From telecom@eecs.nwu.edu Wed Mar 13 21:52:44 1991 Received: from hub.eecs.nwu.edu by gaak.LCS.MIT.EDU via TCP with SMTP id AA23201; Wed, 13 Mar 91 21:52:31 EST Resent-Message-Id: <9103140252.AA23201@gaak.LCS.MIT.EDU> Received: from laidbak by delta.nucsrl.uucp id aa03704; 13 Mar 91 5:52 CST Received: from sun.UUCP by laidbak.i88.isc.com with UUCP (5.64/i88-laidbak/02-07-91) id AA09341; Wed, 13 Mar 91 05:04:36 -0600 Received: from snail.Sun.COM by sun.Eng.Sun.COM (4.1/SMI-4.1) id AA07374; Wed, 13 Mar 91 02:18:54 PST Received: from West.Sun.COM by snail.Sun.COM (4.1/SMI-4.1) id AA01969; Wed, 13 Mar 91 02:18:51 PST Received: from suntan.West.Sun.COM by West.Sun.COM (4.1/SMI-4.1) id AA17518; Wed, 13 Mar 91 02:18:35 PST Received: from nosc.UUCP by suntan.West.Sun.COM (4.1/SMI-4.1-900117) id AA00168; Wed, 13 Mar 91 02:18:33 PST Received: by trout.nosc.mil (5.59/1.27) id AA00503; Tue, 12 Mar 91 22:59:11 PST Message-Id: <9103130659.AA00503@trout.nosc.mil> Received: by crash.cts.com (smail2.5) id AA19930; 12 Mar 91 22:56:01 PST (Tue) Received: by pro-party.cts.com (sendmail 1.8) id cc83189; 12 Mar 91 23:06:30 CST (Tue) Date: Tue, 12 Mar 91 22:57:29 CST From: Blake Farenthold To: telecom%nucsrl.uucp@eecs.nwu.edu Subject: Current Resent-Date: Wed, 13 Mar 91 20:52:02 CST Resent-From: telecom@eecs.nwu.edu Resent-To: ptownson@gaak.LCS.MIT.EDU Status: R In the Matter of: Policies and Rules Concerning Operator Service Providers CC Docket No. 90-313 RM-6767 Adopted: December 13, 1990; Released: December 21, 1990 FURTHER NOTICE OF PROPOSED RULE MAKING By the Commission: I. INTRODUCTION 1. On October 17, 1990, the President signed into law the Telephone Operator Consumer Services Improvement Act of 1990. ^1 The purpose of the Act is "to protect consumers who make interstate operator services calls from pay telephones, hotels, and other public locations against unreasonably high rates and anticompetitive practices." ^2 Under the Act, this Commission must, inter alia, conduct a "general" rule making proceeding to prescribe regulations that will implement statutory provisions and establish certain standards and policies, and a monitoring/reporting proceeding that will ultimately result in three reports to Congress. ^3 We therefore adopt this Further Notice of Proposed Rule Making in order to: (1) "initiate" the general rule making and monitoring/reporting proceedings required by the Operator Services Act; ^4 (2) propose the required rules; (3) invite any additional comments that are necessary beyond those submitted in response to our initial Notice of Proposed Rule Making in CC Docket No. 90-313; ^5 (4) solicit such further information as is necessary to ensure that the objectives of the Act are satisfied; ^6 and (5) declare that, under the Act, the access and payphone compensation issues must be considered in a separate proceeding. ^7 The rules proposed herein shall supplant those proposed in the initial NPRM. II. BACKGROUND 2. We noted in our initial NPRM that, inter alia, the divestiture of AT & T had led to the entry of competitors into the interstate operator services industry that had previously been dominated by the Bell System. ^8 The newer operator service providers (OSPs) are sometimes known as alternative operator service (AOS) companies. AOS companies generally lease lines from telephone carriers and combine these transport elements with their own operator services. Then, like the more traditional OSPs, they enter into contracts to provide operator services to "call aggregators," entities that make telephones available to the public or transient users of their premises. ^9 A caller using an aggregator's telephone will automatically be connected to this "presubscribed" OSP unless an access code ^10 is dialed. 3. This expansion of the operator services industry led not only to a degree of competition among OSPs, but also to "widespread consumer dissatisfaction over the rates and practices of many operator service providers." ^11 One sign of this dissatisfaction was a complaint filed by two consumer advocacy groups against five AOS companies. ^12 In the TRAC Order, the Common Carrier Bureau (Bureau) granted the complaint in part and ordered the defendant companies to, inter alia: (1) provide written information about their services to be posted on or near presubscribed telephones; (2) identify themselves audibly at the beginning of calls, a process known as "call branding"; (3) discontinue the blocking of access to other OSPs; and (4) cease "call splashing" to the extent technically possible. ^13] 4. Shortly after the TRAC Order was released, the National Association of Regulatory Utility Commissioners ("NARUC") filed a petition for rule making, asking us to address a number of issues regarding the practices, policies, and appropriate regulatory treatment of OSPs. ^14 In May 1989, the Bureau issued a Public Notice inviting comments on the NARUC Petition, and a number of responses were filed. 5. On June 14, 1990, this Commission adopted the initial NPRM in CC Docket No. 90-313. In the NPRM, we granted the NARUC Petition to the extent that it sought a broader Commission inquiry into the practices of the operator services industry. ^15 More significantly, we proposed specific rules aimed at solving problems in the industry that had persisted despite previous Commission action. ^16 Besides inviting comments on the rules themselves, we asked interested parties to express their views on a number of related issues that were not the subject of proposed rules. ^17 Parties filed their initial comments by September 7, 1990. 6. Concurrently with the Commission's examination of operator service issues, Congress was considering specific legislative proposals that were intended to curb certain practices in the operator services industry and to preserve a caller's right to just and reasonable rates. During the first week of October 1990, Congress passed the Operator Services Act, which the President signed into law shortly thereafter. Following passage of the Act, the Bureau issued an order that extended the date for filing reply comments in CC Docket No. 90- 313 and that asked parties who intended to file reply comments to discuss the effects of the Act on that proceeding. ^18 In addition, the Bureau released a public notice dealing with the Act's informational tariff filing requirements. ^19 The notice described who must file such tariffs and the information that the tariffs must contain. ^20 It also established filing procedures and set out the format with which the tariffs must conform. III. DISCUSSION 7. After considering both the text of the Operator Services Act and the reply comments filed in CC Docket No. 90-313, ^21 we conclude that it is necessary to adopt a Further NPRM in this docket. We think such action is required for several reasons. A. The General Rule Making Proceeding 8. First, Section 226(d) ^22 of the Act directs the Commission to "initiate" a general rule making proceeding to prescribe the regulations described by the Act. ^23 This Further NPRM will serve to formally "initiate" the general proceeding. In addition, our original proposed rules are not, in all respects, identical to the requirements of the Act. Hence, in order to ensure that the Act is satisfied by this rule making proceeding, we are adopting this Further NPRM to propose new, comprehensive rules that are modeled directly on the text of the Act. ^24 These new rules will supersede those proposed in the initial NPRM. For the most part, however, the rationale for each new proposed rule will be similar to the rationale set out for the analogous rule in the initial NPRM, and we will not repeat that discussion here. 9. We therefore seek comment on the new proposed rules contained in Appendix B and ask that interested parties pay special attention in their comments to provisions that differ significantly from the rules proposed in the initial NPRM. We wish to emphasize, however, that parties need not repeat the views contained in their previously submitted comments. We intend to give full consideration to all relevant comments, including those filed during the initial stages of this proceeding. 