54-8b-13 - Rules governing operator assisted services.
54-8b-13. Rules governing operator assisted services.
(1) The commission shall make rules to implement the following requirements pertainingto the provision of operator assisted services:
(a) Rates, surcharges, terms, or conditions for operator assisted services shall be providedto customers upon request without charge.
(b) A customer shall be made aware, prior to incurring any charges, of the identity of theoperator service provider handling the operator assisted call by a form of signage placed on ornear the telephone or by verbal identification by the operator service provider.
(c) Any contract between an operator service provider and an aggregator shall containlanguage which assures that any person making a telephone call on any telephone owned orcontrolled by the aggregator or operator service provider can access:
(i) where technically feasible, any other operator service provider operating in therelevant geographic area; and
(ii) the public safety emergency telephone numbers for the jurisdiction where theaggregator's telephone service is geographically located.
(d) No operator service provider shall transfer a call to another operator service providerunless that transfer is accomplished at, and billed from, the call's place of origin. If such atransfer is not technically possible, the operator service provider shall inform the caller that thecall cannot be transferred as requested and that the caller should hang up and attempt to reachanother operator service provider through the means provided by that other operator serviceprovider.
(2) (a) The Division of Public Utilities shall be responsible for enforcing any ruleadopted by the commission under this section.
(b) If the Division of Public Utilities determines that any person, or any officer oremployee of any person, is violating any rule adopted under this section, the division shall servewritten notice upon the alleged violator which:
(i) specifies the violation;
(ii) alleges the facts constituting the violation; and
(iii) specifies the corrective action to be taken.
(c) After serving notice as required in Subsection (2)(b), the division may request thecommission to issue an order to show cause. After a hearing, the commission may imposepenalties and, if necessary, may request the attorney general to enforce the order in district court.
(3) (a) Any person who violates any rule made under this section or fails to comply withany order issued pursuant to this section is subject to a penalty not to exceed $2,000 perviolation.
(b) In the case of a continuing violation, each day that the violation continues constitutesa separate and distinct offense.
(4) A penalty assessment under this section does not relieve the person assessed fromcivil liability for claims arising out of any act which was a violation of any rule under thissection.
Amended by Chapter 324, 2010 General Session