FCC 64.1501 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 64.1501 Definitions.
For purposes of this subpart, the following definitions shall apply:
(a) Pay-per-call service means any service:
(1) In which any person provides or purports to provide:
(i) Audio information or audio entertainment produced or packaged by such
person;
(ii) Access to simultaneous voice conversation services; or
(iii) Any service, including the provision of a product, the charges for
which are assessed on the basis of the completion of the call;
(2) For which the caller pays a per-call or per-time-interval charge that is
greater than, or in addition to, the charge for transmission of the call;
and
(3) Which is accessed through use of a 900 number;
(4) Provided, however, such term does not include directory services
provided by a common carrier or its affiliate or by a local exchange carrier
or its affiliate, or any service for which users are assessed charges only
after entering into a presubscription or comparable arrangement with the
provider of such service.
(b) Presubscription or comparable arrangement means a contractual agreement
in which:
(1) The service provider clearly and conspicuously discloses to the consumer
all material terms and conditions associated with the use of the service,
including the service provider's name and address, a business telephone
number which the consumer may use to obtain additional information or to
register a complaint, and the rates for the service;
(2) The service provider agrees to notify the consumer of any future rate
changes;
(3) The consumer agrees to use the service on the terms and conditions
disclosed by the service provider; and
(4) The service provider requires the use of an identification number or
other means to prevent unauthorized access to the service by nonsubscribers;
(5) Provided, however, that disclosure of a credit, prepaid account, debit,
charge, or calling card number, along with authorization to bill that
number, made during the course of a call to an information service shall
constitute a presubscription or comparable arrangement if an introductory
message containing the information specified in Sec. 64.1504(c)(2) is provided
prior to, and independent of, assessment of any charges. No other action
taken by a consumer during the course of a call to an information service,
for which charges are assessed, can create a presubscription or comparable
arrangement.
(6) Provided, that a presubscription arrangement to obtain information
services provided by means of a toll-free number shall conform to the
requirements of Sec. 64.1504(c).
(c) Calling card means an identifying number or code unique to the
individual, that is issued to the individual by a common carrier and enables
the individual to be charged by means of a phone bill for charges incurred
independent of where the call originates.
[ 61 FR 39087 , July 26, 1996]
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