[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Rules and Regulations]
[Pages 30915-30919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12673]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket Nos. 11-116 and 09-158; CC Docket No. 98-170; FCC 12-42]
Empowering Consumers To Prevent and Detect Billing for
Unauthorized Charges (``Cramming''); Consumer Information and
Disclosure; Truth-in-Billing Format
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) adopts rules to help consumers prevent and detect the
placement of unauthorized charges on their telephone bills, an unlawful
and fraudulent practice commonly referred to as ``cramming.'' The rules
amend the Commission's existing Truth-in-Billing (TiB) rules, build on
existing industry efforts to prevent cramming, and apply to wireline
telephone carriers. The fact that the number of complaints received by
the FCC, the Federal Trade Commission, and state agencies remains high
and the widespread nature of cramming are strong evidence that current
voluntary industry practices have been ineffective to prevent cramming
and make clear the need for additional protection for consumers.
DATES: Effective May 24, 2012, except 47 CFR 64.2401 (a)(3) and (f),
which contain modified information collection requirements that have
not been approved by the Office of Management and Budget (OMB). The
Commission will publish a separate document in the Federal Register
announcing the effective date of those sections.
ADDRESSES: Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Lynn Ratnavale, Lynn.Ratnavale@fcc.gov
or (202) 418-1514, or Melissa Conway, Melissa.Conway@fcc.gov or (202)
418-2887, of the Consumer and Governmental Affairs Bureau. For
additional information concerning the Paperwork Reduction Act
information collection requirements contained in document FCC 12-42,
contact Cathy Williams, Federal Communications Commission, at (202)
418-2918, or via email Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order (R&O), FCC 12-42, adopted on April 27, 2012 and
released on April 27, 2012, in CG Docket Nos. 11-116 and 09-158, and CC
Docket No. 98-170. The R&O adopts some of the rules proposed in the
Commission's Notice of Proposed Rulemaking (NPRM), FCC 11-106;
published at 76 FR 52625, August 23, 2011. In the NPRM, the Commission
sought comment on measures to address cramming. Specifically, the
Commission proposed that wireline telephone companies disclose to
consumers information about blocking of third-party charges and place
third-party charges in a separate bill section from all telephone
company charges. The Commission further proposed that wireline and
wireless telephone companies, on their bills and on their Web sites,
notify subscribers that they can file complaints with the Commission,
provide Commission contact information for filing complaints, and
provide a link to the Commission's complaint Web site on their Web
sites. Simultaneously with the R&O, the Commission also issued a
Further Notice of Proposed Rulemaking in CG Docket Nos. 11-116 and 09-
158, and CC Docket No. 98-170. The full text of the R&O and copies of
any subsequently filed documents in this matter will be available for
public inspection and copying via ECFS, and during regular business
hours at the FCC Reference Information Center, Portals II, 445 12th
Street SW., Room CY-A257, Washington, DC 20554. They may also be
purchased from the Commission's duplicating contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street SW., Room CY-B402,
Washington, DC 20554, telephone: (202) 488-5300, fax: (202) 488-5563,
or Internet: www.bcpiweb.com. This document can also be downloaded in
Word or Portable Document Format (PDF) at http://www.fcc.gov/guides/cramming-unauthorized-misleading-or-deceptive-charges-placed-your-telephone-bill. To request materials in accessible formats for people
with disabilities (Braille, large print, electronic files, audio
format), send an
[[Page 30916]]
email to fcc504@fcc.gov or call the Consumer and Governmental Affairs
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Final Paperwork Reduction Act of 1995 Analysis
The R&O contains modified information collection requirements. The
Commission, as part of its continuing effort to reduce paperwork
burdens, will invite the general public to comment on the information
collection requirements contained in the R&O as required by the PRA of
1995, Public Law 104-13 in a separate notice that will be published in
the Federal Register. In addition, the Commission notes that pursuant
to the Small Business Paperwork Relief Act of 2002, Public Law 107-198,
see 44 U.S.C. 3506 (c)(4), the Commission previously sought specific
comment on how it might further reduce the information collection
burden for small business concerns with fewer than 25 employees. In
this present document, the Commission has assessed the potential
effects of the various policy changes with regard to information
collection burdens on small business concerns, and finds that these
requirements will benefit many companies with fewer than 25 employees
because they help address cramming without requiring a specific format
for new disclosures or bill changes. In addition, the Commission has
described the impacts that might affect small businesses, which
includes most businesses with fewer than 25 employees, in the Final
Regulatory Flexibility Analysis.
