§ 64.705   Restrictions on charges related to the provision of operator
services.

   (a) A provider of operator services shall:

   (1) Not bill for unanswered telephone calls in areas where equal access is
   available;

   (2) Not knowingly bill for unanswered telephone calls where equal access is
   not available;

   (3)  Not  engage in call splashing, unless the consumer requests to be
   transferred  to another provider of operator services, the consumer is
   informed prior to incurring any charges that the rates for the call may not
   reflect the rates from the actual originating location of the call, and the
   consumer then consents to be transferred;

   (4) Except as provided in paragraph (a)(3) of this section, not bill for a
   call that does not reflect the location of the origination of the call; and

   (5) 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 paragraph (b) of this section.

   (b) An aggregator shall ensure that no charge by the aggregator to the
   consumer for using an “800” or “950” access code number, or any other access
   code number, is greater than the amount the aggregator charges for calls
   placed using the presubscribed provider of operator services.

   (c) The requirements of paragraphs (a)(5) and (b) of this section shall not
   apply to CMRS aggregators and providers of CMRS operator services.

   [ 56 FR 18523 , Apr. 23, 1991, as amended at  63 FR 43041 , Aug. 11, 1998]

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