10. Several of the new proposed rules depart somewhat from the treatment given the same topics in the initial NPRM. For example, the new rules would require double branding ^25 and the posting of the address of the Bureau's Enforcement Division on or near aggregator telephones, ^26 while the earlier proposed rules required only single branding and did not require the latter posting. The new rules also prohibit OSPs from charging for most unanswered calls ^27 and aggregators from placing a higher surcharge on access code calls than on calls using the presubscribed OSP, ^28 topics on which we did not originally propose rules. Further, the new rules would only prohibit, as the Act does, the blocking of 800 and 950 access, ^29 while the original proposed rules would have prohibited 10XXX blocking as well. ^30 At the same time, the new rules, like the Act, require only new aggregator equipment to have the 10XXX access capability; ^31 we originally proposed that both new and existing equipment be required to have this capability. We have also proposed a definition section, ^32 which we did not do in the initial NPRM, and a somewhat different splashing rule ^33 based on the Act. 11. In addition, the Operator Services Act specifically requires us to adopt regulations that establish: (1) minimum standards for OSPs to use in the routing and handling of emergency calls; ^34 and (2) a policy for requiring OSPs to make public information about recent changes in operator services and choices available to consumers in that market. ^35 Neither of these subjects was discussed at length in the initial NPRM. 12. We noted in the NPRM that NARUC had recommended in its rule making petition that we consider adopting nationwide standards for the handling of emergency calls by OSPs. ^36 The purpose of such standards would be to ensure that emergency calls are efficiently routed to the appropriate local public safety organization. In response to NARUC's recommendation, we simply requested comment on the topic rather than proposing a rule, explaining that we have traditionally deferred to the states in this area because of the local nature of such calls. Given the requirements of the Operator Services Act, however, we now propose and seek comment on a specific rule, Section 64.706, that sets out a minimum standard for the routing and handling of emergency calls by OSPs. While we have suggested in the proposed rule that only calls made via an "emergency" dialing sequence (e.g., "0," "911") be covered by the rule, we seek comment on whether it is possible for an OSP to receive emergency calls that are initiated in some other way. We also tentatively conclude that when an OSP connects a call to the "appropriate emergency service of the call's originating location," the call must be routed not only to the proper type of service, such as a fire department, but also to the service that serves the caller's location. For example, it would not be appropriate to route a call to an urban fire department when a caller is actually in a suburban locale. 13. We also seek comment on our proposed rule concerning public dissemination of information by OSPs, Section 64.707. As a matter of policy, we find that it is essential for participants in the operator services industry to communicate with the interested public. Regular publication of the described materials will help to ensure that "consumers have the opportunity to make informed choices" ^37 when placing interstate calls. Under this proposed rule, we would expect an OSP to make available, upon request, written information that describes not only its own services and recent changes in those services, but also the services and trends in the industry as a whole. In addition, the information must include descriptions of any recent changes in the choices available to consumers in the operator services market and the methods by which they may exercise those choices. Unlike the reporting they would provide as to their own services, however, we do not intend that OSPs be required to publish lengthy details about their competitors' rates and services. Instead, we contemplate the publication of generic descriptions of any recent innovations in services and consumer choices. We specifically seek comment on how detailed this information must be to satisfy Section 226(d)(4)(B) of the Act, which is the statutory basis of our proposed rule. B. CC Docket No. 90-313--Phase II 14. Next, this Further NPRM will serve to initiate the proceeding required by Section 226(h)(3) of the Act, which directs the Commission to "initiate" a proceeding to determine whether the regulatory objectives specified in Section (d)(1) are being achieved. Those provisions of the Act seek, first, to ensure that consumers are protected from unfair and deceptive practices relating to their use of operator services to place interstate calls and, second, to ensure that consumers have the opportunity to make informed choices in making such calls. Toward that end, the Act directs the Commission to (1) monitor operator service rates (Section 226(h)(3)(A)(i)); (2) determine the extent to which offerings made by providers of operator services improve operator services in various respects (Section 226(h)(3)(A)(ii)); (3) report on operator service rates, incidence of complaints, and service offerings (both in the aggregate and with respect to particular OSPs) (Section 226(h)(3)(A)(iii)); (4) consider the effect of commissions and various other costs of doing business on the rates operator service providers charge consumers (Section 226(h)(3)(A)(iv)); and (5) monitor compliance with the Act, including the periodic placement of telephone calls from aggregator locations (Section 226(h)(3)(A)(v)). Section 226(h)(3)(B) directs the Commission to report on the progress of this proceeding 5, 11, and 23 months after its initiation. 15. The Operator Services Act does not direct that the proceeding required by Section 226(h)(3) be separate from other proceedings that Congress has instructed us to initiate. Indeed, because the purpose of the proceeding required by Section 226(h)(3) is to determine whether the regulatory objectives specified in Section 226(d) are being achieved, we conclude that administrative efficiency dictates that we conduct the two proceedings jointly in the same docket, with issues raised by Section 226(h)(3) being designated "Phase II." Therefore, we seek comment in this docket on the proposed reporting requirements outlined below and on other issues raised by Section 226(h)(3). ^38 16. In order to monitor and report on certain aspects of the operator services industry as required by Section 226(h)(3)(A) and (B), we conclude that we will need information beyond that provided by the informational tariffs that OSPs will file under Section 226(h)(1). Hence, we now propose that OSPs be required to file additional information with the Common Carrier Bureau. This information, which is described below, would have to be filed not later than 6, 9, 15, and 21 months after release of this Further NPRM. 17. First, pursuant to Section 226(h)(3)(A)(i) and (iii), we propose that OSPs subject to the terms of the Act be required to submit compilations of their rates at each of the intervals noted above. We tentatively conclude that each report should state the percentage change in each rate element since January 1, 1991, or since the date of the last report, whichever is more recent. ^39 18. Next, pursuant to Section 226(h)(3)(A)(iii), we propose to require each OSP to file, at the intervals noted above, a statement of the