§ 64.1501   Definitions.

   For purposes of this subpart, the following definitions shall apply:

   (a) Pay-per-call service means any service:

   (1) In which any person provides or purports to provide:

   (i) Audio information or audio entertainment produced or packaged by such
   person;

   (ii) Access to simultaneous voice conversation services; or

   (iii) Any service, including the provision of a product, the charges for
   which are assessed on the basis of the completion of the call;

   (2) For which the caller pays a per-call or per-time-interval charge that is
   greater than, or in addition to, the charge for transmission of the call;
   and

   (3) Which is accessed through use of a 900 number;

   (4)  Provided,  however, such term does not include directory services
   provided by a common carrier or its affiliate or by a local exchange carrier
   or its affiliate, or any service for which users are assessed charges only
   after entering into a presubscription or comparable arrangement with the
   provider of such service.

   (b) Presubscription or comparable arrangement means a contractual agreement
   in which:

   (1) The service provider clearly and conspicuously discloses to the consumer
   all material terms and conditions associated with the use of the service,
   including the service provider's name and address, a business telephone
   number which the consumer may use to obtain additional information or to
   register a complaint, and the rates for the service;

   (2) The service provider agrees to notify the consumer of any future rate
   changes;

   (3) The consumer agrees to use the service on the terms and conditions
   disclosed by the service provider; and

   (4) The service provider requires the use of an identification number or
   other means to prevent unauthorized access to the service by nonsubscribers;

   (5) Provided, however, that disclosure of a credit, prepaid account, debit,
   charge,  or calling card number, along with authorization to bill that
   number, made during the course of a call to an information service shall
   constitute a presubscription or comparable arrangement if an introductory
   message containing the information specified in § 64.1504(c)(2) is provided
   prior to, and independent of, assessment of any charges. No other action
   taken by a consumer during the course of a call to an information service,
   for which charges are assessed, can create a presubscription or comparable
   arrangement.

   (6) Provided, that a presubscription arrangement to obtain information
   services  provided by means of a toll-free number shall conform to the
   requirements of § 64.1504(c).

   (c)  Calling  card  means  an identifying number or code unique to the
   individual, that is issued to the individual by a common carrier and enables
   the individual to be charged by means of a phone bill for charges incurred
   independent of where the call originates.

   [ 61 FR 39087 , July 26, 1996]

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