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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
AT&T Corp. )
) File No. EB-00-TC-043
Operator Service Consumer ) NAL/Acct. No. 200132170012
Information Requirements )
)
)
)
CONSENT DECREE
I. INTRODUCTION
1. This Consent Decree is entered into by the Enforcement
Bureau (``Bureau'') of the Federal Communications Commission (the
"FCC" or the "Commission") and AT&T Corp. (``AT&T'' or the
"Company"), by their counsel and authorized representatives.
This Consent Decree resolves an investigation (the
"Investigation") conducted by the Bureau regarding compliance
with the operator service requirements contained in Section
226(b)(1)(C) of the Communications Act of 1934, as amended (the
``Act''), and Section 64.703(a)(3) of the Commission's rules.1
II. BACKGROUND
2. On December 1, 1999, the Enforcement Bureau began an
investigation concerning compliance with the operator service
requirements contained in the Act and the Commission's rules.2
Specifically, the Bureau's field staff investigated, inter alia,
compliance with Section 226(b)(1) of the Act,3 and portions of
section 64.703 of the Commission's rules.4 Over the next three
months, the Bureau's field staff checked compliance at over 1,700
telephones throughout the United States. This information was
compiled and further evaluated by Commission staff in Washington,
D.C.
3. AT&T is a provider of operator services for aggregator
telephones throughout the United States.5 Under Section 226 of
the Act and the Commission's implementing rules, operator service
providers (``OSPs'') must, inter alia, audibly identify
themselves at the beginning of each operator-assisted call and
must also disclose immediately to the consumer, upon request and
at no charge: (1) a quotation of its rates or charges for the
call; (2) the methods by which such rates or charges will be
collected; and (3) the methods by which complaints concerning
such rates, charges, or collection practices will be resolved.6
4. Based on its nationwide investigation, the Bureau
identified possible violations of the Act and of the Commission's
rules regarding operator services. The Bureau contacted AT&T
regarding potential problems with its disclosure of rate and
complaint information to consumers upon request. Throughout the
Investigation, AT&T has cooperated fully with the Bureau.
III. DEFINITIONS
5. For the Purposes of this Consent Decree, the following
definitions shall apply:
(a) The "FCC" or the "Commission" means all Bureaus
and Offices of the Commission, including the
Enforcement Bureau;
(b) ``Bureau'' means the Enforcement Bureau of the Federal
Communications Commission;
(c) "AT&T" or the "Company" means AT&T Corp., its
subsidiaries, and its successors;
(d) "Parties" means AT&T and the Bureau;
(e) ``OSPs'' means providers of operator services, as
defined by the Act and the Commission's rules;7
(f) " Order" means the Order of the Bureau
adopting the terms and conditions of this
Consent Decree;
(g) "Effective Date" means the date on which the
Enforcement Bureau releases the Order.
IV. AGREEMENT
6. AT&T agrees that the Bureau has jurisdiction over the
matters contained in this Consent Decree and the authority to
enter into and adopt this Consent Decree.
7. The Parties agree that the provisions of this voluntary
Consent Decree shall be subject to final approval by the Bureau
by incorporation of such provisions by reference in the Order of
the Bureau adopting this Consent Decree.
8. The Parties agree that this Consent Decree shall become
effective on the date on which the Bureau releases the Order
adopting this Consent Decree. Upon release, the Order adopting
this Consent Decree and this Consent Decree shall have the same
force and effect as any other Order of the Commission, and any
violation of the terms and conditions of this Consent Decree
shall constitute a violation of a Commission Order entitling the
Commission to exercise any and all rights and to seek any and all
remedies authorized by law for the enforcement of a Commission
Order.
9. The Parties agree that this Consent Decree does not
constitute an adjudication on the merits or any finding on the
facts or law regarding any violations of the Act or of the
Commission's rules committed by AT&T. The Parties agree that by
entering into this Consent Decree, the Company does not admit any
legal or equitable liability or any wrongdoing.
10. In express reliance upon the representations contained
herein, the Bureau agrees to terminate its investigation into the
matters regarding AT&T discussed in paragraphs 2 - 4, supra.