Synopsis
1. In the R&O, the Commission adopts rules requiring: (1) Wireline
telephone carriers that currently offer blocking of third-party charges
to clearly and conspicuously notify consumers of this option on their
bills, Web sites, and at the point of sale; (2) wireline telephone
carriers that place on their telephone bills charges from third parties
to place non-carrier third-party charges in a distinct bill section
separate from all carrier charges; and (3) wireline telephone carriers
that place on their telephone bills charges from third parties to
provide separate subtotals for carrier and non-carrier charges. These
rules reflect an important step beyond the existing TiB rules by
requiring additional clear and conspicuous disclosures and by requiring
clearer and distinct separation of carrier and non-carrier charges.
Rules To Prevent Cramming From Happening
2. The Commission adopts a rule that wireline carriers clearly and
conspicuously notify--at the point of sale, on each bill, and on their
Web sites--consumers of blocking options they offer. There is
significant record support for this requirement. State and public
interest commenters generally support more consumer disclosure and
education, but question whether disclosure requirements alone are the
most effective means to combat cramming. Carriers urge the Commission
not to adopt any sort of disclosure requirement. The Commission
disagrees with the carriers that generally oppose clear and conspicuous
disclosure of existing blocking options, but affords carriers the
flexibility to implement the requirement in the manner that best
accomplishes the goal of the rule within the context of each carrier's
individual Web site, bill, and point-of-sale scripts. This flexibility
should enable carriers to avoid unnecessary costs while providing
effective disclosures.
Rules To Help Consumers Detect Cramming After It Happens
3. The Commission adopts a rule that wireline carriers that place
on their telephone bills charges from third parties for non-
telecommunications services must place those charges in a distinct
section of the bill separate from carrier charges. Carriers also must
clearly and conspicuously identify and disclose separate subtotals for
charges from carriers and from non-carrier third parties on the payment
page of bills. For consumers who do not receive a paper bill, subtotals
must be clearly and conspicuously displayed in an equivalent location
and in any bill total that is provided to the consumer before the
consumer has the opportunity to access an electronic version of the
bill, such as in a transmittal email message, on a payment portal, or
on a Web page. The Commission believes that these requirements are
critical to enabling consumers to detect the most common types of
unauthorized charges on their telephone bills. Importantly, the rule
does not prohibit carriers from using the same basic format for all
third-party charges, provided the format otherwise complies with
Commission rules. Although a carrier's compliance with the rule will be
determined on a case-by-case basis, a carrier might seek to comply by,
for example, designating ``Part A'' of its bill for carrier charges and
``Part B'' for non-carrier charges. Similarly, a carrier may prefer
``Part A'' for its own charges, ``Part B'' for third-party carrier
charges, and ``Part C'' for non-carrier third-party charges. With clear
and conspicuous labeling of each section of the bill, such formats
likely would comply with the Commission's requirements. The Commission
does not mandate any specific format and carriers have flexibility to
develop their own solutions. This rule does not change carrier billing
for bundled services. This rule is an incremental step forward from the
status quo where many carriers already separate carrier and non-carrier
charges on their bills, but may not place the non-carrier third-party
charges in a distinct bill section or otherwise clearly and
conspicuously differentiate between carrier and non-carrier charges.
Implementation
4. It likely will take carriers longer to make changes to their
billing systems than to provide the required disclosures on Web sites
and at points of sale. Given this and the time it will take to obtain
OMB approval of these rules, the Commission concludes that it is
reasonable to require carriers to implement required changes to their
billing systems within 60 days after publication in the Federal
Register of a notice that OMB approval has been obtained, and to
require carriers to implement required disclosures on their Web sites
and at their points of sale within 15 days after such notice.
