to their use of operator services to place interstate telephone calls and to
ensure that consumers have the opportunity to make informed choices in making
such calls.
  33. Summary of the issues raised by the public comments in response to the
Initial and Further Initial Regulatory Flexibility Analysis. There were no
comments submitted in response to the Initial or Further Regulatory
Flexibility Analyses that are relevant to the rules adopted herein.
  34. Significant alternatives considered and rejected. The Notice of
Proposed Rule Making (NPRM) and Further Notice of Proposed Rule Making
(FNPRM) in this proceeding offered many proposals. The commenters supported
the basic thrust of this proceeding, with many suggesting modifications to
the Commission's proposals. The Commission considered all of the alternatives
presented in the proceeding and considered all of the timely filed comments
directed to the various issues in the NPRM and FNPRM. After carefully
weighing all aspects of the issues and comments in this proceeding, the
Commission has taken the most reasonable course of action under the mandate
of the Operator Services Act.

IV. Ordering Clauses

  35. Accordingly, It is ordered, pursuant to sections 1, 4(i), 4(j), 201-
205, 226, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
151, 154(i), 154(j), 201-205, 226, 303(r), that parts 64 and 68 of the
Commission's Rules, 47 CFR parts 64 and 68, are amended as set forth in Rule
Changes below.
  36. It is Further ordered That this Report and Order will be effective
thirty (30) days after publication in the Federal Register.

List of Subjects

47 CFR Part 64

  Communications common carriers, Computer technology, Radio, Reporting and
recordkeeping requirements, Telegraph, Telephone.

47 CFR Part 68

  Administrative practice and procedure, Communications common carriers,
Communications equipment, Reporting and recordkeeping requirements,
Telephone.

Federal Communications Commission.

Donna R. Searcy,

Secretary.

Rule Changes

  Parts 64 and 68 of title 47 of the Code of Federal Regulations are amended
as follows:

PART 64--[AMENDED]

  1. The authority citation for part 64 is revised to read as follows:

  Authority: Sec. 4, 48 Stat. 1066, as amended, 47 U.S.C. 154, unless
otherwise noted. Interpret or apply secs. 201, 218, 226, 48 Stat. 1070, as
amended, 1077, 47 U.S.C. 201, 218, 226, unless otherwise noted.

  2. A new Sec. 64.703 is added to subpart G to read as follows:

Sec. 64.703  Consumer information.

  (a) Each provider of operator services shall:
  (1) Identify itself, audibly and distinctly, to the consumer at the
beginning of each telephone call and before the consumer incurs any charge
for the call;
  (2) Permit the consumer to terminate the telephone call at no charge before
the call is connected; and
  (3) Disclose immediately to the consumer, upon request and at no charge to
the consumer--
  (i) A quotation of its rates or charges for the call;
  (ii) The methods by which such rates or charges will be collected; and
  (iii) The methods by which complaints concerning such rates, charges, or
collection practices will be resolved.
  (b) Each aggregator shall post on or near the telephone instrument, in
plain view of consumers:
  (1) The name, address, and toll-free telephone number of the provider of
operator services;
  (2) A written disclosure that the rates for all operator-assisted calls are
available on request, and that consumers have a right to obtain access to the
intestate common carrier of their choice and may contact their preferred
interstate common carriers for information on accessing that carrier's
service using that telephone; and
  (3) The name and address of the Enforcement Division of the Common Carrier
Bureau of the Commission (FCC, Enforcement Division, CCB, room 6202,
Washington, DC 20554), to which the consumer may direct complaints regarding
operator services.
  (c) Additional requirements for first 3 years. In addition to meeting the
requirements of paragraph (a) of this section, each presubscribed provider of
operator services shall, until January 15, 1994, identify itself audibly and
distinctly to the consumer, not only as required in paragraph (a)(1) of this
section, but also for a second time before connecting the call and before the
consumer incurs any charge.
  (d) Effect of state law or regulation. The requirements of paragraph (b) of
this section shall not apply to an aggregator in any case in which State law
or State regulation requires the aggregator to take actions that are
substantially the same as those required in paragraph (b) of this section.
  (e) Each provider of operator services shall ensure, by contract or tariff,
that each aggregator for which such provider is the presubscribed provider of
operator services is in compliance with the requirements of paragraph (b) of
this section.
  3. A new Sec. 64.704 is added to subpart G to read as follows:

Sec. 64.704  Call blocking prohibited.

  (a) Each aggregator shall ensure that each of its telephones presubscribed
to a provider of operator services allows the consumer to use "800" and "950"
access code numbers to obtain access to the provider of operator services
desired by the consumer.
  (b) Each provider of operator services shall:
  (1) Ensure, by contract or tariff, that each aggregator for which such
provider is the presubscriber provider of operator services is in compliance
with the requirements of paragraph (a) of this section; and
  (2) Withhold payment (on a location-by-location basis) of any compensation,
including commissions, to aggregators if such provider reasonably believes
that the aggregator is blocking access to interstate common carriers in
violation of paragraph (a) of this section.
  4. A new Sec. 64.705 is added to subpart G to read as follows:

Sec. 64.705   Restrictions on charges related to the provision of operator
services.

