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 Com-
mittee 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT.
Section 226(h) of the Communications Act of 1934
(47 U.S.C. 226(h)) is amended to read as follows:
‘‘(h) DETERMINATIONS OF RATE COMPLIANCE.—
‘‘(1) FILING OF INFORMATIONAL TARIFF.—Un-
less the Commission has established a billed-party
preference system in accordance with paragraph (3)
and a provider of operator services is in compliance
with such system, such provider of operator services
shall file with the Commission, and shall maintain,
update regularly, and keep open for public inspec-
tion at its principal offices, an informational tariff
specifying rates, terms, and conditions, and includ-
ing any commissions, surcharges, and fees which are
collected from consumers, and reasonable estimates
of the amount of traffic priced at each rate, with re-
spect to calls for which operator services are pro-
vided. Any changes in such rates, terms, or condi-
tions shall be filed no later than the first day on
which the changed rates, terms, or conditions are in
effect.
‘‘(2) REVIEW OF INFORMATIONAL TARIFFS.—
The Commission shall review the informational tar-
iffs filed under paragraph (1) to determine whether
the rates and charges filed appear to be just and
reasonable. If the rates and charges filed by any
provider of operator services under paragraph (1)
appear upon review by the Commission to be unjust
or unreasonable, the Commission shall require such
provider of operator services to demonstrate that its
rates and charges are just and reasonable.
‘‘(3) RULES
GOVERNING
DETERMINATIONS.—
The Commission shall, by rule, prescribe a standard
for rendering determinations under paragraph (2).
Such standard shall consider any such rate or
charge to be unjust and unreasonable if such rate or
charge exceeds whichever of the following the Com-
mission determine is most consistent with the public
interest and the protection of consumers:
‘‘(A) The rate or charge for the same serv-
ice of the dominant common carrier providing
such service.
‘‘(B) The weighted average of the charges
contained in the tariffs filed by other operator
services providers, weighted by traffic volume
among such providers.
The Commission shall, by regulation, define domi-
nant common carrier for purposes of this paragraph.
‘‘(4) INAPPLICABILITY
AFTER
IMPLEMENTA-
TION
OF
BILLED
PARTY
PREFERENCE.—The re-
quirements of this subsection shall not apply to a
provider of operator services if the Commission has
established by regulation, and such provider of oper-
ator services has implemented, a billed-party pref-
erence system that provides automatic routing of
calls to the billed party’s preferred provider of oper-
ator services.’’.
Æ