Sec.  64.1501   Definitions.

   For purposes of this subpart, the following definitions shall apply:

   (a) Pay-per-call service means any service:

   (1) 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;

   (2) 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

   (3) Which is accessed through use of a 900 number;

   (4)  Provided,  however, 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 for which users are assessed charges only
   after entering into a presubscription or comparable arrangement with the
   provider of such service.

   (b) Presubscription or comparable arrangement means a contractual agreement
   in which:

   (1) The service provider clearly and conspicuously discloses to the consumer
   all material terms and conditions associated with the use of the service,
   including the service provider's name and address, a business telephone
   number which the consumer may use to obtain additional information or to
   register a complaint, and the rates for the service;

   (2) The service provider agrees to notify the consumer of any future rate
   changes;

   (3) The consumer agrees to use the service on the terms and conditions
   disclosed by the service provider; and

   (4) The service provider requires the use of an identification number or
   other means to prevent unauthorized access to the service by nonsubscribers;

   (5) Provided, however, that disclosure of a credit, prepaid account, debit,
   charge,  or calling card number, along with authorization to bill that
   number, made during the course of a call to an information service shall
   constitute a presubscription or comparable arrangement if an introductory
   message containing the information specified in  Sec. 64.1504(c)(2) is provided
   prior to, and independent of, assessment of any charges. No other action
   taken by a consumer during the course of a call to an information service,
   for which charges are assessed, can create a presubscription or comparable
   arrangement.

   (6) Provided, that a presubscription arrangement to obtain information
   services  provided by means of a toll-free number shall conform to the
   requirements of  Sec. 64.1504(c).

   (c)  Calling  card  means  an identifying number or code unique to the
   individual, that is issued to the individual by a common carrier and enables
   the individual to be charged by means of a phone bill for charges incurred
   independent of where the call originates.

   [ 61 FR 39087 , July 26, 1996]