(a) 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) A contract between an operator service provider
(OSP) and a call aggregator for the provision of operator services
through telephones that are intended for public use shall require
that the call aggregator allow access to the operator of a local exchange
company that meets the requirements enumerated in §26.315(d)
of this title (relating to Requirements for Dominant Certificated
Telecommunications Utilities (DCTUs)) and serves the area from which
the call is made, and to other telecommunications utilities unless
otherwise provided in paragraph (3) of this subsection.
(1) The access required by this subsection shall be
provided subject to the conditions contained in subparagraphs (A)
- (C) of this paragraph.
(A) Access to such local exchange company operator
shall be accomplished either:
(i) by directly routing all "0-" calls to the local
exchange company operator, without charge to the caller; or
(ii) by transfer or redirection of the call by the
OSP, without charge to the caller, in accordance with the requirements
of subclauses (I) - (III) of this clause:
(I) the OSP shall transfer or redirect the call to
such local exchange company operator serving the originating area;
(II) the OSP shall transfer or redirect the call to
such local exchange company operator in such a way that the local
exchange company operator receives all signaling information (e.g., ANI and OLS) that would have been
received by the local exchange operator if the call had been directly
routed to the local exchange company; and
(III) the OSP shall be in compliance with the requirements
of §26.321 of this title (relating to 9-1-1 Calls, "0-" Calls,
and End User Choice).
(B) Access to interexchange carriers by "950-XXXX"
and "1-800" numbers shall not be blocked.
(C) Access to interexchange carriers by "1010XXX+0"
(whether "1010XXX+0+" or "1010XXX+0-") dialing shall not be blocked
if the end office serving the originating line has originating line
screening capability. A nonpresubscribed interexchange carrier shall
not bill the call aggregator or the presubscribed interexchange carrier
for local or toll messages originated at the call aggregator's facility
by use of "1010XXX+0" (whether "1010XXX+0+" or "1010XXX+0-") dialing,
or where the calls originated at the call aggregator's facility and
otherwise reached an operator, if the call aggregator has subscribed
to the necessary local exchange company-provided outgoing call screening
or has otherwise provided the necessary call screening to ensure that
appropriate originating line screening is transmitted with each call.
(2) The local exchange company that provides local
service to the call aggregator shall provide to the call aggregator,
upon request, the names, with addresses or telephone numbers, of interexchange
carriers that can be accessed by use of "1010XXX" dialing from the
call aggregator's facilities.
(3) Waivers to the access requirement may be granted
by the commission to prevent fraudulent use of telephone services
or for other good cause. An application under subparagraph (B) of
this paragraph is not required for any generic waiver granted by subparagraph
(A) of this paragraph.
(A) The commission finds that the following generic
waivers of the access requirement are required to prevent fraudulent
use.
(i) Access to interexchange carriers by "1010XXX+0"
(whether "1010XXX+0+" or "1010XXX+0-") dialing may be blocked if the
end office serving the originating line does not have originating
line screening capability.
(ii) Access to interexchange carriers by "1010XXX+1"
dialing may be blocked.
(iii) Access to the local exchange carrier operator
and to other telecommunications utilities from telephones located
in confinement facilities may be blocked.
(B) Applications for waiver of the requirement for
access to the local exchange carrier operator or to other telecommunications
utilities to prevent fraudulent use of telephone service or for other
good cause may be filed by the call aggregator or the OSP. The commission
shall process such applications for waiver using the following criteria
and procedures:
(i) Each application for waiver shall contain a certificate
of service attesting that a copy of the application has been served
upon the Office of Public Utility Counsel and affected telecommunications
utilities, including those identified in paragraph (2) of this subsection
and the local exchange companies serving the affected exchange. If
the application for waiver pertains to technical limitations of certain
equipment, the application for waiver shall contain a certificate
of service attesting that a copy of the application has been served
upon the Office of Public Utility Counsel and all telecommunications
utilities registered with or certificated by the commission. The certificate
shall list the telecommunications utilities on which copies of the
application were served.
(ii) If the application for waiver pertains to technical
limitations of certain equipment, the equipment shall be clearly identified
in the application, including the manufacturer and the model. The
application shall indicate the date of purchase of the equipment by
the call aggregator, the extent to which equipment is available to
allow the access requirements to be met, the associated costs, and
the time requirements associated with equipment modifications.
(iii) The access requirement shall be enforced while
the application for waiver is pending.
(iv) Each application for waiver shall initially be
assigned a project control number, assigned to a presiding officer,
and reviewed administratively.
(I) No later than 30 days after the filing date of
the application, interested persons other than the commission staff
and the Office of Public Utility Counsel may file written comments
or recommendations concerning the application. No later than 60 days
after the filing of the application, the commission staff shall, and
the Office of Public Utility Counsel may, file written comments or
recommendations concerning the application.
(II) Within 90 days of the filing, after administrative
review, the presiding officer shall approve, deny, or docket the application.
The presiding officer may postpone a decision on the application beyond
the 90th day after filing if he or she finds that additional information
is needed to determine whether good cause exists.
(v) A participating party may request, within ten days
of the presiding officer's ruling approving or denying the application,
that the application be docketed, and upon such request, the application
shall be docketed.
(vi) If the presiding officer either approves or denies
the application for waiver and no participating party has requested
that the application be docketed, a copy of the presiding officer's
ruling shall be provided to the commission. The commission may, within
40 days of the presiding officer's ruling, overrule the approval or
denial and order that the request for waiver be docketed.
|