§  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
   §  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 §  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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