BEFORE THE UNITED STATES FEDERAL TRADE COMMISSION
PAY PER CALL RULE REVIEW
FTC File No. R611016
AMENDED SECOND SUPPLEMENTAL COMMENTS (POST-WORKSHOP)
These amended second supplemental comments are filed pursuant to a Notice of Proposed Rulemaking published October 30, 1998 (F.Reg. Vol 63, No. 210, pp. 58524-58568) with regard to proposed amendments to 16 C.F.R. 308. This is an amendment to our second supplemental filing of June 1, 1999 based upon experience gained at the FTC Workshop, review of FCC guidelines, and the holding of the record open until 6/4/99.
AMENDED SECOND SUPPLEMENTAL COMMENTS
308.2 (g)(3)(ii): The trigger charge should not be an "average", but a set amount of $ 0.50 per minute. "Average" is not verifiable and does not constrain the upper range. In addition, the information services restrictions should not be limited to "audio", but should exclude "directory assistance" unless it also provides "call completion". Presubscription agreements should be written between the information service provider and the subscriber being billed.
Additional Supplement: Refining comments we made during the Workshop, the FTC and the FCC should coordinate the assignment of geographic area code (NPA) overlays specifically for use by Pay-per-Call, Caller-Paid, and/or Premium services.
The area codes could be:
This single elegant action by FTC and FCC, implemented by the North American Numbering Plan Administrator (NANPA), should provide simple minimum Consumer notice that such area codes involve an international premium call, caller-paid access beyond transport, and/or other premium rate(s). These area codes for these purposes should be required for any transport dialing pattern (i.e. 101xCIC-1-NPA-NXX-xxxx).
Each NPA provides over 7 Million line numbers, and assignments could include other caller paid and/or premium billing methods such as Caller Paid Cellular / PCS, measured or flat rate Internet access (ISP), caller-paid pager, and other LEC billed premium services. Billing-specific code assignments are technology neutral.
June 2, 1999
Richard C. Bartel