  (a) A provider of operator services shall:
  (1) Not bill for unanswered telephone calls in areas where equal access is
available;
  (2) Not knowingly bill for unanswered telephone calls where equal access is
not available;
  (3) Not engage in call splashing, unless the consumer requests to be
transferred to another provider of operator services, the consumer is
informed prior to incurring any charges that the rates for the call may not
reflect the rates from the actual originating location of the call, and the
consumer then consents to be transferred;
  (4) Except as provided in paragraph (a)(3) of this section, not bill for a
call that does not reflect the location of the origination of the call; and
  (5) Ensure, by contract or tariff, that each aggregator for which such
provider is the presubscribed provider of operator services is in compliance
with the requirements of paragraph (b) of this section.
  (b) An aggregator shall ensure that no charge by the aggregator to the
consumer for using an "800" or "950" access code number, or any other access
code number, is greater than the amount the aggregator charges for calls
placed using the presubscribed provider of operator services.
  5. A new Sec. 64.706 is added to subpart G to read as follows:

Sec. 64.706   Minimum standards for the routing and handling of emergency
telephone calls.

  Upon receipt of any emergency telephone call, a provider of operator
services shall immediately connect the call to the appropriate emergency
service of the reported location of the emergency, if known, and, if not
known, of the originating location of the call.
  6. A new Sec. 64.707 is added to subpart G to read as follows:

Sec. 64.707  Public dissemination of information by providers of operator
services.

  Providers of operator services shall regularly publish and make available
at no cost to inquiring consumers written materials that describe any recent
changes in operator services and in the choices available to consumers in
that market.

  7. A new Sec. 64.708 is added to subpart G to read as follows:

Sec. 64.708   Definitions.

  As used in Secs. 64.703 through 64.707 of this part and Sec. 68.318 of this
chapter (47 CFR 64.703-64.707, 68.318):
  (a) Access code means a sequence of numbers that, when dialed, connect the
caller to the provider of operator services associated with that sequence;
  (b) Aggregator means any person that, in the ordinary course of its
operations, makes telephones available to the public or to transient users of
its premises, for interstate telephone calls using a provider of operator
services;
  (c) Call splashing means the transfer of a telephone call from one provider
of operator services to another such provider in such a manner that the
subsequent provider is unable or unwilling to determine the location of the
origination of the call and, because of such inability or unwillingness, is
prevented from billing the call on the basis of such location;
  (d) Consumer means a person initiating any interstate telephone call using
operator services;
  (e) Equal access has the meaning given that term in Appendix B of the
Modification of Final Judgment entered by the United States District Court on
August 24, 1982, in United States v. Western Electric, Civil Action No. 82-
0192 (D.D.C. 1982), as amended by the Court in its orders issued prior to
October 17, 1990;
  (f) Equal access code means an access code that allows the public to obtain
an equal access connection to the carrier associated with that code;
  (g) Operator services means any interstate telecommunications service
initiated from an aggregator location that includes, as a component, any
automatic or live assistance to a consumer to arrange for billing or
completion, or both, of an interstate telephone call through a method other
than:
  (1) Automatic completion with billing to the telephone from which the call
originated; or
  (2) Completion through an access code used by the consumer, with billing to
an account previously established with the carrier by the consumer;
  (h) Presubscribed provider of operator services means the interstate
provider of operator services to which the consumer is connected when the
consumer places a call using a operator services without dialing an access
code;
  (i) Provider of operator services means any common carrier that provides
operator services or any other person determined by the Commission to be
providing operator services.

PART 68--[AMENDED]

  1. The authority citation for part 68 is revised to read as follows:

  Authority: Secs. 4, 201, 202, 203, 204, 205, 208, 215, 218, 226, 313, 314,
403, 404, 410, 602, 48 Stat., as amended, 1066, 1070, 1071, 1072, 1073, 1076,
1077, 1087, 1094, 1098, 1102, 47 U.S.C. 154, 201, 202, 203, 204, 205, 208,
215, 218, 226, 313, 314, 403, 404, 410, 602, unless otherwise noted.

  2. Section 68.318 is amended by adding paragraph (d) to read as follows:

Sec. 68.318   Additional limitations.

  * * * * *

  (d) Requirement that registered equipment allow access to common carriers.
Any equipment or software manufactured or imported on or after April 17,
1992, and installed by any aggregator shall be technologically capable of
providing consumers with access to interstate providers of operator services
through the use of equal access codes. The terms used in this paragraph shall
have the meanings defined in Sec. 64.708 of this chapter (47 CFR 64.708).

[FR Doc. 91-9349 Filed 4-22-91; 8:45 am]

BILLING CODE 6712-01-M