§  64.704   Call blocking prohibited.

   (a) Each aggregator shall ensure that each of its telephones
   presubscribed to a provider of operator services allows the consumer to
   use “800” and “950” access code numbers to obtain access to the
   provider of operator services desired by the consumer.

   (b) Each provider of operator services shall:

   (1) 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 paragraphs (a) and (c) of this
   section; and

   (2) Withhold payment (on a location-by-location basis) of any
   compensation, including commissions, to aggregators if such provider
   reasonably believes that the aggregator is blocking access to
   interstate common carriers in violation of paragraphs (a) or (c) of
   this section.

   (c) Each aggregator shall, by the earliest applicable date set forth in
   this paragraph, ensure that any of its equipment presubscribed to a
   provider of operator services allows the consumer to use equal access
   codes to obtain access to the consumer's desired provider of operator
   services.

   (1) Each pay telephone shall, within six (6) months of the effective
   date of this paragraph, allow the consumer to use equal access codes to
   obtain access to the consumer's desired provider of operator services.

   (2) All equipment that is technologically capable of identifying the
   dialing of an equal access code followed by any sequence of numbers
   that will result in billing to the originating telephone and that is
   technologically capable of blocking access through such dialing
   sequences without blocking access through other dialing sequences
   involving equal access codes, shall, within six (6) months of the
   effective date of this paragraph or upon installation, whichever is
   sooner, allow the consumer to use equal access codes to obtain access
   to the consumer's desired provider of operator services.

   (3) All equipment or software that is manufactured or imported on or
   after April 17, 1992, and installed by any aggregator shall,
   immediately upon installation by the aggregator, allow the consumer to
   use equal access codes to obtain access to the consumer's desired
   provider of operator services.

   (4) All equipment that can be modified at a cost of no more than $15.00
   per line to be technologically capable of identifying the dialing of an
   equal access code followed by any sequence of numbers that will result
   in billing to the originating telephone and to be technologically
   capable of blocking access through such dialing sequences without
   blocking access through other dialing sequences involving equal access
   codes, shall, within eighteen (18) months of the effective date of this
   paragraph, allow the consumer to use equal access codes to obtain
   access to the consumer's desired provider of operator services.

   (5) All equipment not included in paragraphs (c)(1), (c)(2), (c)(3), or
   (c)(4) of this section shall, no later than April 17, 1997, allow the
   consumer to use equal access codes to obtain access to the consumer's
   desired provider of operator services.

   (6) This paragraph does not apply to the use by consumers of equal
   access code dialing sequences that result in billing to the originating
   telephone.

   (d) All providers of operator services, except those employing a
   store-and-forward device that serves only consumers at the location of
   the device, shall establish an “800” or “950” access code number within
   six (6) months of the effective date of this paragraph.

   (e) The requirements of this section shall not apply to CMRS
   aggregators and providers of CMRS operator services.

   [ 56 FR 18523 , Apr. 23, 1991, as amended at  56 FR 40799 , Aug. 16, 1991;
    57 FR 34260 , Aug. 4, 1992;  63 FR 43041 , Aug. 11, 1998]

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