**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File No. EB-00-TC-043        |
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| AT&T Corp.                       | ) | NAL/Acct. No. 200132170012   |
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**ORDER**

**Adopted: October 31, 2000 Released: November 1, 2000**

By the Chief, Enforcement Bureau:

1\. In this Order, we adopt a Consent Decree terminating an informal
investigation by the Enforcement Bureau ("Bureau") into possible
violations by AT&T Corp. ("AT&T") of Section 226(b)(1) of the
Communications Act of 1934, as amended (the "Act"), and Section
64.703(a)(3) of the Commission's rules.[^1]

2\. Section 226(b)(1) of the Act and Section 64.703(a)(3) of the
Commission's rules require operator service providers ("OSPs") such as
AT&T to disclose immediately to consumers, at no charge: (1) a quotation
of its rates or charges for the call; (2) the methods by which such
rates or charges will be collected; (3) the methods by which complaints
concerning such rates, charges, or collection practices will be
resolved; and (4) how to obtain the total cost of the call by dialing no
more than two digits or by staying on the line.[^2]

3\. The enactment of Section 226 and the adoption of our operator
service rules occurred in the wake of considerable consumer
dissatisfaction with the lack of information about OSPs' services, among
other things.[^3] The purpose of TOCSIA is to protect consumers from
"unfair and deceptive practices relating to their use of operator
services to place interstate long distance calls and to ensure that
consumers have the opportunity to make informed choices in making such
calls."[^4]

4\. On December 1, 1999, the Bureau's field staff began an investigation
of aggregator telephones located throughout the United States to
determine compliance with the requirements set forth in the Act and in
the Commission's rules. The field staff investigated, *inter alia*,
possible violations of Section 226(b)(1) of the Act,[^5] and portions of
section 64.703 of the Commission's rules.[^6] The field staff checked
compliance by aggregators and OSPs at over 1,700 telephones.

5\. Based on the evidence gathered in this investigation, the Bureau
approached AT&T regarding possible violations of Section 226(b)(1)(C) of
the Act and Section 64.703(a)(3) of the Commission's rules. The Bureau
reached an agreement with AT&T that will resolve this investigation. The
terms and conditions of the agreement are contained in the attached
executed Consent Decree. Among other things, the Consent Decree
contemplates that AT&T will implement a program to ensure its future
compliance with the Act and the Commission's rules and policies. In
addition, the Consent Decree contemplates that AT&T will make a
voluntary contribution to the United States Treasury in the amount of
\$105,000.

6\. We have reviewed the terms of the Consent Decree and evaluated the
facts before us. In light of AT&T's commitment to be bound by the
various principles set forth in the Consent Decree, we believe that the
public interest would be served by approving the Consent Decree and
terminating the investigation.

7\. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the
Communications Act, 47 U.S.C. § 154(i), and authority delegated by
sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111,
0.311, that the Consent Decree attached hereto IS ADOPTED.

8\. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4).

[^2]: 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4).
    "Operator services" is defined by the Act and our rules as "any
    interstate telecommunications service 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. " 47 U.S.C. § 226(a)(7); 47 C.F.R.
    § 64.708(i). A "provider of operator services" means "any common
    carrier that provides operator services or any other person
    determined by the Commission to be a provider of operator services."
    47 U.S.C. § 226(a)(9); 47 C.F.R. § 64.708(l). An "aggregator" is
    defined by the Act and the Commission's rules as "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." 47 U.S.C. §
    226(a)(2); 47 C.F.R. § 64.708(b).

[^3]: Section 226 is the codification of the Telephone Operator Consumer
    Services Improvement Act of 1990 ("TOCSIA"). Pub. L. No. 101-435,
    104 Stat. 986 (1990).

[^4]: *Policies and Rules Concerning Operator Service Providers*, Order,
    7 FCC Rcd 4014, 4014 (1992).

[^5]: 47 U.S.C. § 226(b)(1) (Requirements for Providers of Operator
    Services).

[^6]: 47 C.F.R. §§ 64.703(a)(1), (a)(2), (a)(3), (a)(4) (Consumer
    Information).