The Preamble

A pay-per-call service must be preceded by a preamble, an introductory message for which the caller cannot be charged. The preamble must disclose certain information:

• The name of the information provider and a description of the service that is being provided;
• The cost of the call. The requirements for the preamble are the same as those for advertisements;
• When charges will begin and how to avoid being charged;
• The advisory that parental permission is needed for those under 18; and
• When applicable, a disclosure that the program is not authorized, endorsed, or approved by the federal government.

Cost Disclosure
If a flat fee is charged for the call, the preamble must state that fee. If the call is billed on a time-sensitive basis, the preamble must state the cost per minute and any minimum charge. In addition, if the program's length can be determined in advance, the preamble must disclose the maximum charge if the caller listens to the complete program. As described in the advertising section, the maximum charge disclosure requirement applies only in limited situations where the program's length is fixed, but the information provider charges on a per-minute rather than a flat-fee basis.

If the call is billed on a variable rate basis, the preamble must state the cost of the initial portion of the call (where the various options are presented), any minimum charges, and the range of rates that may apply depending on the options chosen by the caller.

The preamble must disclose any other fees that will be charged for the service. (See the examples described in the advertising cost disclosure section.) Consumers must be told all of the relevant charges for the information or service they are supposed to receive by calling the 900 number. There should be no hidden or undisclosed charges.

If the caller may be transferred to another pay-per-call service, the preamble must disclose the cost of that call as well.

When Charges Begin
The preamble must tell the caller that charges for the call begin—and to avoid any charge the call must be terminated— three seconds after a clearly discernible signal or tone at the end of the preamble.

The signal or tone can be a "beep" of the kind generally heard on telephone answering machines; a musical note, such as a chime; a verbal signal, such as a message to "hang up now;" or any other signal that clearly indicates the end of the preamble. Whatever kind of signal or tone is used, it must be made clear to the caller that it is time to hang up to avoid being charged and that charges will begin in three seconds.

The message and the three-second delay are not required if the information provider offers the caller an affirmative means to indicate a decision to accept the charge for the call. For example, callers could be asked to press "one" on the keypad if they want to receive the service and be charged for it. It would not be adequate simply to ask the caller to press "one" to receive the service. It must be made completely clear to callers that by pressing "one" they are agreeing to be charged for the call.

Parental Permission
All preambles must state that anyone under the age of 18 must have the permission of a parent or guardian to complete the call.

Federal Programs Information
If the pay-per-call service provides information about a federal program, but the service is not affiliated with the federal government, the preamble must state that the service is not authorized, endorsed, or approved by any federal agency. This disclosure is required if the pay-per-call program gives any appearance of federal government affiliation (see the examples).

No Charge to Caller for Preamble Time

Charges cannot begin until three seconds after the signal or tone at the conclusion of the preamble. Callers who hang up within three seconds of the signal or tone cannot be billed any amount for the call. Callers who stay on the line after the three seconds can be billed for the pay-per-call program, but cannot be billed for the preamble time.

The three-second delay is not required if the information provider uses an affirmative-acceptance method for callers to indicate that they want to receive the service and be billed for it (see When Charges Begin). In that situation, billing could begin after the caller has done whatever is necessary (such as pressing a particular key on the keypad) to indicate positive acceptance of the charge.

Exemption for Nominal Cost Calls

Preambles are not required when the entire cost of the pay-per-call service—whether billed as a flat rate or on a time-sensitive basis—is $2.00 or less. The various advertising disclosures still are required.

For the nominal cost exemption to apply to a service billed on a time-sensitive basis, it must be impossible for the total charge to exceed $2. If the call is billed at $.50 per minute and the service disconnects after 4 minutes, the total charge would not exceed $2, and the service would be exempt from the preamble requirement.

Exemption for Data Service Calls

Preambles are not required when the entire call consists of the nonverbal transmission of information. This exception is for services that transmit data from one machine (such as a computer or facsimile machine) to another, with no voice message. The exemption does not apply to entertainment programs that provide music, for example, instead of the spoken word.

Bypass Mechanisms

Pay-per-call services can offer bypass mechanisms that repeat callers can use to skip the preamble. Information about the bypass mechanism must come after all of the required information in the preamble so that the bypass cannot be activated on the first call. A bypass mechanism has to be disabled for at least 30 days after a price increase or a change in the nature of the service offered. To warrant disabling the bypass mechanism, the change in the nature of the service would have to be significant enough to warrant modifying the description in the preamble.