ospaytel_02.pdf

OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01 THE IDAHO PUBLIC UTILITIES COMMISSION--AGENCY 31 TITLE 51 CHAPTER 1 OPERATOR SERVICES AND PAY TELEPHONE RULES IDAPA 31.51.01 TABLE OF CONTENTS RULES 0 THROUGH 100. INTRODUCTION 000. Legal Authority 001. Title and Scope 002. Written Interpretations--Agency Guidelines 003. Administrative Appeals 01. Exemptions of Rules 02. Complaints 004. Public Records Act Compliance 005. Definitions 01. Fax Machine/Pay Telephone 02. Local Exchange Company (“LEC”) 03. MTS Company or Interexchange Carrier 04. Message Telecommunication Service (“MTS”) 05. Operator and Director Assistance Services 06. Operator Service Provider (“OSP”) 07. OSP Customer 08. Pay Telephone 09. Payphone Service Provider 10. Public Access Line 11. Telephone Caller 12. Ten 14X Zero Plus (101XXXX 0+) 13. (800) or Toll Free Service 006. Citation 007. Effective Date--History of Rules 008. Incorporation by Reference – United States Code and Code of Federal Regulations 009.-- 100. (RESERVED). RULES 101 THROUGH 200. OPERATOR SERVICE PROVIDERS (OSPS) 101. Information to be Displayed 01. Name, Address, and Toll-Free Telephone Number of the OSP 02. No-Cost Procedures 03. Instructions 04. Written Disclosure 102. Emergency Access Required
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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01 01. Access to Emergency Services 02. Initial Applications for Exemption 03. Review of Applications for Exemption 04. Annual Update of Information After Exemption is Granted 05. Emergency Dialing Instructions 06. Termination of Service for Violation of this Rule 103. Access to Other OSPs and MTS Companies Required 104. Disclosure of Operator Service Provider (Branding) and Charges 01. Identify Itself 02. Permit Caller to Terminate Call 03. Disclose to Caller 04. Disclose to the Consumer 105. Compliance with OSP Rules 106. Uncompleted Calls--Splashing 01. Billing for Uncompleted Calls 02. Splashing 107. Information on Bills 108. -- 200. (RESERVED). RULES 201 THROUGH 299. PAY TELEPHONES RULES 201 THROUGH 210. PAY TELEPHONES AND TELEPHONE CALLERS 201. Approved Instruments--Operation of Instruments 01. Registered or Exempt Instruments 02. Instruments for the Hearing Impaired 03. Operation of the Pay Telephones 202. Charges from Pay Telephones not Regulated 203. Emergency Numbers 204. Completion of Calls--Refunds 205. Privacy 206. Directory 207. Labeling of Pay Telephones 01. Name, Address, and Phone Number 02. Local Exchange and Address 03. Procedure for Reporting 04. Charge 05. Provider(s) Reached 06. Dialing Instructions 07. Operational Characteristics 08. Emergency Dialing Instructions 208. -- 210. (RESERVED).
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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01 RULES 211 THROUGH 220. PAY TELEPHONES 211. Connection of Pay Telephones 212. Payment of Billings--Deposits--Pay Telephones 213. Responsibility for Compliance--Pay Telephones 01. LEC Termination With Notice 02. LEC Termination Without Notice 214. -- 299. (RESERVED). RULES 300 THROUGH 400. PAY TELEPHONES IN AND OPERATOR SERVICES FROM INSTITUTIONS OF CONFINEMENT 300. Further Definitions 01. Institutions of Confinement 02. Operator and Directory Assistance Services 03. Inmate Operator Service Providers 04. Inmate OSP Customer 05. Inmate Pay Telephone 06. Inmate Telephone Caller 07. Telephone Customer 301. Adoption of Rules by Reference 01. Rules 104.01 through 104.04 02. Rule 106 03. Rule 107 04. Rule 201.01 05. Rule 202 06. Rule 204 07. Rule 211 08. Rule 212 09. Rule 213 302. Information to be Displayed 01. Name, Address, and Toll-Free Number 02. PUC Address and Phone Number 03. Total Charge 04. Time Limit 303. Emergency Access 304. Compliance with Rules 300 Through 310 305. Instruments for the Hearing-Impaired 306. (RESERVED). 307. Toll-Free Numbers 308. Unaccepted or Uncompleted Calls
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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01 01. No Charges 02. Removal of Charges 309. Blocking 01. In General 02. Risk of Nonpayment 310. Applicability of Rules 300 Through 310 311. -- 999. (RESERVED).
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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
RULES 0 THROUGH 100. INTRODUCTION

000. LEGAL AUTHORITY (Rule 0).
These rules are adopted under the general legal authority of the Public Utilities Law, Chapters 1
through 7, Title 61, Idaho Code, and the Telecommunications Act of 1988, Chapter 6, Title 62,
Idaho Code, and the specific authority of Sections 61, 129, 61-301, 61-302, 61-303, 61-315, 61-503,
61-507, 62-606, 62-612, and 62-616, Idaho Code, with regard to service. (3-15-02)
[Amended, G.O. 210.]

