§  64.1310   Payphone compensation procedures.

   (a) Unless the payphone service provider consents to an alternative
   compensation arrangement, each Completing Carrier identified in
   §  64.1300(a) shall compensate the payphone service provider in
   accordance with paragraphs (a)(1) through (a)(4) of this section. A
   payphone service provider may not unreasonably withhold its consent to
   an alternative compensation arrangement.

   (1) Each Completing Carrier shall establish a call tracking system that
   accurately tracks coinless access code or subscriber toll-free payphone
   calls to completion.

   (2) Each Completing Carrier shall pay compensation to payphone service
   providers on a quarterly basis for each completed payphone call
   identified in the Completing Carrier's quarterly report required by
   paragraph (a)(4) of this section.

   (3) When payphone compensation is tendered for a quarter, the chief
   financial officer of the Completing Carrier shall submit to each
   payphone service provider to which compensation is tendered a sworn
   statement that the payment amount for that quarter is accurate and is
   based on 100% of all completed calls that originated from that payphone
   service provider's payphones. Instead of transmitting individualized
   statements to each payphone service provider, a Completing Carrier may
   provide a single, blanket sworn statement addressed to all payphone
   service providers to which compensation is tendered for that quarter
   and may notify the payphone service providers of the sworn statement
   through any electronic method, including transmitting the sworn
   statement with the §  64.1310(a)(4) quarterly report, or posting the
   sworn statement on the Completing Carrier or clearinghouse website. If
   a Completing Carrier chooses to post the sworn statement on its
   website, the Completing Carrier shall state in its §  64.1310(a)(4)
   quarterly report the web address of the sworn statement.

   (4) At the conclusion of each quarter, the Completing Carrier shall
   submit to the payphone service provider, in computer readable format, a
   report on that quarter that includes:

   (i) A list of the toll-free and access numbers dialed and completed by
   the Completing Carrier from each of that payphone service provider's
   payphones and the ANI for each payphone;

   (ii) The volume of calls for each number identified in paragraph
   (a)(4)(i) of this section that were completed by the Completing
   Carrier;

   (iii) The name, address, and phone number of the person or persons
   responsible for handling the Completing Carrier's payphone
   compensation; and

   (iv) The carrier identification code (“CIC”) of all facilities-based
   long distance carriers that routed calls to the Completing Carrier,
   categorized according to the list of toll-free and access code numbers
   identified in paragraph (a)(4)(i) of this section.

   (b) For purposes of this subpart, an Intermediate Carrier is a
   facilities-based long distance carrier that switches payphone calls to
   other facilities-based long distance carriers.

   (c) Unless the payphone service provider agrees to other reporting
   arrangements, each Intermediate Carrier shall provide the payphone
   service provider with quarterly reports, in computer readable format,
   that include:

   (1) A list of all the facilities-based long distance carriers to which
   the Intermediate Carrier switched toll-free and access code calls
   dialed from each of that payphone service provider's payphones;

   (2) For each facilities-based long distance carrier identified in
   paragraph (c)(1) of this section, a list of the toll-free and access
   code numbers dialed from each of that payphone service provider's
   payphones that all local exchange carriers have delivered to the
   Intermediate Carrier and that the Intermediate Carrier switched to the
   identified facilities-based long distance carrier;

   (3) The volume of calls for each number identified in paragraph (c)(2)
   of this section that the Intermediate Carrier has received from each of
   that payphone service provider's payphones, identified by their ANIs,
   and switched to each facilities-based long distance carrier identified
   in paragraph (c)(1) of this section; and

   (4) The name, address and telephone number and other identifying
   information of the person or persons for each facilities-based long
   distance carrier identified in paragraph (c)(1) of this section who
   serves as the Intermediate Carrier's contact at each identified
   facilities-based long distance carrier.

   (d) Local Exchange Carriers must provide to carriers required to pay
   compensation pursuant to §  64.1300(a) a list of payphone numbers in
   their service areas. The list must be provided on a quarterly basis.
   Local Exchange Carriers must verify disputed numbers in a timely
   manner, and must maintain verification data for 18 months after close
   of the compensation period.

   (e) Local Exchange Carriers must respond to all carrier requests for
   payphone number verification in connection with the compensation
   requirements herein, even if such verification is a negative response.

   (f) A payphone service provider that seeks compensation for payphones
   that are not included on the Local Exchange Carrier's list satisfies
   its obligation to provide alternative reasonable verification to a
   payor carrier if it provides to that carrier:

   (1) A notarized affidavit attesting that each of the payphones for
   which the payphone service provider seeks compensation is a payphone
   that was in working order as of the last day of the compensation
   period; and

   (2) Corroborating evidence that each such payphone is owned by the
   payphone service provider seeking compensation and was in working order
   on the last day of the compensation period. Corroborating evidence
   shall include, at a minimum, the telephone bill for the last month of
   the billing quarter indicating use of a line screening service.

   (g) Each Completing Carrier and each Intermediate Carrier must maintain
   verification data to support the quarterly reports submitted pursuant
   to paragraphs (a)(4) and (c) of this section for 27 months after the
   close of that quarter. This data must include the time and date that
   each call identified in paragraphs (a)(4) and (c) of this section was
   made. This data must be provided to the payphone service provider upon
   request.

   [ 68 FR 62755 , Nov. 6, 2003, as amended at  70 FR 722 , Jan. 5, 2005]

   Effective Date Note: At  70 FR 722 , Jan. 5, 2005, §  64.1310(g) was
   revised. This paragraph contains information collection and
   recordkeeping requirements and will not become effective until approval
   has been given by the Office of Management and Budget.

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