[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-9358] [[Page Unknown]] [Federal Register: April 18, 1994] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CC Docket No. 91-281; FCC 94-59] Calling Number Identification AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On March 8, 1994, the Commission adopted a Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPM) in CC Docket 91- 281. The R&O amends the rules regarding common carriers to establish federal policies and rules concerning interstate calling number identification service (caller ID). The R&O finds that a federal model for interstate delivery of calling party numbers is in the public interest, that calling party privacy must be protected, and that certain state regulation of interstate calling party number (CPN) based services, including interstate caller ID, must be preempted. EFFECTIVE DATE: April 12, 1995. FOR FURTHER INFORMATION CONTACT: Suzanne Hutchings, Domestic Services Branch, Domestic Facilities Division, (202) 634-1802, or Olga Madruga-Forti, Chief, Domestic Services Branch, Domestic Facilities Division, (202) 634-1816. SUPPLEMENTARY INFORMATION: This summarizes the Commission's R&O in the matter of Policies and Rules Concerning Calling Number Identification Service--Caller ID (CC Docket 91-281, FCC 94-59, adopted March 8, 1994 and released March 29, 1994). The R&O and supporting file may be examined in the Commission's Public Reference Room, room 239, 1919 M Street, NW., Washington, DC, during business hours or purchased from the duplicating contractor, International Transcription Service, 2100 M Street, NW., suite 140, Washington, DC 20037, (202) 857-3800. The R&O also will be published in the FCC Record. Analysis of Proceeding This proceeding was initiated by the Commission's Notice of Proposed Rulemaking (NPRM) in CC Docket 91-281, FCC 91-300, 6 FCC Rcd 6752 (1991), (56 FR 57300, November 8, 1991), to establish federal policies and rules governing calling number identification service on an interstate basis. In its NPRM, the Commission tentatively concluded that a federal model for interstate caller ID should be established; that the federal model should recognize privacy interests of both the called and the calling party; that it should do so efficiently and without interfering with other services (such as 911); that the costs of the service should be recovered from the beneficiaries, the users of the service; and that carriers should pass on the calling party number from the originating carrier to the terminating carriers. The Commission tentatively concluded that it was not necessary to propose to preempt any intrastate caller ID offerings. After reviewing the comments and/or reply comments submitted by interested parties, the Commission has adopted rules which require common carriers using Common Channel Signalling System 7 (SS7) and subscribing to or offering any service based on SS7 functionality must transmit calling party number and its associated privacy indicator on interstate calls. The rules require that carriers offering CPN based service provided automatic per call blocking at no charge to interstate callers, and that the privacy indicator be honored by terminating carriers. The Report and Order finds that the costs of interstate transmission of CPN are de minimis, and that the CPN should be transmitted among carriers without additional charge. The rules require that carriers participating in the offering of any service that delivers CPN on interstate calls must inform telephone subscribers regarding the availability of identification services and how to invoke the privacy protection mechanism. The rules restrict the reuse or sale of telephone numbers by subscribers to automatic number identification (ANI) or charge number services, absent affirmative subscriber consent. The rules are made a part of this publication. Request for Comments The Commission affirmed the tentative conclusion reached in the NPRM that deployment of interstate calling party number services should be accompanied by consumer education regarding the availability of identification services and how to invoke the privacy protection mechanism. For ANI or charge number services for which such privacy is not provided, the rules require that the notification inform telephone customers of the restrictions on the reuse or sale of subscriber information. The Commission seeks further comment on whether it should prescribe detailed instructions regarding what form education should take or prescribe more precisely responsibilities of various carriers. The Commission is also particularly interested in specific joint industry education proposals. The Commission tentatively concludes that its policies for calling party number delivery should apply equally to services delivering calling party name, and seeks comment on its tentative conclusion. The Commission also seeks comment on whether the policies for subscriber privacy should extend to other services. All proposals and other comments must reference CC Docket No. 91-281. In particular, parties should address any differences in privacy considerations that apply to calling party name delivery as opposed to calling party number delivery. Final Regulatory Flexibility Analysis Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. section 