johnl@iecc.cambridge.ma.us (John R. Levine) (03/10/91)
Here is a summary of HR 328, the "Telephone Consumer Assistance Act."
If you want the full text, call up Rep. Bart Gordon's office at
202-225-4231 and they'll send you a copy. The bill came with a note
that mentions that he is looking for cosponsors; if you like this bill
you could urge your own representative to cosponsor it.
Summary:
The FCC is directed to regulate audiotext services. These rules at a
minimum must include the following.
Minimum standards:
-- At the beginning of each call the nature of the program and the
cost of the call must be disclosed, and must state that the caller can
hang up without incurring any cost.
-- Any bypass mechanism which allows frequent callers to skip the
notice must be disabled for a sufficient period of time after a price
change.
-- Equipment must stop charging as soon as you hang up, must
disconnect after one full cycle of a program, must disconnect
interactive callers after a specified period of inactivity.
-- LECs must not disconnect service because of nonpayment of
audiotext charges.
Common carrier responsibilities:
-- Each caller must have the option to avoid audiotext charges
caused by unauthorized use or misunderstanding of the charges for at
least one billing cycle.
-- Users must be able to block calls to audiotext services, free
election when service is installed, inexpensive change later.
-- Beep tone or similar during live interactive group programs to
note the passage of time.
-- Must provide a toll-free number to answer questions about
audiotext services and must provide name and mailing address about any
provider whose service the caller has used.
-- Must notify customers via billing insert of these items as well
as of audiotext charges.
-- Must segregate audiotext charges on the phone bill from local or
long distance charges.
-- Must file with the state notice of intent to provide audiotext
services, and must file access phone numbers and name, address, and
regular phone number of all providers.
-- Must obtain certification of charitable status for providers that
solicit charitable contributions.
Advertising restrictions:
-- Radio, TV, and print ads must state the cost and tell under-18s
to get parental permission.
-- On TV ads, cost must be displayed whenever the number is
displayed.
-- Forbids "autodialing" ads with embedded tone dial tones.
-- Junk phone calls that solict audiotext calls must specify the
cost.
-- Under-18s cannot be asked for name, address, phone number, or
other ID.
Then there's a section stating that this act doesn't preempt election,
gambling, or free-trade laws, nor preempt more restrictive state laws.
The NTIA is directed to study technologies that allow audiotext
services to collect the numbers of their callers with or without the
callers' consent, and is directed to identify methods by which the
caller can grant or withhold consent.
And finally, it defines audiotext services:
-- Services that enable users to send or receive information with a
voice processing system via a telephone connection using audio input.
-- Includes information retrieval from a remote data base, messaging
that lets users communicate with each other, and conferencing services
for simultaneous voice conversations.
-- Excludes EFT transactions.
End of summary.
I note that the definitions encompass standard conference calling and
voice mail systems. There should probably be an exclusion for systems
that neither require nor request money so that voice mail users need
not listen to a disclosure announcement each time they leave a
message. The definitions are not clear about 900 services answered by
individuals, e.g. ear sex lines or Microsoft MS-DOS support. I would
reword it to include any type of call that costs more than a standard
dialed call to the provider's location, other than standard operator
assisted calls.
Regards,
John Levine, johnl@iecc.cambridge.ma.us, {spdcc|ima|world}!iecc!johnl