[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