I

103D CONGRESS

2D SESSION H. R. 4969

To amend the Communications Act of 1934 to limit the rates and charges

that may be imposed on interstate and foreign communications made

through providers of operator services.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 16, 1994

Mr. SCHUMER (for himself, Ms. VELA ́ZQUEZ, Mr. SERRANO, Mrs. LOWEY, and

Mr. OWENS) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Communications Act of 1934 to limit the

rates and charges that may be imposed on interstate

and foreign communications made through providers of

operator services.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENT.

4 Section 226(h) of the Communications Act of 1934

5 (47 U.S.C. 226(h)) is amended to read as follows:

6 ‘‘(h) DETERMINATIONS OF RATE COMPLIANCE.—

7 ‘‘(1) FILING OF INFORMATIONAL TARIFF.—Un8 less the Commission has established a billed-party
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1 preference system in accordance with paragraph (3)

2 and a provider of operator services is in compliance

3 with such system, such provider of operator services

4 shall file with the Commission, and shall maintain,

5 update regularly, and keep open for public inspec6 tion at its principal offices, an informational tariff

7 specifying rates, terms, and conditions, and includ8 ing any commissions, surcharges, and fees which are

9 collected from consumers, and reasonable estimates

10 of the amount of traffic priced at each rate, with re11 spect to calls for which operator services are pro12 vided. Any changes in such rates, terms, or condi13 tions shall be filed no later than the first day on

14 which the changed rates, terms, or conditions are in

15 effect.

16 ‘‘(2) REVIEW OF INFORMATIONAL TARIFFS.—

17 The Commission shall review the informational tar18 iffs filed under paragraph (1) to determine whether

19 the rates and charges filed appear to be just and

20 reasonable. If the rates and charges filed by any

21 provider of operator services under paragraph (1)

22 appear upon review by the Commission to be unjust

23 or unreasonable, the Commission shall require such

24 provider of operator services to demonstrate that its

25 rates and charges are just and reasonable.
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1 ‘‘(3) RULES GOVERNING DETERMINATIONS.—

2 The Commission shall, by rule, prescribe a standard

3 for rendering determinations under paragraph (2).

4 Such standard shall consider any such rate or

5 charge to be unjust and unreasonable if such rate or

6 charge exceeds whichever of the following the Com7 mission determine is most consistent with the public

8 interest and the protection of consumers:

9 ‘‘(A) The rate or charge for the same serv10 ice of the dominant common carrier providing

11 such service.

12 ‘‘(B) The weighted average of the charges

13 contained in the tariffs filed by other operator

14 services providers, weighted by traffic volume

15 among such providers.

16 The Commission shall, by regulation, define domi17 nant common carrier for purposes of this paragraph.

18 ‘‘(4) INAPPLICABILITY AFTER IMPLEMENTA19 TION OF BILLED PARTY PREFERENCE.—The re20 quirements of this subsection shall not apply to a

21 provider of operator services if the Commission has

22 established by regulation, and such provider of oper23 ator services has implemented, a billed-party pref24 erence system that provides automatic routing of
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1 calls to the billed party’s preferred provider of oper2 ator services.’’.

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