Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since November 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R746. Public Service Commission, Administration.

Rule R746-346. Operator-Assisted Services.

As in effect on November 1, 2014

Table of Contents

R746-346-1. General Provisions.

A. Authorization -- Section 54-8b-13 requires that the Commission establish rules for operator- assisted services.

B. Title -- These rules shall be known and may be cited as Operator-Assisted Service Rules.

C. Scope and Applicability -- These rules are intended to assure that the specific requirements of 54-8b-13(1)(a)-(d) are placed into effect.

R746-346-2. General Definitions.

The following words and terms shall have the following meaning in this section, unless the context clearly indicates otherwise:

A. "Aggregator" -- A person that:

1. is not a telecommunications corporation;

2. in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider;

3. receives from an operator service provider by contract, tariff, or otherwise, commissions or compensation for calls delivered from the aggregator's location to the operator service provider.

B. "Automatic Number Identification" -- The ability to automatically identify the originating telephone number from the local switching system.

C. "Call Splashing" -- Call transferring, whether caller requested or operator service provider initiated, that results in a call being rated or billed from a site different from the one from which the call originated.

D. Call Transferring" -- Processing of a call from one operator service provider to another operator service provider.

E. "End User Choice" -- The ability to route operator-assisted calls to the billed party's chosen operator service provider and telecommunication carrier.

F. "Operator-Assisted Service" -- Services which assist callers in placing or charging a telephone call, either through live intervention or automated intervention.

G. "Operator Service Provider" -- A person who provides, for a fee to a caller, operator-assisted services.

K. "Originating Line Screening" -- A two-digit code passed by the local switching system, with the automatic number identification, at the beginning of a call that provides information about the originating line.

L. "Redirect the Call" -- A procedure used by operator service providers that transmits a signal back to the originating telephone instrument and causes the instrument to disconnect the operator service provider's connection and to redial the digits, originally dialed by the caller, directly to the local exchange carrier's network.

R746-346-3. Information to be Provided at the Telephone Set.

A. Notice -- A contract between an operator service provider and a call aggregator for the provision of operator service to public telephones shall require the call aggregator to attach to or prominently display near each public telephone a notice that provides:

1. the name, address and toll-free number of the operator service provider;

2. instructions for accessing the operator service provider;

3. when technically feasible, instructions for accessing any other operator service provider operating in the relevant geographical area;

4. instructions for accessing the public safety emergency telephone numbers for the jurisdiction where aggregator's telephone service is geographically located;

B. Correctional Facility Telephones -- The requirements of section R746-346-3(A)(3) and (4) shall not apply to telephones located in the secured inmate areas of correctional facilities.

R746-346-4. Requirements before Call is Completed.

The provider of operator services shall:

A. identify itself to the customer upon answering calls;

B. identify itself to the billed party if the billed party is different from the caller;

C. quote rate information at the caller's request, without charge, 24 hours a day, seven days a week;

D. permit the caller to terminate the call at no charge prior to completion of the call by the operator service provider.

R746-346-5. Uncompleted Call.

A. Billing -- No operator service provider shall charge for uncompleted calls.

B. Determination -- If the operator service provider cannot determine with certainty that a call was completed, it shall provide a full credit for a call of one minute or less upon being informed by a customer that the call was not completed.

C. Includes -- An uncompleted call includes calls terminating to an intercept recording live intercept operator, a busy tone, or unanswered calls.

D. Does Not Include -- An uncompleted call does not include calls using busy line interrupt, line status verification, or directory assistance services.

R746-346-6. 911 Calls, "0-" Calls, and End-User Choice.

A. "911" Calls -- A contract between an operator service provider and a call aggregator for the provision of operator services using public telephones shall require that "911" calls to be connected directly to the public emergency agency serving the geographic location from which the call was made without charge.

B. "0-" Calls -- When end-user choice is not available the contract between an operator service provider and a call aggregator for the provision of operator services through public telephones shall require the operator service provider to directly route "0-" calls to the local exchange carrier operator without charge to the calling party, unless the operator service provider provides direct access to emergency service providers. In providing access to emergency service providers, the operator service provider shall:

1. identify the originating telephone number and the location of the originating telephone, except that local exchange carriers shall be allowed to identify the location using internal sources such as repair service or business office records if the internal sources are accessible to operators for emergency purposes 24 hours a day;

2. have a complete and current list of emergency service provider telephone numbers for each telephone prefix served, including police or sheriff, fire, and ambulance;

3. be available 24 hours a day, seven days a week, without charge;

4. promptly connect the caller to the public emergency agency serving the geographic locality from which the call is made;

5. stay on the line until the operator determines that the caller is connected to the proper emergency agency;

C. Correctional Facilities -- The requirements of R746-346-6 shall not apply to telephones located in secured inmate areas of correctional facilities.

