47 U.S.C. § 228 — Regulation of carrier offering of pay-per-

Page 84 TITLE 47—TELECOMMUNICATIONS § 227b–2 potential perpetrators of violations of section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)). (2) Regulations If the Commission determines under para- graph (1) that modifying the policies described in that paragraph could help achieve the goal described in that paragraph, the Commission shall prescribe regulations to implement those policy modifications. (b) Authority Any person who knowingly, through an em- ployee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, is a party to obtaining number re- sources, including number resources for toll-free and non-toll-free telephone numbers, from a common carrier regulated under title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.), in violation of a regulation prescribed under subsection (a), shall, notwithstanding sec- tion 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)), be subject to a forfeiture penalty under section 503(b) of that Act (47 U.S.C. 503(b)). A forfeiture penalty under this subsection shall be in addition to any other pen- alty provided for by law. (Pub. L. 116–105, § 6, Dec. 30, 2019, 133 Stat. 3282.) Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in sub- sec. (b), is act June 19, 1934, ch. 652, 48 Stat. 1064. Title II of the Act is classified generally to this subchapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. CODIFICATION Section was enacted as part of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, also known as the Pallone-Thune TRACED Act, and not as part of the Communications Act of 1934 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Commission’’ as used in this sec- tion, see section 2 of Pub. L. 116–105, set out as a note under section 227 of this title. § 227b–2. Provision of evidence of certain robocall violations to Attorney General (a) In general If the Chief of the Enforcement Bureau of the Commission obtains evidence that suggests a willful, knowing, and repeated robocall violation with an intent to defraud, cause harm, or wrong- fully obtain anything of value, the Chief of the Enforcement Bureau shall provide such evidence to the Attorney General. (b) Report to Congress Not later than 1 year after December 30, 2019, and annually thereafter, the Commission shall publish on its website and submit to the Com- mittee on Energy and Commerce of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- ate a report that— (1) states the number of instances during the preceding year in which the Chief of the En- forcement Bureau provided the evidence de- scribed in subsection (a) to the Attorney Gen- eral; and (2) contains a general summary of the types of robocall violations to which such evidence relates. (c) Rules of construction Nothing in this section shall be construed to affect the ability of the Commission or the Chief of the Enforcement Bureau under other law— (1) to refer a matter to the Attorney Gen- eral; or (2) to pursue or continue pursuit of an en- forcement action in a matter with respect to which the Chief of the Enforcement Bureau provided the evidence described in subsection (a) to the Attorney General. (d) Robocall violation defined In this section, the term ‘‘robocall violation’’ means a violation of subsection (b) or (e) of sec- tion 227 of this title. (Pub. L. 116–105, § 11, Dec. 30, 2019, 133 Stat. 3285.) Editorial Notes CODIFICATION Section was enacted as part of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, also known as the Pallone-Thune TRACED Act, and not as part of the Communications Act of 1934 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Commission’’ as used in this sec- tion, see section 2 of Pub. L. 116–105, set out as a note under section 227 of this title. § 228. Regulation of carrier offering of pay-per- call services (a) Purpose It is the purpose of this section— (1) to put into effect a system of national regulation and review that will oversee inter- state pay-per-call services; and (2) to recognize the Commission’s authority to prescribe regulations and enforcement pro- cedures and conduct oversight to afford rea- sonable protection to consumers of pay-per- call services and to assure that violations of Federal law do not occur. (b) General authority for regulations The Commission by regulation shall, within 270 days after October 28, 1992, establish a sys- tem for oversight and regulation of pay-per-call services in order to provide for the protection of consumers in accordance with this chapter and other applicable Federal statutes and regula- tions. The Commission’s final rules shall— (1) include measures that provide a con- sumer of pay-per-call services with adequate and clear descriptions of the rights of the call- er; (2) define the obligations of common carriers with respect to the provision of pay-per-call services; Page 85 TITLE 47—TELECOMMUNICATIONS § 228 (3) include requirements on such carriers to protect against abusive practices by providers of pay-per-call services; (4) identify procedures by which common carriers and providers of pay-per-call services may take affirmative steps to protect against nonpayment of legitimate charges; and (5) require that any service described in sub- paragraphs (A) and (B) of subsection (i)(1) be offered only through the use of certain tele- phone number prefixes and area codes. (c) Common carrier obligations Within 270 days after October 28, 1992, the Commission shall, by regulation, establish the following requirements for common carriers: (1) Contractual obligations to comply Any common carrier assigning to a provider of pay-per-call services a telephone number with a prefix or area code designated by the Commission in accordance with subsection (b)(5) shall require by contract or tariff that such provider comply with the provisions of ti- tles II and III of the Telephone Disclosure and Dispute Resolution Act [15 U.S.C. 5711 et seq.; 5721 et seq.] and the regulations prescribed by the Federal Trade Commission pursuant to those titles. (2) Information availability A common carrier that by tariff or contract assigns a telephone number with a prefix or area code designated by the Commission in ac- cordance with subsection (b)(5) to a provider of a pay-per-call service shall make readily available on request to Federal and State agencies and other interested persons— (A) a list of the telephone numbers for each of the pay-per-call services it carries; (B) a short description of each such serv- ice; (C) a statement of the total cost or the cost per minute and any other fees for each such service; (D) a statement of the pay-per-call serv- ice’s name, business address, and business telephone; and (E) such other information as the Commis- sion considers necessary for the enforcement of this section and other applicable Federal statutes and regulations. (3) Compliance procedures A common carrier that by contract or tariff assigns a telephone number with a prefix or area code designated by the Commission in ac- cordance with subsection (b)(5) to a provider of pay-per-call services shall terminate, in ac- cordance with procedures specified in such regulations, the offering of a pay-per-call serv- ice of a provider if the carrier knows or rea- sonably should know that such service is not provided in compliance with title II or III of the Telephone Disclosure and Dispute Resolu- tion Act [15 U.S.C. 5711 et seq.; 5721 et seq.] or the regulations prescribed by the Federal Trade Commission pursuant to such titles. (4) Subscriber disconnection prohibited A common carrier shall not disconnect or in- terrupt a subscriber’s local exchange tele- phone service or long distance telephone serv- ice because of nonpayment of charges for any pay-per-call service. (5) Blocking and presubscription A common carrier that provides local ex- change service shall— (A) offer telephone subscribers (where technically feasible) the option of blocking access from their telephone number to all, or to certain specific, prefixes or area codes used by pay-per-call services, which option— (i) shall be offered at no charge (I) to all subscribers for a period of 60 days after the issuance of the regulations under sub- section (b), and (II) to any subscriber who subscribes to a new telephone number until 60 days after the time the new tele- phone number is effective; and (ii) shall otherwise be offered at a rea- sonable fee; and (B) offer telephone subscribers (where the Commission determines it is technically and economically feasible), in combination with the blocking option described under subpara- graph (A), the option of presubscribing to or blocking only specific pay-per-call services for a reasonable one-time charge. The regulations prescribed under subpara- graph (A)(i) of this paragraph may permit the costs of such blocking to be recovered by con- tract or tariff, but such costs may not be re- covered from local or long-distance rate- payers. Nothing in this subsection precludes a common carrier from filing its rates and regu- lations regarding blocking and presubscription in its interstate tariffs. (6) Verification of charitable status A common carrier that assigns by contract or tariff a telephone number with a prefix or area code designated by the Commission in ac- cordance with subsection (b)(5) to a provider of pay-per-call services that the carrier knows or reasonably should know is engaged in solic- iting charitable contributions shall obtain from such provider proof of the tax exempt status of any person or organization for which contributions are solicited. (7) Billing for 800 calls A common carrier shall prohibit by tariff or contract the use of any 800 telephone number, or other telephone number advertised or wide- ly understood to be toll free, in a manner that would result in— (A) the calling party being assessed, by virtue of completing the call, a charge for the call; (B) the calling party being connected to a pay-per-call service; (C) the calling party being charged for in- formation conveyed during the call unless— (i) the calling party has a written agree- ment (including an agreement transmitted through electronic medium) that meets the requirements of paragraph (8); or (ii) the calling party is charged for the information in accordance with paragraph (9); (D) the calling party being called back col- lect for the provision of audio information Page 86 TITLE 47—TELECOMMUNICATIONS § 228 services or simultaneous voice conversation services; or (E) the calling party being assessed, by virtue of being asked to connect or