§ 13-901

(Section scheduled to be repealed on January 1, 2030) Sec. 13-901. Operator service provider. (a) For the purposes of this Section: (1) "Operator service provider" means every telecommunications carrier that provides operator services or any other person or entity that the Commission determines is providing operator services. (2) "Aggregator" means any person or entity that is not an operator service provider and that in the ordinary course of its operations makes telephones available to the public or to transient users of its premises including, but not limited to, a hotel, motel, hospital, or university for telephone calls between points within this State that are specified by the user using an operator service provider. (3) "Operator services" means any telecommunications service that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of a telephone call between points within this State that are specified by the user through a method other than: (A) automatic completion with billing to the telephone from which the call originated; (B) completion through an access code or a proprietory account number used by the consumer, with billing to an account previously established with the carrier by the consumer; or (C) completion in association with directory assistance services. (b) The Commission shall, by rule or order, adopt and enforce operating requirements for the provision of operator-assisted services. The rules shall apply to operator service providers and to aggregators. The rules shall be compatible with the rules adopted by the Federal Communications Commission under the federal Telephone Operator Consumer Services Improvement Act of 1990. These requirements shall address, but not necessarily be limited to, the following: (1) oral and written notification of the identity of the operator service provider and the availability of information regarding operator service provider rates, collection methods, and complaint resolution methods; (2) restrictions on billing and charges for operator services; (3) restrictions on "call splashing" as that term is defined in 47 C.F.R. Section 64.708; (4) access to other telecommunications carriers by the use of access codes including, but not limited to 800, 888, 950, and 10XXX numbers; (5) the appropriate routing and handling of emergency calls; (6) the enforcement of these rules through tariffs for operator services and by a requirement that operator service providers withhold payment of compensation to aggregators that have been found to be noncomplying by the Commission. (c) The Commission shall adopt any rule necessary to make rules previously adopted under this Section compatible with the rules of the Federal Communications Commission no later than one year after the effective date of this amendatory Act of 1993. (d) A violation of any rule adopted by the Commission under subsection (b) is a business offense subject to a fine of not less than $1,000 nor more than $5,000. In addition, the Commission may, after notice and hearing, order any telecommunications carrier to terminate service to any aggregator found to have violated any rule.

Legislative History

(Source: P.A. 100-20, eff. 7-1-17 .)