Page:United States Statutes at Large Volume 110 Part 1.djvu/171

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PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 147 "(E) TERMINATION OF SERVICE.— On receipt by a common carrier of a complaint 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 terminate the provision of service to an information provider unless the provider supplies 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 title V of this Act. " (9) CHARGES BY CREDIT, PREPAID, DEBIT, CHARGE, OR CALL- ING 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 provider includes in response to each call an introductory 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 message; and "(F) clearly states that the caller can hang up at or before the end of the introductory message without incurring any charge whatsoever. " (10) BYPASS OF INTRODUCTORY DISCLOSURE MESSAGE.— The requirements of paragraph (9) shall not apply to calls from repeat callers using a bypass mechanism to avoid listening to the introductory message: Provided, That information 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 Commission to give callers adequate and sufficient notice of a price increase. "(11) DEFINITION OF CALLING CARD. —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.". (2) REGULATIONS.— The Federal Communications Commis- 47 USC 228 note. sion shall revise its regulations to comply with the amendment made by paragraph (1) not later than 180 days after the date of enactment of this Act. (3) EFFECTIVE DATE.— The amendments made by paragraph 47 USC 228 note. (1) shall take effect on the date of enactment of this Act. (b) CLARIFICATION OF "PAY-PER-CALL SERVICES".— (1) TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION ACT. —Section 204(1) of the Telephone Disclosure and Dispute Resolution Act (15 U.S.C. 5714(1)) is amended to read as follows: