Page:United States Statutes at Large Volume 106 Part 5.djvu/547

 PUBLIC LAW 102-556—OCT. 28, 1992 106 STAT. 4185 "(A) display any charges for pay-per-call services in a part of the subscriber's bill that is identified as not being related to local and long distance telephone charges; (B) for each charge so dasplayed, specify, at a mmimum, the type of service, the amount of the charge, and the date, time, and duration of the call; and "(C) identify^ the toll-free number established pursuant to paragraph (2). "(e) LlABILITY. — "(1) COMMON CARRIERS NOT LIABLE FOR TRANSMISSION OR BILLING.— "So common carrier shall be liable for a criminal or civil sanction or penalty solely because the carrier provided transmission or billing and collection for a pay-per-call service unless the carrier knew or reasonably should nave known that such service was provided in violation of a provision of, or regulation prescribed pursuant to, title II or III of the Telephone Disclosure and Dispute Resolution Act or any other Federal law. This paragraph shall not prevent the Commission from imposing a sanction or penalty on a common carrier for a violation by that carrier of a regulation prescribed under this section. "(2) CIVIL LIABILITY.—No cause of action may be brought in any court or administrative agency against any common carrier or any of its affiliates on account of any act of the carrier or afiiliate to terminate any pay-per-call service in order to comply with the regulations prescribed under this section, title II or III of the Telephone Disclosure and Dispute Resolution Act, or any other Federal law unless the complainant demonstrates that the carrier or affiliate did not act in good faith, "(f) SPECIAL PROVISIONS.— "(1) CONSUMER REFUND REQUIREMENTS. —The regulations required by subsection (d) shall establish procedures, consistent with the provisions of titles II and III of the Telephone Disclosure and Dispute Resolution Act, to ensure that carriers and other parties providing billing and collection services with respect to pay-per-call services provide appropriate refunds to subscribers who have been billed for pay-per-call services pursuant to programs that have been found to have violated this section or such regulations, any provision of, or regulations prescribed pursuant to, title II or III of the Telephone Disclosure and Dispute Resolution Act, or any other Federal law. "(2) RECOVERY OF COSTS.—The regulations prescribed by the Commission under this section snail penmt a common carrier to recover its cost of complying with such regulations from providers of pay-per-call services, but shall not permit such costs to be recovered from local or long distance ratepayers. "(3) RECOMMENDATIONS ON DATA PAY-PER -CALL.— The Commission, within one year after the date of enactment of this section, shall submit to the Congress the Commission's recommendations with respect to the extension of regulations under this section to persons that provide, for a per-call charge, data services that are not pay-per-call services, "(g) EFFECT ON OTHER LAW.— "(1) No PREEMPTION OF ELECTION LAW.—Nothing in this section shall reUeve any provider of pay-per-call services, com-

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