other- wise transfer to a pay-per-call service, a charge for the call. (8) Subscription agreements for billing for in- formation provided via toll-free calls (A) In general For purposes of paragraph (7)(C)(i), a writ- ten subscription does not meet the require- ments of this paragraph unless the agree- ment specifies the material terms and condi- tions under which the information is offered and includes— (i) the rate at which charges are assessed for the information; (ii) the information provider’s name; (iii) the information provider’s business address; (iv) the information provider’s regular business telephone number; (v) the information provider’s agreement to notify the subscriber at least one billing cycle in advance of all future changes in the rates charged for the information; and (vi) the subscriber’s choice of payment method, which may be by direct remit, debit, prepaid account, phone bill, or cred- it or calling card. (B) Billing arrangements If a subscriber elects, pursuant to subpara- graph (A)(vi), to pay by means of a phone bill— (i) the agreement shall clearly explain that the subscriber will be assessed for calls made to the information service from the subscriber’s phone line; (ii) the phone bill shall include, in prominent type, the following disclaimer: ‘‘Common carriers may not disconnect local or long distance telephone service for failure to pay disputed charges for in- formation services.’’; and (iii) the phone bill shall clearly list the 800 number dialed. (C) Use of PINs to prevent unauthorized use A written agreement does not meet the re- quirements of this paragraph unless it— (i) includes a unique personal identifica- tion number or other subscriber-specific identifier and requires a subscriber to use this number or identifier to obtain access to the information provided and includes instructions on its use; and (ii) assures that any charges for services accessed by use of the subscriber’s per- sonal identification number or subscriber- specific identifier be assessed to sub- scriber’s source of payment elected pursu- ant to subparagraph (A)(vi). (D) Exceptions Notwithstanding paragraph (7)(C), a writ- ten agreement that meets the requirements of this paragraph is not required— (i) for calls utilizing telecommunications devices for the deaf; (ii) for directory services provided by a common carrier or its affiliate or by a local exchange carrier or its affiliate; or (iii) for any purchase of goods or of serv- ices that are not information services. (E) Termination of service On receipt by a common carrier of a com- plaint by any person that an information provider is in violation of the provisions of this section, a carrier shall— (i) promptly investigate the complaint; and (ii) if the carrier reasonably determines that the complaint is valid, it may termi- nate the provision of service to an infor- mation provider unless the provider sup- plies evidence of a written agreement that meets the requirements of this section. (F) Treatment of remedies The remedies provided in this paragraph are in addition to any other remedies that are available under subchapter V of this chapter. (9) Charges by credit, prepaid, debit, charge, or calling card in absence of agreement For purposes of paragraph (7)(C)(ii), a calling party is not charged in accordance with this paragraph unless the calling party is charged by means of a credit, prepaid, debit, charge, or calling card and the information service pro- vider includes in response to each call an in- troductory disclosure message that— (A) clearly states that there is a charge for the call; (B) clearly states the service’s total cost per minute and any other fees for the service or for any service to which the caller may be transferred; (C) explains that the charges must be billed on either a credit, prepaid, debit, charge, or calling card; (D) asks the caller for the card number; (E) clearly states that charges for the call begin at the end of the introductory mes- sage; and (F) clearly states that the caller can hang up at or before the end of the introductory message without incurring any charge what- soever. (10) Bypass of introductory disclosure message The requirements of paragraph (9) shall not apply to calls from repeat callers using a by- pass mechanism to avoid listening to the in- troductory message: Provided, That informa- tion providers shall disable such a bypass mechanism after the institution of any price increase and for a period of time determined to be sufficient by the Federal Trade Commis- sion to give callers adequate and sufficient no- tice of a price increase. (11) ‘‘Calling card’’ defined As used in this subsection, the term ‘‘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. (d) Billing and collection practices The regulations required by this section shall require that any common carrier that by tariff Page 87 TITLE 47—TELECOMMUNICATIONS § 228 or contract assigns a telephone number with a prefix or area code designated by the Commis- sion in accordance with subsection (b)(5) to a provider of a pay-per-call service and that offers billing and collection services to such provider— (1) ensure that a subscriber is not billed— (A) for pay-per-call services that such car- rier knows or reasonably should know was provided in