FCC 64.703 Revised as of October 1, 2006
Goto Year:2005 |
2007
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;
(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; and
(4) Disclose, audibly and distinctly to the consumer, at no charge and
before connecting any interstate non-access code operator service call, how
to obtain the total cost of the call, including any aggregator surcharge, or
the maximum possible total cost of the call, including any aggregator
surcharge, before providing further oral advice to the consumer on how to
proceed to make the call. The oral disclosure required in this subsection
shall instruct consumers that they may obtain applicable rate and surcharge
quotations either, at the option of the provider of operator services, by
dialing no more than two digits or by remaining on the line. The phrase
“total cost of the call” as used in this paragraph means both the variable
(duration-based) charges for the call and the total per-call charges,
exclusive of taxes, that the carrier, or its billing agent, may collect from
the consumer for the call. It does not include additional charges that may
be assessed and collected without the involvement of the carrier, such as a
hotel surcharge billed by a hotel. Such charges are addressed in paragraph
(b) of this section.
(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) Except for CMRS aggregators, 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 interstate common carrier of their choice and
may contact their preferred interstate common carriers for information on
accessing that carrier's service using that telephone;
(3) In the case of a pay telephone, the local coin rate for the pay
telephone location; and
(4) The name and address of the Consumer Information Bureau of the
Commission (Federal Communications Commission, Consumer Information Bureau,
Consumer Complaints—Telephone, Washington, D.C. 20554), to which the
consumer may direct complaints regarding operator services. An existing
posting that displays the address that was required prior to the amendment
of this rules (i.e., the address of the Common Carrier Bureau's Enforcement
Division, which no longer exists) may remain until such time as the posting
is replaced for any other purpose. Any posting made after the effective date
of this amendment must display the updated address (i.e., the address of the
Consumer Information Bureau).
(c) Updating of postings. The posting required by this section shall be
updated as soon as practicable following any change of the carrier
presubscribed to provide interstate service at an aggregator location, but
no later than 30 days following such change. This requirement may be
satisfied by applying to a payphone a temporary sticker displaying the
required posting information, provided that any such temporary sticker shall
be replaced with permanent signage during the next regularly scheduled
maintenance visit.
(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.
[ 56 FR 18523 , Apr. 23, 1991, as amended at 61 FR 14981 , Apr. 4, 1996; 61 FR 52323 , Oct. 7, 1996; 63 FR 11617 , Mar. 10, 1998; 63 FR 43041 , Aug. 11, 1998;
64 FR 47119 , Aug. 30, 1999; 67 FR 2819 , Jan. 22, 2002]
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