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The Florida Senate

2010 Florida Statutes

F.S. 364.3376

Operator services.


A person may not provide operator services as defined in s. 364.02 without first obtaining from the commission a certificate of public convenience and necessity as an operator services provider.


This section does not apply to operator services provided by a local exchange telecommunications company or by an intrastate interexchange telecommunications company, except as required by the commission in the public interest.


All intrastate operator service providers are subject to the jurisdiction of the commission and shall render operator services pursuant to schedules in accordance with s. 364.04.


Operator service providers shall:


Require operators to:


Clearly identify the operator service provider to all end users before the call is made.


When requested, provide rate and service information.


When requested, provide the number to call for complaints and inquiries.


When requested, provide the procedure for reporting service difficulties and methods of obtaining refunds.


Not intentionally charge for incompleted calls and provide full refund or credit for any misbilled or incomplete calls.


Bill for services in accordance with their published schedules only at the rates set forth therein, and disclose their names on bills which include charges for services rendered.


Each call aggregator shall post in the immediate vicinity of each telephone available to the public the name of the operator service provider, a toll-free customer service number, a statement that rate quotes are available upon request, and instructions on how the end user may access other operator service providers and such other information determined by the commission to be necessary in the public interest.


Neither the operator service provider nor the call aggregator shall block or prevent an end user’s access to the end user’s operator service provider of choice, except that the commission shall grant limited waivers to operator service providers or call aggregators upon a showing that such waiver is in the public interest.


The local exchange telecommunications company shall not disconnect local service for properly contested nonpayment of any operator services bill.


The commission shall adopt and enforce requirements for the provision of services by operator services companies and call aggregators.


Operator service providers and local exchange companies providing billing and collection services shall bill and collect only the rates and charges set forth in the applicable schedules.


A local exchange telecommunications company may not perform billing and collection functions relating to regulated telecommunications services provided by an operator services provider unless the operator services provider has filed a statement with the local exchange telecommunications company signed by a corporate officer, or by another authorized person having personal knowledge, that all regulated telecommunications services to be billed will be rendered pursuant to applicable published schedules.


The commission shall conduct an effective program of random, no-notice compliance investigations of the operator services providers and call aggregators operating within the state. When the commission finds a blocking violation, it shall determine whether the blocking is the responsibility of the call aggregator or the operator services provider and may fine the responsible party in accordance with s. 364.285. Upon the failure of the responsible party to correct a violation within a mandatory time limit established by the commission or upon a proven pattern of intentional blocking, the commission shall order the discontinuance of the call aggregator’s telephone service or revoke the operator services provider’s certificate, as applicable.


ss. 36, 49, ch. 90-244; s. 4, ch. 91-429; s. 17, ch. 2003-32; s. 13, ch. 2009-226.