violation of the regulations issued pursuant to title II of the Telephone Disclosure and Dispute Resolution Act [15 U.S.C. 5711 et seq.]; or (B) under such other circumstances as the Commission determines necessary in order to protect subscribers from abusive prac- tices; (2) establish a local or a toll-free telephone number to answer questions and provide infor- mation on subscribers’ rights and obligations with regard to their use of pay-per-call serv- ices and to provide to callers the name and mailing address of any provider of pay-per-call services offered by the common carrier; (3) within 60 days after the issuance of final regulations pursuant to subsection (b), pro- vide, either directly or through contract with any local exchange carrier that provides bill- ing or collection services to the common car- rier, to all of such common carrier’s telephone subscribers, to all new subscribers, and to all subscribers requesting service at a new loca- tion, a disclosure statement that sets forth all rights and obligations of the subscriber and the carrier with respect to the use and pay- ment for pay-per-call services, including the right of a subscriber not to be billed and the applicable blocking option; and (4) in any billing to telephone subscribers that includes charges for any pay-per-call service— (A) display any charges for pay-per-call services in a part of the subscriber’s bill that is identified as not being related to local and long distance telephone charges; (B) for each charge so displayed, specify, at a minimum, the type of service, the amount of the charge, and the date, time, and duration of the call; and (C) identify the toll-free number estab- lished pursuant to paragraph (2). (e) Liability (1) Common carriers not liable for trans- mission or billing No common carrier shall be liable for a criminal or civil sanction or penalty solely be- cause the carrier provided transmission or billing and collection for a pay-per-call service unless the carrier knew or reasonably should have known that such service was provided in violation of a provision of, or regulation pre- scribed pursuant to, title II or III of the Tele- phone Disclosure and Dispute Resolution Act [15 U.S.C. 5711 et seq.; 5721 et seq.] or any other Federal law. This paragraph shall not prevent the Commission from imposing a sanction or penalty on a common carrier for a violation by that carrier of a regulation prescribed under this section. (2) Civil liability No cause of action may be brought in any court or administrative agency against any common carrier or any of its affiliates on ac- count of any act of the carrier or affiliate to terminate any pay-per-call service in order to comply with the regulations prescribed under this section, title II or III of the Telephone Disclosure and Dispute Resolution Act [15 U.S.C. 5711 et seq.; 5721 et seq.], or any other Federal law unless the complainant dem- onstrates that the carrier or affiliate did not act in good faith. (f) Special provisions (1) Consumer refund requirements The regulations required by subsection (d) shall establish procedures, consistent with the provisions of titles II and III of the Telephone Disclosure and Dispute Resolution Act [15 U.S.C. 5711 et seq.; 5721 et seq.], to ensure that carriers and other parties providing billing and collection services with respect to pay- per-call services provide appropriate refunds to subscribers who have been billed for pay- per-call services pursuant to programs that have been found to have violated this section or such regulations, any provision of, or regu- lations prescribed pursuant to, title II or III of the Telephone Disclosure and Dispute Resolu- tion Act, or any other Federal law. (2) Recovery of costs The regulations prescribed by the Commis- sion under this section shall permit a common carrier to recover its cost of complying with such regulations from providers of pay-per-call services, but shall not permit such costs to be recovered from local or long distance rate- payers. (3) Recommendations on data pay-per-call The Commission, within one year after Octo- ber 28, 1992, shall submit to the Congress the Commission’s recommendations with respect to the extension of regulations under this sec- tion to persons that provide, for a per-call charge, data services that are not pay-per-call services. (g) Effect on other law (1) No preemption of election law Nothing in this section shall relieve any pro- vider of pay-per-call services, common carrier, local exchange carrier, or any other person from the obligation to comply with Federal, State, and local election statutes and regula- tions. (2) Consumer protection laws Nothing in this section shall relieve any pro- vider of pay-per-call services, common carrier, local exchange carrier, or any other person from the obligation to comply with any Fed- eral, State, or local statute or regulation re- lating to consumer protection or unfair trade. (3) Gambling laws Nothing in this section shall preclude any State from enforcing its statutes and regula- tions with regard to lotteries, wagering, bet- ting, and other gambling activities. (4) State authority Nothing in this section shall preclude any State from enacting and enforcing additional Page 88 TITLE 47—TELECOMMUNICATIONS § 229 and