11. AT&T agrees to waive any and all rights it may have to
seek administrative or judicial reconsideration, review, appeal
or stay, or to otherwise challenge or contest the validity of
this Consent Decree and the Order adopting this Consent Decree,
provided the Order adopts this Consent Decree without change,
addition, or modification.
12. AT&T waives any rights it may have under any provision
of the Equal Access to Justice Act, 5 U.S.C. § 504, and 47 C.F.R.
§ 1.1501 et seq.
13. AT&T shall make a voluntary contribution to the United
States Treasury in the amount of one hundred five thousand
dollars ($105,000) within 30 days of the Effective Date of this
Consent Decree. Such contribution shall be made, without further
protest or recourse, by certified check, cashier's check, or
money order drawn to the order of the Federal Communications
Commission, and shall be mailed to the Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482,
reflecting account number 200132170012.
14. AT&T shall develop face-to-face retraining for all AT&T
operators in its Call Servicing Centers that will focus on the
requirements of Section 64.703. Specifically, AT&T shall retrain
operators on the quotation of AT&T's rates or charges for a call
upon customer request, the information the operator should give a
customer upon request about how such rates or charges will be
collected, and the information that the operator should give a
customer upon request about the methods by which complaints
concerning rates, charges or collection practices will be
resolved. AT&T shall retrain all operators in its Call Servicing
Centers between October 30 and November 10, 2000.
15. After operator retraining has been completed, AT&T
shall conduct test calls nationwide (100 test calls per month) to
ensure that operators are responding appropriately to customer
requests for rate quote information, how such rates or charges
will be collected and for information about the methods by which
complaints concerning rates, charges or collection practices will
be resolved.
16. AT&T supervisors in the Call Servicing Centers shall
conduct weekly random Service Management Observations to monitor
operators for compliance with the requirements of Section 64.703.
17. The Parties agree that this Consent Decree shall become
effective on the date on which the Order adopting this Consent
Decree is released, and shall remain in effect for two (2) years
after its effective date.
18. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement of the Investigation.
The FCC will not initiate on its own motion any other enforcement
action against AT&T, or seek on its own motion any administrative
or other penalties from the Company, based on any evidence
gathered as part of this Investigation.
19. The Parties agree that if any provision of the Consent
Decree conflicts with any subsequent rule or order adopted by the
Commission, it will be superseded by such Commission rule or
order.
20. If this Consent Decree is not signed by both parties,
is not adopted by the Bureau, or is otherwise rendered invalid by
any court of competent jurisdiction, it shall become null and
void and shall not become part of the record in this enforcement
proceeding, nor may it be used in any fashion by any party in a
legal proceeding.
21. AT&T and the Bureau agree to be bound by the terms and
conditions stated herein.
22. The Parties agree that this Consent Decree may be
signed in counterparts.
FOR THE FEDERAL
COMMUNICATIONS COMMISSION
David H. Solomon
Chief
Enforcement Bureau
AT&T Corp.
_________________________
1 47 U.S.C. § 226(b)(1)(C); 47 C.F.R. §§ 64.703(a)(3), (a)(4).
2 47 U.S.C. § 226 (b)(1)(C); 47 C.F.R. 64.703(a)(3).
3 47 U.S.C. § 226(b)(1) (Requirements for Providers of Operator
Services).
4 47 C.F.R. §§ 64.703(a)(1), (a)(2), (a)(3), (a)(4) (Consumer
Information).
5 ``Operator services'' is defined by the Act and Commission
rules as ``any interstate telecommunications service 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: (1) automatic completion with billing to the
telephone from which the call originated; or (2) completion
through an access code used by the consumer, with billing to an
account previously established with the carrier by the consumer.
'' 47 U.S.C. § 226(a)(7); 47 C.F.R. § 64.708(i). A ``provider
of operator services'' means ``any common carrier that provides
operator services or any other person determined by the
Commission to be a provider of operator services.'' 47 U.S.C. §
226(a)(9); 47 C.F.R. § 64.708(l). An ``aggregator'' is defined
by the Act and the Commission's rules as ``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.'' 47 U.S.C. § 226(a)(2); 47 C.F.R. § 64.708(b).
6 47 U.S.C. § 226(b)(1); 47 C.F.R. § 64.703(a)(3).
7 47 U.S.C. § 226(a)(9); 47 C.F.R. § 64.708(l).