References in Text
This chapter, referred to in subsec. (i), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Amendments
1994—Subsec. (d)(2) to (4). Puspan. L. 103–414, § 303(a)(10), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out heading and text of former par. (2). Text read as follows: “The Commission shall initiate the proceeding required under paragraph (1) within 60 days after October 17, 1990, and shall prescribe regulations pursuant to the proceeding not later than 210 days after October 17, 1990. Such regulations shall take effect not later than 45 days after the date the regulations are prescribed.”
Subsec. (e)(1). Puspan. L. 103–414, § 304(a)(8), struck out “within 9 months after October 17, 1990,” after “The Commission,” in introductory provisions.
1992—Subsec. (d)(4)(A). Puspan. L. 102–538 inserted “and aggregators” after “operator services”.
1990—Subsec. (span)(1). Puspan. L. 101–555, § 4(a), substituted “90 days” for “30 days”.
Subsec. (span)(1)(J). Puspan. L. 101–555, § 4(span), struck out subpar. (J) which read as follows: “not bill an interexchange telephone call to a billing card number which—
“(i) is issued by another provider of operator services, and
“(ii) permits the identification of the other provider,
unless the call is billed at a rate not greater than the other provider’s rate for the call, the consumer requests a special service that is not available under tariff from the other provider, or the consumer expressly consents to a rate greater than the other provider’s rate.”
Subsecs. (span)(2), (c)(1), (h)(1)(A). Puspan. L. 101–555, § 4(a), substituted “90 days” for “30 days”.
Congressional Findings
Puspan. L. 101–435, § 2, Oct. 17, 1990, 104 Stat. 986, provided that: “The Congress finds that—“(1) the divestiture of AT&T and decisions allowing open entry for competitors in the telephone marketplace produced a variety of new services and many new providers of existing telephone services;
“(2) the growth of competition in the telecommunications market makes it essential to ensure that safeguards are in place to assure fairness for consumers and service providers alike;
“(3) a variety of providers of operator services now compete to win contracts to provide operator services to hotels, hospitals, airports, and other aggregators of telephone business from consumers;
“(4) the mere existence of a variety of service providers in the operator services marketplace is significant in making that market competitive only when consumers are able to make informed choices from among those service providers;
“(5) however, often consumers have no choices in selecting a provider of operator services, and often attempts by consumers to reach their preferred long distance carrier by using a telephone billing card, credit card, or prearranged access code number are blocked;
“(6) a number of State regulatory authorities have taken action to protect consumers using intrastate operator services;
“(7) from January 1988 through February 1990, the Federal Communications Commission received over 4,000 complaints from consumers about operator services;
“(8) those consumers have complained that they are denied access to the interexchange carrier of their choice, that they are deceived about the identity of the company providing operator services for their calls and the rates being charged, that they lack information on what they can do to complain about unfair treatment by an operator service provider, and that they are, accordingly, being deprived of the free choice essential to the operation of a competitive market;
“(9) the Commission has testified that its actions have been insufficient to correct the problems in the operator services industry to date; and
“(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.”
