§ 226. Telephone operator services
(a)
Definitions
As used in this section—
(1)
The term “access code” means a sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence.
(2)
The term “aggregator” means 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.
(3)
The term “call splashing” means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location.
(4)
The term “consumer” means a person initiating any interstate telephone call using operator services.
(5)
The term “equal access” has the meaning given that term in Appendix B of the Modification of Final Judgment entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82–0192 (United States District Court, District of Columbia), as amended by the Court in its orders issued prior to October 17, 1990.
(6)
The term “equal access code” means an access code that allows the public to obtain an equal access connection to the carrier associated with that code.
(7)
The term “operator services” means any interstate telecommunications service initiated 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—
(b)
Requirements for providers of operator services
(1)
In general
Beginning not later than 90 days after October 17, 1990, each provider of operator services shall, at a minimum—
(A)
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;
(D)
ensure, by contract or tariff, that each aggregator for which such provider is the presubscribed provider of operator services is in compliance with the requirements of subsection (c) of this section and, if applicable, subsection (e)(1) of this section;
(E)
withhold payment (on a location-by-location basis) of any compensation, including commissions, to aggregators if such provider reasonably believes that the aggregator
(i)
is blocking access by means of “950” or “800” numbers to interstate common carriers in violation of subsection (c)(1)(B) of this section or
(ii)
is blocking access to equal access codes in violation of rules the Commission may prescribe under subsection (e)(1) of this section;
(H)
not engage in call splashing, unless the consumer requests to be transferred to another provider of operator services, the consumer is informed prior to incurring any charges that the rates for the call may not reflect the rates from the actual originating location of the call, and the consumer then consents to be transferred; and
(2)
Additional requirements for first 3 years
In addition to meeting the requirements of paragraph (1), during the 3-year period beginning on the date that is 90 days after October 17, 1990, each presubscribed provider of operator services shall identify itself audibly and distinctly to the consumer, not only as required in paragraph (1)(A), but also for a second time before connecting the call and before the consumer incurs any charge.
(c)
Requirements for aggregators
(1)
In general
Each aggregator, beginning not later than 90 days after October 17, 1990, shall—
(A)
post on or near the telephone instrument, in plain view of consumers—
(ii)
a written disclosure that the rates for all operator-assisted calls are available on 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
(d)
General rulemaking required
(1)
Rulemaking proceeding
The Commission shall conduct a rulemaking proceeding pursuant to this subchapter to prescribe regulations to—
(2)
Contents of regulations
The regulations prescribed under this section shall—
(e)
Separate rulemaking on access and compensation
(1)
Access
The Commission,[1] shall require—
(A)
that each aggregator ensure within a reasonable time that each of its telephones presubscribed to a provider of operator services allows the consumer to obtain access to the provider of operator services desired by the consumer through the use of an equal access code; or
(2)
Compensation
The Commission shall consider the need to prescribe compensation (other than advance payment by consumers) for owners of competitive public pay telephones for calls routed to providers of operator services that are other than the presubscribed provider of operator services for such telephones. Within 9 months after October 17, 1990, the Commission shall reach a final decision on whether to prescribe such compensation.
(f)
Technological capability of equipment
Any equipment and software manufactured or imported more than 18 months after October 17, 1990, and installed by any aggregator shall be technologically capable of providing consumers with access to interstate providers of operator services through the use of equal access codes.
(g)
Fraud
In any proceeding to carry out the provisions of this section, the Commission shall require such actions or measures as are necessary to ensure that aggregators are not exposed to undue risk of fraud.
(h)
Determinations of rate compliance
(1)
Filing of informational tariff
(A)
In general
Each provider of operator services shall file, within 90 days after October 17, 1990, and shall maintain, update regularly, and keep open for public inspection, an informational tariff specifying rates, terms, and conditions, and including commissions, surcharges, any fees which are collected from consumers, and reasonable estimates of the amount of traffic priced at each rate, with respect to calls for which operator services are provided. Any changes in such rates, terms, or conditions shall be filed no later than the first day on which the changed rates, terms, or conditions are in effect.
(B)
Waiver authority
The Commission may, after 4 years following October 17, 1990, waive the requirements of this paragraph only if—
(2)
Review of informational tariffs
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 may require such provider of operator services to do either or both of the following:
(3)
Proceeding required
(A)
In general
Within 60 days after October 17, 1990, the Commission shall initiate a proceeding to determine whether the regulatory objectives specified in subsection (d)(1)(A) and (B) of this section are being achieved. The proceeding shall—
(ii)
determine the extent to which offerings made by providers of operator services are improvements, in terms of service quality, price, innovation, and other factors, over those available before the entry of new providers of operator services into the market;
(iii)
report on (in the aggregate and by individual provider) operator service rates, incidence of service complaints, and service offerings;
(B)
Reports
(i)
The Commission shall, during the pendency of such proceeding and not later than 5 months after its commencement, provide the Congress with an interim report on the Commission’s activities and progress to date.
(4)
Implementing regulations
(A)
In general
Unless the Commission makes the determination described in subparagraph (B), the Commission shall, within 180 days after submission of the report required under paragraph (3)(B)(iii), complete a rulemaking proceeding pursuant to this subchapter to establish regulations for implementing the requirements of this subchapter (and paragraphs (1) and (2) of this subsection) that rates and charges for operator services be just and reasonable. Such regulations shall include limitations on the amount of commissions or any other compensation given to aggregators by providers of operator service.
(B)
Limitation
The requirement of subparagraph (A) shall not apply if, on the basis of the proceeding under paragraph (3)(A), the Commission makes (and includes in the report required by paragraph (3)(B)(iii)) a factual determination that market forces are securing rates and charges that are just and reasonable, as evidenced by rate levels, costs, complaints, service quality, and other relevant factors.
(i)
Statutory construction
Nothing in this section shall be construed to alter the obligations, powers, or duties of common carriers or the Commission under the other sections of this chapter.
[1] So in original. The comma probably should not appear.