001. TITLE AND SCOPE (Rule 1).
The name of this chapter is Operator Service and Pay Telephone Rules. This chapter applies to all
provisions of operator services and pay telephone services in Idaho. (7-1-93)

002. WRITTEN INTERPRETATIONS--AGENCY GUIDELINES (Rule 2).
For rulemakings conducted before July 1, 1993, written interpretations to these rules in the form of
explanatory comments accompanying the order of proposed rulemaking and review of comments
submitted in the order adopting these rules are maintained in the files of the Secretary of the Idaho
Public Utilities Commission and are available from the office of the Commission Secretary. The
Commission Secretary may be contacted in writing at the Idaho Public Utilities Commission, PO
Box 83720, Boise, Idaho 83720-0074, or may be reached by telephone at [phone]. For
rulemakings conducted after July 1, 1993, written interpretations to these rules in the form of
explanatory comments accompanying the notice of proposed rulemaking that originally proposed the
rules and review of comments submitted in the rulemaking decision adopting these rules are
published in the issues of the Idaho Administrative Bulletin proposing or adopting the rules.
(7-1-93)

003. ADMINISTRATIVE APPEALS (Rule 3).
This rule governs consideration of exemptions and complaints under these rules. Any person
requesting and receiving an informal Commission Staff determination with regard to an exemption
or complaint may formally or informally request the Commission to review the Commission Staff’s
determination. (7-1-93)

01. Exemptions from Rules. This subsection governs procedure for requests for
exemptions from these rules. (7-1-93)

a. Any operator service provider (“OSP”), payphone service provider (“PSP”), telephone
company, or customer may informally request an exemption from any provision of these rules for a
specific person or persons by writing the Commission’s consumer assistance staff at the Idaho
Public Utilities Commission, Statehouse, Boise, Idaho 83720-0074, or by telephoning the
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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
Commission’s Consumer Assistance Staff at 334-0369 (Boise area) or 1 [phone] (out of
Boise calling area). Any such person may in writing or by telephone request the Commissioners to
informally or formally review the Staff’s decision. (3-15-02)

b. Any OSP, PSP, telephone company, or customer may formally petition the Commission
for an exemption pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
(3-15-02)

c. Any OSP, PSP, or telephone company requesting an exemption for all of its customers
must formally petition the Commission pursuant to the Commission’s Rules of Procedure, IDAPA
31.01.01.000 et seq. (3-15-02)

02. Complaints. Any OSP, PSP, telephone company, or customer may file complaints
under these rules. This paragraph governs procedure for filing complaints under these rules.
(3-15-02)

a. Any OSP, PSP, telephone company, or customer may file an informal complaint under
any provision of these rules concerning a specific provider, company or customer by writing the
Commission’s consumer assistance staff at the Idaho Public Utilities Commission, Statehouse,
Boise, Idaho 83720-0074, or by telephoning the Commission’s Consumer Assistance Staff at 334-
0369 (Boise area) or 1 [phone] (out of Boise calling area). Any such person may in writing
or by telephone request the Commissioners to informally or formally review the Staff’s decision.
(3-15-02)

b. Any OSP, PSP, telephone company, or customer may file a formal complaint under
these rules with the Commission pursuant to the Commission’s Rules of Procedure, IDAPA
31.01.01.000 et seq.
(3-15-02)
[Amended, G.O. 210.]
Cross-Reference: IDAPA 31.01.01.000 et seq.

004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
All requests for waivers of these rules are public records subject to inspection, examination and
copying under the Public Records Act. All informal complaints concerning compliance with these
rules are investigatory records exempt from disclosure under the Public Records Act. All formal
complaints concerning telephone companies’ compliance with these rules are public records subject
to inspection, examination and copying under the Public Records Act. (7-1-93)

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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01

005. DEFINITIONS (Rule 5).
01. Fax Machine/Pay Telephone. “Fax Machine/Pay Telephone” means a facsimile (fax)
machine which permits pay telephone service only in conjunction with the use of the fax machine
and does not generate a separate charge for the telephone call. The transmission of a fax document
is not considered to be a Pay Telephone service under these rules. (3-15-02)

02. Local Exchange Company (“LEC”). A “LEC” is the telephone corporation (if any)
providing local exchange service to an OSP customer’s telephones or to a pay telephone.
(3-15-02)

03. MTS Company or Interexchange Carrier. “MTS company” or “interexchange
carrier” means a telephone company providing MTS service. (7-1-93)

04. Message Telecommunications Service (“MTS”). “MTS” (commonly known as “long-
distance service”) means the transmission of two (2) way interactive switched voice communication
between local exchange areas for which charges are made on a per-unit basis and wide area
telecommunications service (“WATS”) or its equivalent. (3-15-02)

05. Operator and Directory Assistance Services. “Operator and directory assistance
services (or operator services)” are any telecommunications services that include, as a component,
any automatic or live assistance to a telephone caller to arrange for billing or completion, or both, of
a telephone call. They include, but are not limited to, intercept, call completion and assistance, and
directory assistance services, whether local, MTS, or both. (7-1-93)

06. Operator Service Provider (OSP). An “OSP” is a company that furnishes various
automated or live operator or directory assistance services. OSPs may contract with call aggregators
(e.g., hotels, motels, hospitals, colleges, airports, PSPs) that collect and route calls made by
telephone callers to the OSP. OSPs may lease telephone lines that transmit the telephone user’s call
from the call aggregator to the OSP’s facilities. OSPs furnish operator services such as collect,
person-to-person, third-party billed and calling card calls. (3-15-02)

07. OSP Customer. “OSP customer” is a call aggregator, i.e., any person not an institution
of confinement as defined in Rule 300 who, in the ordinary course of its operations, makes
telephones available to the public or to transient users of its premises for telephone calls using a
provider of operator services. Hotels, motels, hospitals, colleges, airports, and PSP owners that
collect and route calls by telephone callers to an OSP and that contract with an OSP or receive
operator services from a LEC are examples of call aggregators and OSP customers. OSP customers
own or exercise control over telephone instruments. (3-15-02)
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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01

08. Pay Telephone. “Pay telephone or payphone” means a telephone instrument that
requires coin, collect, third-party billing or credit/calling cards in order to complete local or toll
calls, including fax machines that can be used to complete standard, non-fax related local and long
distance calls for which there is a separate charge. A pay telephone made available to inmates of an
institution of confinement as defined in Rule 300 is not included in this definition of “pay
telephone.” (3-15-02)

09. Payphone Service Provider. Payphone service provider (“PSP”) is a provider who
provides public pay telephones, the provision of inmate telephone service in correctional institutions,
and any ancillary services. (3-15-02)

