Operator Services Providers

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 94-158; FCC 94-352]

Operator Services Providers

AGENCY: Federal Communications Commission.

[[Page 8218]] ACTION: Proposed rule and notice of inquiry.

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SUMMARY: The Commission adopted this Notice of Proposed Rule Making and

Notice of Inquiry to solicit comment on proposed changes to its rules

and policies governing operator service providers (OSPs) and call

aggregators. The proposed rule changes are intended to clarify existing

OSP requirements, and the notice of inquiry examines the need for

additional protection measures.

DATES: Comments must be submitted on or before March 9, 1995 and reply

comments must be submitted on or before March 24, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street, NW,

Washington, D. C. 20554.

FOR FURTHER INFORMATION CONTACT: Carolyn Tatum Roddy, Enforcement

Division, Common Carrier Bureau, (202) 418-0960.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's

Notice of Proposed Rule Making and Notice of Inquiry in CC Docket No.

94-158 [FCC 94-352], adopted December 28, 1994 and released February 8,

1995. The full text of the Notice of Proposed Rule Making and Notice of

Inquiry is available for inspection and copying during normal business

hours in the Dockets Reference Room, Room 239, 1919 M Street, NW,

Washington, D.C. The full text of this Notice of Proposed Rule Making

and Notice of Inquiry may also be purchased from the Commission's

duplicating contractor, International Transcription Services, 2100 M

Street, NW, Suite 140, Washington, D.C. 20037, (202) 857-3800.

Summary of Notice of Proposed Rule Making and Notice of Inquiry

1. On December 28, 1994, the Commission adopted a Notice of

Proposed Rule Making and Notice of Inquiry in CC Docket No. 94-158, FCC

94-352, proposing changes to rules governing the operator service

providers (OSPs) and call aggregators and soliciting comments

concerning the need to reexamine certain issues relating to OSPs in

correctional institutions and the need to establish a time limit for

updating consumer information posted on or near aggregator telephones.

The proposed rule changes are intended to clarify existing OSP

requirements, and the notice of inquiry examines the need for

additional consumer protection measures.

2. The Commission adopted comprehensive regulations governing the

practices and services of OSPs and the call aggregators with whom they

contract to provide operator services pursuant to the Telephone

Operator Consumer Services Improvement Act of 1990 (TOCSIA). TOCSIA

established rules concerning consumer information, call blocking,

restrictions on certain charges, and equipment capabilities. Further,

the Commission established minimum standards for OSPs to use in routing

and handling emergency telephone calls. Subsequently, with the

Telecommunications Authorization Act of 1992 (TAA), Congress amended

Section 226 (d)(4)(A) to require the Commission to establish minimum

standards for aggregators, as well as OSPs, to use in routing and

handling emergency calls.

3. Section 226(b)(1)(A) of the Communications Act of 1934, as

amended (Act), and Section 64.703(a)(1) of the Commission's rules

(rules) require an OSP to 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. This identification is known

as ``call branding.'' Section 226(a)(4) of the Act and Section

64.708(d) of the Commission's rules define a ``consumer'' as ``a person

initiating any interstate telephone call using operator services.'' The

Commission notes that collect calls involve two parties making choices

and tentatively concludes that both the calling party, who places the

call, and the called party, who must accept the charges in order for

the message portion of the call to begin, cooperatively initiate the

call as ``consumers'' and should each receive a ``brand'' before they

commence their portions of the collect call transaction. Thus, the

Commission proposes to amend Section 64.708(d) of the Commission's

rules to redefine ``consumer'' to that effect and invites interested

parties to comment on this proposed rule change. The Commission

specifically solicits data concerning both the cost of compliance with

this proposed rule change and the ratio of collect calls to all

operator-assisted calls.

4. Section 226(d)(4)(A) of the Act directed the Commission to

prescribe regulations establishing minimum standards for OSPs to use in

routing and handling emergency telephone calls. In the Report and

Order, CC Docket No. 90-313, 56 F R 18519 (April 23, 1991), the

Commission adopted Section 64.706 of the rules to implement this

requirement. This rule currently requires that ``[u]pon 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.'' The TAA amended Section

226(d)(4)(A) of the Act and directed the Commission to establish

minimum standards for aggregators, as well as OSPs, to use in routing

and handling emergency telephone calls. In light of this amendment, the

Commission proposes to modify its rules to require that aggregators be

subject to the same requirements for routing and handling emergency

calls that apply to OSPs. The Commission solicits comment on this

proposed rule change and whether the TAA or sound public policy support

the adoption of additional requirements in order to ensure the prompt

and proper handling of emergency calls from aggregator locations.