number of complaints each OSP has received each month since January 1, 1991 or since the date of its last report, whichever is more recent. This statement should include both complaints received directly from consumers and complaints filed with this Commission or other governmental bodies and should indicate the incidence of complaints, i.e., the number of complaints received divided by the number of calls attempted by consumers during each month covered by the report. We recognize that in many instances it may not be clear whether consumers are complaining about interstate or intrastate calls. Accordingly, we propose that the reports cover all complaints. The reports should, when possible, indicate the actual numbers of interstate and intrastate complaints and the percentages of total complaints that those numbers represent. If and only if such a distinction cannot be made, the reports should include the total number of complaints and an estimate of the percentage of complaints that relate to interstate calling. The reports should also classify and quantify the complaints using the following categories: (1) rate charged; (2) blocking of access to carriers other than the presubscribed one; (3) call splashing; (4) call quality; (5) failure to comply with other statutory requirements or FCC rules; and (6) other complaints. We seek comment on these categories. 19. Section 226(h)(3)(A)(iv) requires the Commission to consider the effect that commissions, surcharges, billing and validation costs, and other costs of doing business will have on the overall rates charged to consumers. Therefore, we also propose to require OSPs to file certain cost data in order to provide a record of the effect of various costs on the overall rates that consumers pay for operator services, as required by this section. Specifically, we propose to require OSPs to state their total capital investment, total expenses, and total revenue for the period from January 1, 1991 to the date of each report. Reports of expenses should separately state the amounts of commissions and surcharges that OSPs pay as well as their costs for billing and validation, total salaries and other benefits to officers and employees, and all other expenses. 20. In addition to comments on the proposed reporting requirements outlined above, we solicit comment on the matters raised by Section 226(h)(3)(A)(ii) and Section 226(h)(3)(A)(v). Specifically, commenters should address the extent to which service offerings made by operator service providers are improvements, in terms of service quality, price, innovation, and other factors, over those available before the entry of new providers of operator services into the market. Commenters are also invited to discuss how we can best monitor compliance with the provisions of Section 226 of the Act, as required by Section 226(h)(3)(A)(v), for purposes of submitting the reports to Congress required by Section 226(h)(3)(B). Commenters should specifically discuss methods by which the Commission may comply with the requirement of Section 226(h)(3)(A)(v) of "periodic placement of calls from aggregator locations." ^40 C. Access and Compensation Issues 21. In our initial NPRM, we proposed a rule prohibiting the blocking of 10XXX access, and most parties filed detailed comments on that issue. Some parties also commented on the need for us to prescribe compensation for owners of competitive public pay telephones for calls not routed through the presubscribed OSP. While a record on these issues exists in the present proceeding, the Operator Services Act clearly directs us to conduct a "[s]eparate" rule making on access and compensation issues. ^41 We therefore conclude that the access and payphone compensation issues should not be addressed in this proceeding and that the record established to date on these issues will be made a part of the later separate proceeding. IV. PAPERWORK REDUCTION ACT 22. The proposal contained herein has been analyzed with respect to the Paperwork Reduction Act of 1980 and found to impose a new or modified information collection requirement on the public. Implementation of any new or modified requirement will be subject to approval by the Office of Management and Budget as prescribed by the Act. V. FURTHER INITIAL REGULATORY FLEXIBILITY ANALYSIS 23. Reason for action. The Commission is issuing this Further Notice of Proposed Rule Making to provide an opportunity for public comment and to provide a record for a Commission decision on the issues stated above. 24. Objectives. The objective of this Further Notice of Proposed Rule Making is to initiate a proceeding to prescribe regulations that protect consumers from unfair and deceptive practices related to their use of operator services to place interstate telephone calls and that ensure that consumers have the opportunity to make informed choices in making such calls. 25. Legal basis. Sections 1, 4(i), 4(j), 201-205, 218, 226, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. ss 151, 154(i), 154(j), 201- 205, 218, 226, 303(r). 26. Description, potential impact, and number of small entities affected. The proposed rules will require that entities in the operator services industry provide information that is necessary for consumers to make knowledgeable choices among services. The rules will also help to eliminate certain practices and charges that reduce consumer choice and competitiveness within the industry. Small entities may feel some economic impact due to the proposed information posting and reporting requirements. 27. Reporting, recordkeeping, and other compliance requirements. The proposed rules require reporting in the form of the disclosure by operator service providers and call aggregators to their customers of certain information regarding their identities, their services, and the options customers have in using those services. In addition, the Further NPRM seeks comment on whether the Commission should impose certain reporting requirements to provide information for use in the proceeding necessitated by Section 226(h)(3) of the Operator Services Act, 47 U.S.C. s 226(h)(3). 28. Federal rules which overlap, duplicate, or conflict with the Commission's proposal. None. 29. Any significant alternatives minimizing impact on small entities and consistent with stated objectives. We shall consider any alternatives suggested in comments that are consistent with the requirements of the Operator Services Act. 30. Comments are solicited. We request written comments on this Further Initial Regulatory Flexibility Analysis. These comments must be filed in accordance with the same filing deadlines set for comments on the other issues in this Further Notice of Proposed Rule Making, but they must have a separate and distinct heading designating them as responses to this Regulatory Flexibility Analysis. The Secretary shall send a copy of the Further Notice to the Chief Counsel for Advocacy of the Small Business Administration in accordance with Section 603(a) of the Regulatory Flexibility Act. See 5 U.S.C. s 601, et seq. VI. EX PARTE REQUIREMENTS 31. For purposes of this non-restricted notice and comment rule making proceeding, members of the public are advised that ex parte presentations are permitted except during the Sunshine Agenda period. See generally Section 1.1206(a) of the Commission's Rules, 47 C.F.R. s 1.1206(a). The Sunshine Agenda period is the period of time that commences with the release of a public notice that a matter has been placed on the Sunshine Agenda and terminates when the Commission (1) releases the text of a decision or order in the matter; (2) issues a public notice stating that the matter has been deleted from the Sunshine Agenda; or (3) issues a public notice stating that the matter has been returned to the staff for further consideration, whichever occurs first. Section 1.1202(f) of the Commission's Rules, 47 C.F.R. s 1.1202(f). During the Sunshine Agenda period, no presentations, ex parte or otherwise, are permitted unless specifically requested by the Commission or staff for the clarification or adduction of evidence or the resolution of issues in the proceeding. Section 1.1203 of the Commission's Rules, 47 C.F.R. s 1.1203. 