10. Public Access Lines. Public access line (“PAL”) is a line that is tariffed to be attached
to a payphone. (3-15-02)

11. Telephone Caller. “Telephone caller” or “telephone user” is a person (other than a
person calling from an institution of confinement as defined in Rule 300) who originates or attempts
to originate any telephone call using operator services or from a pay telephone. (7-1-93)

12. Ten 14X Zero Plus (101XXXX 0+). “101XXXX 0+” represents the digits dialed by a
caller to access the carrier of the caller’s choice for a collect, credit card, calling card, debit card or
other means of non-sent paid call. (3-15-02)

13. (800) or Toll Free Service. 800 or toll free service includes service that is accessed by
dialing 800, 888, 877 or any other three (3) digit NPA code reserved for such service by the Federal
Communications Commission. (3-15-02)
[Adopted as Rule 9.1, G.O. 178; amended and recodified, amended, G.O. 181A, amended, G.O. 210.]
Federal Statutory/Rule References: 47 U.S.C. §§ 226(a)(2), -(4) and -(7); 47 C.F.R. §§ 64.708(b), -(d) and -(g).
Cross-references: Rules 005, 101, 102, 103, 104, 105, 106, 107, 108, 300.

006. CITATION (Rule 6).
The official citation of these rules is IDAPA 31.51.01.000 et seq. For example, this rule is cited as
IDAPA 31.51.01.006. In documents submitted to the Commission or issued by the Commission,
these rules may be cited by their short title of Operator Service/Pay Telephone Rules (OS/PTR) and
the parenthetical rule number. For example, this rule may be cited as OS/PTR 6. (3-15-02)

007. EFFECTIVE DATE--HISTORY OF RULES (Rule 7).
The Commission adopted predecessors to the operator service provider and pay telephone rules in
1988 and to the institution of confinement rules in 1991. They were most recently codified at
IDAPA 31.D.9, -.10, and -.11, respectively. They were readopted and reformatted by rulemaking
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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
decision in Docket Number 31-5101-9301, effective July 1, 1993. The history of rulemaking
proceedings preceding the initiation of the publishing of the Idaho Administrative Bulletin and the
Idaho Administrative Code is available from the Commission Secretary. (7-1-93)

008. INCORPORATION BY REFERENCE -- UNITED STATES CODE AND CODE OF
FEDERAL REGULATIONS (Rule 8).
These Rules in scattered sections incorporate by reference specific sections of the United States
Code and federal regulations issued by the Federal Communications Commission. See Title III of
the Americans with Disabilities Act 42 U.S.C. Section 12181 through 12189 (September 22, 2000);
Telecommunications for the Disabled Act of 1982, Pub.L. 97-410, 96 Stat. 2043 (January 3, 1983);
28 C.F.R Part 36 (October 1, 2000); 47 C.F.R Parts 68.1 through 68.318 (October 1, 2000); and the
Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities 36 C.F.R Part
1191, Appendix A, Sections 4.1.3(17), 4.31.1-4.31.9 (July 1, 2000). The incorporated regulations are
found in the Code of Federal Regulations available from the U.S. Government Printing Office,
Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954. The
incorporated federal materials are also available in electronic format at www.access.gpo.gov/nara.
Incorporated materials are also available for inspection and copying at the offices of the Public
Utilities Commission and the Idaho State Law Library. (3-15-02)
[Adopted, G.O. 210.]
Federal Statutory/Rule References: 42 U.S.C. § 12181-12189; 28 C.F.R. Part 36; 47 C.F.R. Parts 68.1-68.318; 36 C.F.R. Part 1191,
Appendix A, Sections 4.1.3(17), 4.31.1-4.31.9.

009. -- 100. (RESERVED).

RULES 101 THROUGH 200. OPERATOR SERVICE PROVIDERS (OSPS)

101. INFORMATION TO BE DISPLAYED (Rule 101).
Pay telephones owned or controlled by an OSP customer must inform the telephone caller that the
telephone is connected to an OSP. The following information must be displayed on or posted in
proximity to the instrument: (3-15-02)

01. Name, Address and Toll-Free Telephone Number of the OSP. (7-1-93)

02. No-Cost Procedures. No-cost procedure for: (7-1-93)

a. Reporting of service difficulties, (7-1-93)
b. Making billing inquiries, (7-1-93)
c. Obtaining the total rates and charges (including surcharges) to be billed by OSPs and
MTS companies for the call, and (7-1-93)

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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
d. Any charges imposed by the OSP customer for the call.
(7-1-93)

03. Instructions. Dialing instructions, including instructions for reaching the local
exchange company operator if the OSP is not the local exchange company. (7-1-93)

04. Written Disclosure. Written disclosure that consumers have a right to obtain access to
the MTS company of their choice and may contact their preferred MTS companies for information
on accessing that MTS company’s service using that telephone. (7-1-93)
[Adopted as Rule 9.2, G.O. 178; amended and recodified, G.O. 181A; amended, G.O. 210.]
Federal Statutory/Rules References: 47 U.S.C. §§ 226(c)(1)(A)(i) and -(ii), 226 (c)(2); 47 C.F.R. §§ 64.703(b)(1) and -(2), 64.703(d).
Cross-Reference: Rules 005, 102.

