HR 6191 CPH
102d CONGRESS
2d Session
H. R. 6191
To protect the public interest and the future development of pay-per-call
technology by providing for the regulation and oversight of the applications
and growth of the pay-per-call industry, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 6 (legislative day, OCTOBER 5), 1992
Mr. SWIFT (for himself and Mr. MARKEY) introduced the following bill; which
was referred to the Committee on Energy and Commerce
October 6 (legislative day, OCTOBER 5), 1992
Committee on Energy and Commerce discharged; considered and passed
A BILL
To protect the public interest and the future development of pay-per-call
technology by providing for the regulation and oversight of the applications
and growth of the pay-per-call industry, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

1168bf68a2917ad0cb45b7c5ff252f75d70304c9f76eeed807f0054189ab5675

(a) SHORT TITLE- This Act may be cited as the `Telephone Disclosure and
Dispute Resolution Act'.
(b) FINDINGS- The Congress finds the following:
(1) The use of pay-per-call services, most commonly through the use of
900 telephone numbers, has grown exponentially in the past few years into
a national, billion-dollar industry as a result of recent technological
innovations. Such services are convenient to consumers, cost-effective to
vendors, and profitable to communications common carriers.
(2) Many pay-per-call businesses provide valuable information, increase
consumer choices, and stimulate innovative and responsive services that
benefit the public.
(3) The interstate nature of the pay-per-call industry means that its
activities are beyond the reach of individual States and therefore requires
Federal regulatory treatment to protect the public interest.
(4) The lack of nationally uniform regulatory guidelines has led to confusion
for callers, subscribers, industry participants, and regulatory agencies as
to the rights of callers and the oversight responsibilities of regulatory
authorities, and has allowed some pay-per-call businesses to engage in
practices that abuse the rights of consumers.
(5) Some interstate pay-per-call businesses have engaged in practices
which are misleading to the consumer, harmful to the public interest,
or contrary to accepted standards of business practices and thus cause
harm to the many reputable businesses that are serving the public.
(6) Because the consumer most often incurs a financial obligation as soon as
a pay-per-call transaction is completed, the accuracy and descriptiveness
of vendor advertisements become crucial in avoiding consumer abuse. The
obligation for accuracy should include price-per-call and duration-of-call
information, odds disclosure for lotteries, games, and sweepstakes, and
obligations for obtaining parental consent from callers under 18.
(7) The continued growth of the legitimate pay-per-call industry is
dependent upon consumer confidence that unfair and deceptive behavior
will be effectively curtailed and that consumers will have adequate rights
of redress.
(8) Vendors of telephone-billed goods and services must also feel confident
in their rights and obligations for resolving billing disputes if they are to
use this new marketplace for the sale of products of more than nominal value.
TRANSACTIONS

