Page:United States Statutes at Large Volume 106 Part 5.djvu/551

 PUBLIC LAW 102-556—OCT. 28, 1992 106 STAT. 4189 (J) comply with such additional standards as the Commission may prescribe to prevent abusive practices. (3) ACCESS TO INFORMATION. —The Commission shall by rule require a common carrier that provides telephone services to a provider of pay-per-call services to make available to the Commission any records and financial information maintained by such carrier relating to the arrangements (other than for the provision of local exchange service) between such carrier and any provider of pay-per-cafi services. (4) EVASIONS.— The rules issued by the Commission under this section shall include provisions to prohibit unfair or deceptive acts or practices that evade such rules or undermine the rights provided to customers under this title, including through the use of alternative billing or other procedures. (5) ExEMPTiONS.The regulations prescribed by the Commission pursuant to paragraph (2)(A) may exempt from the requirements of such paragraph— (A) calls from fi^uent callers or regular subscribers using a bypass mechanism to avoid listening to the disclosure message required by such regulations, subject to the requirements of paragraph (2)(E); or (B) pay-per-call services provided at nominal charges, as defined by the Commission in such regulations. (6) CONSIDERATION OF OTHER RULES REQUIRED.—In conducting a proceeding under this section, the Commission shall consider requiring, by rule or regulation, that providers of pay-per-call services— (A) automatically disconnect a call after one full qwle of the program; and (B) include a beep tone or other appropriate and dear signal during a Uve interactive group program so that ciQlers will be alerted to the passage of time. (7) SPECIAL RULE FOR INFREQUENT PUBLICATIONS.— The rules prescribed by the Commission under subparagraphs (A) and (G) of paragraph (1) may permit, in the case of publications that are widelv distributed, that are printed annually or less firequently, and that have an establish^ polity of not publishing specific prices, advertising that in lieu of the cost disclosures required by such subparagraphs, clearly and conspicuously disclose that use of the telephone number may result in a substantial chai^. (8) TREATMENT OF RULES.— A rule issued under this subsection shall be treated as a rule issued under section 18(a)(l)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(l)(B)). (b) RULEMAKING.— The Commission shall prescribe the rules under subsection (a) within 270 days after the date of enactment of this Act. Such rules shall be prescribed in accordance with section 553 of title 5, United States Code. (c) ENFORCEMENT.—Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule respecting unfair or deceptive acts or practices under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). Notwithstanding section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Commission for purposes of this title.

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