102. EMERGENCY ACCESS REQUIRED (Rule 102).
01. Access to Emergency Services. All telephones connected to an OSP are required:
(7-1-93)

a. To provide direct access to a local exchange company operator for access to emergency
services by dialing “0” (except for OSP customers like hotels, motels, hospitals, dormitories, etc.,
that direct “0” calls to a person on the OSP customer’s premises), and (7-1-93)

b. Where available, to provide direct access to emergency service providers by dialing
“911”, unless exempted by the Commission pursuant to Rule 102.02 of this rule. Unless exempted,
access to the OSP network (other than the local exchange company’s) may be made through any
other access number or keypad symbol. Exempted providers are required to maintain current lists of
local emergency numbers. (7-1-93)

c. Provide or pass through the information required by Enhanced 911 service providers,
including but not limited to, signaling system seven (“SS7”) and automatic number identification
(“ANI”). (3-15-02)

02. Initial Applications for Exemption. OSPs or PSPs can request an exemption from
Rule 102.01 by filing an application for exemption with the Commission. The application must
demonstrate that the OSP can immediately connect the caller with the correct emergency agencies
that serve the telephone location and include: (3-15-02)

a. The full legal name, address and telephone number of the applicant, and any dba used by
the applicant in Idaho; (1-1-94)

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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
b. The legal form of business of the applicant, i.e., sole proprietorship, corporation or
partnership, etc.; (1-1-94)
c. If a corporation, the name and address of the agent for service of process in the State of
Idaho; (1-1-94)

d. On a separate page, the telephone number and location address of each pay telephone
installed that the applicant wants included in the exemption (this page may be marked
“Proprietary--for use by Commission personnel only”); (1-1-94)

e. The full name and address of the OSP facility; (1-1-94)

f. A description of the applicant's service agreements that ensure the OSP’s compliance
with the Commission’s Rules; (1-1-94)

g. A statement of procedures for and a toll-free telephone number for reporting service
difficulties and making billing inquiries; (1-1-94)

h. A statement explaining how emergency numbers are obtained and how they are
associated with the correct locations; and (1-1-94)

i. A statement that the applicant will contractually require that its customers comply or
will comply with the requirements set out in these OSP rules. (1-1-94)

03. Review of Applications for Exemption. The Commission Staff will review the
application for exemption and issue a letter of exemption if the Staff determines the applicant meets
the criteria set forth in Rule 102.02. If a request for an applicant's exemption is denied by the
Commission Staff, the applicant may petition the Commission to review the Staff's denial.
(1-1-94)

04. Annual Update of Information After Exemption is Granted. When the Commission
has granted an application for exemption under Rule 102.02, the applicant must provide the
Commission Staff on August 1 the following: (3-15-02)

a. Any change in the information listed in Rule 102.02.a. through 102.02.i. (1-1-94)

b. A current list by telephone number and location address of each pay telephone installed
that is covered by the exemption (this page may be marked “Proprietary--for Commission use
only”); and
(1-1-94)

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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
c. A current list of emergency numbers described in Rule 102.01 and a statement that the
OSP has confirmed and updated the list. (1-1-94)

05. Emergency Dialing Instructions. All pay telephones owned or controlled by the OSP
customer must be posted with emergency dialing instructions. (3-15-02)

06. Termination of Service for Violation of This Rule. Consistent with this
Commission’s rules on termination of service (Telephone Customer Relations Rules 300-314,
IDAPA 31.41.01.300 through 31.41.01.314 and Rule 213 of these rules), the LEC must terminate
service to customers of record known to be in violation of Rule 102.01 that have not been granted an
exemption under Rule 102.02. The Commission or its Staff shall notify the LEC in writing of
customers it knows to be in violation and whose service should be terminated. (1-1-94)
[Adopted as Rule 9.3, G.O. 178; amended, G.O. 178A; amended and recodified, G.O. 181A; amended, G.O. 210.]
Federal Statutory/Rule Reference: 47 C.F.R. 64.706
Cross-References: Rules 005, 101, 102.01-102.02; 31.41.01.300 - 314.

103. ACCESS TO OTHER OSPS AND MTS COMPANIES REQUIRED (Rule 103).
Except as allowed by this rule, no telephone owned or controlled by an OSP customer and no OSP
can block a telephone caller’s access to an OSP or MTS company that serves the local exchange
where the OSP customer is located. Callers must be allowed access to the OSP or MTS company of
their choice via the dialing patterns 950-, 800- and 101XXXX 0+ where allowed by the serving
central office. The pay telephone instrument must transmit the access digits in the dialing pattern
exactly as the caller dials them. Calls made by a dialing sequence that will bill the call back to the
PSP rather than the telephone user, may be blocked. (3-15-02)
[Adopted, G.O. 181A; amended, G.O. 210.]
Federal Statutory/Rule References: 47 U.S.C. §§ 226(c)(1)(B) and 226(f); 47 U.S.C. §§ 64.704(a) and 68.318.
Cross-References: Rules 005, 101, 31.41.01.005, -300, -304, -306-307, -311, -313-314.

104. DISCL0SURE OF OPERATOR SERVICE PROVIDER (BRANDING) AND
CHARGES (Rule 104).
Every operator service provider must: (7-1-93)

01. Identify Itself. Identify itself, audibly and distinctly (e.g., by saying “XYZ operator,
may I help you?” or “Thank you for using XYZ”) to the telephone caller at the beginning of each
telephone call and before the telephone caller incurs any charge for the call; (7-1-93)

02. Permit Caller to Terminate Call. Permit the telephone caller to terminate the
telephone call at no charge before the call is connected; (7-1-93)

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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
03. Disclose to Caller. Disclose immediately to the telephone caller, upon request and at no
charge to the telephone caller: (7-1-93)
a. A quote of the total rates and charges (including surcharges) to be billed by OSPs and
MTS companies for the call, (7-1-93)

b. The methods by which rates or charges will be collected, and (7-1-93)

c. The methods by which complaints concerning rates, charges or collection practices will
be resolved. (7-1-93)

04. Disclose To The Consumer. Disclose, audibly and distinctly to the consumer (caller for
non-collect calls, called party for collect calls), at no charge, and before connecting any intrastate
operator service call, how to obtain the total cost of the call, including any aggregator surcharge, or
the maximum possible total cost of the call, including any aggregator surcharge, before providing
further oral advice to the consumer on how to proceed to make the call. The oral disclosure required
in Rule 104.04 shall instruct consumers that they may obtain applicable rate and surcharge
quotations either, at the option of the provider of operator services, by dialing no more than two (2)
digits or by remaining on the line. (3-15-02)
[Adopted, G.O. 178; amended, G.O. 178A; amended, G.O. 181A; amended, G.O. 210.]
Federal Statutory/Rule References: 47 U.S.C. § 226(b)(1)(A) -(c); 47 C.F.R. § 64.703(c).
Cross-Reference: Rule 104.04; Rules 31.41.01.005.

