§ 64.704   Call blocking prohibited.

   (a) Each aggregator shall ensure that each of its telephones presubscribed
   to a provider of operator services allows the consumer to use “800” and
   “950” access code numbers to obtain access to the provider of operator
   services desired by the consumer.

   (b) Each provider of operator services shall:

   (1) 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 paragraphs (a) and (c) of this section; and

   (2) Withhold payment (on a location-by-location basis) of any compensation,
   including commissions, to aggregators if such provider reasonably believes
   that the aggregator is blocking access to interstate common carriers in
   violation of paragraphs (a) or (c) of this section.

   (c) Each aggregator shall, by the earliest applicable date set forth in this
   paragraph, ensure that any of its equipment presubscribed to a provider of
   operator services allows the consumer to use equal access codes to obtain
   access to the consumer's desired provider of operator services.

   (1) Each pay telephone shall, within six (6) months of the effective date of
   this paragraph, allow the consumer to use equal access codes to obtain
   access to the consumer's desired provider of operator services.

   (2) All equipment that is technologically capable of identifying the dialing
   of an equal access code followed by any sequence of numbers that will result
   in billing to the originating telephone and that is technologically capable
   of blocking access through such dialing sequences without blocking access
   through other dialing sequences involving equal access codes, shall, within
   six (6) months of the effective date of this paragraph or upon installation,
   whichever is sooner, allow the consumer to use equal access codes to obtain
   access to the consumer's desired provider of operator services.

   (3) All equipment or software that is manufactured or imported on or after
   April 17, 1992, and installed by any aggregator shall, immediately upon
   installation by the aggregator, allow the consumer to use equal access codes
   to obtain access to the consumer's desired provider of operator services.

   (4) All equipment that can be modified at a cost of no more than $15.00 per
   line to be technologically capable of identifying the dialing of an equal
   access code followed by any sequence of numbers that will result in billing
   to the originating telephone and to be technologically capable of blocking
   access through such dialing sequences without blocking access through other
   dialing sequences involving equal access codes, shall, within eighteen (18)
   months of the effective date of this paragraph, allow the consumer to use
   equal access codes to obtain access to the consumer's desired provider of
   operator services.

   (5) All equipment not included in paragraphs (c)(1), (c)(2), (c)(3), or
   (c)(4)  of this section shall, no later than April 17, 1997, allow the
   consumer  to use equal access codes to obtain access to the consumer's
   desired provider of operator services.

   (6) This paragraph does not apply to the use by consumers of equal access
   code dialing sequences that result in billing to the originating telephone.

   (d)  All  providers  of  operator  services,  except those employing a
   store-and-forward device that serves only consumers at the location of the
   device, shall establish an “800” or “950” access code number within six (6)
   months of the effective date of this paragraph.

   (e) The requirements of this section shall not apply to CMRS aggregators and
   providers of CMRS operator services.

   [ 56 FR 18523 , Apr. 23, 1991, as amended at  56 FR 40799 , Aug. 16, 1991;  57 FR 34260 , Aug. 4, 1992;  63 FR 43041 , Aug. 11, 1998]

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