215e926b26248943b20e0126c288420a13a3cf566690774b45720a455cfe5726

Title II of the Communications Act of 1934 is amended by adding at the
end thereof the following new section:
`SEC. 228. REGULATION OF CARRIER OFFERING OF PAY-PER-CALL SERVICES.
`(a) PURPOSE- It is the purpose of this section--
`(1) to put into effect a system of national regulation and review that
will oversee interstate pay-per-call services;
`(2) to recognize the Commission's authority to prescribe regulations and
enforcement procedures and conduct oversight to afford reasonable protection
to consumers of pay-per-call services and to assure that violations of
Federal law do not occur.
`(b) GENERAL AUTHORITY FOR REGULATIONS- The Commission by regulation shall,
within 270 days after the date of enactment of this section, establish a
system for oversight and regulation of pay-per-call services in order to
provide for the protection of consumers in accordance with this Act and
other applicable Federal statutes and regulations. The Commission's final
rules shall--
`(1) include measures that provide a consumer of pay-per-call services
with adequate and clear descriptions of the rights of the caller;
`(2) define the obligations of common carriers with respect to the provision
of pay-per-call services;
`(3) include requirements on such carriers to protect against abusive
practices by providers of pay-per-call services;
`(4) identify procedures by which common carriers and providers of
pay-per-call services may take affirmative steps to protect against
nonpayment of legitimate charges; and
`(5) require that any service described in subparagraphs (A) and (B) of
subsection (i)(1) be offered only through the use of certain telephone
number prefixes and area codes.
`(c) COMMON CARRIER OBLIGATIONS- Within 270 days after the date of
enactment of this section, the Commission shall, by regulation, establish
the following requirements for common carriers:
`(1) CONTRACTUAL OBLIGATIONS TO COMPLY- Any common carrier assigning to
a provider of pay-per-call services a telephone number with a prefix or
area code designated by the Commission in accordance with subsection
(b)(5) shall require by contract or tariff that such provider comply
with the provisions of titles II and III of the Telephone Disclosure and
Dispute Resolution Act and the regulations prescribed by the Federal Trade
Commission pursuant to those titles.
`(2) INFORMATION AVAILABILITY- A common carrier that by tariff or contract
assigns a telephone number with a prefix or area code designated by
the Commission in accordance with subsection (b)(5) to a provider of a
pay-per-call service shall make readily available on request to Federal
and State agencies and other interested persons--
`(A) a list of the telephone numbers for each of the pay-per-call services
it carries;
`(B) a short description of each such service;
`(C) a statement of the total cost or the cost per minute and any other
fees for each such service;
`(D) a statement of the pay-per-call service's name, business address,
and business telephone; and
`(E) such other information as the Commission considers necessary for
the enforcement of this section and other applicable Federal statutes
and regulations.
`(2) COMPLIANCE PROCEDURES- A common carrier that by contract or tariff
assigns a telephone number with a prefix or area code designated by the
Commission in accordance with subsection (b)(5) to a provider of pay-per-call
services shall terminate, in accordance with procedures specified in
such regulations, the offering of a pay-per-call service of a provider
if the carrier knows or reasonably should know that such service is not
provided in compliance with title II or III of the Telephone Disclosure
and Dispute Resolution Act or the regulations prescribed by the Federal
Trade Commission pursuant to such titles.
`(3) SUBSCRIBER DISCONNECTION PROHIBITED- A common carrier shall not
disconnect or interrupt a subscriber's local exchange telephone service
or long distance telephone service because of nonpayment of charges for
any pay-per-call service.
`(4) BLOCKING AND PRESUBSCRIPTION- A common carrier that provides local
exchange service shall--
`(A) offer telephone subscribers (where technically feasible) the option of
blocking access from their telephone number to all, or to certain specific,
prefixes or area codes used by pay-per-call services, which option--
`(i) shall be offered at no charge (I) to all subscribers for a period of
60 days after the issuance of the regulations under subsection (b), and
(II) to any subscriber who subscribes to a new telephone number until 60
days after the time the new telephone number is effective; and
`(ii) shall otherwise be offered at a reasonable fee; and
`(B) offer telephone subscribers (where the Commission determines it is
technically and economically feasible), in combination with the blocking
option described under subparagraph (A), the option of presubscribing to
or blocking only specific pay-per-call services for a reasonable one-time
charge.
The regulations prescribed under subparagraph (A)(i) of this paragraph may
permit the costs of such blocking to be recovered by contract or tariff, but
such costs may not be recovered from local or long-distance ratepayers. Nothing
in this subsection precludes a common carrier from filing its rates and
regulations regarding blocking and presubscription in its interstate tariffs.
`(5) VERIFICATION OF CHARITABLE STATUS- A common carrier that assigns by
contract or tariff a telephone number with a prefix or area code designated
by the Commission in accordance with subsection (b)(5) to a provider of
pay-per-call services that the carrier knows or reasonably should know
is engaged in soliciting charitable contributions shall obtain from such