5. In the Report and Order in CC Docket No. 90-313, the Commission

examined the question of whether correctional institutions providing

inmate-only telephones should be excluded from the definition of

``aggregator'' and, therefore, exempt from the requirements of TOSCIA

and the Commission's implementing regulations. The Commission concluded

that providing such telephones to inmates presents an ``exceptional set

of circumstances'' that warrant their exclusion from the definition of

``aggregators'' and ruled that inmate-only telephones would not be

subject to the requirements specified by TOCSIA or the implementing

rules. In light of numerous informal complaints, the Commission hereby

initiates a Notice of Inquiry concerning what changes, if any, should

be made to the rules applicable to inmate-only telephones in

correctional institutions. The Commission specifically seeks comment on

the needs of the inmate users, the resources and needs of correctional

institutions in providing inmate telephone service, and whether the

goals of Section 226 of the Act and the public interest have been met

through the current treatment of inmate-only telephones in correctional

institutions.

6. The Commission also seeks comment on whether to require a time

limit for updating consumer information that is posted on aggregator

telephones. Section 226(c)(1)(A) of the Communications Act and Section

64.703(b) of the Commission's rules require that each aggregator 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 [[Page 8219]] 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; and (3) the name and address of the Enforcement

Division of the Common Carrier Bureau of the Commission, to which the

consumer may direct complaints regarding operator services. Neither the

statute nor the Commission's rules specifies when this notice must be

changed to reflect a change in the presubscribed carrier at the

telephone location. In response to reports that some aggregators are

not promptly updating this consumer information to reflect a change in

the presubscribed OSP, the Commission seeks comment on the extent of

this problem, and whether a specific time limit for updating the

consumer information is necessary or desirable.

7. The Commission asserts that this is a non-restricted notice and

comment rule making proceeding. Ex parte presentations are permitted,

except during the Sunshine Agenda period, provided they are disclosed

as provided in Commission rules. See generally 47 CFR Secs. 1.1202,

1.1203, and 1.1206(a).

8. The Commission certifies that the Regulatory Flexibility Act of

1980 does not apply to this rule making proceeding because if the

proposed rule amendments are promulgated, there will not be a

significant economic impact on a substantial number of small business

entities, as defined by Section 601(3) of the Regulatory Flexibility

Act. The Commission has also directed the Secretary to send a copy of

the Notice of Proposed Rule Making and Notice of Inquiry, including the

certification, to the Chief Counsel for Advocacy of the Small Business

Administration in accordance with paragraph 603(a) of the Regulatory

Flexibility Act.

Ordering Clauses

9. Accordingly, pursuant to Sections 1, 4(i), 4(j). 201-205, 218,

226, and 303(r) of the Communications Act, 47 U.S.C. Secs. 151, 154(i),

154(j), 201-205, 218, 226, 303(r), a Notice of Proposed Rule Making and

Notice of Inquiry is issued, proposing amendment of 47 CFR Secs. 64.706

and 64.708(d) as set forth below.

10. Pursuant to Sections 1.415 and 1.419 of the Commission's rules,

47 CFR Secs. 1.415, 1.419, all interested parties may file comments on

the matters discussed in this Notice and on the proposed rules

contained below by March 9, 1995. Reply comments are due by March 24,

1995. All relevant and timely comments will be considered by the

Commission before final action is taken in this proceeding. To file

formally in this proceeding, participants must file an original and

four copies of all comments, reply comments, and supporting comments.

If participants wish each Commissioner to have a personal copy of their

comments, an original plus nine copies must be filed. Comments and

reply comments should be sent to the Office of the Secretary, Federal

Communications Commission, Washington, D.C. 20554. Comments and reply

comments will be available for public inspection during regular

business hours in the Dockets Reference Room (Room 230) of the Federal

Communications Commission, 1919 M Street, NW, Washington, D.C. 20554.

List of Subjects in 47 CFR Part 64

Communications Common Carrier, Telephone.

Federal Communications Commission.

William F. Caton,

Secretary.

Proposed Rules

Part 64 of Title 47 of the Code of Federal Regulations is proposed

to be amended as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

1. The authority citation for Part 64 continues to read as follows:

Authority: Sec. 4, 48 Stat. 1066, as amended, 47 U.S.C. 154,

unless otherwise noted. Interpret or apply secs. 201-4, 218, 225,

226, 227, 48 Stat. 1070, as amended, 1077; 47 U.S.C. Secs. 201, 218,

225, 226, 227, unless otherwise noted.

2. The heading of Subpart G is revised to read as follows:

Subpart G--Furnishing of Enhanced Services and Customer-Premises

Equipment by Communications Common Carriers; Telephone Operator

Services; Pay-Per-Call Services

3. Section 64.706 is revised 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, providers of operator

services and aggregators shall ensure immediate connection of 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.

4. Section 64.708 is amended by revising paragraph (d) to read as

follows:

Sec. 64.708 Definitions.

* * * * *

(d) Consumer means a person initiating any interstate telephone

call using operator services. In collect calling arrangements, both the

party on the originating end of the call and the party on the

terminating end of the call are consumers under this definition;

* * * * *

[FR Doc. 95-3493 Filed 2-10-95; 8:45 am]

BILLING CODE 6712-01-F