Section 770.10  Definitions

 

            "Access code" means a sequence of numbers that, when dialed, connects the caller to the provider of operator services associated with that sequence. These access codes include, but are not limited to, 950, 1-800 and 10XXX.

 

            "Act" means the Public Utilities Act [220 ILCS 5].

 

            "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 (Section 13-901 of the Act).

 

            "Call splashing" means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of origination of the call, and because of such inability or unwillingness is prevented from billing the call on the basis of such location.

 

            "Commission" means the Illinois Commerce Commission.

 

            "Consumer" means a person initiating any intrastate telephone call using operator services.

 

            "Contract" means any contract that involves the provision of operator services.

 

            "Equal access" has the meaning given that term in Appendix B of the Modification of Final Judgement entered by the United States District Court on August 24, 1982 in United States v. Western Electric, Civil Action No. 82-0192 (D.D.C. 1982), as amended by the Court in its orders issued prior to September 1, 1994.

 

            "Equal access code" means an access code that allows the consumer to obtain an equal access connection to the carrier associated with that code.

 

            "FCC" means the Federal Communications Commission.

 

            "GDP Implicit Price Deflator" means the index that the Department of Commerce produces to measure the price level for a varied market basket of goods and services in the economy.  The recorded measure of the GDP Implicit Price Deflator as reported by the WEFA Group is to be used for purposes of this Part.

 

            "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 (Section 13-901 of the Act).

 

            "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:

 

            Automatic completion with billing to the telephone from which the call originated;

 

            Completion through an access code or a proprietary account number used by the consumer, with billing to an account previously established with the carrier by the consumer; or

 

            Completion in association with directory assistance services (Section 13-901 of the Act).

 

(Source:  Amended at 18 Ill. Reg. 13053, effective September 1, 1994)

 

Section 770.20  Standards of Service

 

a)         Each provider of operator services shall:

 

1)         identify itself, audibly and distinctly, to the consumer at the beginning of each telephone call and before the consumer incurs any charge for the call;

 

2)         permit the consumer to terminate the telephone call at no charge before the call is connected; and

 

3)         disclose immediately to the consumer, upon request and at no charge to the consumer:

 

A)        a quotation of its rates or charges for the call;

 

B)        the methods by which such rates or charges will be collected; and

 

C)        the methods by which complaints concerning such rates, charges, or collection practices will be resolved.

 

b)         Each aggregator, person, or entity owning or controlling the telephone instrument shall post the following on or near the telephone instrument, in plain view of consumers:

 

1)         the name, address, and toll-free telephone number of the provider of operator services;

 

2)         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 carrier of their choice and may contact their preferred carrier for information on accessing that carrier's service using that telephone.

 

c)         Each aggregator shall ensure by contract or tariff that each of its telephones presubscribed to a provider of operator services allows the consumer to use "800", "950", and equal access code numbers (for example, "10XXX 0+") to obtain access to the provider of operator services desired by the consumer.

 

d)         Access to carriers via equal access codes shall be provided to consumers where equal access is available, according to the unblocking requirements in Section 770.30 of this Part.

 

e)         All 9-1-1 telephone calls shall be directed to the network as dialed.

 

f)         Upon receipt of any emergency telephone call, a provider of operator services shall immediately connect the call to the appropriate emergency service of the reported location of the emergency, if known, and, if not known, of the originating location of the call.

 

(Source:  Amended at 18 Ill. Reg. 13053, effective September 1, 1994)

 

Section 770.30   Requirements for Unblocking of Access

 

a)         Each aggregator or operator service provider shall ensure that any of its equipment allows the consumer to use equal access codes to obtain access, where available, from the central office to the consumer's  desired provider of operator services.  The requirements for the unblocking of access for intrastate telephone calls are as follows:

 

1)         All equipment shall allow the consumer to use access codes other than equal access code to gain access to the consumer's desired provider of operator services;

 

2)         Each pay telephone shall allow the consumer to use equal access codes to gain access to the consumer's desired provider of operator services;

 

3)         All existing equipment that is technologically capable of identifying the dialing of an equal access code followed by any sequence of numbers that will result in billing to the originating telephone and that is technologically capable of blocking access through such dialing sequences without blocking access through other dialing sequences involving equal access codes shall allow the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services;

 

4)         All new equipment or software that is installed by an aggregator shall, immediately upon installation by the aggregator, allow the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services;

 

5)         All existing equipment that can be modified at a cost of no more than $15.00 per line to be technologically capable of identifying the dialing of an equal access code followed by any sequence of numbers that will result in billing to the originating telephone and to be technologically capable of blocking access through such dialing sequences without blocking access through other dialing sequences involving equal access codes shall allow the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services;

 

6)         All equipment not included in subsections (a)(2) - (5) of this Section shall, no later than April 17, 1997, allow the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services.

 

b)         The requirements of subsection (a) do not apply to the use by consumers of equal access code dialing sequences that result in billing to the originating telephone.

 

c)         The Commission shall grant a petition for a waiver from unblocking requirements of this Section when the FCC has granted the petitioner a waiver of the requirements of 47 C.F.R. 64.704.

 

d)         All providers of operator services, except those employing a store-and-forward device that serves only consumers at the location of the device, shall provide an "800" or "950" access code number.  If a local exchange carrier that provides operator services is not accessible from all aggregator phones in its service area, then the local exchange carrier shall provide an "800" or "950" access code number.

 

(Source:  Amended at 18 Ill. Reg. 13053, effective September 1, 1994)

 

Section 770.40  Restrictions on Billing and Charges

 

a)         Restrictions on billing

 

1)         Consumers shall be billed within one year after the date the service was provided.

