SECTION 165:57-3-2. General operations - aggregators  


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  • (a)   An OSP and, to the extent permitted by law, a payphone service providerwill have joint responsibility and liability for noncompliance as aggregators, unless otherwise agreed to in writing by the parties. This "joint aggregator" status must be determined based on the facts of each situation.
    (b)   Aggregators/joint aggregators shall:
    (1)   Post signage on or near telephones that are presubscribed to an OSP. The signage will state the following information:
    (A)   The name, address, and toll-free telephone number of the OSP.
    (B)   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 intrastate carrier of their choice and may contact their preferred intrastate carriers for information on accessing that carrier's service using that telephone.
    (C)   The name, address, hours of operation (8:00 a.m. - 4:30 p.m., Monday through Friday), and toll free telephone number of the Consumer Services Division of the Commission, to which the end-user may direct complaints and questions regarding operator services.
    (D)   The amount of any property surcharge applicable to the aggregator's phones and billed and collected by the OSP.
    (2)   Ensure that each of its telephones presubscribed to an OSP allows the consumer to use "800", "888", "950" and 101XXXX access code numbers to obtain access to the OSP desired by the consumer.
    (3)   Ensure that no charge by the aggregator to the end-user for using an "800", "888", "950" or 101XXXX access code number, or any other access code number, is greater than the amount the aggregator charges for calls placed using the presubscribed OSP.
    (4)   Directly route all "0-" calls to the LEC operator without charge to the caller.
    (5)   In addition to the requirement of OAC 165:57-3-2(b)(1), an OSP/aggregator shall disclose, audibly and distinctly, to the end-user, at no charge and before connecting any intrastate 0+ call, how to obtain the total cost of the call, including any and all surcharges, or the maximum possible total cost of the call, including any and all surcharges, before providing further oral advice to the end-user on how to proceed to make the call.
    (6)   The oral disclosure required in this subsection shall instruct end-users that they may obtain applicable rate and surcharge quotations either, at the option of the provider of operator services, by dialing no more than two digits or by remaining on the line.
    (7)   The, disclosure requirement established by paragraphs 5 and 6 of this Section shall be made on or before the date mandated by the FCC.
    (c)   The OSP identified in the brand must be consistent with the OSP identified on the signage posted on or near the aggregator's telephones.
[Source: Added at 12 Ok Reg 2157, eff 7-1-95; Amended at 14 Ok Reg 2872, eff 7-15-97; Amended at 15 Ok Reg 3092, eff 7-15-98; Amended at 16 Ok Reg 2312, eff 7-1-99]