105. COMPLIANCE WITH OSP RULES (Rule 105).
The OSP and its customers are responsible for complying with all rules that apply to OSP services.
These rules must be incorporated in all contracts, tariffs and price lists with Idaho OSP customers,
and the OSP must advise new and renewing OSP customers of the OSP customer’s obligations under
these rules. (7-1-93)
[Adopted, G.O. 178; amended, G.O. 181A.]
Federal Statutory/Rule References: 47 U.S.C. § 226; 47 C.F.R. §§ 64.701 et seq.
Cross-Reference: Rule 005.

106. UNCOMPLETED CALLS--SPLASHING (Rule 106).
01. Billing for Uncompleted Calls. OSPs are prohibited from billing for unanswered or
unaccepted telephone calls. Charges for unanswered or unaccepted calls must be removed from
bills. (3-15-02)

02. Splashing. “Splashing” or “call splashing” means the transfer of a telephone call from
one (1) provider of operator services to another provider in a manner that the subsequent provider is
unable or unwilling to determine the actual originating location of the call and, because of that
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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
inability or unwillingness, is prevented from billing the call on the basis of its actual originating
location. OSPs are prohibited from splashing calls unless the telephone caller: (7-1-93)
a. Requests to be transferred to another provider of operator services, (7-1-93)

b. Is informed before incurring any charges that the rates for the call may not reflect the
rates from the actual originating location of the call, and (7-1-93)

c. Consents to be transferred. Except as allowed by the previous sentence, OSPs shall not
bill for a call on a basis that does not reflect the origin of the call. (7-1-93)
[Adopted, G.O. 178; amended, G.O. 181A; amended, G.O. 210.]
Federal Statutory/Rule References: 47 U.S.C. § 226(b)(1)(F)-(I); 47 C.F.R. §§ 64.705 and 64.708(c).
Cross-Reference: Rule 005; 31.41.01.005.

107. INFORMATIONAL FILINGS--INFORMATION ON BILLS (Rule 107).
Bills for OSP services shall notify the customer of the procedures and toll-free telephone number for
handling complaints and billing inquiries and must comply with Telephone Customer Relations Rule
201, IDAPA 31.41.01.201. Calls billed to a credit card issued by a financial institution not affiliated
with or issued in conjunction with an OSP or MTS carrier (e.g., VISA, MasterCard, Diner’s Club,
Discovery, American Express) need not contain Telephone Customer Relations Rule 201’s call
detail. Call aggregators shall ensure that no charge by the aggregator to the telephone caller for using
an “800” or “950” access code number, or any other access code number, is greater than the amount
the aggregator charges for calls placed using the presubscribed provider of operator services.
(3-15-02)
[Adopted, G.O. 178; amended, G.O. 178A; amended, G.O. 81A; amended, G.O. 210.]
Idaho Statutory Reference: I.C. §§ 62-606, 62-608, 62-614, 62-61
Federal Statutory/Rule References: 47 U.S.C. § 226(c)(1)(C), 6; 47 C.F.R. § 64.705(b).
Cross-Reference: Rules 005, 31.41.01200, -201.

108. -- 200. (RESERVED).

RULES 201 THROUGH 299. PAY TELEPHONES

RULES 201 THROUGH 210. PAY TELEPHONES AND TELEPHONE CALLERS

201. APPROVED INSTRUMENTS--OPERATION OF INSTRUMENTS (Rule 201).
01. Registered or Exempt Instruments. All PSPs connecting pay telephones to the
network must connect pay telephone instruments that: (3-15-02)

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OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
a. Are registered under 47 CFR Part 68 of the Federal Communications Commission (FCC)
Rules and Regulations (October 1, 2000) and comply with all Americans with Disabilities Act
(ADA) requirements listed in the Code of Federal Regulations at 28 CFR Part 36 (July 1, 2000) and
the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities
(“ADAAG”) (July 1, 2000). (3-15-02)

b. If not registered, are connected behind a protective coupler registered under Part 68 of
the FCC Rules and Regulations, or (7-1-93)

c. Are exempted from registration by the FCC. See Title 47, Part 68.1 through Part 68.318
(October 1, 2000). (3-15-02)

02. Instruments for the Hearing Impaired. All owners of PSPs connecting pay
telephones to the network must connect pay telephones that comply with the requirements of the
Telecommunications for the Disabled Act of 1982 (January 3, 1983) and 47 CFR. Parts 68.112 and
68.316 (October 1, 2000) (which address access to the handicapped and hearing aid compatibility).
(3-15-02)

03. Operation Of The Pay Telephones. All pay telephones must: (7-1-93)

a. Comply with Rule 203 on coin-free operator and emergency access and Rule 204 on return
of coins; (1-1-94)

b. Payphones that do not accept incoming calls shall be clearly labeled to advise the user;
(3-15-02)

c. Allow access to any MTS company that originates calls in that exchange, as follows:
Callers must be allowed access to the OSP or MTS company of their choice via the 950-, 800- and
101XXXX 0+ access dialing pattern where allowed by the serving central office. The pay telephone
instrument must transmit the access digits in the dialing pattern exactly as the caller dials them, but
calls that will bill the call back to the PSP rather than the telephone user, may be blocked; (3-15-02)

d. Allow access to any toll-free number (e.g., 800 or 950 numbers) without charge; and
(7-1-93)

e. Have a keypad or dial that remains engaged during the call and continues to be able to
send signals during the call. (7-1-93)
[Adopted as Rule 10.3, O.N. 19766; amended and readopted, O.N. 21095; amended and codified, O.N. 22614; amended
and readopted, O.N. 22719; amended and recodified, G.O. 181A; amended, G.O. 210.]
Federal Statutory/Rule References: 28 C.F.R. Part 36; 47 C.F.R. Parts 68.1 – 68.318, 68.112, 68.316
11
OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
Cross-Reference: Rules 005, 102, 203, 204.