provider proof of the tax exempt status of any person or organization for
which contributions are solicited.
`(6) BILLING FOR 800 CALLS- A common carrier shall prohibit by tariff or
contract the use of any 800 telephone number, or other telephone number
advertised or widely understood to be toll free, in a manner that would
result in--
`(A) the calling party being assessed, by virtue of completing the call,
a charge for the call;
`(B) the calling party being connected to a pay-per-call service;
`(C) the calling party being charged for information conveyed during the call
unless the calling party has a preexisting agreement to be charged for the
information or discloses a credit or charge card number during the call; or
`(D) the calling party being called back collect for the provision of
audio information services or simultaneous voice conservation services.
`(d) BILLING AND COLLECTION PRACTICES- The regulations required by this
section shall require that any common carrier that by tariff or contract
assigns a telephone number with a prefix or area code designated by
the Commission in accordance with subsection (b)(5) to a provider of a
pay-per-call service and that offers billing and collection services to
such provider--
`(1) ensure that a subscriber is not billed--
`(A) for pay-per-call services that such carrier knows or reasonably should
know was provided in violation of the regulations issued pursuant to title
II of the Telephone Disclosure and Dispute Resolution Act; or
`(B) under such other circumstances as the Commission determines necessary
in order to protect subscribers from abusive practices;
`(2) establish a local or a toll-free telephone number to answer questions
and provide information on subscribers' rights and obligations with regard
to their use of pay-per-call services and to provide to callers the name
and mailing address of any provider of pay-per-call services offered by
the common carrier;
`(3) within 60 days after the issuance of final regulations pursuant to
subsection (b), provide, either directly or through contract with any
local exchange carrier that provides billing or collection services to
the common carrier, to all of such common carrier's telephone subscribers,
to all new subscribers, and to all subscribers requesting service at a new
location, a disclosure statement that sets forth all rights and obligations
of the subscriber and the carrier with respect to the use and payment for
pay-per-call services, including the right of a subscriber not to be billed
and the applicable blocking option; and
`(4) in any billing to telephone subscribers that includes charges for
any pay-per-call service--
`(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 displayed, specify, at a minimum, 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) LIABILITY-
`(1) COMMON CARRIERS NOT LIABLE FOR TRANSMISSION OR BILLING- No 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 have
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 affiliate 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 shall permit 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 relieve
any provider of pay-per-call services, common carrier, local exchange
carrier, or any other person from the obligation to comply with Federal,
State, and local election statutes and regulations.
`(2) CONSUMER PROTECTION LAWS- Nothing in this section shall relieve any
provider of pay-per-call services, common carrier, local exchange carrier,
or any other person from the obligation to comply with any Federal, State, or
local statute or regulation relating to consumer protection or unfair trade.
`(3) GAMBLING LAWS- Nothing in this section shall preclude any State from
enforcing its statutes and regulations with regard to lotteries, wagering,
betting, and other gambling activities.
`(4) STATE AUTHORITY- Nothing in this section shall preclude any State
from enacting and enforcing additional and complementary oversight and
regulatory systems or procedures, or both, so long as such systems and
procedures govern intrastate services and do not significantly impede the
enforcement of this section or other Federal statutes.
`(5) ENFORCEMENT OF EXISTING REGULATIONS- Nothing in this section shall be
construed to prohibit the Commission from enforcing regulations prescribed
prior to the date of enactment of this section in fulfilling the requirements
of this section to the extent that such regulations are consistent with
the provisions of this section.
`(h) EFFECT ON DIAL-A-PORN PROHIBITIONS- Nothing in this section shall
affect the provisions of section 223 of this Act.
`(i) DEFINITION OF PAY-PER-CALL SERVICES- For purposes of this section--
`(1) The term `pay-per-call services' means any service--
`(A) in which any person provides or purports to provide--
`(i) audio information or audio entertainment produced or packaged by
such person;
`(ii) access to simultaneous voice conversation services; or
`(iii) any service, including the provision of a product, the charges for
which are assessed on the basis of the completion of the call;
`(B) for which the caller pays a per-call or per-time-interval charge that is
greater than, or in addition to, the charge for transmission of the call; and
`(C) which is accessed through use of a 900 telephone number or other prefix
or area code designated by the Commission in accordance with subsection
(b)(5).
`(2) Such term does not include directory services provided by a common
carrier or its affiliate or by a local exchange carrier or its affiliate,
or any service the charge for which is tariffed, or any service for which
users are assessed charges only after entering into a presubscription or
comparable arrangement with the provider of such service.'.