601, et seq., the Commission's final analysis in this Report and Order is as follows: I. Need and Purpose of This Action This Report and Order adopts policies governing the transmission of the calling party number parameter and its associated privacy indicator on interstate calls. Several commenters to the NPRM in this proceeding have identified a number of potential uses for interstate calling party number based services, including caller ID, and have indicated that it also will improve certain existing communication service offerings. We find that the potential benefits of interstate passage of calling party number far exceed any negative effects. We thus adopt the conclusion reached in the NPRM that interstate caller ID and other calling party number based services are in the public interest and should be available to interstate subscribers nationwide pursuant to the policies and rules set forth in this order. II. Summary of Issues Raised by the Public Comments in Response to the Initial Regulatory Flexibility Analysis No comments were submitted in direct response to the Initial Regulatory Flexibility Analysis. III. Significant Alternatives Considered The Notice of Proposed Rulemaking in this proceeding requested comments on several proposals as well as the views of commenters on other possibilities. The Commission has considered all comments and has proposed regulations which require the passage of calling party number where SS7 is deployed, facilitate interstate calling party number based services, including caller ID, and implement federal policy on privacy. Ordering Clauses Accordingly, It is Ordered, That, pursuant to sections 1, 4(i), 4(j), 201-205, 218 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 151, 154(i), 154(j), 201-205, and 218, Part 64 of the Commission's Rules and Regulations are amended as set forth below, effective April 12, 1995. It Is Further Ordered, that pursuant to authority contained in sections 1, 4(i), 4(j), 201-205, and 218 of the Communications Act of 1934, as amended, 47 U.S.C. sections 151, 154(i), 154(j), 201-205, and 218, Further Notice of Proposed Rulemaking\1\ is hereby provided as indicated above. --------------------------------------------------------------------------- \1\The further notice of proposed rulemaking is published elsewhere in this issue of the Federal Register. --------------------------------------------------------------------------- It is Further Ordered, that, the Secretary shall cause a summary of this Report and Order and Further Notice of Proposed Rulemaking to be published in the Federal Register which shall include a statement describing how members of the public may obtain the complete text of this Commission decision. The Secretary shall also provide a copy of this Report and Order and Further Notice of Proposed Rulemaking to each state utility commission. List of Subjects in 47 CFR Part 64 Communications common carriers. Amended Rules Part 64 of Chapter I of Title 47 of the Code of Federal Regulations is amended as follows: PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 1. The authority citation for part 64 continues to read as follow: Authority: Section 4, 48 Stat. 1066, as amended; 47 U.S.C. 154, unless otherwise noted. Interpret or apply secs. 201, 218, 225, 226, 227, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 201, 218, 225, 226, 227, unless otherwise noted. 2. Part 64 is amended by adding a new subpart P to read as follows: Subpart P--Calling Party Telephone Number; Privacy Sec. 64.1600 Definitions. Sec. 64.1601 Delivery requirements and privacy restrictions. Sec. 64.1602 Restrictions on use and sale of telephone subscriber information provided pursuant to automatic number identification or charge number services. Sec. 64.1603 Customer notification. Sec. 64.1604 Effective date. Sec. 64.1600 Definitions. (a) Aggregate Information. The term `aggregate information' means collective data that relate to a group or category of services or customers, from which individual customer identities or characteristics have been removed. (b) ANI. The term `ANI' (automatic number identification) refers to the delivery of the calling party's billing number by a local exchange carrier to any interconnecting carrier for billing or routing purposes, and to the subsequent delivery of such number to end users. (c) Calling Party Number. The term Calling Party Number refers to the subscriber line number or the directory number contained in the calling party number parameter of the call set-up message associated with an interstate call on a Signalling System 7 network. (d) Charge Number. The term ``charge number'' refers to the delivery of the calling party's billing number in a Signalling System 7 environment by a local exchange carrier to any interconnecting carrier for billing or routing purposes, and to the subsequent delivery of such number to end users. (e) Privacy Indicator. The term Privacy Indicator refers to information, contained in the calling party number parameter of the call set-up message associated with an interstate call on an Signalling System 7 network, that indicates whether the calling party authorizes presentation of the calling party number to the called party. (f) Signalling System 7. The