202. CHARGES FROM PRIVATELY-OWNED PAY TELEPHONES NOT REGULATED
(Rule 202).
A PSP must file a price list or tariff with the Commission indicating the rates charged from its pay
telephones unless all rates are set by the servicing OSP and are already filed with the Commission by
the servicing OSP. (3-15-02)
[Adopted, O.N. 19766; amended and readopted, O.N. 21095; amended and codified, O.N. 22614; amended, G.O. 181A;
amended, G.O. 210.]
Cross-reference: Rule 005.

203. EMERGENCY NUMBERS (Rule 203).
Pay telephones must allow coin-free operator and emergency 911 access in any exchange in which
911 service is available. Where 911 service is not available, instructions for completing coin-free
emergency calls must be posted on the pay telephone instrument as required in Rule 207. (7-1-93)
[Adopted as Rule 10.5, O.N. 19766; amended and readopted, O.N. 21095; amended and codified, O.N. 22614; amended
and recodified, G.O. 181A.]
Cross-Reference: Rules 005, 102, 201, 207.

204. COMPLETION OF CALLS--REFUNDS (Rule 204).
Pay telephones must be able to complete local as well as long-distance calls. If coin-operated, the
pay telephone must return coins for uncompleted calls. (3-15-02)
[Adopted as Rule 10.7, O.N. 19766; amended and readopted, O.N. 21095; amended and codified, O.N. 22614; amended
and recodified, G.O. 181A; amended, G.O. 210.]
Federal Statutory/Rule Rreference: 47 U.S.C. § 226(b)(1)(F) and -(G).
Cross-Reference: Rule 005, 201.

205. PRIVACY (Rule 205).
The telephone caller’s or telephone user’s privacy is to be ensured. Extensions to a pay telephone
permitting third-party access to conversations are prohibited. (7-1-93)
[Adopted as Rule 10.8, O.N. 19766; amended and readopted, O.N. 21095; amended and codified, O.N. 22614; amended
and recodified, G.O. 181A.]
Cross-reference: Rule 005.

206. LIGHTING--DIRECTORY (Rule 206). The PSP for the pay telephone must make a
diligent effort to provide a current telephone directory in good condition. (3-15-02)
[Adopted as Rule 10.9, O.N. 19766; amended and readopted, O.N. 21095; amended and recodified, O.N. 22614;
amended, O.N. 22719; amended and recodified, G.O. 181A; amended, G.O. 210.]
Cross-References: Rule 005, 201.

12
OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01

207. LABELING OF PAY TELEPHONES (Rule 207).
Pay telephones must be labeled with the following information or the information must be posted in
proximity to the instrument: (7-1-93)

01. Name, Address and Phone Number. Name and address or name and toll-free
telephone number of the PSP. (3-15-02)

02. Local Exchange and Address. The local exchange number and address of the
telephone (in rural areas without a street address, the name of the street or highway nearest the
telephone and a milepost reference can serve as the address); (7-1-93)

03. Procedure for Reporting. No cost procedure for reporting service difficulties and
method of obtaining refunds and quotes for rates and charges; (7-1-93)

04. Charge. The charge for a local call; (7-1-93)

05. Provider(s) Reached. The presubscribed operator service provider(s) and the toll
service provider(s) that will be reached when the telephone is used; (7-1-93)

06. Dialing Instructions. Dialing instructions for completing calls and a statement that all
MTS (long-distance) companies serving the area can be reached from the telephone by dialing the
access code or number provided by the MTS (long-distance) company; (7-1-93)

07. Operational Characteristics. (e.g., prepay or postpay); (7-1-93)

08. Emergency Dialing Instructions. (7-1-93)
[Adopted as Rule 10.11, O.N. 19766; amended and readopted, O.N. 21095; amended and codified, O.N. 22614;
amended, O.N. 22719; amended and recodified, G.O. 181A; amended, G.O. 210.]
Cross-Reference: Rules 005, 102, 201; 31.41.01005.

208. -- 210. (RESERVED).

RULES 211 THROUGH 220. PAY TELEPHONES

211. CONNECTION OF PAY TELEPHONES (Rule 211).
Pay telephones shall be connected only to public access lines (PAL). Every LEC must offer a PAL
tariff or price list. There must be one (1) PAL for each pay telephone instrument. (3-15-02)
13
OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
[Adopted as Rule 10.1, O.N. 19766; amended and readopted, O.N. 21095; amended, O.N. 21532; amended and codified
as Rule 10.1, O.N. 22614; amended and recodified, G.O. 181A; amended, G.O. 210.]
Cross-reference: Rule 005, 214.
212. PAYMENT OF BILLINGS--DEPOSITS--PAY TELEPHONES (Rule 212).
The PSP is responsible for payment of all billings to the PAL to which the pay telephone is
connected, including fraud calls (e.g., unbillable or incorrectly identified calls) made from the pay
telephone if the customer of record did not subscribe to line identification service or did not use a
billing validation service to verify the billing information provided by the telephone caller. The LEC
may require a reasonable security deposit as a condition of connection and continued service.
(3-15-02)
[Adopted as Rule 10.6, O.N. 19766; amended and readopted, O.N. 21095; amended and codified as Rule 10.6, O.N.
22614; amended and recodified, G.O. 181A; amended, G.O. 210.]
Cross-References: Rules 005, 31.41.01.005, -101.

