Report No. DC95-6 ACTION IN DOCKET CASE January 9, 1995 FCC PROPOSES AMENDING POLICIES AND RULES CONCERNING OPERATOR OPERATOR SERVICE PROVIDERS AND CALL AGGREGATORS (CC DOCKET NO. 94-158) The Commission is soliciting comments on proposed changes to its rules and policies governing operator service providers (OSPs) and call aggregators. In 1991, the Commission adopted comprehensive regulations governing the practices of OSPs and the call aggregators with whom they contract to provide operator services. The rules included a requirement that OSPs brand calls to identify themselves to consumers. The Commission also established minimum standards for OSPs to use in routing and handling emergency telephone calls. The Telecommunications Authorization Act of 1992 subsequently required the Commission to establish minimum requirements applicable to routing and handling emergency calls by aggregators as well as OSPs. In addition, the Commission ruled in 1991 that inmate-only phones in correctional institutions were not "aggregator" locations because of the "exceptional" circumstances and were therefore not covered by the FCC's operator service rules. The Commission stated that OSPs offer collect calling services that raise an unresolved issue regarding branding. The question of which party to a collect call should be treated as the "consumer," and is therefore entitled to branding, was not specifically addressed in Section 226 of the Communications Act and the implementing regulations. Section 226, however, directed the Commission to conduct a rulemaking proceeding to prescribe regulations to ensure that consumers are protected from unfair and deceptive practices relating to their use of operator services and to ensure that consumers have the opportunity to make informed choices when placing operator service calls. Therefore, in this proceeding, the Commission has proposed amending the rules to require branding to the parties on both ends of a collect call. Next, the Commission proposed to establish minimum standards for aggregators to follow in routing and handling emergency telephone calls. (over) -2- Comments are requested on whether the definition of "aggregator" should be expanded to apply to correctional institutions and what, if any, changes should be made in the Commission's treatment of entities that provide interstate telecommunications services to prisons and other correctional facilities. Finally, the Commission is asking for comment on whether its rules should be amended to prescribe a time limit for updating the consumer information posted on or near aggregator telephones in the event the presubscribed OSP has changed. Action by the Commission December 28, 1994, by Notice of Proposed Rulemaking and Notice of Inquiry (FCC 94-352). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Common Carrier Bureau contact: Carolyn Tatum Roddy at (202) 632-4887.