[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15020-15022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8199]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 94-158; FCC 96-75]


Operator Service Providers and Call Aggregators

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission adopted a combined Report and Order and Further 
Notice of Proposed Rule Making which amends the Commission's rules and 
policies governing operator service providers (OSPs) 1 and call 
aggregators.2 In the Further Notice the Commission seeks comment 
on a proposal to amend the Commission's rules to prescribe a thirty-day 
time limit, after the presubscribed OSP has changed, for aggregators to 
update the posted consumer information. The proposed modification is 
intended to provide updated OSP information to consumers and enable 
consumers to make informed choices when placing operator service calls.

    \1\ ``Provider of operator services means any common carrier 
that provides operator services or any other person determined by 
the Commission to be providing operator services.'' 47 C.F.R. 
Sec. 64.708(i).
    \2\ An ``aggregator'' is ``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.'' Id. Sec. 64.708(b).

DATES: Written comments by the public on the Further Notice of Proposed 
Rule Making and the proposed and/or modified information collections 
are due March 26, 1996. Reply comments are due on April 5, 1996. 
Written comments by the Office of Management and Budget (OMB) on the 
proposed and/or modified information collections on or before June 3, 
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1996.

ADDRESSES: In addition to filing comments with the Secretary, a copy of 
any comments on the information collections contained herein should be 
submitted to Dorothy Conway, Federal Communications Commission, Room 
234, 1919 M Street, N.W., Washington, DC 20554, or via the Internet to 
[email protected] and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 
725--17th Street, N.W., Washington, DC 20503 or via the Internet to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Cathy Seidel, Enforcement Division, 
Common Carrier Bureau, (202) 418-0960. For additional information 
concerning the information collections contained in this Further Notice 
of Proposed Rule Making contact Dorothy Conway at 202-418-0217, or via 
the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rule Making in CC Docket No. 94-158 [FCC 96-
75], adopted on February 28, 1996 and released March 5, 1996. The full 
text of the Further Notice of Proposed Rule Making is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, Room 239, 1919 M Street, N.W., Washington, D.C. The 
complete text of this decision may also be purchased from the 
Commission's duplicating contractor, International Transcription 
Services, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037 (202) 
857-3800. This Further Notice of Proposed Rule Making contains proposed 
or modified information collections subject to the Paperwork Reduction 
Act of 1995 (PRA), Pub. L. No. 104-13. It has been submitted to the 
Office of Management and Budget (OMB) for review under Section 3507(d) 
of the PRA. OMB, the general public, and other Federal agencies are 
invited to comment on the proposed or modified information collections 
contained in this proceeding.

Paperwork Reduction Act

    This FNPRM contains either a proposed or modified information 
collection. The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collections 
contained in this FNPRM, as required by the Paperwork Reduction Act of 
1995, Pub. L. No. 104-13. Public and agency comments are due at the 
same time as other comments on this NPRM; OMB comments are due June 3, 
1996. Comments should address: (a) whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    OMB Control Number: 3060-0653.
    Title: Section 64.703(b)--Consumer Information--Posting by 
Aggregators.
    Type of Review: Revision of existing collection.
    Respondents: Business or other for-profit, including small 
business.
    Number of Respondents: 56,200.
    Estimated Time Per Response: 3.67 hours.
    Total Annual Burden: 206,566.
    Estimated Cost Per Respondent: $0.
    Needs and Uses: As required by 47 U.S.C. Sec. 226(c)(1)(A), 47 
C.F.R. section 64.703(b) provides that aggregators (providers of 
telephones to the public or transient users) must post in writing, on 
or near such phones, information about presubscribed operator services, 
rates, carrier access, and the FCC address to which consumers may 
direct complaints. The Commission proposes to modify section 64.703 to 
establish a

[[Page 15021]]
30-day time limit for updating consumer information posting on 
aggregator telephones. This information will be used to provide updated 
OSP information to consumers at aggregator telephones.