32. In general, an ex parte presentation is any presentation directed to the merits or outcome of the proceeding made to decision-making personnel that (1), if written, is not served on the parties to the proceeding, or (2), if oral, is made without advance notice to the parties to the proceeding and without opportunity for them to be present. Section 1.1202(b) of the Commission's Rules, 47 C.F.R. s 1.1202(b). Any person who makes or submits a written ex parte presentation shall provide on the same day it is submitted two copies of same under separate cover to the Commission's Secretary for inclusion in the public record. The presentation (as well as any transmittal letter) must clearly indicate on its face the docket number of the particular proceeding(s) to which it relates and the fact that two copies of it have been submitted to the Secretary, and must be labeled or captioned as an ex parte presentation. 33. Any person who in making an oral ex parte presentation presents data or arguments not already reflected in that person's written comments, memoranda, or other previous filings in that proceeding shall provide on the day of the oral presentation an original and one copy of a written memorandum to the Secretary, with a copy to the Commissioner or staff member involved, that summarizes the data and arguments. The memorandum, as well as any transmittal letter, must clearly indicate on its face the docket number of the particular proceeding and the fact that an original and one copy of it have been submitted to the Secretary, and must be labeled or captioned as an ex parte presentation. Section 1.1206 of the Commission's Rules, 47 C.F.R. s 1.1206. 34. All relevant and timely comments and reply comments will be considered by this Commission. In reaching our decision, this Commission may take into account information and ideas not contained in the comments, provided that such information or a writing containing the nature and source of such information is placed in the public file, and provided that the fact of this Commission's reliance on such information is noted in the Order. VII. CONCLUSION AND ORDERING CLAUSES 35. In summary, the rules proposed in this Further NPRM are intended, as required by the Operator Services Act, to protect consumers from unfair and deceptive practices related to their use of operator services to place interstate calls, and to ensure that consumers have the opportunity to make informed choices in placing such calls. As we noted in our initial NPRM, we expect the proposed rules to free consumers from charges they did not agree to and from practices that prevent them from using the operator service provider they prefer. These rules will also help foster a marketplace environment in which operator service providers compete based on the merits of their services, rather than on the payments they provide to aggregators who deliver to them a captive clientele. In submitting comments on these proposed rules, interested parties should note that we are particularly interested in evidence regarding the technical and operational complexities of implementing the proposed rules. We are also interested in the economic impact of implementation in terms of costs to or burdens on consumers, carriers, and call aggregators. In Phase II of this docket, we seek separate comment on our proposed reporting requirements and on other issues raised by Section 226(h)(3) of the Operator Services Act. 36. Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i), 4(j), 201-205, 218, 226, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. ss 151, 154(i), 154(j), 201-205, 218, 226, 303(r), that a FURTHER NOTICE OF PROPOSED RULE MAKING IS ISSUED, proposing the amendment of 47 C.F.R. Parts 64 and 68 as set forth in Appendix B. 37. IT IS FURTHER ORDERED, pursuant to Sections 1.415 and 1.419 of the Commission's Rules, 47 C.F.R. ss 1.415, 1.419, that all interested parties may file comments on the matters discussed in this Further NPRM and on the proposed rules contained in Appendix B by January 22, 1991, and reply comments by February 6, 1991. Comments on issues designated for CC Docket No. 90-313-- Phase II are also due on these dates. Phase II comments must be filed separately from comments on other issues in this docket and must include the designation "CC Docket No. 90-313-- Phase II" in the caption of the comments. All relevant and timely comments will be considered by the Commission before final action is taken in this proceeding. To file formally in this proceeding, participants must file an original and four copies of all comments, reply comments, and supporting comments. If participants wish each Commissioner to have a personal copy of their comments, an original plus nine copies must be filed. Comments and reply comments should be sent to the Office of the Secretary, Federal Communications Commission, Washington, D.C. 20554. Comments and reply comments will be available for public inspection during regular business hours in the Dockets Reference Room (Room 239) of the Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. 38. IT IS FURTHER ORDERED that the Chief of the Common Carrier Bureau is delegated authority to require the submission of additional information, make further inquiries, and modify the dates and procedures if necessary to provide for a fuller record and a more efficient proceeding. 39. IT IS FURTHER ORDERED that the Secretary shall cause a copy of this Further NPRM, including the Further Initial Regulatory Flexibility Analysis, to be sent to the Chief Counsel for Advocacy of the Small Business Administration in accordance with Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. s 603(a) (1981). The Secretary shall also cause a summary of this Further NPRM to appear in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Donna R. Searcy Secretary 1 Pub.L. No. 101-435, 104 Stat. 986 (1990) (to be codified at 47 U.S.C. s 226) ("Operator Services Act"). The text of the Act is attached as Appendix A. 2 S.Rep. No. 101-439, 101st Cong., 2d Sess. 1 (1990); see also H.R.Rep. No. 101-213, 101st Cong., 1st Sess. 2 (1989) ("The purpose of [the Act is to protect telephone consumers against unfair prices and practices of some operator service providers (OSPs), yet allow the legitimate companies in the industry the opportunity to compete in the market."). 3 47 U.S.C. s 226(d), (h)(3). 4 Id. s 226(d)(2), (h)(3)(A). 5 Policies and Rules Concerning Operator Service Providers, Notice of Proposed Rule Making, 5 FCCRcd 4630 (1990) (hereinafter NPRM). 6 See 47 U.S.C. s 226(h)(3)(A). 7 See id. s 226(e). 8 NPRM, 5 FCCRcd at 4630. A full discussion of the development of the operator services industry and the proceedings related to operator service issues is contained in the NPRM. See id. at 4630-31. 9 See 47 U.S.C. s 226(a)(2). 10 An access code is a sequence of numbers that, when dialed, connects the caller to the OSP associated with that sequence. See id s 226(a)(1). 11 NPRM, 5 FCC Rcd at 4630. 12 Telecommunications Research & Action Center v. Central Corp., 4 FCCRcd 2157 (Com.Car.Bur.1989) (hereinafter TRAC Order), application for review pending. 13 Id. at 2159; see also id. at 2160 nn. 5-6 (definitions of "call blocking" and "call splashing"). 14 See Petition of the National Association of Regulatory Utility Commissioners, RM-6767 (filed April 17, 1989) (hereinafter "NARUC Petition"). 15 NPRM, 5 Fcc Rcd at 4631 (also denying the petition in part). 16 Id. at 4631-35, 4637-38. 