(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); to (E) withhold payment (on a location-by-location basis) of any compensation, including commissions, 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 Commis sion, 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) 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. (3) 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 and aggregators 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, 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.- (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. SEC. 227. [47 U.S.C. 227] RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT. (a) DEFINITIONS.-As used in this section (1) The term "automatic telephone dialing system" means equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers. (2) The term "telephone facsimile machine" means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper. (3) The term "telephone solicitation" means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person's prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization. (4) The term "unsolicited advertisement" means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission. (b) RESTRICTIONS ON THE USE OF AUTOMATED TELEPHONE EQUIPMENT. (1) PROHIBITIONS.-It shall be unlawful for any person within the United States (A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice (i) to any emergency telephone line (including any "911" line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency); (ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or (iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call; (B) to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to |