WPC 2B J Z Courierr5ddd,Oed6X@`7@HP LaserJet 4_230_1HPLAS4.PRS 4d  @Y\oe@26FH#|d@CourierCourier BoldHPLAS4.PRS 4d  @Y\_)^@CourierCourier Bold2XTLE]X01Í ÍX01Í Í<r5ddd,Oed6X@`7@<?xxx,2x6X@`7X@?xxx,)x `7X<R&HHH,,H6X@`7h@2   FCC 94352  ?N< #x6X@`72X@# 3'3'Standard3'3'StandardHPLAS4.PRS 4d   |Before the 0 Federal Communications Commission  ?<FWashington, D.C. 20554 ă  ?6<X` hp x (#%'0*,.8135@8:<known as "call branding."V 7s r5_ -ԍXSee n. 3, supra. (#V Section 226(a)(4) of the Act and  &<Section 64.708(d) of the Commission's rules define a "consumer" as  &x<"a person initiating any interstate telephone call using operator  ? <services."n s r5&-ԍ X47 U.S.C  226(a)(4); 47 C.F.R.  64. 708(d).(#n  (#P<4. OSPs offer collect calling services that raise an  ?H < &<unresolved issue regarding branding.y H s r5- (#M-ԍXFor example, MCI Telecommunications Corporation recently introduced a  (#Z-collect calling service that is initiated by dialing "1800COLLECT." MCI  r5;- (#-identifies itself to the called party who is asked to accept the charges,  (#-but does not brand to the party at the originating end of the call. The  (#-American Telephone and Telegraph Company (AT&T) filed an informal  r50-complaint regarding this service on June 2, 1993. See IC9307605. (#y The question of which party  &<to a collect call should be treated as the "consumer," and is  &x<therefore entitled to branding, was not specifically addressed in  &<Section 226 and the implementing regulations. Section 226,  &<however, directed the Commission to conduct a rule making  &<proceeding to prescribe regulations to ensure that consumers are  &h<protected from unfair and deceptive practices relating to their use  ?< &0<of operator services and to ensure that consumers have the  &<opportunity to make informed choices when placing operator service  ?P<calls.I P s r5- (#-ԍ X47 U.S.C.  226(d)(1)(A), (B); see S. Rep. No. 439, 101st Cong., 2d Sess.  (#-1 (1990)("The purpose of the bill is to protect consumers who make  (#-interstate operator services calls from pay telephones, hotels, and other  (#-public locations against unreasonably high rates and anticompetitive  r5C"- (#-practices."); see also H.R. Rep. No. 213, 101st Cong., 1st Sess. 2 (1989)  (#Z-(The purpose of the bill is "to protect telephone consumers against unfair  (#-prices and practices of some operator service providers (OSPs), yet allow  (#Z-the legitimate companies in the industry the opportunity to compete in the market"). (#I  &<5. Collect calls involve two parties making choices: the calling  &h<party chooses to place a collect call from the particular telephone  &<to the called party, while the called party decides whether to"pn 0*(( "  &<accept the call and thereby incur the charges. It can be argued  &x<that the "consumer" in collect calling situations that is, the  &x<party initiating the call is the person at the originating end  &<of the call, who selects the carrier to use for the call. In some  &h<cases, the caller may be placing the collect call to his or her own  &<home or office number and may be ultimately responsible for the  &<charges from the chosen carrier. On the other hand, it can be  &x<asserted that the collect call is initiated when the called party  &<accepts the charges for the call and, hence, the party paying for  &<the call is the "consumer." In this case, the called party may  &<only wish to accept the charges for calls utilizing particular  & <carriers. 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. Therefore, we tentatively conclude that both  &x<the calling party, who places the call, and the called party, who  &<must accept the charges in order for the message portion of the  &<call to begin, cooperatively initiate the call as consumers and  &<should receive a brand before they commence their portion of the  &h<collect call transaction. Accordingly, we propose to amend Section  &<64.708(d) of the Commission's rules to redefine "consumer" to that  &<effect and invite interested parties to comment on this proposed  ?0< &h<rule change. We specifically solicit data concerning both the cost  &<of compliance with this proposed rule change and the ratio of  ?<collect calls to all operatorassisted calls. gs r5- (#-ԍXThe text of the proposed rules is in the Appendix. In addition to the  (#-proposed substantive changes discussed in this Notice, we propose to  (#Z-modify the title of Subpart G, Part 64 to reflect the operator service and paypercall rules in that subpart.(#g  ?P< B. Section 64.706 Emergency Calls.  ?<  &<6. Section 226(d)(4)(A) of the Act directed the Commission to  &<prescribe regulations establishing minimum standards for OSPs to  ?p< &.<use in routing and handling emergency telephone calls.Up,s r5,-ԍX47 U.S.C.  226(d)(4)(A).(#U In CC  &<Docket No. 90313, the Commission adopted Section 64.706 of the  ?< &><rules to implement this requirement.Os r5+ -ԍX47 C.F.R.  64.706.