[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4969 Introduced in House (IH)]

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. Velazquez, 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.

    Be it enacted by the Senate and House of Representatives 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.--Unless 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 inspection 
        at its principal offices, an informational tariff specifying 
        rates, terms, and conditions, and including any commissions, 
        surcharges, and 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.
            ``(2) Review of informational tariffs.--The Commission 
        shall review the informational tariffs 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 
        Commission determine is most consistent with the public 
        interest and the protection of consumers:
                    ``(A) The rate or charge for the same service 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 dominant common 
        carrier for purposes of this paragraph.
            ``(4) Inapplicability after implementation of billed party 
        preference.--The requirements of this subsection shall not 
        apply to a provider of operator services if the Commission has 
        established by regulation, and such provider of operator 
        services has implemented, a billed-party preference system that 
        provides automatic routing of calls to the billed party's 
        preferred provider of operator services.''.
                                 <all>