213. RESPONSIBILITY FOR COMPLIANCE--PAY TELEPHONES (Rule 213).
01. LEC Termination With Notice. The PSP is responsible for compliance with the
LEC’s and Commission’s rules for the provisions of pay telephone service. Consistent with this
Commission’s Telephone Customer Relations Rules 300 through 314, IDAPA 31.41.01.300 through
31.41.01.314, on termination of service, the LEC must terminate service to customers of record
known to be in violation of Rules 101 through 299. The Commission or its Staff shall notify the LEC
in writing of customers it knows to be in violation and whose service should be terminated.
(3-15-02)

02. LEC Termination Without Notice. Immediate termination without prior notice is
required if the Commission Staff notifies the LEC that the pay telephone is: (3-15-02)

a. In a pattern of non-compliance with the Commission’s rules, or (1-1-94)

b. In violation of a Commission rule within one (1) week of correcting a previous violation
of the same rule. A pattern of non-compliance is defined as two (2) similar major violations within
three (3) months. A major violation is further defined as blocking access to the caller’s OSP or MTS
company of choice (Rules 103 and 201.03.c.), or failure to provide access to emergency services as
outlined by the rules (Rules 102 and 203). Telephones installed without meeting the amplification
standards as outlined by Title III of the Americans with Disabilities Act 42 U.S.C. Sections 12181
through 12189 (September 22, 2000) will be subject to immediate disconnection (Rule 201.02).
(3-15-02)
[Adopted as Rule 10.10, O.N. 19766; amended and readopted, O.N. 21095; amended and codified as Rule 10.10, O.N.
22614; amended, O.N. 22719; amended and recodified, G.O. 181A; amended, G.O. 210.]
Federal Statutory/Rule Reference: 42 U.S.C. §§ 12181-12189
Reference to Commission Order: See O.N. 22719 for further clarification of the LEC’s role in disconnection.
14
OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
Cross-Reference: Rules 005, 102, 103, 201.02, 201.03.c, 203; 31.41.01.300 - 41.01.01.314.

214. -- 299. (RESERVED).
RULES 300 THROUGH 400. PAY TELEPHONES IN AND
OPERATOR SERVICES FROM INSTITUTIONS OF CONFINEMENT

300. FURTHER DEFINITIONS (Rule 300).
As used in Rules 300 through 310: (7-1-93)

01. Institutions of Confinement. “Institutions of confinement” mean those portions of
prisons, jails, mental hospitals, etc., that house or enclose inmates (7-1-93)

a. One (1) whose liberties are legally restricted by judgment or order of a court, or (2) who
are confined under arrest, involuntary commitment, or other legal process, and (7-1-93)

b. Who are physically restrained from leaving the premises. Halfway houses, house
arrests, etc., where inmates have freedom during some or all of the day to leave or to make telephone
calls from telephones other than those provided by the institution, are not institutions of confinement
under this rule. (7-1-93)

02. Operator and Directory Assistance Services. “Operator and directory assistance
services (operator services)” are any telecommunications services that include, as a component, any
automatic or live assistance to a telephone caller to arrange for billing or completion, or both, of a
pay telephone call from an institution of confinement. They include, but are not limited to, intercept,
call completion and assistance, and directory assistance services, whether local, MTS, or both.
(7-1-93)

03. Inmate Operator Service Providers. “Inmate operator service providers (IOSPs)” are
companies that provide operator services from pay telephones in an institution of confinement.
(3-15-02)

04. Inmate OSP Customer. “IOSP customer” means the institution of confinement that
collects and routes calls by inmates of the institution of confinement to an OSP. (3-15-02)

05. Inmate Pay Telephone. “Inmate pay telephone” means a telephone instrument that
requires the use of any one (1) or more of coin, collect, third-party billing, or credit/calling cards in
order to complete local or toll calls from an inmate of an institution of confinement. (3-15-02)

15
OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
06. Inmate Telephone Caller. “Inmate telephone caller” or a “telephone user” is an inmate
of an institution of confinement who originates or attempts to originate a call from a pay telephone
in the institution. (3-15-02)

07. Telephone Customer. “Telephone customer” means the person paying rates and
charges for a pay telephone call originated by an inmate of an institution of confinement. (7-1-93)
[Adopted, G.O. 181A; amended, G.O. 181B; amended, G.O. 210.]
Cross-References: Rules 005, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310; 31.41.01.005.

301. ADOPTION OF RULES BY REFERENCE (Rule 301).
All IOSPs offering operator services from pay telephones in an institution of confinement, all
customers of record providing pay telephone service from institutions of confinement, all IOSP
customers (i.e., the institutions of confinement), and all LECs, whichever are applicable, must
comply with the following rules of the Commission adopted by reference:: (3-15-02)

01. Rule 104.01. through 104.04. Disclosure of IOSP (Branding) and Charges. Except that
branding required by this rule must be given to the pay telephone customer accepting a collect call
before the collect call is accepted. (3-15-02)

02. Rule 106. Uncompleted Calls--Splashing. (3-15-02)

03. Rule 107. Information on Bills. (3-15-02)

04. Rule 201.01. Approved Instruments. Registered or Exempt Instruments. (7-1-93)

05. Rule 202. Charges From Pay Telephones Not Regulated. (3-15-02)

06. Rule 204. Completion of Calls--Refunds. (7-1-93)

07. Rule 211. Connection of Pay Telephones, except for the last sentence. (3-15-02)

08. Rule 212. Payment of Billings--Deposits--Pay Telephones. (3-15-02)

09. Rule 213. Responsibility for Compliance--Pay Telephones. (3-15-02)
[Adopted, G.O. 181B; amended, G.O. 210.]
Cross-Reference: Rules 005, 104, 106, 107, 108, 201.01, 202, 204, 211, 212, 213, 300, 31.41.01.005.

302. INFORMATION TO BE DISPLAYED (Rule 302).
Pay telephones located in institutions of confinement designed to be used by inmates of the
institutions must inform the telephone caller if the pay telephone is connected to an IOSP. The
16
OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
following information must be displayed on or posted in proximity to the instrument or made readily
available to inmates: (3-15-02)

01. Name, Address, and Toll-free Number. Name, mailing address and toll-free telephone
number of the IOSP and the name, mailing address and toll-free telephone number of the owner of
the pay telephone if the owner is not the IOSP (these toll-free telephone numbers may be blocked to
telephone callers in the institution of confinement, but must be accessible to telephone customers
accepting calls from the pay telephone instrument). (3-15-02)

02. PUC Address and Phone Number. The address and telephone numbers of the Idaho
Public Utilities Commission and a statement of its consumer complaint authority over improper
charges, inadequate service, etc.; (7-1-93)

03. Total Charge. The total charge for completing a local call, if no rate quote is provided
audibly or available. (3-15-02)

04. Time Limit. Where the length of a call is limited, the time limit per call. (7-1-93)
[Adopted, G.O. 181B; amended, G.O. 210.]
Cross-Reference: Rules 101, 300.

