[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Rules and Regulations]
[Pages 47118-47119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22402]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 94-158; FCC 99-171]
Operator Services Providers and Call Aggregators.
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Commission's rules to specify a
deadline to update inaccurate information posted on a public phone
about the presubscribed provider of long-distance operator services at
that location. The FCC acted in further implementation of the dual
goals of the Telephone Operator Consumer Services Improvement Act of
1990 (``TOCSIA''). Those are to protect consumers from unfair and
deceptive practices relating 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. The FCC
concluded that, consistent with its obligations to protect consumers
pursuant to that Congressional mandate, it should specify deadlines by
which aggregators must provide accurate information to consumers.
DATES: New Sec. 64.703(c) contains information collection requirements
that are not effective until approved by the Office of Management and
Budget. The FCC will publish a document in the Federal Register
announcing the effective date for that section.
Written comments by the public on the information collections are
due September 29, 1999.
OMB notification of action is due October 29, 1999.
ADDRESSES: Federal Communications Commission, Office of the Secretary,
445 12th Street, S.W., Washington, DC 20554.
Send a copy of any comments that concern information collection
requirements for the new rule adopted in CC Docket No. 94-158 to the
Office of Information and Regulatory Affairs, OMB, Room 3002, New
Executive Office Building, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Adrien Auger, 202-418-0960. For
additional information concerning the information collections contained
in this Report and Order contact Judy Boley at 202-418-0214, or via the
Internet at jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: 1. The Telephone Operator Consumer Services
Improvement Act of 1990 (TOCSIA), codified as Section 226 of the
Communications Act of 1934, 47 U.S.C. 226, requires that call
aggregators post, on or near a payphone or other aggregator location,
the name, address, and toll-free telephone number of the presubscribed
provider of long-distance operator services. The FCC implements the
Section 226 requirements with its rules at 47 CFR 64.703 et seq. Both
Section 226(c)(1)(A) of the Communications Act and Sec. 64.703(b) of
the Commission's rules require call aggregators to post, on or near a
payphone, the name, address, and toll-free telephone number of the
presubscribed long-distance provider of operator services. Neither
Congress nor the FCC previously has specified a deadline by which to
update any change in such information to consumers.
2. In 1995, the Commission sought comment whether it should specify
a time by which aggregators must update information posted on or near
payphones. 60 FR 8217, Feb. 13, 1995. In 1996, the Commission requested
comment on a proposed 30-day deadline that the majority of those who
had commented favored. 61 FR 15 020 Apr. 4, 1996.
3. The Commission has revised 47 CFR part 64, in a Second Report
and Order released July 19, 1999, in CC Docket No. 94-158. The revised
rule provides greater certainty to aggregators and presubscribed
providers of operator services at aggregator locations with regard to
their obligations under Section 226 of the Communications Act. The
Commission's purpose in adopting the new rule is to protect consumers,
ensure their opportunity to make informed choices when placing calls
from public phones, enable them to choose a long-distance carrier of
their choice, and thus further greater price and service competition in
the marketplace.
4. This Report and Order contains new or modified information
collections subject to the Paperwork Reduction Act of 1995 (PRA). It
has been submitted to the Office of Management and Budget (OMB) for
review under the PRA. OMB, the general public, and other federal
agencies are invited to comment on the new or modified information
collections contained in this proceeding. This is a synopsis of the new
information collection requirement. Section 64.703(c) requires that
information that call aggregators must post on or near payphones,
pursuant to Section 226 of the Communication Act of 1934, as amended,
47 U.S.C. 226, be updated as soon as practicable, but no later than 30
days from the time of a change of the presubscribed provider of
operator services.
Paperwork Reduction Act: This Report and Order contains either a
new or modified information collection. The Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and the Office of Management and Budget (OMB) to comment on the
information collections contained in this Order, as required by the
Paperwork Reduction Act of 1995, Public Law No. 104-12. Written
comments by the public on the information collections are due September
29, 1999. OMB notification of action is due October 29, 1999. Comments
should address: (a) Whether the new or modified collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information shall practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents including the use of automated
collection techniques or other forms of information technology.
OMB Approval Number: 3060-0653.
Title: Consumer Information Posting by Aggregators--Sec. 64.703(b)
and (c).
Form No.: N/A.
Type of Review: Revised collection.
Respondents: Businesses or other for profit.
----------------------------------------------------------------------------------------------------------------
No. of Est. time per Total annual
Section/Title responses response burden
----------------------------------------------------------------------------------------------------------------
Sections 64.703(b) and (c)...................................... 56,200 ..............
3.67............................................................ 206,566
----------------------------------------------------------------------------------------------------------------
[[Page 47119]]
Total Annual Burden: 206,566 burden hours
Estimated Costs Per Respondents: $0.
Needs and Uses: Section 64.703(c) establishes a 30-day outer limit
for updating the posted consumer information when an aggregator has
changed the presubscribed operator service provider. This modified
information collection requirement was a response to widespread failure
of aggregators to disclose information necessary for informed consumer
choice in the marketplace.
List of Subjects in 47 CFR Part 64
Communications common carriers, Reporting and recordkeeping
requirements, Telephone.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
1. The authority citation for part 64 continues to read:
Authority: 47 U.S.C. 10, 201, 218, 226, 332, unless otherwise
noted.
2. Section 64.703 is amended by revising paragraph (c) to read as
follows:
Sec. 64.703 Consumer information.
* * * * *
(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.
* * * * *
[FR Doc. 99-22402 Filed 8-27-99; 8:45 am]
BILLING CODE 6712-01-P
