§ 64.710   Operator services for prison inmate phones.

   (a) Each provider of inmate operator services shall:

   (1) Identify itself and disclose, audibly and distinctly to the
   consumer, at no charge and before connecting any interstate, non-access
   code operator service call, how to obtain the total cost of the call,
   including any surcharge or premises-imposed-fee. The oral disclosure
   required in this paragraph shall instruct consumers that they may
   obtain applicable rate and surcharge quotations either, at the option
   of the provider of inmate operator services, by dialing no more than
   two digits or by remaining on the line. The phrase “total cost of the
   call,” as used in this paragraph, means both the variable
   (duration-based) charges for the call and the total per-call charges,
   exclusive of taxes, that the carrier, or its billing agent, may collect
   from the consumer for the call. Such phrase shall include any per-call
   surcharge imposed by the correctional institution, unless it is subject
   to regulation itself as a common carrier for imposing such surcharges,
   if the contract between the carrier and the correctional institution
   prohibits both resale and the use of pre-paid calling card
   arrangements.

   (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—

   (i) The methods by which its rates or charges for the call will be
   collected; and

   (ii) The methods by which complaints concerning such rates, charges or
   collection practices will be resolved.

   (b) As used in this subpart:

   (1) Consumer means the party to be billed for any interstate call from
   an inmate telephone;

   (2) Inmate telephone means a telephone instrument set aside by
   authorities of a prison or other correctional institution for use by
   inmates.

   (3) Inmate operator services means any interstate telecommunications
   service initiated from an inmate telephone that includes, as a
   component, any automatic or live assistance to a consumer to arrange
   for billing or completion, or both, of an interstate telephone call
   through a method other than:

   (i) Automatic completion with billing to the telephone from which the
   call originated; or

   (ii) Completion through an access code used by the consumer, with
   billing to an account previously established with the carrier by the
   consumer;

   (4) Provider of inmate operator services means any common carrier that
   provides outbound interstate operator services from inmate telephones.

   [ 63 FR 11617 , Mar. 10, 1998, as amended at  67 FR 2820 , Jan. 22, 2002]

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Subpart H—Extension of Unsecured Credit for Interstate and Foreign
Communications Services to Candidates for Federal Office

   Authority: Secs. 4, 201, 202, 203, 218, 219, 48 Stat. 1066, 1070, 1077;
   47 U.S.C. 154, 201, 202, 203, 218, 219; sec. 401, 86 Stat. 19; 2 U.S.C.
   451.

   Source:  37 FR 9393 , May 10, 1972, unless otherwise noted.

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