§ 64.2002 - Definitions.

§ 64.2002 Definitions.

The following definitions apply to this subpart.

(a) Broadband Internet access service (BIAS). The term “broadband Internet access service” or “BIAS” has the same meaning given to such term in section 8.2(a) of this chapter.

(b) Broadband Internet Access service provider. The term “broadband Internet access service provider” or “BIAS provider” means a person engaged in the provision of BIAS.

(c) Breach of security. The terms “breach of security,” “breach,” or “data breach,” mean any instance in which a person, without authorization or exceeding authorization, has gained access to, used, or disclosed customer proprietary information.

(d) Call detail information. Any information that pertains to the transmission of specific telephone calls, including, for outbound calls, the number called, and the time, location, or duration of any call and, for inbound calls, the number from which the call was placed, and the time, location, or duration of any call.

(e) Customer. A customer of a telecommunications carrier is:

(1) A current or former subscriber to a telecommunications service; or

(2) An applicant for a telecommunications service.

(f) Customer proprietary information. The term “customer proprietary information” or “customer PI” means any of the following a carrier acquires in connection with its provision of telecommunications service:

(1) Individually identifiable customer proprietary network information (CPNI);

(2) Personally identifiable information (PII); and

(3) Content of communications.

(g) Customer proprietary network information (CPNI). The term “customer proprietary network information” or “CPNI” has the same meaning given to such term in section 222(h)(1) of the Communications Act of 1934, as amended, 47 U.S.C. 222(h)(1).

(h) Interconnected Voice over Internet Protocol (VoIP) Service. The term “interconnected VoIP service” has the same meaning given to such term in § 9.3 of this chapter.

(i) Material change. The term “material change” means any change that a customer, acting reasonably under the circumstances, would consider important to his or her decisions regarding his or her privacy, including any change to information required by the privacy notice described in § 64.2003.

(j) Opt-in approval. A method for obtaining customer consent to use, disclose, or permit access to the customer's proprietary information. This approval method requires that the carrier obtain from the customer affirmative, express consent allowing the requested usage, disclosure, or access to the customer proprietary information after the customer is provided appropriate notification of the carrier's request consistent with the requirements set forth in this subpart.

(k) Opt-out approval. A method for obtaining customer consent to use, disclose, or permit access to the customer's proprietary information. Under this approval method, a customer is deemed to have consented to the use, disclosure, or access to the customer's proprietary information if the customer has failed to object thereto after the customer is provided appropriate notification of the carrier's request for consent consistent with the requirements set forth in this subpart.

(l) Person. The term “person” has the same meaning given such term in section 3 of the Communications Act of 1934, as amended, 47 U.S.C. 153.

(m) Personally identifiable information (PII). The term “personally identifiable information” or “PII” means any information that is linked or reasonably linkable to an individual or device.

(n) Sensitive customer proprietary information. The terms “sensitive customer proprietary information” or “sensitive customer PI” include:

(1) Financial information;

(2) Health information;

(3) Information pertaining to children;

(4) Social Security numbers;

(5) Precise geo-location information;

(6) Content of communications;

(7) Call detail information; and

(8) Web browsing history, application usage history, and the functional equivalents of either.

(o) Telecommunications carrier or carrier. The terms “telecommunications carrier” or “carrier” shall have the same meaning as set forth in section 3 of the Communications Act of 1934, as amended, 47 U.S.C. 153. For the purposes of this subpart, the term “telecommunications carrier” or “carrier” shall include a person engaged in the provision of interconnected VoIP service, as that term is defined in paragraph (h) of this section.

(p) Telecommunications service. The term “telecommunications service” has the same meaning given to such term in section 3 of the Communications Act of 1934, as amended, 47 U.S.C. 153. For the purposes of this subpart, the term “telecommunications service” shall include interconnected VoIP service, as that term is defined in paragraph (h) of this section.