 

2)         The operator service provider (or its billing agent) shall be identified on the consumer's bill.  Where technically feasible, the operator service provider shall be listed in lieu of, or in addition to, the billing agent.

 

3)         Incorrect billing

 

A)        Refunds for Completed Calls.  In the event that a consumer is billed incorrectly for a completed call by the operator service provider due to an error either in charging more than the published rate, in measuring the quantity or volume of the service provided, or in charging for the incorrect class of service, the operator service provider shall refund the overcharge upon discovery or upon request.

 

B)        Refunds for uncompleted calls.  No operator service provider shall knowingly charge for uncompleted calls.  All operator service providers shall make refunds for any paid uncompleted calls upon request.

 

C)        Rate of interest.  If the consumer has paid the bill in subsection (a)(3)(A) or (a)(3)(B) above, and the billing is later found to be incorrect, then the refund will be made with interest from the date of overpayment by the consumer.  The rate of interest shall be the rate as established by the Commission to be paid on deposits in 83 Ill. Adm. Code 735.120(h)(1).  The refund shall be accomplished by a credit on a subsequent bill for telephone service, or by check if so requested by the consumer.

 

b)         Restriction on charges.  A provider of operator services shall:

 

1)         not bill for unanswered telephone calls in areas where equal access is available;

 

2)         not knowingly bill for unanswered telephone calls where equal access is not available;

 

3)         not bill for a call in a manner that does not reflect the location of the origination of the call, except as provided in subsection (b)(4) of this Section;

 

4)         not engage in call splashing, as defined in Section 770.10, 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.

 

c)         Each provider of intrastate operator services shall comply with the following requirements:

 

1)         The maximum rates and charges to be charged by an operator service provider for usage charges shall not exceed the following rates:

 

Rate Mileage	Initial 1 Minute	Each Additional Minute
1-10	$.2125	$.1875
11-22	$.2250	$.2125
23-55	$.2375	$.2250
56-124	$.2625	$.2500
125-292	$.2875	$.2750
293+	$.3000	$.2875

 

2)         The maximum rates and charges for operator surcharges shall not exceed the following rates:

 

A)        Operator Station (consumer dialed 0+) collect, billed to third number, coin call, or billed to a calling card:  $2.50;

 

B)        Operator Station (operator dialed 0-) collect, billed to third number, coin call, or billed to a calling card:  $3.75;

 

C)        Person-to-Person (consumer dialed 0+ and operator dialed 0-) billed to a calling card:  $4.50;

 

D)        Person-to-person (consumer dialed 0+) collect, billed to third number, or coin call:  $4.50; and

 

E)        Person-to-person (operator dialed 0-) collect, billed to third number, or coin call:  $5.75.

 

d)         All charges shall be included in the amounts authorized by subsection (c) above.

 

e)         The amounts authorized in subsection (c) shall be escalated annually by the percentage change in the GDP Implicit Price Deflator with the first adjustment to be effective January 1, 1995.  In December of each year the Commission shall announce the rate of inflation and the new maximum price levels for the next year.

 

(Source:  Added at 18 Ill. Reg. 13053, effective September 1, 1994)

 

Section 770.50  Contract/Tariff Provisions between Operator Service Providers and Aggregators

 

a)         Each provider of operator services shall ensure, by contract or tariff:

 

1)         that each aggregator for which such provider is the presubscribed provider of operator services is in compliance with the requirements of Sections 770.20 and 770.30 of this Part;

 

2)         that payment (on a location-by-location basis) of any compensation, including commissions, will be withheld to aggregators if such provider reasonably believes that the aggregator is blocking access to intrastate common carriers in violation of Section 770.20(c) and (d).

 

b)         For purposes of this Part, telephones in the following locations will not be considered aggregator locations:

 

1)         Those areas of mental health facilities as defined in Section 1-114 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/1-114] or developmental disability facilities as defined in Section 1-107 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/1-107] that are not accessible to the public; and

 

2)         Those areas of correctional institutions or facilities as defined in Section 3-1-2 of the Unified Code of Corrections [730 ILCS 5/3-1-2], county jails and detention centers, or any detention facility operated by a unit of local government that are not accessible to the public.

 

(Source:  Added at 18 Ill. Reg. 13053, effective September 1, 1994)

 

Section 770.60  Enforcement of Rules

 

a)         Upon receipt of a complaint of a violation of this Part, the Commission may initiate a proceeding to revoke the Certificate of Service Authority of an operator service provider or an aggregator alleged to be in violation of this Part, or may initiate a proceeding to terminate service to an operator service provider or an aggregator alleged to be in violation of this Part.

 

b)         A copy of the Commission's order in either proceeding shall be served on the designated agent of the operator service provider and on the aggregator, if known.  The Commission shall set the matter for hearing within 30 days after its order.  The procedures for such hearing to review alleged violations shall follow 83 Ill. Adm. Code 200, "Rules of Practice."

 

c)         The Commission shall issue its final order within 90 days after the order initiating the proceeding.  Certified copies of the order shall be served on the designated agent for the operator service provider and on the aggregator, if appropriate.

 

d)         A telecommunications carrier shall terminate service to the operator service provider or the aggregator that is found to be in violation of this Part within 14 days after the Commission's order.

 

e)         A violation of this Part is a business offense subject to a fine of not less than $1,000 nor more than $5,000.

 

(Source:  Added at 18 Ill. Reg. 13053, effective September 1, 1994)