[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14979-14981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8200]



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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: Final 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 The Report and Order amends the Commission's rules 
to require branding 3 to the parties on both ends of a collect 
call. The Report and Order also amends the Commission's rules to 
establish minimum standards for aggregators to follow in routing and 
handling emergency telephone calls. In addition, the Commission has 
determined that it should not expand the definition of ``aggregator'' 
to apply to inmate-only phones at correctional institutions. The 
Commission also made two minor administrative amendments the rules to 
revise the title of Subpart G to include ``Telephone Operator 
Services'' and to amend the rule that lists the Commission's address to 
be posted at aggregator locations. These decisions are intended to 
increase protection to consumers and provide them with information 
necessary in making informed choices regarding 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 CFR 
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).
    \3\ ``Call branding'' is the process by which an OSP audibly and 
distinctly identifies itself to the consumer who uses its operator 
services. See 47 U.S.C. 226(b)(1)(A); 47 CFR Sec. 64.703(a)(1).

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EFFECTIVE DATE: September 2, 1996.

FOR FURTHER INFORMATION CONTACT: Cathy Seidel, Enforcement Division, 
Common Carrier Bureau, (202) 418-0960.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in CC Docket No. 94-158 [FCC 96-75], adopted February 28, 
1996 and released March 5, 1996. The full text of the Report and Order 
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.

Paperwork Reduction Act

    Public burden for collections of information is estimated to 
average 2

[[Page 14980]]
seconds per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collections of information. 
Send comments regarding this burden estimate or any other aspect of the 
collections of information including suggestions for reducing the 
burden to the Federal Communications Commission, Records Management 
Branch, Paperwork Reduction Project (3060-0666), Washington, D.C. 
20554.

Summary of Report and Order

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 Report and Order amends the 
rules to require branding to the parties on both ends of a collect 
call. Prior rules required only branding to the party initiating an 
operator service call. In addition, as required by the 
Telecommunications Authorization Act of 1992 (TAA),4 the order 
amends Commission rules to establish minimum standards for the routing 
and handling of emergency telephone calls by aggregators. The 
Commission also concluded that it should not expand the definition of 
aggregator to apply to correctional institutions and should make no 
changes in the treatment of entities that provide interstate 
telecommunications services to prisons and other correctional 
facilities. Finally, the Commission determined that it is in the public 
interest to make two minor administrative amendments to Part 64, one to 
expand the title of Subpart G and the other to change a portion of the 
Commission's address which is listed in Section 64.703(b)(3).

    \4\ Pub. L. No. 102-538, 106 Stat. 3533 (1992).
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II. Discussion

A. Section 64.708--Definition of ``Consumer'' When Branding Collect 
Calls
    2. Background and Proposal. Section 226(b)(1)(A) of the Act and 
section 64.703(a)(1) of the Commission's rules require an OSP to 
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.5 This identification is known as ``call 
branding.'' Section 226(a)(4) of the Act and section 64.708(d) of the 
Commission's rules define a ``consumer'' as ``a person initiating any 
interstate telephone call using operator services.'' 6 The 
question of which party to a collect call should be treated as the 
``consumer,'' and is therefore entitled to branding, was not 
specifically addressed in section 226 and the implementing regulations.

    \5\ 47 U.S.C. 226(b)(1)(A); 47 CFR Sec. 64.703(a)(1).
    \6\ 47 U.S.C. 226(a)(4); 47 CFR Sec. 64.708(d).
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    3. After thoroughly considering the comments concerning its 
proposal to expand the definition of a ``consumer'' in the collect 
calling context to include both the calling party and the called party, 
the Commission decided to adopt its proposed amendment. The Commission 
recognized that collect calls involve two parties making choices: the 
calling party chooses to place a collect call from the particular 
telephone to the called party, while the called party decides whether 
to accept the call and thereby incur the charges. Both of these parties 
make decisions that require informed choices, and each may need 
protection from unfair and deceptive OSP practices that may have an 
impact on calling costs and call acceptance.7