term Signalling System 7 (SS7) refers to a carrier to carrier out-of-band signalling network used for call routing, billing and management. Sec. 64.1601 Delivery requirements and privacy restrictions. (a) Delivery. Common carriers using Signalling System 7 and offering or subscribing to any service based on Signalling System 7 functionality are required to transmit the calling party number associated with an interstate call to interconnecting carriers. (b) Privacy. Originating carriers using Signalling System 7 and offering or subscribing to any service based on Signalling System 7 functionality will only recognize *67 dialed as the first three digits of a call (or 1167 for rotary or pulse-dialing phones) as a caller's request for privacy on an interstate call. No common carrier subscribing to or offering any service that delivers calling party number may override the privacy indicator associated with an interstate call. The terminating carrier must act in accordance with the privacy indicator unless the call is made to a called party that subscribes to an ANI or charge number based service and the call is paid for by the called party. (c) Charges. No common carrier subscribing to or offering any service that delivers calling party number may: (1) Impose on the calling party charges associated with per call blocking of the calling party's telephone number, or (2) Impose charges upon connecting carriers for the delivery of the calling party number parameter or its associated privacy indicator. (d) Exemptions. Section 64.1601 shall not apply to calling party number delivery services: (1) Used solely in connection with calls within the same limited system, including (but not limited to) a Centrex, virtual private network, or private branch exchange system; (2) Used on a public agency's emergency telephone line or in conjunction with 911 emergency services, or on any entity's emergency assistance poison control telephone line; or (3) Provided in connection with legally authorized call tracing or trapping procedures specifically requested by a law enforcement agency. Sec. 64.1602 Restrictions on use and sale of telephone subscriber information provided pursuant to automatic number identification or charge number services. (a) Any common carrier providing Automatic Number Identification or charge number services on interstate calls to any person shall provide such services under a contract or tariff containing telephone subscriber information requirements that comply with this subpart. Such requirements shall: (1) Permit such person to use the telephone number and billing information for billing and collection, routing, screening, and completion of the originating telephone subscriber's call or transaction, or for services directly related to the originating telephone subscriber's call or transaction; (2) Prohibit such person from reusing or selling the telephone number or billing information without first: (i) Notifying the originating telephone subscriber and (ii) Obtaining the affirmative consent of such subscriber for such reuse or sale; and (3) Prohibit such person from disclosing, except as permitted by paragraphs (a) (1) and (2) of this section, any information derived from the automatic number identification or charge number service for any purpose other than: (i) Performing the services or transactions that are the subject of the originating telephone subscriber's call, (ii) Ensuring network performance security, and the effectiveness of call delivery, (iii) Compiling, using, and disclosing aggregate information, and (iv) Complying with applicable law or legal process. (b) The requirements imposed under paragraph (a) shall not prevent a person to whom automatic number identification or charge number services are provided from using the telephone number and billing information provided pursuant to such service, and any information derived from the automatic number identification or charge number service, or from the analysis of the characteristics of a telecommunications transmission, to offer a product or service that is directly related to the products or services previously acquired by that customer from such person. Use of such information is subject to the requirements of 47 CFR 64.1200 and 64.1504(c). Sec. 64.1603 Customer notification. Any common carrier participating in the offering of services providing calling party number, ANI, or charge number on interstate calls must notify its subscribers, individually or in conjunction with other carriers, that their telephone numbers may be identified to a called party. Such notification must be made not later than April 12, 1995, and at such times thereafter as to ensure notice to subscribers. The notification shall inform subscribers how to maintain privacy by dialing *67 (or 1167 for rotary or pulse-dialing phones) on interstate calls. For ANI or charge number services for which such privacy is not provided, the notification shall inform subscribers of the restrictions on the reuse or sale of subscriber information. Sec. 64.1604 Effective date. The provisions of Secs. 64.1601 through 64.1603 shall be effective as of April 12, 1995. Federal Communications Commission. William F. Caton, Acting Secretary. [FR Doc. 94-9358 Filed 4-15-94; 8:45 am] BILLING CODE 6712-01-M