[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Proposed Rules]
[Pages 8217-8219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3493]
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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