(#O This rule states that  &<"[u]pon receipt of any emergency telephone call, a provider of  &<operator services shall immediately connect the call to the  &<appropriate emergency service of the reported location of the  &h<emergency, if known, and, if not known, of the originating location  ?< &<of the call. s r5%-ԍ XId.; see Report and Order, 6 FCC Rcd 276567. (#Ƈ The Commission stated that "[o]ur goal in adopting  &h<a minimum standard is to ensure that OSPs receiving emergency calls  &<efficiently route those calls to the appropriate emergency service"xy0*(($"  ?< &.<provider."qs r5X-ԍXReport and Order, 6 FCC Rcd at 2767. (#q The Commission added that it was not necessary to  ?< &x<prescribe more specific rules delineating the responsibilities of  &P<OSPs and that states were free to adopt more stringent  ?X< &<requirements.CX7s r5-ԍXId. (#C On reconsideration, the Commission clarified that  &<OSPs using automated equipment may route emergency calls to a live  ?<operator for handling.ns r5 -ԍXReconsideration Order, 7 FCC Rcd at 3886.(#n  (#<7. As noted above, the TAA amended Section 226(d)(4)(A) of  &h<the Act and directed the Commission to establish minimum standards  &x<for aggregators, as well as OSPs, to use in routing and handling  ?< &<emergency telephone calls.Us r5u-ԍX47 U.S.C.  226(d)(4)(A).(#U In light of this amendment, we propose  &x<to modify our rules to require that aggregators be subject to the  &<same requirements for routing and handling emergency calls that  &h<apply to OSPs. We solicit comment on this proposed rule change and  &<whether the TAA or sound public policy support the adoption of  &<additional requirements in order to ensure the prompt and proper  &<handling of emergency calls from aggregator locations. For  &<example, we seek comment on whether we should require aggregators,  &<such as payphone owners, to program their equipment to recognize  &h<emergency dialing sequences and allow consumers to place such calls without charge.  ?0< (#+ < C. Notice of Inquiry: Treatment of InmateOnly Telephones in  ?<Correctional Institutions.  ?< (#<8. In the Report and Order in CC Docket No. 90313,hs r5-ԍXReport and Order, 6 FCC Rcd at 274952. (#h the  &@<Commission examined the question of whether correctional  &<institutions providing inmateonly telephones should be excluded  &<from the definition of "aggregator" and, therefore, exempt from  & <the requirements of TOCSIA and the Commission's implementing  ?p< &0<regulations. The Commission concluded that providing such  &<telephones to inmates presents an "exceptional set of  &<circumstances" that warrant their exclusion from the definition of  &<"aggregators." Accordingly, the Commission ruled that inmateonly  &<telephones would not be subject to the requirements specified by  ?X<TOCSIA or the implementing rules.KXs r5$-ԍXId. at 2752.(#K  ? <  ?< (# < 9. Since release of the Report and Order, we have received  &<numerous informal complaints regarding inmateonly telephones, and  &h<the matter has been raised by interested members of the public. In"xb 0*(($"  &x<addition, staff members have been informed in various discussions  &x<that inmates are generally restricted to collect calling and that  &h<neither the inmate nor the called party has the option of selecting  &h<the entity that handles the call. The complaints frequently object  &<to high rates charged by the presubscribed carrier for the inmateonly telephones.  ?<  (#0<10. In view of these concerns, we initiate this Notice of  &<Inquiry to invite comment on the changes, if any, that should be  &<made to the rules applicable to inmateonly telephones in  ?< &<correctional institutions.s r5( - (#-ԍ.XIn Policies and Rules Concerning Toll Fraud, CC Doc. No. 93292: Notice  (#M-of Proposed Rule Making, 8 FCC Rcd 8618 (1993), the Commission sought  (#{-comment on measures to address toll fraud problems generally and to  (#-establish a federal policy on liability for charges resulting from toll  (#-fraud. The Commission now seeks comments from interested parties  (#-concerning the risks of toll fraud that might result from changes in our treatment of inmateonly telephones in correctional institutions. (#Ɣ Specifically, we seek comment on the  ?< &<needs of the inmate users; the resources and needs of correctional  & <institutions in providing telephone service for inmates; and  &<whether the goals of Section 226 and the public interest have been  &<met through our current treatment of inmateonly telephones in  ? <correctional institutions. !s r5i- (#Z-ԍXThe Commission is currently considering the merits of an automated "billed  (#-party preference" routing methodology for 0+ interLATA payphone traffic  (#-and for other types of operatorassisted interLATA traffic. Billed Party  (#Z-Preference for 0+ InterLATA Calls, CC Docket No. 9277: Further Notice of  r5-Proposed Rule Making, FCC 94117 (adopted May 19, 1994).