Legal Issues
5. Communications Act: Section 201(b) of the Act provides authority
for it to adopt the new rules. This section requires that carrier
practices ``for and in connection with'' telecommunications services
must be just and reasonable. The new rules are an incremental outgrowth
of the TiB rules that have been in place for more than a decade.
Billing for telecommunications services is an integral part of the
provision of telecommunications services.
First Amendment: The new rules do not unconstitutionally burden
carrier speech. Untruthful or misleading commercial speech does not
enjoy First Amendment protections. Nor does misleading speech or speech
concerning unlawful activity raise First Amendment concerns. A
substantial percentage of non-carrier third-party charges are
unauthorized, and many of the unauthorized charges are fabricated or
otherwise fraudulent in violation of state and federal laws.
6. Thus, it appears that a significant percentage of the speech
that the rules target is not protected by the First
[[Page 30917]]
Amendment. Nevertheless, as the rules require speech in the form of
mandatory disclosure and related format requirements, the First
Amendment is implicated. The more lenient Zauderer (Zauderer v. Office
of Disciplinary Counsel, 471 U.S. 626 (1985)) standard rather than the
intermediate Central Hudson (Central Hudson Gas and Electric Corp. v.
Public Service Commission, 447 U.S. 557 (1980)) standard applies to the
rules adopted in the R&O. By giving consumers greater ability to
identify and prevent fraudulent telephone charges, the rules are
``reasonably related'' to the government's interest of preventing
cramming. Therefore, the rules easily satisfy the Zauderer standard.
And, even under the three-part Central Hudson standard, the rules pass
constitutional muster. Under the first part of the Central Hudson test,
the Commission finds a substantial interest in assisting consumers in
detecting and preventing placement of fraudulent, unauthorized charges
on their telephone bills. With respect to the second prong, the rules
advance the government's substantial interest.
7. Finally, the last prong is satisfied because the rules are
proportionate to the substantial interest as an incremental, moderate
approach to the prevention of cramming. The rules are narrowly crafted
so that they are no more extensive than necessary to further the
objective of enhancing the ability of consumers to detect and to
prevent unauthorized charges on their telephone bills, and thus they
satisfy the third prong of Central Hudson.
Final Regulatory Flexibility Analysis
8. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated into FCC 11-106 Notice of Proposed Rulemaking (NPRM). The
Commission sought written public comments on the proposals contained in
the NPRM, including comments on the IRFA. None of the comments filed in
this proceeding were specifically identified as comments addressing the
IRFA; however, comments that address the impact of the proposed rules
and policies on small entities are discussed below. This Final
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Proposed Rules
9. The record confirms that cramming is a significant and ongoing
problem that has affected wireline consumers for over a decade, and
drawn the notice of Congress, states, and other federal agencies. The
substantial volume of wireline cramming complaints that the Commission,
FTC, and states receive underscores the ineffectiveness of voluntary
industry practices and highlights the need for additional safeguards.
Although the Commission has addressed cramming as an unreasonable
practice pursuant to section 201(b) of the Act, there had been no rules
that specifically address this practice. In the R&O, the Commission
adopts measures under the TiB rules to help consumers detect and
prevent the placement of unauthorized charges on their telephone bills.
The rules strike an appropriate balance between maximizing consumer
protection and avoiding imposing undue burdens on carriers and billing
aggregators. These rules avoid imposing the undue burden on consumers
of eliminating third-party billing as a convenient means by which to
receive charges. These rules avoid imposing undue burdens on small
carriers that would raise their billing costs to an extent that would
inhibit their businesses' ability to remain competitive and perhaps
stifle innovation in the marketplace.