b53580fd36ab4801368a9eb4f2eff53981bc126ffaa6fd4bd64bdb6bcb09dad9

TITLE I

-CARRIER OBLIGATIONS AND CONSUMER RIGHTS CONCERNING PAY-PER-CALL

Section 3(c) of the Telephone Consumer Protection Act of 1991 is amended
by striking `section 228' and inserting `section 227'.
WITH PAY-PER-CALL SERVICES

89779edf61a1faba9c68e24030a399360ffce5d22b100a6992d4e94380cbb5c1

(a) IN GENERAL-
(1) ADVERTISING REGULATIONS- The Commission shall prescribe rules in
accordance with this subsection to prohibit unfair and deceptive acts and
practices in any advertisement for pay-per-call services. Such rules shall
require that the person offering such pay-per-call services--
(A) clearly and conspicuously disclose in any advertising the cost of the
use of such telephone number, including the total cost or the cost per
minute and any other fees for that service and for any other pay-per-call
service to which the caller may be transferred;
(B) in the case of an advertisement which offers a prize or award
or a service or product at no cost or for a reduced cost, clearly and
conspicuously disclose the odds of being able to receive such prize, award,
service, or product at no cost or reduced cost, or, if such odds are not
calculable in advance, disclose the factors determining such odds;
(C) in the case of an advertisement that promotes a service that is not
operated  or expressly authorized by a Federal agency but that provides
information on a Federal program, include at the beginning of such
advertisement a clear disclosure that the service is not authorized,
endorsed, or approved by any Federal agency;
(D) shall not direct such advertisement at children under the age of 12,
unless such service is a bona fide educational service;
(E) in the case of advertising directed primarily to individuals under
the age of 18, clearly and conspicuously state in such advertising that
such individual must have the consent of such individual's parent or legal
guardian for the use of such services;
(F) be prohibited from using advertisements that emit electronic tones
which can automatically dial a pay-per-call telephone number;
(G) ensure that, whenever the number to be called is shown in television
and print media advertisements, the charges for the call are clear and
conspicuous and (when shown in television advertisements) displayed for
the same duration as that number is displayed;
(H) in delivering any telephone message soliciting calls to a pay-per-call
service, specify clearly, and at no less than the audible volume of the
solicitation, the total cost and the cost per minute and any other fees
for that service and for any other pay-per-call service to which the caller
may be transferred; and
(I) not advertise an 800 telephone number, or any other telephone number
advertised or widely understood to be toll free, from which callers are
connected to an access number for a pay-per-call service.
(2) PAY-PER-CALL SERVICE STANDARDS- The Commission shall prescribe rules
to require that each provider of pay-per-call services--
(A) include in each pay-per-call message an introductory disclosure
message that--
(i) describes the service being provided;
(ii) specifies clearly and at a reasonably understandable volume the total
cost or the cost per minute and any other fees for that service and for
any other pay-per-call service to which the caller may be transferred;
(iii) informs the caller that charges for the call begin at the end of
the introductory message;
(iv) informs the caller that parental consent is required for calls made
by children; and
(v) in the case of a pay-per-call service that is not operated or expressly
authorized by a Federal agency but that provides information on any Federal
program, a statement that clearly states that the service is not authorized,
endorsed, or approved by any Federal agency;
(B) enable the caller to hang up at or before the end of the introductory
message without incurring any charge whatsoever;
(C) not direct such services at children under the age of 12, unless such
service is a bona fide educational service;
(D) stop the assessment of time-based charges immediately upon disconnection
by the caller;
(E) disable any bypass mechanism which allows frequent callers to avoid
listening to the disclosure message described in subparagraph (A) after the
institution of any price increase and for a period of time sufficient to give
such frequent callers adequate and sufficient notice of the price change;
(F) be prohibited from providing pay-per-call services through an 800 number
or other telephone number advertised or widely understood to be toll free;
(G) be prohibited from billing consumers in excess of the amounts described
in the introductory message and from billing for services provided in
violation of the rules prescribed by the Commission pursuant to this section;
(H) ensure that any billing statement for such provider's charges shall--
(i) display any charges for pay-per-call services in a part of the consumer's
bill that is identified as not being related to local and long distance
telephone charges; and
(ii) for each charge so displayed, specify, at a minimum, the type of
service, the amount of the charge, and the date, time, and duration of
the call;
(I) be liable for refunds to consumers who have been billed for pay-per-call
services pursuant to programs that have been found to have violated the
regulations prescribed pursuant to this section or title III of this Act
or any other Federal law; and
(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-call 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 frequent 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 cycle of the program; and
(B) include a beep tone or other appropriate and clear signal during a
live interactive group program so that callers 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 widely distributed, that are printed
annually or less frequently, and that have an established policy 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 charge.
(8) TREATMENT OF RULES- A rule issued under this subsection shall be
treated as a rule issued under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(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.

09557a353f0c09e299b9533d5dd24dbb675cd3ab5c078a96fa9afe11b4c44245

TITLE II

-REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION

(a) IN GENERAL- Whenever an attorney general of any State has reason to
believe that the interests of the residents to that State have been or
are being threatened or adversely affected because any person has engaged
or is engaging in a pattern or practice which violates any rule of the
Commission under section 201(a), the State may bring a civil action on
behalf of its residents  in an appropriate district court of the United
States to enjoin such pattern or practice, to enforce compliance with such
rule of the Commission, to obtain damages on behalf of their residents,
or to obtain such further and other relief as the court may deem appropriate.
(b) NOTICE- The State shall serve prior written notice of any civil action
under subsection (a) upon the Commission and provide the Commission with a
copy of its complaint, except that if it is not feasible for the State to
provide such prior notice, the State shall serve such notice immediately
upon instituting such action. Upon receiving a notice respecting a civil
action, the Commission shall have the right (1) to intervene in such action,
(2) upon so intervening, to be heard on all matters arising therein, and
(3) to file petitions for appeal.
(c) VENUE- Any civil action brought under this section in a  district
court of the United States may be brought in the district wherein the
defendant is found or is an inhabitant or transacts business or wherein
the violation occurred or is occurring, and process in such cases may be
served in any district in which the defendant is an inhabitant or wherever
the defendant may be found.
(d) INVESTIGATORY POWERS- For purposes of bringing any civil action under
this section, nothing in this Act shall prevent the attorney general from
exercising the powers conferred on the attorney general by the laws of
such State to conduct investigations or to administer oaths or affirmations
or to compel the attendance of witnesses or the production of documentary
and other evidence.
(e) EFFECT ON STATE COURT PROCEEDINGS- Nothing contained in this section
shall prohibit an authorized State official from proceeding in State court
on the basis of an alleged violation of any general civil or criminal
antifraud statute of such State.
(f) LIMITATION- Whenever the Commission has instituted a civil action for
violation of any rule or regulation under this Act, no State may, during
the pendency of such action instituted by the Commission, subsequently
institute a civil action against any defendant named in the Commission's
complaint for violation of any rule as alleged in the Commission's complaint.
(g) Actions by Other State Officials-
(1) Nothing contained in this section shall prohibit an authorized State
official from proceeding in State court on the basis of an alleged violation
of any general civil or criminal statute of such State.
(2) In addition to actions brought by an attorney general of a State under
subsection (a), such an action may be brought by officers of such State who
are authorized by the State to bring actions in such State for protection
of consumers and who are designated by the Commission to bring an action
under subsection (a) against persons that the Commission has determined
have or are engaged in a pattern or practice which violates a rule of the
Commission under section 201(a).

39ca7af9d61ad6750a256d1f8b4504784408fddb19bc7e034a4e25f5fa600379

(a) IN GENERAL- Except as otherwise provided in section 202, this title
shall be enforced by the Commission under the Federal Trade Commission
Act (15 U.S.C. 41 et seq.). Consequently, no activity which is outside
the jurisdiction of that Act shall be affected by this Act, except for
purposes of this title.
(b) ACTIONS BY THE COMMISSION- The Commission shall prevent any person
from violating a rule of the Commission under section 201 in the same
manner, by the same means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this title. Any person who violates such rule shall be subject to
the penalties and entitled to the privileges and immunities provided in
the Federal Trade Commission Act in the same manner, by the same means,
and with the same jurisdiction, power, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act were incorporated
into and made a part of this title.

3dea8a5b59bce9a9e2645bd26c41af8e74fdfe0b827354a39022507323ea7d26

For purposes of this title:
(1) The term `pay-per-call services' has the meaning provided in section
228 of the Communications Act of 1934.
(2) The term `attorney general' means the chief legal officer of a State.
(3) The term `State' means any State of the United States, the District
of Columbia, Puerto Rico, the Northern Mariana Islands, and any territory
or possession of the United States.
(4) The term `Commission' means the Federal Trade Commission.

94fdbc1326a1c95c67e74110ed65b14d282889966e82841de9e0d57ded95dd25

(a) IN GENERAL-
(1) RULES REQUIRED- The Commission shall, in accordance with the requirements
of this section, prescribe rules establishing procedures for the correction
of billing errors with respect to telephone-billed purchases. The rules
prescribed by the Commission shall also include provisions to prohibit
unfair or deceptive acts or practices that evade such rules or undermine
the rights provided to customers under this title.
(2) SUBSTANTIAL SIMILARITY TO CREDIT BILLING- The Commission shall promulgate
rules under this section that impose requirements that are substantially
similar to the requirements imposed, with respect to the resolution of
credit disputes, under the Truth in Lending and Fair Credit Billing Acts
(15 U.S.C. 1601 et seq.).
(3) TREATMENT OF RULE- A rule issued under paragraph (1) shall be treated
as a rule issued under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57(a)(1)(B)).
(b) RULEMAKING SCHEDULE AND PROCEDURE- 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 under section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) regarding unfair or deceptive acts or
practices. 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.
(d) CORRECTION OF BILLING ERRORS AND CORRECTION OF CREDIT REPORTS- In
prescribing rules under this section, the Commission shall consider,
with respect to telephone-billed purchases, the following:
(1) The initiation of a billing review by a customer.
(2) Responses by billing entities and providing carriers to the initiation
of a billing review.
(3) Investigations concerning delivery of telephone-billed purchases.
(4) Limitations upon providing carrier responsibilities, including
limitations on a carrier's responsibility to verify delivery of audio
information or entertainment.
(5) Requirements on actions by billing entities to set aside charges from
a customer's billing statement.
(6) Limitations on collection actions by billing entities and vendors.
(7) The regulation of credit reports on billing disputes.
(8) The prompt notification of credit to an account.
(9) Rights of customers and telephone common carriers regarding claims
and defenses.
(10) The extent to which the regulations should diverge from requirements
under the Truth in Lending and Fair Credit Billing Acts in order to protect
customers, and in order to be cost effective to billing entities.

5800c46e53fe2c6c0caef08cf822d6fc6b39b9cb1da640814ce0026a9b1d70d1

TITLE III

-BILLING AND COLLECTION

(a) STATE LAW APPLICABLE UNLESS INCONSISTENT- This title does not annul,
alter, or affect, or exempt any person subject to the provisions of this
title from complying with, the laws of any State with respect to telephone
billing practices, except to the extent that those laws are inconsistent
with any provision of this title, and then only to the extent of the
inconsistency. The Commission is authorized to determine whether such
inconsistencies exist. The Commission may not determine that any State
law is inconsistent with any provision of this chapter if the Commission
determines that such law gives greater protection to the consumer.
(b) REGULATORY EXEMPTIONS- The Commission shall by regulation exempt
from the requirements of this title any class of telephone-billed
purchase transactions within any State if it determines that under the
law of that State that class of transactions is subject to requirements
substantially similar to those imposed under this chapter or that such
law gives greater protection to the consumer, and that there is adequate
provision for enforcement.

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The Commission shall enforce the requirements of this title. For the purpose
of the exercise by the Commission of its functions and powers under the
Federal Trade Commission Act, a violation of any requirement imposed under
this title shall be deemed a violation of a requirement imposed under
that Act. All the functions and powers of the Commission under that Act
are available to the Commission to enforce compliance by any person with
the requirements imposed under this title, irrespective of whether that
person is engaged in commerce or meets any other jurisdictional tests in
that Act. The  Commission may prescribe such regulations as are necessary
or appropriate to implement the provisions of this title.

67af88719ea7533f32369b7b4cf6a4aa3b154494d455afa7e61be0a187098af0

As used in this title--
(1) The term `telephone-billed purchase' means any purchase that is completed
solely as a consequence of the completion of the call or a subsequent
dialing, touch tone entry, or comparable action of the caller. Such term
does not include--
`(A) a purchase by a caller pursuant to a preexisting agreement with
the vendor;
(B) local exchange telephone services or interexchange telephone services or
any service that the Federal Communications Commission determines, by rule--
(i) is closely related to the provision of local exchange telephone services
or interexchange telephone services; and
(ii) is subject to billing dispute resolution procedures required by
Federal or State statute or regulation; or
(C) the purchase of goods or services which is otherwise subject to billing
dispute resolution procedures required by Federal statute or regulation.
(2) A `billing error' consists of any of the following:
(A) A reflection on a billing statement for a telephone-billed purchase
which was not made by the customer or, if made, was not in the amount
reflected on such statement.
(B) A reflection on a billing statement of a telephone-billed purchase for
which the customer requests additional clarification, including documentary
evidence thereof.
(C) A reflection on a billing statement of a telephone-billed purchase
that was not accepted by the customer or not provided to the customer in
accordance with the stated terms of the transaction.
(D) A reflection on a billing statement of a telephone-billed purchase
for a call made to an 800 or other toll free telephone number.
(E) The failure to reflect properly on a billing statement a payment
made by the customer or a credit issued to the customer with respect to
a telephone-billed purchase.
(F) A computation error or similar error of an accounting nature on
a statement.
(G) Failure to transmit the billing statement to the last known address
of the customer, unless that address was furnished less than twenty days
before the end of the billing cycle for which the statement is required.
(H) Any other error described in regulations prescribed by the Commission
pursuant to section 553 of title 5, United States Code.
(3) The term `Commission' means the Federal Trade Commission.
(4) The term `providing carrier' means a local exchange or interexchange
common carrier providing telephone services (other than local exchange
services) to a vendor for a telephone-billed purchase that is the subject
of a billing error complaint.
(5) The term `vendor' means any person who, through the use of the telephone,
offers goods or services for a telephone-billed purchase.
(6) The term `customer' means any person who acquires or attempts to
acquire goods or services in a telephone-billed purchase.

