§  64.705   Restrictions on charges related to the provision of operator
services.

   (a) A provider of operator services shall:

   (1) Not bill for unanswered telephone calls in areas where equal access
   is available;

   (2) Not knowingly bill for unanswered telephone calls where equal
   access is not available;

   (3) Not engage in call splashing, unless the consumer requests to be
   transferred to another provider of operator services, the consumer is
   informed prior to incurring any charges that the rates for the call may
   not reflect the rates from the actual originating location of the call,
   and the consumer then consents to be transferred;

   (4) Except as provided in paragraph (a)(3) of this section, not bill
   for a call that does not reflect the location of the origination of the
   call; and

   (5) 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.

   (b) An aggregator shall ensure that no charge by the aggregator to the
   consumer for using an “800” or “950” access code number, or any other
   access code number, is greater than the amount the aggregator charges
   for calls placed using the presubscribed provider of operator services.

   (c) The requirements of paragraphs (a)(5) and (b) of this section shall
   not apply to CMRS aggregators and providers of CMRS operator services.

   [ 56 FR 18523 , Apr. 23, 1991, as amended at  63 FR 43041 , Aug. 11, 1998]