10. Blocking is a service many carriers and billing aggregators
already make available to consumers; the new requirements will simply
make the information about blocking more obvious to consumers when they
sign up for telephone service. Requiring a separate section and
separate totals for third-party non-carrier charges will also make it
easier for a consumer to identify the services for which they are
charged without requiring an entirely separate bill or the elimination
of such charges from bills.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
11. There were no comments filed in direct response to the IRFA.
Some commenters, however, raise issues and questions about the impact
the proposed rules and policies would have on small entities.
12. Point of Sale Disclosure of Blocking Options. Although the
state attorneys general, many state public utility commissions, and
public interest commenters generally believe that the Commission should
adopt additional measures to combat cramming, these groups support more
disclosure to and the education of consumers as a general matter. Some
carriers generally oppose clear and conspicuous disclosure of existing
blocking options. They claim that required methods of disclosure would
interfere with bill formatting flexibility, be unnecessary, or be
costly. Nothing in the record convinces the Commission that it will be
unduly burdensome or costly for carriers to implement this
requirement--especially since carriers have the implementation
flexibility they requested--given that that many or most carriers
already offer blocking and notify consumers of blocking options when
consumers dispute unauthorized charges. Thus, many carriers will be
required only to expand their existing notification. Carriers are
afforded the flexibility to implement this requirement in the manner
that best accomplishes the goal of the rule within the context of each
carrier's individual Web site, bill, and point-of-sale scripts. This
flexibility should enable carriers to avoid unnecessary marketing and
billing costs while still providing effective disclosures to their
consumers.
13. Separate Section of Bill for Non-Carrier Third-Party Charges.
The Commission adopts the requirement that where charges for service
providers that are not carriers appear on a telephone bill, the charges
must be placed in a distinct section of the bill separate from all
carrier charges. There is significant support for greater separation of
bill charges. While changes to bill format alone may not be enough to
protect consumers, the requirement should make it easier for consumers
to detect unauthorized charges on their bills that are described so as
to appear to be for a telecommunications service, a common tactic used
to hide unauthorized charges. The rules do not change anything with
respect to billing for bundles.
14. Separate Totals for Carrier and Non-Carrier Charges. The
Commission requires carriers to clearly and conspicuously disclose
separate subtotals for charges from carriers and charges from non-
carrier third parties on the payment page of their bills. For consumers
who do not receive a paper bill, these subtotals must be clearly and
conspicuously displayed in an equivalent location and in any bill total
that is provided to the subscriber before the subscriber has the
opportunity to access an electronic version of the bill, such as in a
transmittal email message or on a Web page. One of the reasons
consumers have difficulty detecting unauthorized charges is that these
charges often are at or near the end of bills. By requiring separate
subtotals on the payment page, which usually is the first page of a
paper bill, the Commission addresses these concerns and guards against
the unintended consequence that the requirement to place non-carrier
third-party charges in
[[Page 30918]]
a distinct section of the bill could be implemented in a way that
exacerbates problems associated with such charges being near the end of
a bill. Requiring separate subtotals on the payment page also helps to
alert consumers that their bill contains non-carrier third-party
charges and that these charges are detailed in a distinct section of
the bill. This requirement also should help consumers to be aware that
their telephone bills may contain non-carrier charges.
Description and Estimate of the Number of Small Entities to Which the
Rules Will Apply
15. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the adopted rules. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. Under the Small Business Act, a ``small business concern'' is one
that: (1) Is independently owned and operated; (2) is not dominant in
its field of operation; and (3) satisfies any additional criteria
established by the Small Business Administration (SBA).
16. Incumbent Local Exchange Carriers (``Incumbent LECs''). Neither
the Commission nor the SBA has developed a small business size standard
specifically for incumbent local exchange services. The appropriate
size standard under SBA rules is for the category Wired
Telecommunications Carriers. Under that size standard, such a business
is small if it has 1,500 or fewer employees. Census Bureau data for
2007, which now supersede data from the 2002 Census, show that there
were 3,188 firms in this category that operated for the entire year. Of
this total, 3,144 had employment of 999 or fewer, and 44 firms had had
employment of 1000 or more. According to Commission data, 1,307
carriers reported that they were incumbent local exchange service
providers. Of these 1,307 carriers, an estimated 1,006 have 1,500 or
fewer employees and 301 have more than 1,500 employees. Consequently,
the Commission estimates that most providers of local exchange service
are small entities that may be affected by the adopted rules and
policies. Thus, under this category and the associated small business
size standard, the majority of these incumbent local exchange service
providers can be considered small.