    \7\ Section 226 directed the Commission to conduct a rule making 
proceeding to prescribe regulations to ensure that consumers are 
protected from unfair and deceptive practices relating to their use 
of operator services and to ensure that consumers have the 
opportunity to make informed choices when placing operator service 
calls. 47 U.S.C. 226(d)(1)(A), (B).
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    4. Accordingly, the Commission modified section 64.708(d) of the 
Commission's rules concerning the definition of ``consumer'' to add 
that ``[i]n collect calling arrangements handled by a provider of 
operator services, both the party on the originating end of the call 
and the party on the terminating end of the call are consumers under 
this definition.''
B. Section 64.706--Routing and Handling of Emergency Telephone Calls
    5. The Commission also modified section 64.706 of the Commission's 
rules concerning the minimum standards for the routing and handling of 
emergency telephone calls. As revised, this section requires 
aggregators, as well as providers of operator services, to ensure 
immediate connection of the emergency call to the appropriate service 
for the reported location of the emergency, if known, and, if not 
known, for the originating location of the call. As the Commission 
determined in CC Docket No. 90-313, it found here that it is not 
necessary to prescribe more specific rules delineating the 
responsibilities of OSPs and aggregators, and states are free to adopt 
more stringent requirements. The Commission saw no need at this time to 
impose more complex requirements on aggregators handling emergency 
calls than are currently established for operator services providers. 
The Commission noted, however, that responsibility for calls under this 
regulation ultimately remains with the party or parties who actually 
handle and route the calls rather than the parties who merely contract 
out the operation of its telephones.
C. Treatment of Inmate-Only Telephones in Correctional Institutions
    6. The Commission considered the comments concerning modification 
of its regulatory treatment of inmate-only telephones in correctional 
institutions and concluded that changes now would be premature. The 
Commission stated that in view of the ``exceptional'' circumstances 
presented by the correctional environment, which have not changed since 
its Report and Order in CC Docket No. 90-313, 56 FR 18519 (April 23, 
1991), it was not convinced that it should now require these services 
to operate like ones that serve the general public. The Commission 
expressed concern, however, about the apparently high rates that some 
providers charge, which are ultimately borne by members of the general 
public.8 It concluded, however, that action to modify Commission 
rules so as to treat inmate-only phones in correctional institutions as 
aggregator locations was not supported by the record in this 
proceeding.

    \8\ Calls from correctional institutions are usually made on a 
collect basis to family members or other members of the general 
public.
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D. Administrative Amendments: Title of Subpart G, Part 64; Section 
64.703(b)(3)--Commission Address
    7. No comments were filed concerning the Commission's proposal to 
expand the Title of Subpart G, Part 64 to include ``Telephone Operator 
Services.'' The Commission, therefore, found that this amendment is in 
the public interest as a more complete description of the subject 
matter encompassed by Subpart G, Part 64 and adopted the proposal.
    8. The Commission also concluded that amendment of section 
64.703(b)(3) to change a portion of the Commission's address to be 
posted at aggregator locations from ``room 6202'' to ``Mail Stop 
1600A2'' is in the public interest. This change is made necessary by 
the change of the official Enforcement Division address and will allow 
more efficient mail routing. Aggregators should make this address 
change on the posted signage when they next update

[[Page 14981]]
that signage for other purposes, such as for the change of a 
presubscribed OSP. This change is proper without prior public notice 
under 47 CFR section 1.412 and 5 U.S.C. 553(b).

III. Ordering Clauses

    9. Accordingly, it is ordered, pursuant to sections 1, 4(i), 4(j). 
201-205, 218, and 226 of the Communications Act, 47 U.S.C. 151, 154(i), 
154(j), 201-205, 218, 226, that Part 64 of the Commission's Rules, 47 
CFR Part 64, are amended as set forth below.
    10. It is further ordered that this Report and Order will be 
effective sixty (60) days after publication of a summary thereof in the 
Federal Register.

List of Subjects in 47 CFR Part 64

    Communication common carriers, Reporting and recordkeeping 
requirements, Telephone.

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

Rules Changes

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    Part 64 of Title 47 of the Code of Federal Regulations is amended 
as follows:
    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. The title of Subpart G, Part 64 is revised to read as follows:

Subpart G--Furnishing of Enhanced Services and Customer-Premises 
Equipment by Communications Common Carriers; Telephone Operator 
Services

    3. Section 64.703(b)(3) is revised to read as follows:


Sec. 64.703  Consumer information.

* * * * *
    (b) * * *
    (3) The name and address of the Enforcement Division of the Common 
Carrier Bureau of the Commission (FCC, Enforcement Division, CCB, Mail 
Stop 1600A2, Washington, DC 20554), to which the consumer may direct 
complaints regarding operator services.
* * * * *
    4. Section 64.706 is revised to read as follows:


Sec. 64.706  Minimum standards for the routing and handling of 
emergency telephone calls.

    Upon receipt of any emergency telephone call, providers of operator 
services and aggregators shall ensure immediate connection of the call 
to the appropriate emergency service of the reported location of the 
emergency, if known, and, if not known, of the originating location of 
the call.
    5. Section 64.708 is amended by revising paragraph (d) to read as 
follows:


Sec. 64.708  Definitions.

* * * * *
    (d) Consumer means a person initiating any interstate telephone 
call using operator services. In collect calling arrangements handled 
by a provider of operator services, both the party on the originating 
end of the call and the party on the terminating end of the call are 
consumers under this definition.
* * * * *
[FR Doc. 96-8200 Filed 4-3-96; 8:45 am]
BILLING CODE 6712-01-P