Tennessee § 65-5-106 - Operator-assisted telephone services — Carriers whose rates exceed maximum approved rates.

§ 65-5-106. Operator-assisted telephone services — Carriers whose rates exceed maximum approved rates.

Any telephone carrier offering or providing operator-assisted services in Tennessee whose intrastate rates exceed the maximum rate approved by the Tennessee public utility commission or whose interstate rates exceed the maximum rates approved by the federal communications commission (FCC) shall before providing the service: Identify by name the carrier providing the service; State all costs for providing the service; and Offer to switch the customer to any other carrier offering operator-assisted services and inform the customer that the switch will be made without charge. As used in this section: “Maximum rate approved by the federal communications commission (FCC)” means the highest legal rate charged for handling an identical call by a carrier which has been classified by the FCC as a dominant, interstate carrier or, if no carrier has been so classified, means the highest rate approved by the FCC as just and reasonable for an identical call; “Maximum rate approved by the Tennessee public utility commission” means the highest legal rate charged for handling an identical call by a carrier whose rates have been fixed by the commission based on the carrier's cost of providing service; and “Operator-assisted services” means all telephone calls in which the customer is assisted by either a human or mechanical operator and includes, but is not limited to, calls billed to credit cards or third parties and all collect or person-to-person calls. The commission may exempt any carrier from some or all of the provisions of this section upon a finding that the requirements are no longer necessary to protect the public interest. Any telephone carrier violating this section is guilty of violating the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1, and shall be punished accordingly. Acts 1990, ch. 675, § 1; 1995, ch. 305, § 23; T.C.A. § 65-5-206 ; Acts 2017, ch. 94, § 52. Compiler's Notes. Acts 1990, ch. 675, § 3 provided that this section apply only to telephone calls which originate in Tennessee and which are billed to an address located within Tennessee. Amendments. The 2017 amendment substituted “Tennessee public utility commission” for “Tennessee regulatory authority” in (a) and (b)(2); and substituted “commission” for “authority” in (b)(2) and (c). Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017. Attorney General Opinions. A long-distance telephone service reseller may charge a fee of eighty-five cents each time that it provides intrastate long distance directory assistance to Tennessee customers, OAG 00-133, 2000 Tenn. AG LEXIS 134 (8/18/00).