SECTION 165:57-3-1. General operations - operator service providers

(a)   Every OSP shall:

(1)   Brand to the end-user at the beginning of each telephone call. For third party or collect calls, similar identification shall be made to the consumer who is responsible for payment.

(2)   If subscribing to a LEC's 0- Transfer or similar service, not knowingly take any action that would deny other OSPs who subscribe to said 0- Transfer or similar service an equal opportunity of being offered to and chosen by the end-user where the end-user is indifferent to the OSP who carries the call. LECs who provide a 0- Transfer or similar service shall administer said service in a manner designed to assure that OSPs who subscribe to said service have an equal opportunity of being offered to and chosen by the calling party where the calling party does not have a preference.

(3)   Permit the end-user to terminate the telephone call at no charge before the call is connected.

(4)   Disclose immediately to the end-user, upon request and at no charge to the end-user:

(A)   A quote of its rates or charges for the call.

(B)   The methods by which such rates or charges will be collected.

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

(5)   Ensure, by contract or tariff, that each aggregator for which such provider is the presubscribed provider of operator services is in compliance with the requirements of this Chapter.

(6)   Withhold payment (on a location by location basis) of any compensation, including commissions, to aggregators if such provider reasonably believes that the aggregator is:

(A)   Blocking access to intrastate common carriers by means of "800", "888", "950", or IOXXX access codes.

(B)   Blocking access to the LEC operator on 0- calls.

(C)   Blocking access to emergency services in violation of the requirements of this Chapter.

(7)   Not bill for unanswered telephone calls in areas where equal access and answer supervision is available.

(8)   Not knowingly bill for unanswered telephone calls where equal access is not available.

(9)   Not engage in call splashing, unless the end-user requests to be transferred to another provider of operator services, and the end-user consents to be transferred after it has been 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.

(10)   Except as provided in (9) of this subsection, not bill for a call that does not reflect the location of the origination of the call.

(11)   Be prohibited from billing and collecting any aggregator surcharges not specifically outlined in the tariffs required to be filed with the Commission under the provisions of this Chapter. In no case shall the tariffed aggregator surcharge exceed the amount of one dollar ($1.00).

(b)   OSPs using automated equipment that will under certain circumstances transfer a call to another carrier will be allowed to brand after the input of billing information, to avoid end-user confusion.

(c)   OSPs shall not use the name of another party in the brand, unless that party has consented in writing to the use of its name in the brand.

(d)   OSPs shall regularly publish, to coincide with the publishing requirements of the FCC, and make available at no cost to inquiring consumers, written materials that describe any recent changes in operator services and in the choices available to consumers in that market.

[Source: Added at 12 Ok Reg 2157, eff 7-1-95; Amended at 14 Ok Reg 2872, eff 7-15-97]