[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Rules and Regulations]
[Pages 47118-47119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22402]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 94-158; FCC 99-171]


Operator Services Providers and Call Aggregators.

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to specify a 
deadline to update inaccurate information posted on a public phone 
about the presubscribed provider of long-distance operator services at 
that location. The FCC acted in further implementation of the dual 
goals of the Telephone Operator Consumer Services Improvement Act of 
1990 (``TOCSIA''). Those are to protect consumers from unfair and 
deceptive practices relating to their use of operator services to place 
interstate telephone calls; and to ensure that consumers have the 
opportunity to make informed choices in making such calls. The FCC 
concluded that, consistent with its obligations to protect consumers 
pursuant to that Congressional mandate, it should specify deadlines by 
which aggregators must provide accurate information to consumers.

DATES: New Sec. 64.703(c) contains information collection requirements 
that are not effective until approved by the Office of Management and 
Budget. The FCC will publish a document in the Federal Register 
announcing the effective date for that section.
    Written comments by the public on the information collections are 
due September 29, 1999.
    OMB notification of action is due October 29, 1999.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street, S.W., Washington, DC 20554.
    Send a copy of any comments that concern information collection 
requirements for the new rule adopted in CC Docket No. 94-158 to the 
Office of Information and Regulatory Affairs, OMB, Room 3002, New 
Executive Office Building, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Adrien Auger, 202-418-0960. For 
additional information concerning the information collections contained 
in this Report and Order contact Judy Boley at 202-418-0214, or via the 
Internet at [email protected].

SUPPLEMENTARY INFORMATION: 1. The Telephone Operator Consumer Services 
Improvement Act of 1990 (TOCSIA), codified as Section 226 of the 
Communications Act of 1934, 47 U.S.C. 226, requires that call 
aggregators post, on or near a payphone or other aggregator location, 
the name, address, and toll-free telephone number of the presubscribed 
provider of long-distance operator services. The FCC implements the 
Section 226 requirements with its rules at 47 CFR 64.703 et seq. Both 
Section 226(c)(1)(A) of the Communications Act and Sec. 64.703(b) of 
the Commission's rules require call aggregators to post, on or near a 
payphone, the name, address, and toll-free telephone number of the 
presubscribed long-distance provider of operator services. Neither 
Congress nor the FCC previously has specified a deadline by which to 
update any change in such information to consumers.
    2. In 1995, the Commission sought comment whether it should specify 
a time by which aggregators must update information posted on or near 
payphones. 60 FR 8217, Feb. 13, 1995. In 1996, the Commission requested 
comment on a proposed 30-day deadline that the majority of those who 
had commented favored. 61 FR 15 020 Apr. 4, 1996.
    3. The Commission has revised 47 CFR part 64, in a Second Report 
and Order released July 19, 1999, in CC Docket No. 94-158. The revised 
rule provides greater certainty to aggregators and presubscribed 
providers of operator services at aggregator locations with regard to 
their obligations under Section 226 of the Communications Act. The 
Commission's purpose in adopting the new rule is to protect consumers, 
ensure their opportunity to make informed choices when placing calls 
from public phones, enable them to choose a long-distance carrier of 
their choice, and thus further greater price and service competition in 
the marketplace.
    4. This Report and Order contains new or modified information 
collections subject to the Paperwork Reduction Act of 1995 (PRA). It 
has been submitted to the Office of Management and Budget (OMB) for 
review under the PRA. OMB, the general public, and other federal 
agencies are invited to comment on the new or modified information 
collections contained in this proceeding. This is a synopsis of the new 
information collection requirement. Section 64.703(c) requires that 
information that call aggregators must post on or near payphones, 
pursuant to Section 226 of the Communication Act of 1934, as amended, 
47 U.S.C. 226, be updated as soon as practicable, but no later than 30 
days from the time of a change of the presubscribed provider of 
operator services.
    Paperwork Reduction Act: This Report and Order contains either a 
new 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 Order, as required by the 
Paperwork Reduction Act of 1995, Public Law No. 104-12. Written 
comments by the public on the information collections are due September 
29, 1999. OMB notification of action is due October 29, 1999. Comments 
should address: (a) Whether the new or modified collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information shall 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 Approval Number: 3060-0653.
    Title: Consumer Information Posting by Aggregators--Sec. 64.703(b) 
and (c).
    Form No.: N/A.
    Type of Review: Revised collection.
    Respondents: Businesses or other for profit.

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                                                                      No. of       Est. time per   Total annual
                          Section/Title                              responses       response         burden
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Sections 64.703(b) and (c)......................................                          56,200  ..............
3.67............................................................         206,566
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[[Page 47119]]

    Total Annual Burden: 206,566 burden hours
    Estimated Costs Per Respondents: $0.
    Needs and Uses: Section 64.703(c) establishes a 30-day outer limit 
for updating the posted consumer information when an aggregator has 
changed the presubscribed operator service provider. This modified 
information collection requirement was a response to widespread failure 
of aggregators to disclose information necessary for informed consumer 
choice in the marketplace.

List of Subjects in 47 CFR Part 64

    Communications common carriers, Reporting and recordkeeping 
requirements, Telephone.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    1. The authority citation for part 64 continues to read:

    Authority: 47 U.S.C. 10, 201, 218, 226, 332, unless otherwise 
noted.

    2. Section 64.703 is amended by revising paragraph (c) to read as 
follows:


Sec. 64.703  Consumer information.

* * * * *
    (c) Updating of postings. The posting required by this section 
shall be updated as soon as practicable following any change of the 
carrier presubscribed to provide interstate service at an aggregator 
location, but no later than 30 days following such change. This 
requirement may be satisfied by applying to a payphone a temporary 
sticker displaying the required posting information, provided that any 
such temporary sticker shall be replaced with permanent signage during 
the next regularly scheduled maintenance visit.
* * * * *
[FR Doc. 99-22402 Filed 8-27-99; 8:45 am]
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