§ 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]

   return arrow Back to Top