(#   ?H < (#< D. Notice of Inquiry: Time Limit for Updating Consumer  ?<Information Posting on Aggregator Telephones.  (#<11. Section 226(c)(1)(A) of the Communications Act and  &<Section 64.703(b) of the Commission's rules require that each  &x<aggregator post on or near the telephone instrument in plain view  &<of consumers: (1) the name, address, and tollfree telephone  &0<number of the provider of operator services; (2) a written  &<disclosure that the rates for all operatorassisted 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  &x<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  &x<the Commission's rules specifies when this notice must be changed  &x<to reflect a change in the presubscribed carrier at the telephone location.  (#<12. The Commission has received reports that some aggregators" 0*((""  &<are not promptly updating this consumer information to reflect a  &<change in the presubscribed OSP. In addition, the New York  ?< &<Consumer Protection Board has requested that the Commission take  ?X< &<action to correct this disclosure problem.Xs r5-ԍSee Letter from Richard M. Kessel, State of New York, State Consumer  (#-Protection Board, to William Caton, FCC Acting Secretary, dated April 14, 1994. Therefore, we seek  &x<comment on the extent of the problem caused by delays in updating  &x<the posted consumer information. We also seek comment on whether  &<a specific time limit for updating the consumer information is  &<necessary or desirable. If so, we invite parties to suggest a  ?@<reasonable limit.   ?< FIV. PROCEDURAL MATTERS  ?` < (# < 13. This is a nonrestricted notice and comment rule making  ?( < &<proceeding. Ex parte presentations are permitted, except during  &h<the Sunshine Agenda period, provided they are disclosed as provided  ? < &<in Commission rules. See generally 47 C.F.R.  1.1202, 1.1203, and 1.1206(a).  (#<14. We certify that 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  ?0< &x<business entities, as defined by Section 601(3) of the Regulatory  &h<Flexibility Act. The Secretary shall send a copy of this Notice of  &<Proposed Rule Making and Notice of Inquiry, 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.  ?<n V. CONCLUSION ă  (#<15. In this Notice of Proposed Rulemaking and Notice of  &<Inquiry, we have outlined our proposals for modifying our operator  &x<service rules pertaining to the branding of collect calls and the  &<treatment of emergency calls by aggregators. Further, we have  &x<sought comment on whether we should modify our current regulatory  &x<treatment of inmateonly telephones in correctional institutions.  &<Finally, we have sought comment on whether the Commission should  &<establish a specific time limit for updating the consumer  & <information that is posted on aggregator telephones when the presubscribed OSP has changed.  ? < KVI. ORDERING CLAUSES  (#<16. Accordingly, pursuant to Sections 1, 4(i), 4(j). 201205,  &x<218, 226, and 303(r) of the Communications Act, 47 U.S.C.  151,  &<154(i), 154(j), 201205, 218, 226, 303(r), a NOTICE OF PROPOSED"#0*(( +"  &h<RULE MAKING AND NOTICE OF INQUIRY IS ISSUED, proposing amendment of  &0<47 C.F.R. Section 64.706 and 64.708(d) as set forth in the Appendix.  (#<17. Pursuant to Sections 1.415 and 1.419 of the Commission's  &x<rules, 47 C.F.R.  1.415, 1.419, all interested parties may file  &<comments on the matters discussed in this Notice and on the  ?x< &<proposed rules contained in the Appendix by [30 days from released  &<date]. Reply comments are due by [45 days from released date].  &0<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  &x<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  &h<the Dockets Reference Room (Room 230) of the Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. ` `   ?0<` `  ,hh^ FEDERAL COMMUNICATIONS COMMISSION  ?< William F. Caton  ?< Acting Secretary "0*((" APPENDIX JPROPOSED RULE CHANGES  ? < (#< It is proposed that Part 64 of Title 47 of the Code of Federal Regulations be 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. 2014, 218, 225,  &G"<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 amended to read as follows:  ?< (#< Subpart G Furnishing of Enhanced Services and Customer &9!<Premises Equipment by Communications Common Carriers; Telephone Operator Services; PayPerCall Services.  ?h< 3. Section 64.706 is amended to read as follows:  ?< &<  64.706 Minimum standards for the routing and handling of emergency telephone calls.  ?< (#0< Upon receipt of any emergency telephone call, providers of  &h<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.  (#0<4. Section 64.708 is amended by revising paragraph (d) to read as follows:  ? <  64.708 Definitions  ?<**** ă  ?x< (#<(d) Consumer means a person initiating any interstate  &<telephone call using operator services. In collect calling  &h<arrangements, 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; ,   X