17. Competitive Local Exchange Carriers (``Competitive LECs''),
Competitive Access Providers (``CAPs''), Shared-Tenant Service
Providers, and Other Local Service Providers. Neither the Commission
nor the SBA has developed a small business size standard specifically
for these service providers. The appropriate size standard under SBA
rules is for the category Wired Telecommunications Carriers. Under that
size standard, such a business is small if it has 1,500 or fewer
employees. Census Bureau data for 2007, which now supersede data from
the 2002 Census, show that there were 3,188 firms in this category that
operated for the entire year. Of this total, 3,144 had employment of
999 or fewer, and 44 firms had had employment of 1,000 employees or
more. Thus under this category and the associated small business size
standard, the majority of these Competitive LECs, CAPs, Shared-Tenant
Service Providers, and Other Local Service Providers can be considered
small entities. According to Commission data, 1,442 carriers reported
that they were engaged in the provision of either competitive local
exchange services or competitive access provider services. Of these
1,442 carriers, an estimated 1,256 have 1,500 or fewer employees and
186 have more than 1,500 employees. In addition, 17 carriers have
reported that they are Shared-Tenant Service Providers, and all 17 are
estimated to have 1,500 or fewer employees. In addition, 72 carriers
have reported that they are Other Local Service Providers. Of the 72,
seventy have 1,500 or fewer employees and two have more than 1,500
employees. Consequently, the Commission estimates that most providers
of competitive local exchange service, competitive access providers,
Shared-Tenant Service Providers, and Other Local Service Providers are
small entities that may be affected by the adopted rules.
18. Billing Aggregators. Neither the Commission nor the SBA has
developed a small business size standard specifically for providers of
billing aggregation services. The appropriate size standard under SBA
rules is for the category Other Telecommunications Services and or Data
Processing, Hosting and Related Services. Under those size standards,
such a business is small if it has revenue of $25 million of less
annually. Based upon the information provided by the commenting billing
aggregators, the Commission estimates that the majority of billing
aggregators are small entities that may be affected by adopted rules.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
19. The rules adopted in the R&O require wireline carriers (1) To
notify subscribers clearly and conspicuously, at the point of sale, on
each bill, and on their Web sites, of the option to block third-party
charges from their telephone bills, if the carrier offers that option;
(2) to place charges from non-carrier third-parties in a bill section
separate from carrier charges; and (3) to clearly and conspicuously
disclose separate subtotals for charges from carriers and charges from
non-carrier third-parties on the payment page of their bills. These
rules may necessitate that some common carriers make changes to their
existing billing formats and/or disclosure materials.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
20. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its approach, which
may include the following four alternatives (among others): ``(1) the
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.''
21. Point of Sale Disclosure of Blocking Options. In the R&O, the
Commission adopts a requirement that carriers notify consumers of their
options to block non-carrier third-party charges from their telephone
bills. Although this requirement imposes some costs on small carriers,
the requirement is limited to disclosure of already existing blocking
options. This limitation significantly reduces the compliance burden.
The Commission concludes that the costs imposed upon carriers are
outweighed by the fact that consumers would be significantly more
protected from crammed charges appearing on their telephone bills.
22. Separate Section of Bill for Non-Carrier Third-Party Charges.
In the R&O, the Commission amends its rules to require that when
service providers that are not carriers appear on a telephone bill, the
charges must be
[[Page 30919]]
placed in a distinct section of the bill separate from all carrier
charges. This rule places some burden on carriers, but the burden is
mitigated because no specific format is mandated. Carriers have
flexibility to develop their own solutions that comply with the rule as
best works for their size and particular billing system, thereby
reducing the burden. The rule will make it much easier for consumers to
identify the charges on their bill that the record suggests are most
likely to be crammed.
