13-2920

13-2920. Advertisements and required preamble
message for telephone information services; telecommunications
corporation compensation; definitions; classification

A. An information access telephone service provider shall not provide or sponsor an
advertisement, publication or other communication regarding information access telephone
service that does not clearly and conspicuously display the price for each call or for
each minute of the call or provide or sponsor a television or radio advertisement that
does not include a clearly audible voice announcement of the price for each call or for
each minute of the call.

B. Information access telephone service providers shall begin each information
access telephone service call with a clear statement, without charge, of whether the call
is billed on a per minute or a per call basis and the price for the call or for each
minute of the call.

C. Information access telephone service providers shall compensate any
telecommunications corporation transporting the provider's service for all charges
associated with blocking information access telephone services, and shall make
arrangements with the telecommunications corporation for a one time adjustment per
residential customer account for an information access telephone service charge if the
adjustments involve calls made by minors without authorization or involve claims of
fraud, theft or misrepresentation. An adjustment pursuant to this subsection, except for
billing and transport charges, shall be charged to the information access telephone
service provider who shall not attempt private collection of any adjustments to
customers' accounts made by a telecommunications corporation.

D. An information access telephone service provider shall not provide an
information access telephone service which describes or depicts, directly or indirectly,
sexual conduct or activity or which contains sexually suggestive content unless access to
such service is restricted to persons eighteen years of age or older and requires that
the service is provided by subscription through the information access telephone service
provider.

E. An information access telephone service provider shall not provide recorded
announcements or live programs which forward or refer callers to telephone numbers which
are not 976 service or 676 service for the purpose of the type of services provided by
976 service or 676 service.

F. In this section:

1. "Information access telephone service" means telephone service and facilities
which provide access to a provider-sponsored prerecorded or live announcement or program
and which is commonly referred to as "976 service" or "676 service".

2. "Provider" means a person, partnership, corporation or organization that
contracts with a telecommunications corporation to transport telephone calls, bill
customers or collect charges for a prerecorded or live announcement or program.

3. "Adjustment" means a waiver of all unpaid charges incurred by the residential
customer for information access telephone services up to the time the customer contacts
the telecommunications corporation and requests the adjustment.

G. A person who violates this section is guilty of a class 3 misdemeanor.