D. Initial Routing -- Nothing in this section shall require the initial routing of "0-" calls from public or semi-public, shared pay phone, telephones owned by the local exchange carrier to an operator service provider other than the local exchange carrier itself.

R746-346-7. Customer Complaints.

A. Toll-Free Number -- The operator service provider shall have a toll-free telephone number that callers may use from 8 a.m. to 5 p.m., Monday through Friday to make complaints and inquiries.

B. Process -- Upon complaint to the operator service provider by a customer either at its office, by letter, or by telephone, the operator service provider may attempt to resolve the complaint, but if it is unwilling or unable to do so shall advise the complainant of the Commission's complaint process and give the complainant the address and telephone number of the Compliance and Complaint Section of the Division. If appropriate, the operator service provider shall also give the customer the Commission's telephone device for the deaf number.

C. Investigation -- The operator service provider shall make an investigation of complaints forwarded from the Commission on behalf of a customer. The operator service provider shall formally advise the Commission of the results of the investigation within ten days after the complaint is forwarded by the Commission.

R746-346-8. Caller Access.

A. Contract -- A contract between an operator service provider and a call aggregator for the provision of operator services through public telephones shall require that the caller have access to the local exchange carrier operator servicing the exchange from which the call is made and to other telecommunication utilities, unless otherwise provided in R746-346-8(C).

B. Conditions -- The access required by this section shall be subject to the following conditions:

1. Caller access to the local exchange carrier operator shall be accomplished either:

a. by directly routing all "0-" calls to the local exchange carrier operator without charge to the caller; or

b. by transfer or redirection of the call by the operator service provider, without charge to the caller so that the local exchange carrier operator receives all signaling information, for example automatic number identification and originating line screening, that would have been received by the local exchange operator if the call had been directly routed to the local exchange carrier. The operator service provider shall be in compliance with the requirements of R746-346-6(B).

2. Caller access to interexchange carriers by "950-XXXX" and "1-800" numbers shall not be blocked.

3. Caller access to interexchange carriers by "10XXX+0," whether "10XXX+0+" or "10XXX+0," dialing shall not be blocked if the end office serving the originating line has originating line screening capability. A nonpresubscribed interexchange carrier shall not bill the call aggregator or the presubscribed interexchange carrier for local or toll messages originated at the call aggregator's facility by use of "10XXX+0," whether "10XXX+0+" or "10XXX+0-," dialing if the call aggregator:

a. has subscribed to the necessary local exchange company outgoing call screening feature to ensure that appropriate originating line screening is transmitted with each call; and

b. has provided 30 days notice to the interexchange carrier that originating screening is available.

C. Waiver -- Application for waiver of the above caller access requirements may be filed with the Commission by the call aggregator or the operator service provider to prevent fraudulent use of telephone services or for other good cause. If the application for waiver pertains to technical limitations of equipment, the equipment shall be clearly identified in the application, including the manufacturer and the model. The application shall indicate the date of purchase of the equipment by the call aggregator, the extent to which equipment is available to allow the access requirements to be met, the associated costs, and the time requirements associated with equipment modifications.

R746-346-9. Call Splashing.

No operator service provider shall transfer a call to another operator service provider unless that transfer is accomplished at, and billed from, the call's place of origin. If the transfer is not technically possible, the operator service provider shall inform the caller that the call cannot be transferred as requested and that the caller should hang up and attempt to reach another operator service provider through means provided by that other operator service provider.

R746-346-10. Enforcement.

The Commission or the Division shall investigate any complaint against an aggregator, operator service provider, interexchange carrier, or local exchange carrier alleged to have violated these rules. The alleged violator shall be given an opportunity to informally resolve complaints involving violation of these rules. If no resolution is achieved informally, the Commission or the Division may, upon its own motion or upon request of the original complainant, formally investigate the complaint and, upon proper notice, evidentiary hearing, and determination that a violation has occurred or is about to occur, may take action as it deems justified pursuant to 54-8b-13(3).

KEY

public utilities, telecommunications, telephone utility regulation

Date of Enactment or Last Substantive Amendment

1991

Notice of Continuation

December 17, 2012

Authorizing, Implemented, or Interpreted Law

54-4-1; 54-8b-13


Additional Information

Contact

For questions regarding the content or application of rules under Title R746, please contact the promulgating agency (Public Service Commission, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.