(a) Application. This section does not apply to a deregulated
company holding a certificate of operating authority or to an exempt
carrier under Public Utility Act (PURA) §52.154.
(b) Requirements to provide operator service.
(1) An operator service provider (OSP) that provides
end user operator services for a call aggregator through a telephone
that is intended for public use must do so pursuant to a contract
with the call aggregator, as a presubscribed interexchange carrier,
or, in the case of a dominant certificated telecommunications utility
(DCTU), pursuant to a tariff approved by the commission.
(2) Notwithstanding the provisions of paragraph (1)
of this subsection, an OSP that owns or otherwise controls telephones
that are intended for public use shall for those telephones comply
with all provisions of this subchapter otherwise required to be included
in contracts between OSPs and call aggregators, without the necessity
of a contract.
(3) Where a different OSP is presubscribed for operator
services at pay telephones owned by a DCTU, the DCTU shall for those
telephones comply with all provisions of this subchapter otherwise
required to be included in contracts between OSPs and call aggregators.
(4) If a DCTU or presubscribed interexchange carrier
provides operator services through telephones that are intended for
public use, other than those telephones subject to paragraphs (2)
and (3) of this subsection, and pays fees or other forms of compensation
to a call aggregator, the DCTU or presubscribed interexchange carrier
shall do so pursuant to a contract with the call aggregator.
(c) Requirements before call is completed. The provider
of operator services shall:
(1) audibly and distinctly identify itself to the customer
upon answering calls;
(2) audibly and distinctly identify itself to the billed
party if the billed party is different from the caller;
(3) quote rate information at the caller's request,
without charge, 24 hours a day, seven days a week; and
(4) permit the caller to terminate the call at no charge
prior to completion of the call by the OSP.
(d) Requirements for uncompleted call. There shall
be no charge to the caller for any uncompleted call.
(1) No OSP shall knowingly bill for uncompleted calls.
(2) If the OSP cannot determine with certainty that
a call was completed, it shall provide a full credit for any call
of one minute or less upon being informed by a customer that the call
was not completed.
(3) An uncompleted call includes, but shall not be
limited to:
(A) calls terminating to an intercept recording, line
intercept operator, or a busy tone; or
(B) calls that are not answered.
(4) An uncompleted call does not include calls using
busy line interrupt, line status verification, or directory assistance
services.
(e) Requirement to provide access to a live operator.
(1) Each telecommunications utility that provides operator
services shall ensure that a caller may access a live operator at
the beginning of all automated operator-assisted calls through a method
designed to be easily and clearly understandable and accessible to
the caller. This requirement applies only to "0-" calls where the
caller reaches an automated operator. Within 30 days of initially
providing operator services each such telecommunications utility shall
file in the Central Records Office of the commission, for review,
a document describing the method by which the utility is providing
access to a live operator, as provided by the Public Utility Regulatory
Act §55.088.
(2) This subsection applies regardless of the method
by which the telecommunications utility provides the operator service.
(3) The requirements of this subsection shall not apply
to telephones located in confinement facilities.
(f) Call splashing. Call splashing is call transferring
(whether caller requested or OSP initiated) that results in a call
being rated and/or billed from a point different from that where the
call originated. Call splashing shall not be allowed unless a waiver
of the access requirements in §26.319(1)(A) of this title (relating
to Access to the Operator of a Local Exchange Company (LEC)) has been
granted pursuant to §26.319(3) of this title and unless:
(1) the originating OSP first clearly and explicitly
notifies the caller that the call will be splashed and may result
in rating and/or billing of the call from a point different from that
where the call originated; and
(2) the originating OSP allows the caller to abort
the call without charge after notification that the call will be splashed.
(g) Other requirements.
(1) OSPs that are not DCTUs are subject to the requirements
contained in the Public Utility Regulatory Act and the commission's
substantive rules for nondominant telecommunications utilities.
(2) If an OSP provides a local exchange company with
information regarding end-user access to the OCP, the OSP must provide
a single access code; must detail, by NPA-NXX, where the access code
can be used to access the OSP; and must provide the local exchange
company with appropriate instructions for use of the access code.
The OSP is responsible for ensuring that the access code specified
is available for each NPA-NXX listed and for updating the information.
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