§  64.703   Consumer information.

   (a) Each provider of operator services shall:

   (1) Identify itself, audibly and distinctly, to the consumer at the
   beginning of each telephone call and before the consumer incurs any
   charge for the call;

   (2) Permit the consumer to terminate the telephone call at no charge
   before the call is connected;

   (3) Disclose immediately to the consumer, upon request and at no charge
   to the consumer—

   (i) A quotation of its rates or charges for the call;

   (ii) The methods by which such rates or charges will be collected; and

   (iii) The methods by which complaints concerning such rates, charges,
   or collection practices will be resolved; and

   (4) Disclose, audibly and distinctly to the consumer, at no charge and
   before connecting any interstate non-access code operator service call,
   how to obtain the total cost of the call, including any aggregator
   surcharge, or the maximum possible total cost of the call, including
   any aggregator surcharge, before providing further oral advice to the
   consumer on how to proceed to make the call. The oral disclosure
   required in this subsection shall instruct consumers that they may
   obtain applicable rate and surcharge quotations either, at the option
   of the provider of operator services, by dialing no more than two
   digits or by remaining on the line. The phrase “total cost of the call”
   as used in this paragraph means both the variable (duration-based)
   charges for the call and the total per-call charges, exclusive of
   taxes, that the carrier, or its billing agent, may collect from the
   consumer for the call. It does not include additional charges that may
   be assessed and collected without the involvement of the carrier, such
   as a hotel surcharge billed by a hotel. Such charges are addressed in
   paragraph (b) of this section.

   (b) Each aggregator shall post on or near the telephone instrument, in
   plain view of consumers:

   (1) The name, address, and toll-free telephone number of the provider
   of operator services;

   (2) Except for CMRS aggregators, a written disclosure that the rates
   for all operator-assisted calls are available on request, and that
   consumers have a right to obtain access to the interstate common
   carrier of their choice and may contact their preferred interstate
   common carriers for information on accessing that carrier's service
   using that telephone;

   (3) In the case of a pay telephone, the local coin rate for the pay
   telephone location; and

   (4) The name and address of the Consumer Information Bureau of the
   Commission (Federal Communications Commission, Consumer Information
   Bureau, Consumer Complaints—Telephone, Washington, D.C. 20554), to
   which the consumer may direct complaints regarding operator services.
   An existing posting that displays the address that was required prior
   to the amendment of this rules ( i.e., the address of the Common
   Carrier Bureau's Enforcement Division, which no longer exists) may
   remain until such time as the posting is replaced for any other
   purpose. Any posting made after the effective date of this amendment
   must display the updated address ( i.e., the address of the Consumer
   Information Bureau).

   (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.

   (d) Effect of state law or regulation. The requirements of paragraph
   (b) of this section shall not apply to an aggregator in any case in
   which State law or State regulation requires the aggregator to take
   actions that are substantially the same as those required in paragraph
   (b) of this section.

   (e) Each provider of operator services shall ensure, by contract or
   tariff, that each aggregator for which such provider is the
   presubscribed provider of operator services is in compliance with the
   requirements of paragraph (b) of this section.

   [ 56 FR 18523 , Apr. 23, 1991, as amended at  61 FR 14981 , Apr. 4, 1996;
    61 FR 52323 , Oct. 7, 1996;  63 FR 11617 , Mar. 10, 1998;  63 FR 43041 ,
   Aug. 11, 1998;  64 FR 47119 , Aug. 30, 1999;  67 FR 2819 , Jan. 22, 2002]

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