| (a) Purpose. The provisions of this section are intended
to prescribe standards for the information a prepaid calling services
provider must disclose to customers regarding the rates and terms
of service for prepaid calling services offered in this state.
(b) Application. This section applies to any "telecommunications
utility" as defined by §26.5 of this title, relating to Definitions.
This section does not apply to a deregulated company holding a certificate
of operating authority, or to an exempt carrier utility that meets
the criteria of Public Utility Regulatory Act (PURA) §52.154.
This section also does not apply to a credit calling card in which
a customer pays for a service after use and receives a monthly bill
for such use.
(c) Liability. A prepaid calling services company is
responsible for ensuring, either through its contracts with its network
provider, distributors and marketing agents or other means, that:
(1) end-user purchased prepaid calling service remains
usable in accordance with the requirements of this section; and
(2) compliance requirements of all disclosure provisions
of this section are met.
(d) Definitions. The following terms used in this section
have the following meanings, unless the context indicates otherwise:
(1) Access telephone number--The number that allows
a prepaid calling services customer to access the services of a telecommunications
utility to place telephone calls.
(2) Billing increment--A unit of time used to charge
customers for prepaid calling services.
(3) Personal identification number (PIN)--A number
assigned as an authorization code that ensures system security for
a prepaid calling services customer and allows the prepaid calling
services company to track minutes used.
(4) Prepaid calling services account--An amount of
money paid by a customer in advance to access the services of a telecommunications
utility to place telephone calls. When the customer makes completed
telephone calls, the value of the account decreases at a predetermined
rate.
(5) Prepaid calling card--A card or any other device
purchased to establish a prepaid calling services account.
(6) Prepaid calling services--Any telecommunications
transaction in which:
(A) a customer pays in advance for telecommunications
services;
(B) the customer's prepaid calling services account
is depleted at a predetermined rate as the customer uses the service;
and
(C) the customer must use a PIN and an access telephone
number to use the telecommunications services.
(7) Prepaid calling services company--A company that
provides prepaid calling or other telecommunications services to the
public using its own telecommunications network or resold telecommunications
services, or distributors who purchase PINs or telecommunications
services to resell to the end-user customer.
(8) Recharge--A transaction in which the value of the
prepaid calling services account is renewed. The customer must be
informed verbally or electronically of the new rates and surcharges
at the time of recharge.
(9) Surcharge--any fee or cost charged against a prepaid
calling services account in addition to a per-minute rate or billing
increment including connection, payphone, and maintenance fees.
(e) Billing requirements for prepaid calling services.
(1) Billing increments must be defined and disclosed
in the prepaid calling services company's published tariffs or price
list on file with the commission, on any display at the point of sale,
on any prepaid calling card, or on any prepaid calling card packaging.
(2) A prepaid calling services account may be decreased
only for a completed call. Station busy signals and unanswered calls
are not completed calls and must not be charged against the account.
(3) A surcharge must not be levied more than once on
a given call.
(4) Prepaid calling services companies must not reduce
the value of a prepaid calling services account by more than the company's
published domestic tariffs or price list on file with the commission
and any surcharges filed at the commission. Domestic rates and surcharges
must be disclosed at the time of purchase. Current international rates
must be disclosed at the time of purchase with an explanation, if
applicable, that these prices may be subject to change.
(5) The prepaid calling services account may be recharged
by the customer at a different domestic rate from the original domestic
rate or the last domestic recharge rate provided that the new domestic
rate and any domestic or international surcharges conform with the
company's published tariff or price list on file with the commission
at the time of recharge. The customer must be informed of the rates
at the time of recharge. A prepaid calling services company must keep
internal records of changes to its international rates and must provide
customers with the appropriate international rate information through
a toll-free telephone number. International prepaid calling services
rates must be updated annually in accordance with §26.89 of this
title, relating to Information Regarding Rates and Services of Nondominant
Carriers.
(6) Upon verbal or written request, prepaid calling
services companies must be capable of providing a customer the following
call detail data information at no charge:
(A) Dialing and signaling information that identifies
the inbound access telephone number called;
(B) The number of the originating telephone;
(C) The date and time the call originated;
(D) The date and time the call terminated;
(E) The called telephone number; and
(F) The PIN or account number associated with the call.
(7) Prepaid calling services companies must maintain
call detail data records for at least two years.
(f) Written disclosure requirements for all prepaid
calling services.
(1) Information required on prepaid calling cards.
Cards must be issued with all information required by subparagraphs
(A) and (B) of this paragraph in at least the same language in which
the card is marketed. Bilingual cards are permitted provided that
the information required by subparagraphs (A) and (B) of this paragraph
is printed in both languages.
(A) At a minimum, a card must contain the following
information printed in a legible font no smaller than eight-point:
(i) The toll-free number as required by subsection
(i) of this section;
(ii) The maximum rate per minute must be shown for
local, intrastate, and interstate calls. International call prices
must be provided to the customer through a toll-free number printed
on the card. If the cost for a one minute call is higher than the
maximum rate per minute, it must be printed on the prepaid calling
card; and
(iii) The words "VOID" or "SAMPLE" or sequential numbers,
such as "999999999" on both sides of the card if the card was produced
as a "non-active" card so that it is obvious to the customer that
the card is not useable. If the card is not so labeled, the card is
considered active and the issuing company must honor it.
(B) At a minimum, a card must contain the following
information printed in legible font no smaller than five-point:
(i) The value of the card and any applicable surcharges
must be expressed in the same format such as a card whose value is
expressed in minutes must express surcharges in minutes. If the value
of a card is expressed in minutes, the minutes must be identified
as domestic or international and the identification must be printed
on the same line or next line as the value of the card in minutes;
(ii) The prepaid calling services company's name as
registered with the commission. A "doing business as" name may only
be used if officially filed with the commission. The language must
clearly indicate that the company is providing the prepaid calling
services;
(iii) Instructions on using the card correctly; and
(iv) Expiration date or policy, if the card cannot
be used after a date certain. If an expiration date or policy is not
disclosed on the card, it will be considered active indefinitely.
(2) Information required at a point of sale. All the
following information must be legibly printed on or in any packaging
in a minimum eight point font and displayed visibly in a prominent
area at the point of sale so that the customer may make an informed
decision before purchase. Bilingual information may be made available
provided that the information in subparagraphs (A)-(I) of this paragraph
is printed in both languages.
(A) A listing of applicable surcharges;
Cont'd... |
