BEFORE THE UNITED STATES FEDERAL TRADE COMMISSION PAY PER CALL RULE REVIEW FTC File No. R611016 SECOND SUPPLEMENTAL COMMENTS (POST-WORKSHOP) These supplemental comments are filed pursuant to a Notice of Proposed Rulemaking published October 30, 1998 (F.Reg. Vol 63, No. 210, pp. 58524-58568) with regard to proposed amendments to 16 C.F.R. 308. This is a second supplement to our previous filing(s) based upon experience gained at the FTC Workshop and the FTC’s holding of the record open until June 4, 1999. SECOND SUPPLEMENTAL COMMENTS 308.2 (g)(3)(ii): The trigger charge should not be an "average", but a set amount of $ 0.50 per minute. "Average" is not verifiable and does not constrain the upper range. In addition, the information services restrictions should not be limited to "audio", but should exclude "directory assistance" unless it also provides "call completion". Presubscription agreements should be written between the information service provider and the subscriber being billed. Additional Supplement: Refining comments we made during the Workshop, the FTC and the FCC should coordinate the assignment of area code (NPA) overlays for numbering plan areas outside the specifically for use by Pay-per-Call services billable to a subscriber in the USA. The non-USA Pay-per-Call (or caller paid) area code(s) could be:
This single elegant action by FCC, implemented by the North American Numbering Plan Administration (NANPA), should provide simple minimum Consumer notice that such area codes involve an international call and premium rates. Each NPA provides over 7 Million line numbers, and could include other caller paid and/or premium billing methods such as Caller Paid Cellular / PCS, measured or flat rate Internet access (ISP), and other LEC billed services (including domestic). Billing-specific code assignments are technology neutral. June 1, 1999 Richard C. Bartel |