| (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
the call aggregator to attach to each telephone set that has access
to the operator service and that is intended for public use, a card
furnished by the OSP that provides:
(1) the name of the OSP;
(2) instructions for accessing the OSP, with a statement
that the OSP will quote rate information upon request at no charge
to the caller, 24 hours a day, seven days a week, or a statement that
instructions for obtaining rate information are available at a designated
toll-free telephone number, 24 hours a day, seven days a week;
(3) instructions for accessing the operator of a local
exchange company that meets the requirements of §26.315(d) of
this title (relating to Requirements for Dominant Certificated Telecommunications
Utilities (DCTUs)), or a statement that instructions for accessing
such local exchange company operator are available at a designated
toll-free telephone number, 24 hours a day, seven days a week, except
local exchange companies meeting the requirements of §26.315(d)
of this title are exempt from this paragraph if the local exchange
company is the OSP for which instructions are posted pursuant to paragraph
(2) of this subsection;
(4) instructions for registering a complaint about
the service at a designated toll-free telephone number;
(5) instructions in English and Spanish for accessing
emergency service; and
(6) a notice that states, "You may use another long
distance carrier. Follow your carrier's instructions, or contact the
local exchange company operator for assistance." or, in the case of
telephones that directly route "0-" calls to the local exchange company
operator, a notice that states, "You may use another long distance
carrier. Follow your carrier's instructions, or dial "0" for assistance."
(The local exchange company referred to in this paragraph must serve
the area and meet the requirements of §26.315(d) of this title.)
The notice required by this paragraph may use the term "local exchange
carrier operator" in place of the term "local exchange company operator."
(c) Notwithstanding subsection (b) of this section,
in the case of pay telephones owned by the DCTU, where the DCTU is
the OSP for intraLATA operator service and another carrier is the
OSP for interLATA operator service, the interLATA OSP shall inform
the DCTU of the appropriate information to be posted, and the DCTU
shall post the information required by subsection (b)(1), (2) and
(4) of this section for the interLATA OSP. In addition, the DCTU shall
post the information required by subsection (b)(5) and (6) of this
section. After initial information cards are posted, DCTUs may file
tariffs to recover from the OSPs presubscribed to pay telephones owned
by the DCTUs the incremental cost for maintaining updated information
cards plus a reasonable contribution.
(d) The commission may approve applications for modification
of the requirements contained in this section upon showing of good
cause. Applications for modification may be filed by the call aggregator
or by the OSP. The commission shall process applications for modification
using the following criteria and procedures:
(1) Each application for modification shall contain
a certificate of service attesting that a copy of the request has
been served upon the Office of Public Utility Counsel.
(2) Each application for modification shall clearly
set forth the good cause for approval of the modification.
(3) Each application for modification shall initially
be assigned a project control number, assigned to a presiding officer,
and reviewed administratively.
(A) 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.
(B) Within 90 days of 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.
(4) Any participating party may request, within ten
days of the presiding officer's order approving or denying the application,
that the application be docketed, and upon such request, the application
shall be docketed.
(5) If the presiding officer either approves or denies
the application for modification 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 application for modification be docketed.
(e) The requirements of this section shall not apply
to telephones located in confinement facilities.
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