1. (a) Posting requirements. Each operator services provider (OSP) shall:

   1. (1) Ensure by contract or tariff that each aggregator, for which such provider is the presubscribed provider of operator services, posts on or near the telephone instrument, in plain view of consumers:

      1. (A) The name, address, and toll-free number of the provider of operator services;
      2. (B) A written disclosure that the rates for all operator-assisted calls are available on request, and that consumers:

2. (i) Have a right to obtain access to the intrastate common carrier of their choice; and

   1. (ii) May contact their preferred intrastate common carrier for information on accessing that carrier’s service using that telephone; and

      1. (C) The name and address of the Consumer Services Office of the Arkansas Public Service Commission, to which the consumer may direct complaints regarding operator services;

   2. (2)

      1. (A) Ensure by contract or tariff that aggregators will not block “800 type” or “950” access code numbers.
      2. (B) “10XXX O+ and O-” access code numbers shall be unblocked for intrastate calls at locations where the serving LEC can provide originating line screening; and
   3. (3) Withhold payment, on a location-by-location basis, of any compensation, including commissions, to aggregators if such provider reasonably believes that the aggregator is failing to meet the posting requirements or is blocking access in violation of subdivision (a)(1) or (a)(2) of this section.

3. (b) Disclosure and billing practices.

   1. (1)

      1. (A) An OSP shall “brand” calls to more fully ensure that customers have freely chosen to use that company’s services.
      2. (B) The first brand must occur at the beginning of the call prior to the entering of a billing number by the customer.
      3. (C) For automated systems, the first brand shall occur prior to or immediately after the “bong tone”, which signals callers to begin entering a dialing number.
      4. (D) OSPs using automated equipment that routes calls to other service providers based on the billing information provided by the consumer may brand immediately after the input of such billing information so that the consumer hears only the brand of the OSP that is actually handling the call.

      5. (E) Parties shall not brand in the name of another party if:

         1. (i) Rates are merely modeled on or copied from that party’s rates; and
         2. (ii) That party has not consented to the use of its name in the brand.
      6. (F) The second brand shall occur before connecting the call and before a charge is incurred by the end user.
   2. (2) An OSP shall allow consumers to terminate calls without incurring a charge before a connection is completed.

   3. (3)

      1. (A) An OSP shall disclose upon request and at no cost to the consumer information regarding its rates and charges.
      2. (B) Any rates quoted by an OSP must be exact rather than approximate, based on the pricing of the specific call.

   4. (4)

      1. (A) An OSP shall not:

         1. (i) Bill for unanswered calls in areas where answer supervision is available; and
         2. (ii) Knowingly bill for such calls where answer supervision is not available.
      2. (B) This section shall not apply to providers of automated message delivery services (AMDS), provided that the AMDS provider does not bill for the initial call if it is unanswered or uncompleted.

   5. (5) An OSP shall not splash a call except when a consumer:

      1. (A) Specifically requests that the call be completed;
      2. (B) Is informed that the bill for the call might reflect a different originating location; and
      3. (C) Consents to having the call splashed.

   6. (6)

      1. (A) OSPs, including automated services, must connect emergency calls to the appropriate emergency service serving a caller’s location at no charge to the caller.
      2. (B) Emergency calls shall be connected to the appropriate emergency service provider for the reported site of the emergency when the originating call location is different from the site of the emergency.

   7. (7) An OSP shall provide consumers using its services access to a live operator:

      1. (A) At the outset of the call; and
      2. (B) Prior to the consumer incurring a charge.
   8. (8) An OSP shall disclose, without a charge and upon request, the methods by which complaints concerning such rates, charges, or collection practices will be resolved.

   9. (9)

      1. (A) An OSP shall not impose any charges over and above the rates on file with the Arkansas Public Service Commission.
      2. (B) An OSP shall not bill or include as part of its operator service charges any surcharge imposed by the call aggregator for or in connection with telephone service provided by the OSP.
   10. (10) The OSP shall render bills not later than ninety (90) days after service is provided.
   11. (11) OSPs shall report intrastate usage to the administrator of the Arkansas Intrastate Carrier Common Line Pool for appropriate recovery of non-traffic-sensitive costs associated with the local loop.

   12. (12) If an OSP satisfies subdivisions (a)(1) and (2) of this section by contract, the:

       1. (A) OSP shall file sample location contracts with the Arkansas Public Service Commission; and

       2. (B) Sample location contracts shall be maintained with the OSP’s tariffs in the office of the secretary of the Arkansas Public Service Commission.

          1. (c) Exemptions. Correction and inmate facilities are exempt from all OSP rules except subdivision (b)(11) of this section.

Codification Notes: This section was promulgated as Rule 15.01 of the Telecommunications Providers Rules prior to codification in the Code of Arkansas Rules.