complementary oversight and regulatory systems or procedures, or both, so long as such systems and procedures govern intrastate services and do not significantly impede the enforcement of this section or other Federal statutes. (5) Enforcement of existing regulations Nothing in this section shall be construed to prohibit the Commission from enforcing regu- lations prescribed prior to October 28, 1992, in fulfilling the requirements of this section to the extent that such regulations are con- sistent with the provisions of this section. (h) Effect on dial-a-porn prohibitions Nothing in this section shall affect the provi- sions of section 223 of this title. (i) ‘‘Pay-per-call services’’ defined For purposes of this section— (1) The term ‘‘pay-per-call services’’ means any service— (A) in which any person provides or pur- ports to provide— (i) audio information or audio entertain- ment produced or packaged by such per- son; (ii) access to simultaneous voice con- versation services; or (iii) any service, including the provision of a product, the charges for which are as- sessed on the basis of the completion of the call; (B) for which the caller pays a per-call or per-time-interval charge that is greater than, or in addition to, the charge for trans- mission of the call; and (C) which is accessed through use of a 900 telephone number or other prefix or area code designated by the Commission in ac- cordance with subsection (b)(5). (2) 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 as- sessed charges only after entering into a presubscription or comparable arrangement with the provider of such service. (June 19, 1934, ch. 652, title II, § 228, as added Pub. L. 102–556, title I, § 101, Oct. 28, 1992, 106 Stat. 4182; amended Pub. L. 103–414, title III, § 303(a)(13), (14), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 104–104, title VII, § 701(a)(1), (b)(2), Feb. 8, 1996, 110 Stat. 145, 148.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. The Telephone Disclosure and Dispute Resolution Act, referred to in subsecs. (c)(1), (3), (d)(1)(A), (e), and (f)(1), is Pub. L. 102–556, Oct. 28, 1992, 106 Stat. 4181. Ti- tles II and III of the Act are classified generally to sub- chapters I (§ 5711 et seq.) and II (§ 5721 et seq.), respec- tively, of chapter 83 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 5701(a) of Title 15 and Tables. AMENDMENTS 1996—Subsec. (c)(7)(C). Pub. L. 104–104, § 701(a)(1)(A), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘the calling party being charged for information conveyed during the call unless the calling party has a preexisting agreement to be charged for the information or discloses a credit or charge card number during the call; or’’. Subsec. (c)(7)(E). Pub. L. 104–104, § 701(a)(1)(B), added subpar. (E). Subsec. (c)(8) to (11). Pub. L. 104–104, § 701(a)(1)(C), added pars. (8) to (11). Subsec. (i)(2). Pub. L. 104–104, § 701(b)(2), struck out ‘‘or any service the charge for which is tariffed,’’ after ‘‘local exchange carrier or its affiliate,’’. 1994—Subsec. (c)(2) to (7). Pub. L. 103–414, § 303(a)(13), redesignated par. (2), relating to compliance proce- dures, as (3) and pars. (3) to (6) as (4) to (7), respec- tively. Subsec. (c)(7)(D). Pub. L. 103–414, § 303(a)(14), which di- rected substitution of ‘‘conversation’’ for ‘‘conserva- tion’’ in par. (6)(D), was executed by making the substi- tution in par. (7)(D) to reflect the probable intent of Congress and the redesignation of par. (6) as (7) by Pub. L. 103–414, § 303(a)(13). See above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–104, title VII, § 701(a)(3), Feb. 8, 1996, 110 Stat. 147, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall take effect on the date of enactment of this Act [Feb. 8, 1996].’’ REGULATIONS Pub. L. 104–104, title VII, § 701(a)(2), Feb. 8, 1996, 110 Stat. 147, provided that: ‘‘The Federal Communications Commission shall revise its regulations to comply with the amendment made by paragraph (1) [amending this section] not later than 180 days after the date of enact- ment of this Act [Feb. 8, 1996].’’ § 229. Communications Assistance for Law En- forcement Act compliance (a) In general The Commission shall prescribe such rules as are necessary to implement the requirements of the Communications Assistance for Law En- forcement Act [47 U.S.C. 1001 et seq.]. (b) Systems security and integrity The rules prescribed pursuant to subsection (a) shall include rules to implement section 105 of the Communications Assistance for Law En- forcement Act [47 U.S.C. 1004] that require com- mon carriers— (1) to establish appropriate policies and pro- cedures for the supervision and control of its officers and employees— (A) to require appropriate authorization to activate interception of communications or access to call-identifying information; and (B) to prevent any such interception or ac- cess without such authorization; (2) to maintain secure and accurate records of any interception or access with or without such authorization; and (3) to submit to the Commission the policies and procedures adopted to comply with the re- quirements established under paragraphs (1) and (2). (c) Commission review of compliance The Commission shall review the policies and procedures submitted under subsection (b)(3)