Sec. 64.1511  Forgiveness of charges and refunds.

    (a) Any carrier assigning a telephone number to a provider of 
interstate pay-per-call services or providing transmission for 
interstate information services provided pursuant to a presubscription 
or comparable arrangement or on a collect basis, and providing billing 
and collection for such services, shall establish procedures for the 
handling of subscriber complaints regarding charges for those services. 
A billing carrier is afforded discretion to set standards for 
determining when a subscriber's complaint warrants forgiveness, refund 
or credit of interstate pay-per-call or information services charges 
provided that such charges must be forgiven, refunded, or credited when 
a subscriber has complained about such charges and either this 
Commission, the Federal Trade Commission, or a court of competent 
jurisdiction has found or the carrier has determined, upon 
investigation, that the service has been offered in violation of federal 
law or the regulations that are either set forth in this subpart or 
prescribed by the Federal Trade Commission pursuant to titles II or III 
of the TDDRA. Carriers shall observe the record retention requirements 
set forth in Sec. 42.6 of this chapter except that relevant records 
shall be retained by carriers beyond the requirements of part 42 of this 
chapter when a complaint is pending at the time the specified retention 
period expires.
    (b) Any carrier assigning a telephone number to a provider of 
interstate pay-per-call services but not providing billing and 
collection services for such services, shall, by tariff or contract, 
require that the provider and/or its billing and collection agents have 
in place procedures whereby, upon complaint, pay-per-call charges may be 
forgiven, refunded, or credited, provided that such charges must be 
forgiven, refunded, or credited when a subscriber has complained about 
such charges and either this Commission, the Federal

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Trade Commission, or a court of competent jurisdiction has found or the 
carrier has determined, upon investigation, that the service has been 
offered in violation of federal law or the regulations that are either 
set forth in this subpart or prescribed by the Federal Trade Commission 
pursuant to titles II or III of the TDDRA.

[ 58 FR 44773 , Aug. 25, 1993, as amended at  59 FR 46771 , Sept. 12, 1994]