Summary of Further Notice of Proposed Rule Making

I. Background

    1. On February 28, 1996, the Commission adopted a combined Report 
and Order and Further Notice of Proposed Rule Making in Docket 94-158 
(released March 5, 1996, FCC 96-75). The Commission adopted the Further 
Notice of Proposed Rule Making in order to seek comment on a proposal 
to establish a 30-day time limit for updating the consumer information 
posting on aggregator telephones.
    2. Section 226(c)(1)(A) of the Communications Act, 47 U.S.C. 
Sec. 226(c)(1)(A), and section 64.703(b) of the Commission's rules, 47 
CFR Sec. 64.703(b), 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 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 OSP at the telephone location.

II. Discussion

    3. In the NOI in CC Docket No. 94-158, 60 FR 08217 (February 13, 
1995), the Commission solicited comment on whether the Commission's 
rules should be amended to prescribe a time limit for updating the 
consumer information posted on or near aggregator telephones in the 
event the presubscribed OSP has changed. Specifically, the Commission 
sought comment on the extent of the problem caused by delays in 
updating the posted consumer information, on whether a specific time 
limit for updating the consumer information is necessary or desirable 
and, if so, what a reasonable limit might be.
    4. The Commission found that the comments support the conclusion 
that a delay exists in updating consumer information and that a Further 
Notice of Proposed Rule Making to establish specific time limits is 
necessary. The Commission noted that the majority of the commenters 
favor a 30-day posting requirement, and that 30 days seems to offer 
payphone owners enough time to make updates during regularly scheduled 
maintenance visits, while providing reasonably current information to 
users.
    5. The Commission stated that the proposed rule was tailored to 
meet the public's need for updated information and the aggregator's 
need to avoid unnecessary service calls to aggregator locations. The 
Commission was not persuaded that an allegation of unauthorized 
conversion of the presubscribed carrier should be an automatic defense 
to a violation of the proposed requirement, but stated that it would 
consider such arguments on a case-by-case basis if the proposed time 
limit was adopted. The Commission, therefore, seeks comment on a rule 
requiring consumer information be updated within 30 days after a 
payphone owner is notified that a PIC change has occurred.

III. Ex Parte Requirements

    6. 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).

IV. Conclusion

    7. With this Further Notice of Proposed Rule Making, the Commission 
seeks additional comment on a rule requiring that consumer information 
on or near aggregator phones be updated within 30 days after a change 
in the presubscribed OSP.

V. Regulatory Flexibility Analysis

    8. 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 Secretary shall send a 
copy of this Further Notice of Proposed Rule Making, 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. See 5 U.S.C. 601 et seq.

VI. Ordering Clauses

    9. It is ordered, pursuant to Sections 1, 4(i), 4(j), 201-205, 218, 
and 226, of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 
154(j), 201-205, 218, 226, that a Further Notice of Proposed Rule 
Making is issued proposing amendment of 47 CFR section 64.703(b) of the 
Commission's rules 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 matter discussed in this Further Notice and on the proposed rule 
contained below by March 26, 1996. Reply comments are due by April 5, 
1996. 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, N.W., Washington, D.C. 20554.
    11. It is further ordered that the Chief of the Common Carrier 
Bureau is delegated authority to require the submission of additional 
information, make further inquiries, and modify the dates and 
procedures if necessary to provide for a more complete record and a 
more efficient proceeding.
    12. It is further ordered that the Secretary shall cause a copy of 
this Further Notice, including the Further Initial Regulatory 
Flexibility Analysis, to be sent to the Chief Counsel for Advocacy of 
the Small Business Administration in accordance with section 603(a) of 
the Regulatory Flexibility Act, 5 U.S.C. 603(a) (1981). The Secretary 
shall also cause a summary of this Further Notice to appear in the 
Federal Register.

List of Subjects in 47 CFR Part 64

    Communication common carriers, Reporting and recordkeeping 
requirements, Telephone.


[[Page 15022]]

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    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. 201, 218, 225, 
226, 227, unless otherwise noted.

    2. Section 64.703(b(1) is proposed to be revised to read as 
follows:


Sec. 64.703  Consumer information.

* * * * *
    (b) * * *
    (1) The name, address, and toll-free telephone number of the 
provider of operator services. This information must be updated within 
30 days of a change in the provider of operator services.

* * * * *

[FR Doc. 96-8199 Filed 4-3-96; 8:45 am]

BILLING CODE 6712-01-P