17 Id. at 4632-35 (these issues included double branding, charging for unanswered or uncompleted calls, and standards for the handling of emergency calls). 18 Policies and Rules Concerning Operator Service Providers, CC Docket No. 90-313, Order, DA 90-1383 (released Oct. 5, 1990) (deadline for filing reply comments extended to Oct. 23, 1990). 19 Public Notice, DA 90-1773 (released Dec. 4, 1990). 20 See 47 U.S.C. ss 226(a)(7), (9), (h)(1)(A). 21 Many commenting parties have expressed a preference for additional Commission action beyond our initial NPRM. For example, some parties have suggested that a fuller record on certain issues must be developed. See, e.g., Reply Comments of BellSouth Tel. Cos. (further rule making necessary for establishment of emergency call standards). Other parties have indicated that clarification is necessary for certain statutory requirements. See, e.g., Reply Comments of The American Public Communications Council (branding, information posting). 22 47 U.S.C. s 226(d). 23 The Act requires that, by May 15, 1991, the Commission adopt the general regulations prescribed under Section 226(d)(2). These regulations must take effect by June 29, 1991. Id. 24 Appendix B contains the text of the new proposed rules. 25 Appendix B, s 64.703(c). "Branding" occurs when an operator service provider audibly identifies itself to a caller before the call is connected. 47 U.S.C. s 226(b)(1)(A); NPRM, 5 FCCRcd at 4630. We have tentatively defined "double branding" as such an identification both at the beginning of a call and again just before the call is connected. NPRM, 5 FCC Rcd at 4632. 26 Appendix B, s 64.703(b)(3). 27 Id. s 64.705(a)(1)-(2). 28 Id. s 64.705(b). 29 Id. s 64.704. 30 The Act requires 800 and 950 blocking to be addressed in this proceeding and the 10XXX blocking issue to be addressed in a separate proceeding. 47 U.S.C. s 226(d)(3)(A), (e); see also para. 21, infra. 31 Appendix B, s 68.318(d). 32 Id. s 64.708. 33 Id. s 64.705(a)(3)-(4). 34 47 U.S.C. s 226(d)(4)(A). 35 Id. s 226(d)(4)(B). 36 NPRM, 5 FCC Rcd at 4634-35. 37 47 U.S.C. s 226(d)(1)(B). 38 Comments on the matters contained in Section 226(h)(3) of the Act must be filed separately from those on other issues in this proceeding and must be designated, in the caption, "CC Docket No. 90-313--Phase II." 39 Section 226(h)(3)(A)(iii) also directs us to report on service offerings. We expect to glean the information necessary for such reports from the tariffs that must be filed under Section 226(h)(1). Comments on improvements in service, which we have solicited infra, may also contain helpful information in this regard. 40 See NPRM, 5 FCC Rcd at 4639 n. 28. 41 47 U.S.C. s 226(e); see also id. s 226(d)(3)(A) (the regulations prescribed in the "general" rule making shall implement the provisions of the Act "other than the requirements established by the rule making under subsection (e) on access and compensation"). Section 226(e) states that the Commission must make two determinations in the separate rule making. First, we must decide whether (a) aggregators must unblock 10XXX access; (b) OSPs must establish 800 or 950 access; or (c) both (a) and (b). Second, we must decide whether to prescribe compensation for owners of competitive public payphones for calls not routed through their presubscribed OSPs. The Act requires the Commission to make determinations regarding the access and compensation issues within 9 months of the statute's enactment, i.e., by July 17, 1991. APPENDIX A THE TELEPHONE OPERATOR CONSUMER SERVICES IMPROVEMENT ACT OF 1990, as amended Pub.L. No. 101-435, 104 Stat. 986 (1990) SECTION 1. SHORT TITLE. This Act may be cited as the "Telephone Operator Consumer Services Improvement Act of 1990". SEC. 2. FINDINGS. The Congress finds that-- (1) the divestiture of AT & T and decisions allowing open entry for competitors in the telephone marketplace produced a variety of new services and many new providers of existing telephone services; (2) the growth of competition in the telecommunications market makes it essential to ensure that safeguards are in place to assure fairness for consumers and service providers alike; (3) a variety of providers of operator services now compete to win contracts to provide operator services to hotels, hospitals, airports, and other aggregators of telephone business from consumers; (4) the mere existence of a variety of service providers in the operator services marketplace is significant in making that market competitive only when consumers are able to make informed choices from among those service providers; (5) however, often consumers have no choices in selecting a provider of operator services, and often attempts by consumers to reach their preferred long distance carrier by using a telephone billing card, credit card, or prearranged access code number are blocked; (6) a number of State regulatory authorities have taken action to protect consumers using intrastate operator services; (7) from January 1988 through February 1990, the Federal Communications Commission received over 4,000 complaints from consumers about operator services; (8) those consumers have complained that they are denied access to the interexchange carrier of their choice, that they are deceived about the identity of the company providing operator services for their calls and the rates being charged, that they lack information on what they can do to complain about unfair treatment by an operator service provider, and that they are, accordingly, being deprived of the free choice essential to the operation of a competitive market; (9) the Commission has testified that its actions have been insufficient to correct the problems in the operator services industry to date; and (10) a combination of industry self-regulation and government regulation is required to ensure that competitive operator services are provided in a fair and reasonable manner. SEC. 3. AMENDMENT. Title II of the Communications Act of 1934 is amended by inserting immediately after section 225 (47 U.S.C. s 225) the following new section: "SEC. 226. TELEPHONE OPERATOR SERVICES. "(a) Definitions.--As used in this section-- "(1) The term 'access code' means a sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence. "(2) The term 'aggregator' means any person that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for interstate telephone calls using a provider of operator services. "(3) The term 'call splashing' means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location. "(4) The term 'consumer' means a person initiating any interstate telephone call using operator services. "(5) The term 'equal access' has the meaning given that term in Appendix B of the Modification of Final Judgment entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82-0192 (United States District Court, District of Columbia), as amended by the Court in its orders issued prior to the enactment of this section. "(6) The term 'equal access code' means an access code that allows the public to obtain an equal access connection to the carrier associated with that code. "(7) The term 'operator services' means any interstate telecommunications service initiated from an aggregator location that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of an interstate telephone call through a method other than-- "(A) automatic completion with billing to the telephone from which the call originated; or "(B) completion through an access code used by the consumer, with billing to an account previously established with the carrier by the consumer. "(8) The term 'presubscribed provider of operator services' means the interstate provider of operator services to which the consumer is connected when the consumer places a call using a provider of operator services without dialing an access code. "(9) The term 'provider of operator services' means any common carrier that provides operator services or any other person determined by the Commission to be providing operator services. "(b) Requirements for Providers of Operator Services.