§ 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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