Page:United States Statutes at Large Volume 104 Part 1.djvu/1021

 PUBLIC LAW 101-435—OCT. 17, 1990 104 STAT. 987 (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. 225) the following new section: "SEC. 226. TELEPHONE OPERATOR SERVICES. 47 USC 226. "(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 Eissociated 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. "(h) REQUIREMENTS FOR PROVIDERS OF OPERATOR SERVICES.— "(1) IN GENERAL.—Beginning not later than 30 days after the date of enactment of this section, each provider of operator services shall, at a minimum—

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