-- "(1) In general.--Beginning not later than 90 days after the date of enactment of this section, each provider of operator services shall, at a minimum-- "(A) 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; "(B) permit the consumer to terminate the telephone call at no charge before the call is connected; "(C) disclose immediately to the consumer, upon request and at no charge to the consumer-- "(i) a quote 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; "(D) 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 subsection (c) and, if applicable, subsection (e)(1); "(E) withhold payment (on a location-by-location basis) of any compensation, including commissions, to aggregators if such provider reasonably believes that the aggregator (i) is blocking access by means of "950" or "800" numbers to interstate common carriers in violation of subsection (c)(1)(B) or (ii) is blocking access to equal access codes in violation of rules the Commission may prescribe under subsection (e)(1); "(F) not bill for unanswered telephone calls in areas where equal access is available; "(G) not knowingly bill for unanswered telephone calls where equal access is not available; "(H) not engage in call splashing, unless the consumer requests to be transferred to another provider of operator services, the consumer is informed prior to incurring any charges that the rates for the call may not reflect the rates from the actual originating location of the call, and the consumer then consents to be transferred; and "(I) except as provided in subparagraph (H), not bill for a call that does not reflect the location of the origination of the call. "(2) Additional requirements for first 3 years.--In addition to meeting the requirements of paragraph (1), during the 3-year period beginning on the date that is 90 days after the date of enactment of this section, each presubscribed provider of operator services shall identify itself audibly and distinctly to the consumer, not only as required in paragraph (1)(A), but also for a second time before connecting the call and before the consumer incurs any charge. "(c) Requirements for Aggregators.-- "(1) In general.--Each aggregator, beginning not later than 90 days after the date of enactment of this section, shall-- "(A) post on or near the telephone instrument, in plain view of consumers-- "(i) the name, address, and toll-free telephone number of the provider of operator services; "(ii) 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; and "(iii) the name and address of the enforcement division of the Common Carrier Bureau of the Commission, to which the consumer may direct complaints regarding operator services; "(B) ensure that each of its telephones presubscribed to a provider of operator services allows the consumer to use "800" and "950" access code numbers to obtain access to the provider of operator services desired by the consumer; and "(C) ensure that no charge by the aggregator to the consumer for using an "800" or "950" access code number, or any other access code number, is greater than the amount the aggregator charges for calls placed using the presubscribed provider of operator services. "(2) Effect of state law or regulation.--The requirements of paragraph (1)(A) 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 (1)(A). "(d) General Rulemaking Required.-- "(1) Rulemaking proceeding.--The Commission shall conduct a rulemaking proceeding pursuant to this title to prescribe regulations to-- "(A) protect consumers from unfair and deceptive practices relating to their use of operator services to place interstate telephone calls; and "(B) ensure that consumers have the opportunity to make informed choices in making such calls. "(2) Deadlines.--The Commission shall initiate the proceeding required under paragraph (1) within 60 days after the date of enactment of this section and shall prescribe regulations pursuant to the proceeding not later than 210 days after such date of enactment. Such regulations shall take effect not later than 45 days after the date the regulations are prescribed. "(3) Contents of regulations.--The regulations prescribed under this section shall-- "(A) contain provisions to implement each of the requirements of this Section, other than the requirements established by the rulemaking under subsection (e) on access and compensation; and "(B) contain such other provisions as the Commission determines necessary to carry out this section and the purposes and policies of this section. "(4) Additional requirements to be implemented by regulations.--The regulations prescribed under this section shall, at a minimum-- "(A) establish minimum standards for providers of operator services to use in the routing and handling of emergency telephone calls; and "(B) establish a policy for requiring providers of operator services to make public information about recent changes in operator services and choices available to consumers in that market. "(e) Separate Rulemaking on Access and Compensation.-- "(1) Access.--The Commission, within 9 months after the date of enactment of this section, shall require-- "(A) that each aggregator ensure within a reasonable time that each of its telephones presubscribed to a provider of operator services allows the consumer to obtain access to the provider of operator services desired by the consumer through the use of an equal access code; or "(B) that all providers of operator services, within a reasonable time, make available to their customers a "950" or "800" access code number for use in making operator services calls from anywhere in the United States; or "(C) that the requirements described under both subparagraphs (A) and (B) apply. "(2) Compensation.--The Commission shall consider the need to prescribe compensation (other than advance payment by consumers) for owners of competitive public pay telephones for calls routed to providers of operator services that are other than the presubscribed provider of operator services for such telephones. Within 9 months after the date of enactment of this section, the Commission shall reach a final decision on whether to prescribe such compensation. "(f) Technological Capability of Equipment.--Any equipment and software manufactured or imported more than 18 months after the date of enactment of this section and installed by any aggregator shall be technologically capable of providing consumers with access to interstate providers of operator services through the use of equal access codes. "(g) Fraud.--In any proceeding to carry out the provisions of this section, the Commission shall require such actions or measures as are necessary to ensure that aggregators are not exposed to undue risk of fraud. "(h) Determinations of Rate Compliance.-- "(1) Filing of informational tariff.-- "(A) In general.--Each provider of operator services shall file, within 90 days after the date of enactment of this section, and shall maintain, update regularly, and keep open for public inspection, an informational tariff specifying rates, terms, and conditions, and including commissions, surcharges, any fees which are collected from consumers, and reasonable estimates of the amount of traffic priced at each rate, with respect to calls for which operator services are provided. Any changes in such rates, terms, or conditions shall be filed no later than the first day on which the changed rates, terms, or conditions are in effect. "(B) Waiver authority.--The Commission may, after 4 years following the date of enactment of this section, waive the requirements of this paragraph only if-- "(i) the findings and conclusions of the Commission in the final report issued under paragraph (3)(B)(iii) state that the regulatory objectives specified in subsection (d)(1) (A) and (B) have been achieved; and "(ii) the Commission determines that such waiver will not adversely affect the continued achievement of such regulatory objectives. "(2) Review of informational tariffs.