533640e6a6f3bacc77d66b8ee6348aa10bb02becb7f457c148e15822b83602bd

EQUIPMENT AND SERVICES.
(a) DEMONSTRATION PROPOSAL- Within 180 days after the date of enactment of
this Act, the Assistant Secretary of Energy for Conservation and Renewable
Energy, in consultation with the Assistant Secretary of Commerce for
Communications and Information, shall submit to Congress a proposal for
demonstrating the ability of new and innovative communications equipment and
services to further the national goals of conserving energy and protecting
public health and safety.
(b) FACTORS TO BE ADDRESSED- The demonstration proposal required by
subsection (a) shall address--
(1) the feasibility of using communications technologies to read meters
from remote locations;
(2) the feasibility of managing the consumption of electrical power and
natural gas by residences and businesses, thereby reducing the demand for
new and additional sources of energy, and controlling the cost of providing
improved utility services; and
(3) the public safety implications of monitoring utility services outages
during earthquakes, hurricanes, typhoons, tornadoes, volcanoes, and other
natural disasters.
(c) PROJECT TO DEMONSTRATE ENERGY CONSERVATION POTENTIAL- Upon submission
of the demonstration proposal to the Congress, the Secretary of Energy
shall consider requesting from the Assistant Secretary of Commerce for
Communications and Information the authority to use radio frequencies,
pursuant to section 305 of the Communications Act of 1934 (47 U.S.C. 305),
to carry out demonstration projects consistent with the proposal that are
designed to demonstrate the energy conservation potential of communications
technologies and which are administered by the Secretary of Energy.

aeaee5c8816ccf6f53e9c6dc231ae3b6594572148cf49b10b7abc7390a1d785e

TITLE IV

-MISCELLANEOUS PROVISIONS

Section 227(b)(2) of the Communications Act of 1934 (47 U.S.C. 227(b)(2))
is amended--
(1) by striking `and' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B) and inserting
`; and'; and
(3) by inserting after subparagraph (B) the following new subparagraph:
`(C) may, by rule or order, exempt from the requirements of paragraphs
(1)(A)(iii) of this subsection calls to a telephone number assigned to
a cellular telephone service that are not charged to the called party,
subject to such conditions as the Commission may prescribe as necessary
in the interest of the privacy rights this section is intended to protect.'.

ea6611a3a1ef6aa0038fcc110bc7677853c432796507c3db179eaabe2e172e87

(a) AMENDMENT- Section 302 of the Communications Act of 1934 (47 U.S.C. 302)
is amended by adding at the end the following new subsection:
`(d)(1) Within 180 days after the date of enactment of this subsection, the
Commission shall prescribe and make effective regulations denying equipment
authorization (under part 15 of title 47, Code of Federal Regulations, or
any other part of that title) for any scanning receiver that is capable of--
`(A) receiving transmissions in the frequencies allocated to the domestic
cellular radio telecommunications service,
`(B) readily being altered by the user to receive transmissions in such
frequencies, or
`(C) being equipped with decoders that covert digital cellular transmissions
to analog voice audio.
`(2) Beginning 1 year after the effective date of the regulations adopted
pursuant to paragraph (1), no receiving having the capabilities described
in subparagraph (A), (B), or (C) of paragraph (1), as such capabilities
are defined in such regulations, shall be manufactured in the United States
or imported for use in the United States.'.
(b) REPORT TO CONGRESS- The Commission shall report to Congress no later than
June 1, 1993, on available security features for both analog and digital
radio signals. This report shall include a study of security technologies
currently available as well as those in development. The study shall assess
the capabilities of such technologies, level of security afforded, and cost,
with wide-spread deployment of such technologies.
(c) EFFECT ON OTHER LAWS- This section shall not effect section 2512(2)
of title 18, United States Code.

8de595460fbdf55f1745db1886fe02432442fe1eb00773ba7590e0573c032975

Telephone Disclosure and Dispute Resolution Act

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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