303. EMERGENCY ACCESS (Rule 303).
If requested by the institution of confinement, pay telephones located in an institution of
confinement must be made available for use of inmates of an institution of confinement to provide
no-cost reporting of emergencies. (7-1-93)
[Adopted, G.O. 181B.]
Cross-Reference: Rules 102, 300.

304. COMPLIANCE WITH RULE 300 THROUGH 310 (Rule 304).
The IOSP and its customer (the institution of confinement) are responsible for complying with the
requirements of these Rules 300 through 310 that apply to IOSP and pay telephone services.
(3-15-02)
[Adopted, G.O. 181B; amended, G.O. 210.]
Cross-Reference: Rules 105, 300-310.

305. INSTRUMENTS FOR THE HEARING-IMPAIRED (Rule 305).
All pay telephones in institutions of confinement must comply with the requirements of 47 C.F.R.
68.112 and 68.316, which address access to the handicapped and hearing aid compatibility. In
addition, as requested by the institution of confinement, amplified pay telephones must be
reasonably provided and clearly labeled. (7-1-93)
17
OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
[Adopted, G.O. 181B.]
Federal Statutory/Rule References: 47 C.F.R. § 68.112, 68.316.
Cross-Reference: Rules 201.02, 300.
306. (RESERVED).

307. TOLL-FREE NUMBERS (Rule 307).
Persons billed for collect calls must be given a toll-free number, published on their monthly
originating from pay telephones in an institution of confinement bill, at which they can reach the
OSP or its agent to inquire about the correctness of bills, rates, or other information. (7-1-93)
[Adopted as part of Rule 11.1, G.O. 181A; amended and recodified as Rule 11.7, G.O. 181B.]
Cross-Reference: Rules 101, 207, 300.

308. UNACCEPTED OR UNCOMPLETED CALLS (Rule 308).
Companies billing for collect calls originating from pay telephones in institutions of confinement
cannot knowingly bill for unaccepted or uncompleted calls. (3-15-02)

01. No Charges. Shall not charge the customer of record of a pay telephone located outside
the institution of confinement for calls placed from the institution of confinement and accepted at the
other pay telephone, or (7-1-93)

02. Removal of Charges. Shall remove the charges from the bill of the customer of record
of a pay telephone located outside the institution of confinement, unless the customer of record has
not subscribed to billed number identification services (or other similar fraud protection services)
with its local exchange company. (7-1-93)
[Adopted as part of Rule 11.1, G.O. 181A; amended and recodified as Rule 11.8, G.O. 181B; amended, G.O. 210.]
Cross-Reference: Rules 101, 103, 104, 106, 107, 207, 300; 31.41.01.305.

309. BLOCKING (Rule 309).
01. In General. Upon their own initiative IOSPs providing service to an institution of
confinement may block access to: (3-15-02)

a. Toll-free numbers (e.g., 800 or 950 numbers), (7-1-93)

b. Information service provider numbers (e.g., 900 or 976), (7-1-93)

c. Numbers designed for emergency reporting by the general public (e.g., 911), (7-1-93)

d. Directory assistance, (7-1-93)

e. 101XXXX dialing sequences (which will reach other toll carriers), and (3-15-02)
18
OPERATOR SERVICES/PAY TELEPHONE RULES IDAPA 31.51.01
19

f. Incoming calls. IOSPs shall block local or long distance numbers as directed by the
institution of confinement that is the IOSP customer. Any person may request the IOSP to block
calls from a given institution of confinement to that person’s telephone. This section is not an
exhaustive listing of all circumstances under which IOSPs can block access to numbers from pay
telephones in institutions of confinement. (3-15-02)

02. Risk of Nonpayment. IOSPs providing service to an institution of confinement may
block access to a telephone customer’s line when there is evidence of risk that the telephone
customer cannot pay the IOSP’s charges. Factors indicating a risk of nonpayment include, but are
not limited to: (3-15-02)

a. No or inadequate deposit on file to pay charges described in Subsection 309.02.b. below.
A history with the IOSP of nonpayment, payment of less than the total amount due, or payment with
dishonored checks; or (3-15-02)

b. Accumulated charges and unbilled charges for IOSP services from that IOSP that exceed
one hundred dollars ($100) in a one-month period. (3-15-02)
[Adopted as part of Rule 11.1, G.O. 181A; amended and recodified as Rule 11.9, G.O. 181B; amended, G.O. 210.]
Cross-Reference: Rules 101, 103, 104, 107, 207, 300; 31.41.01.305.

310. APPLICABILITY OF RULES 300 THROUGH 310 (Rule 310).
Rules 300 through 310 apply only to services provided for inmate use at institutions of confinement.
If any persons providing pay telephones in or operator services from institutions of confinement also
provide pay telephones or operator services elsewhere, including, for example, portions of jails or
prisons open to the public, they must fully comply with all of the Commission’s rules for OSPs and
pay telephones for those services. Rules 300 through 310 supersede all orders of the Commission
previously issued granting exemptions from former Rules 9, 10 or 11 (former IDAPA 31.D.9, -.10 or
-.11) for OSPs or pay telephone providers offering services to inmates in institutions of confinement.
(7-1-93)
[Adopted as part of Rule 11.1, G.O. 181A; amended and recodified as Rule 11.10, G.O. 181B.]
Cross-Reference: Rules 300 - 309.

311. -- 999. (RESERVED).