--If the rates and charges filed by any provider of operator services under paragraph (1) appear upon review by the Commission to be unjust or unreasonable, the Commission may require such provider of operator services to do either or both of the following: "(A) demonstrate that its rates and charges are just and reasonable, and "(B) announce that its rates are available on request at the beginning of each call. "(3) Proceeding required.-- "(A) In general.--Within 60 days after the date of enactment of this section, the Commission shall initiate a proceeding to determine whether the regulatory objectives specified in subsection (d)(1) (A) and (B) are being achieved. The proceeding shall-- "(i) monitor operator service rates; "(ii) determine the extent to which offerings made by providers of operator services are improvements, in terms of service quality, price, innovation, and other factors, over those available before the entry of new providers of operator services into the market; "(iii) report on (in the aggregate and by individual provider) operator service rates, incidence of service complaints, and service offerings; "(iv) consider the effect that commissions and surcharges, billing and validation costs, and other costs of doing business have on the overall rates charged to consumers; and "(v) monitor compliance with the provisions of this section, including the periodic placement of telephone calls from aggregator locations. "(B) Reports.--(i) The Commission shall, during the pendency of such proceeding and not later than 5 months after its commencement, provide the Congress with an interim report on the Commission's activities and progress to date. "(ii) Not later than 11 months after the commencement of such proceeding, the Commission shall report to the Congress on its interim findings as a result of the proceeding. "(iii) Not later than 23 months after the commencement of such proceeding, the Commission shall submit a final report to the Congress on its findings and conclusions. "(4) Implementing regulations.-- "(A) In general.--Unless the Commission makes the determination described in subparagraph (B), the Commission shall, within 180 days after submission of the report required under paragraph (3)(B)(iii), complete a rulemaking proceeding pursuant to this title to establish regulations for implementing the requirements of this title (and paragraphs (1) and (2) of this subsection) that rates and charges for operator services be just and reasonable. Such regulations shall include limitations on the amount of commissions or any other compensation given to aggregators by providers of operator service. "(B) Limitation.--The requirement of subparagraph (A) shall not apply if, on the basis of the proceeding under paragraph (3)(A), the Commission makes (and includes in the report required by paragraph (3)(B)(iii)) a factual determination that market forces are securing rates and charges that are just and reasonable, as evidenced by rate levels, costs, complaints, service quality, and other relevant factors. "(i) Statutory Construction.--Nothing in this section shall be construed to alter the obligations, powers, or duties of common carriers or the Commission under the other sections of this Act.". APPENDIX B PROPOSED RULES A 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; and (3) disclose immediately to the consumer, upon request and at no charge to the consumer, (A) a quotation of its rates or charges for the call; (B) the methods by which such rates or charges will be collected; and (C) the methods by which complaints concerning such rates, charges, or collection practices will be resolved. (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) 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; and (3) the name and address of the Enforcement Division of the Common Carrier Bureau of the Commission (FCC, Enforcement Division, CCB, Room 6202, Washington, D.C. 20554), to which the consumer may direct complaints regarding operator services. (c) Additional requirements for first 3 years. In addition to meeting the requirements of paragraph (a), each presubscribed provider of operator services shall, during the 3-year period beginning on the effective date of this section, identify itself audibly and distinctly to the consumer, not only as required in paragraph (a)(1), but also for a second time before connecting the call and before the consumer incurs any charge. (d) Effect of state law or regulation. The requirements of paragraph (b) 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). (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). 3. A new Section 64.704 is added to read as follows: s 64.704 Call blocking prohibited. (a) Each aggregator shall ensure that each of its telephones presubscribed to a provider of operator services allows the consumer to use "800" and "950" access code numbers to obtain access to the provider of operator services desired by the consumer. (b) Each provider of operator services shall: (1) 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 (a); and (2) withhold payment (on a location-by-location basis) of any compensation, including commissions, to aggregators if such provider reasonably believes that the aggregator is blocking access to interstate common carriers in violation of paragraph (a). 4. A new Section 64.705 is added to read as follows: s 64.705 Restrictions on charges related to the provision of operator services. (a) A provider of operator services shall: (1) not bill for unanswered telephone calls in areas where equal access is available; (2) not knowingly bill for unanswered telephone calls where equal access is not available; (3) not engage in call splashing, unless the consumer requests to be transferred to another provider of operator services, the consumer is informed prior to incurring any charges that the rates for the call may not reflect the rates from the actual originating location of the call, and the consumer then consents to be transferred; (4) except as provided in paragraph (3), not bill for a call that does not reflect the location of the origination of the call; and (5) 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). (b) An aggregator shall ensure that no charge by the aggregator to the consumer for using an "800" or "950" access code number, or any other access code number, is greater than the amount of the aggregator charges for calls placed using the presubscribed provider of operator services. 5. A new Section 64.706 is added to read as follows: s 64.706 Minimum standards for the routing and handling of emergency telephone calls. Upon receipt of any emergency telephone call initiated through use of a dialing sequence associated with such calls (e.g., "0," "911") in the call's originating location, a provider of operator services shall immediately connect the call to the appropriate emergency service of the call's originating location. 6. A new Section 64.707 is added to read as follows: s 64.707 Public dissemination of information by providers of operator services. Providers of operator services shall regularly publish and make available at no cost to inquiring consumers written materials that describe any recent changes in operator services and in the choices available to consumers in that market. 