23. Separate Totals for Carrier and Non-Carrier Charges. The
Commission requires carriers to clearly and conspicuously disclose
separate subtotals for charges from carriers and charges from non-
carrier third parties on the payment page of their bills. The separate
totals requirement is part-and-parcel of the separate section for non-
carrier third-party charges. The benefit to consumers in making their
bills more clear and usable outweighs the burden on the carrier.
24. The Commission specifically identified two alternatives to the
rules adopted in the R&O for the purpose of reducing the economic
impact on small businesses. First, the Commission considered requiring
all carriers to offer blocking. Second, the Commission considered
requiring a specific bill format. However, the Commission rejected both
of these alternatives because they are more costly to small businesses.
Congressional Review Act
25. The Commission will send a copy of the R&O in a report to be
sent to Congress and the Government Accountability Office pursuant to
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
26. Pursuant to the authority found in sections 1-2, 4, 201,
303(r), and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 151-152, 154, 201, 303(r), and 403, the R&O is adopted.
27. Pursuant to the authority found in sections 4, 201, 303(r), and
403 of the Communications Act of 1934, as amended, 47 U.S.C. 154, 201,
303(r), and 403, the Commission's rules are adopted.
28. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of the R&O, including
the FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 64
Reporting and recordkeeping requirements, Telecommunications,
Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
Subpart Y--Truth-in-Billing Requirements for Common Carriers
0
1. The authority citation for part 64 is amended to read as follows:
Authority: 47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Pub. L.
104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 227, 228, 254(k), 616, and 620 unless otherwise noted.
0
2. Revise the heading for Subpart Y to read as follows:
Subpart Y--Truth-in-Billing Requirements for Common Carriers;
Billing for Unauthorized Charges
0
3. Amend Sec. 64.2400 by revising paragraph (b) to read as follows:
Sec. 64.2400 Purpose and scope.
* * * * *
(b) These rules shall apply to all telecommunications common
carriers and to all bills containing charges for intrastate or
interstate services, except as follows:
(1) Sections 64.2401(a)(2), 64.2401(a)(3), 64.2401(c), and
64.2401(f) shall not apply to providers of Commercial Mobile Radio
Service as defined in Sec. 20.9 of this chapter, or to other providers
of mobile service as defined in Sec. 20.7 of this chapter, unless the
Commission determines otherwise in a further rulemaking.
(2) Sections 64.2401(a)(3) and 64.2401(f) shall not apply to bills
containing charges only for intrastate services.
* * * * *
0
4. Amend Sec. 64.2401 by redesignating paragraph (a)(3) as paragraph
(a)(4), and add new paragraphs (a)(3) and (f) to read as follows:
Sec. 64.2401 Truth-in-Billing Requirements.
(a) * * *
(3) Carriers that place on their telephone bills charges from third
parties for non-telecommunications services must place those charges in
a distinct section of the bill separate from all carrier charges.
Charges in each distinct section of the bill must be separately
subtotaled. These separate subtotals for carrier and non-carrier
charges also must be clearly and conspicuously displayed along with the
bill total on the payment page of a paper bill or equivalent location
on an electronic bill. For purposes of this subparagraph ``equivalent
location on an electronic bill'' shall mean any location on an
electronic bill where the bill total is displayed and any location
where the bill total is displayed before the bill recipient accesses
the complete electronic bill, such as in an electronic mail message
notifying the bill recipient of the bill and an electronic link or
notice on a Web site or electronic payment portal.
* * * * *
(f) Blocking of third-party charges. Carriers that offer
subscribers the option to block third-party charges from appearing on
telephone bills must clearly and conspicuously notify subscribers of
this option at the point of sale, on each telephone bill, and on each
carrier's Web site.
[FR Doc. 2012-12673 Filed 5-23-12; 8:45 a.m.]
BILLING CODE 6712-01-P