7. A new Section 64.708 is added to read as follows: s 64.708 Definitions. As used in sections 64.703 through 64.707 and 68.318, 47 C.F.R. ss 64.703-64.707, 68.318: (a) the term "access code" means a sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence; (b) the term "aggregator" means any person that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for interstate telephone calls using a provider of operator services; (c) the term "call splashing" means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location; (d) the term "consumer" means a person initiating any interstate telephone call using operator services; (e) the term "equal access" has the meaning given that term in Appendix B of the Modification of Final Judgment entered by the United States District Court on August 24, 1982, in United States v. Western Electric, Civil Action No. 82-0192 (D.D.C.1982), as amended by the Court in its orders issued prior to the effective date of this section; (f) the term "equal access code" means an access code that allows the public to obtain an equal access connection to the carrier associated with that code; (g) the term "operator services" means any interstate telecommunications service initiated from an aggregator location that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of an interstate telephone call through a method other than: (1) automatic completion with billing to the telephone from which the call originated; or (2) completion through an access code used by the consumer, with billing to an account previously established with the carrier by the consumer; (h) the term "presubscribed provider of operator services" means the interstate provider of operator services to which the consumer is connected when the consumer places a call using a provider of operator services without dialing an access code; (i) the term "provider of operator services" means any common carrier that provides operator services or any other person determined by the Commission to be providing operator services. It is proposed that Part 68 of Title 47 of the Code of Federal Regulations be amended as follows: 1. The authority citation for Part 68 is amended to read as follows: Authority: Secs. 4, 201, 202, 203, 204, 205, 208, 215, 218, 226, 313, 314, 403, 404, 410, 602, 48 Stat., as amended, 1066, 1070, 1071, 1072, 1073, 1076, 1077, 1087, 1094, 1098, 1102, 47 U.S.C. ss 154, 201, 202, 203, 204, 205, 208, 215, 218, 226, 313, 314, 403, 404, 410, 602, unless otherwise noted. 2. Section 68.318 is amended by adding paragraph (d) to read as follows: s 68.318 Additional limitations. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (d) Requirement that registered equipment allow access to common carriers. Any equipment or software manufactured or imported on or after April 17, 1992, and installed by any aggregator shall be technologically capable of providing consumers with access to interstate providers of operator services through the use of equal access codes. The terms used in this paragraph shall have the meanings defined in Section 64.708, 47 C.F.R. s 64.708. 1 Pub.L. No. 101-435, 104 Stat. 986 (1990) (to be codified at 47 U.S.C. s 226) ("Operator Services Act"). The text of the Act is attached as Appendix A. 2 S.Rep. No. 101-439, 101st Cong., 2d Sess. 1 (1990); see also H.R.Rep. No. 101-213, 101st Cong., 1st Sess. 2 (1989) ("The purpose of [the Act is to protect telephone consumers against unfair prices and practices of some operator service providers (OSPs), yet allow the legitimate companies in the industry the opportunity to compete in the market."). 3 47 U.S.C. s 226(d), (h)(3). 4 Id. s 226(d)(2), (h)(3)(A). 5 Policies and Rules Concerning Operator Service Providers, Notice of Proposed Rule Making, 5 FCCRcd 4630 (1990) (hereinafter NPRM). 6 See 47 U.S.C. s 226(h)(3)(A). 7 See id. s 226(e). 8 NPRM, 5 FCCRcd at 4630. A full discussion of the development of the operator services industry and the proceedings related to operator service issues is contained in the NPRM. See id. at 4630-31. 9 See 47 U.S.C. s 226(a)(2). 10 An access code is a sequence of numbers that, when dialed, connects the caller to the OSP associated with that sequence. See id. s 226(a)(1). 11 NPRM, 5 FCCRcd at 4630. 12 Telecommunications Research & Action Center v. Central Corp., 4 FCCRcd 2157 (Com.Car.Bur.1989) (hereinafter TRAC Order), application for review pending. 13 Id. at 2159; see also id. at 2160 nn. 5-6 (definitions of "call blocking" and "call splashing"). 14 See Petition of the National Association of Regulatory Utility Commissioners, RM-6767 (filed April 17, 1989) (hereinafter "NARUC Petition"). 15 NPRM, 5 FCCRcd at 4631 (also denying the petition in part). 16 Id. at 4631-35, 4637-38. 17 Id. at 4632-35 (these issues included double branding, charging for unanswered or uncompleted calls, and standards for the handling of emergency calls). 18 Policies and Rules Concerning Operator Service Providers, CC Docket No. 90-313, Order, DA 90-1383 (released Oct. 5, 1990) (deadline for filing reply comments extended to Oct. 23, 1990). 19 Public Notice, DA 90-1773 (released Dec. 4, 1990). 20 See 47 U.S.C. ss 226(a)(7), (9), (h)(1)(A). 21 Many commenting parties have expressed a preference for additional Commission action beyond our initial NPRM. For example, some parties have suggested that a fuller record on certain issues must be developed. See, e.g., Reply Comments of BellSouth Tel. Cos. (further rule making necessary for establishment of emergency call standards). Other parties have indicated that clarification is necessary for certain statutory requirements. See, e.g., Reply Comments of The American Public Communications Council (branding, information posting). 22 47 U.S.C. s 226(d). 23 The Act requires that, by May 15, 1991, the Commission adopt the general regulations prescribed under Section 226(d)(2). These regulations must take effect by June 29, 1991. Id. 24 Appendix B contains the text of the new proposed rules. 25 Appendix B, s 64.703(c). "Branding" occurs when an operator service provider audibly identifies itself to a caller before the call is connected. 47 U.S.C. s 226(b)(1)(A); NPRM, 5 FCCRcd at 4630. We have tentatively defined "double branding" as such an identification both at the beginning of a call and again just before the call is connected. NPRM, 5 FCCRcd at 4632. 26 Appendix B, s 64.703(b)(3). 27 Id. s 64.705(a)(1)-(2). 28 Id. s 64.705(b). 29 Id. s 64.704. 30 The Act requires 800 and 950 blocking to be addressed in this proceeding and the 10XXX blocking issue to be addressed in a separate proceeding. 47 U.S.C. s 226(d)(3)(A), (e); see also para. 21, infra. 31 Appendix B, s 68.318(d). 32 Id. s 64.708. 33 Id. s 64.705(a)(3)-(4). 34 47 U.S.C. s 226(d)(4)(A). 35 Id. s 226(d)(4)(B). 36 NPRM, 5 FCCRcd at 4634-35. 37 47 U.S.C. s 226(d)(1)(B). 38 Comments on the matters contained in Section 226(h)(3) of the Act must be filed separately from those on other issues in this proceeding and must be designated, in the caption, "CC Docket No. 90-313--Phase II." 39 Section 226(h)(3)(A)(iii) also directs us to report on service offerings. We expect to glean the information necessary for such reports from the tariffs that must be filed under Section 226(h)(1). Comments on improvements in service, which we have solicited infra, may also contain helpful information in this regard. 40 See NPRM, 5 FCCRcd at 4639 n. 28. 41 47 U.S.C. s 226(e); see also id. s 226(d)(3)(A) (the regulations prescribed in the "general" rule making shall implement the provisions of the Act "other than the requirements established by the rule making under subsection (e) on access and compensation"). Section 226(e) states that the Commission must make two determinations in the separate rule making. First, we must decide whether (a) aggregators must unblock 10XXX access; (b) OSPs must establish 800 or 950 access; or (c) both (a) and (b). Second, we must decide whether to prescribe compensation for owners of competitive public payphones for calls not routed through their presubscribed OSPs. The Act requires the Commission to make determinations regarding the access and compensation issues within 9 months of the statute's enactment, i.e., by July 17, 1991.