[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Rules and Regulations]
[Pages 53944-53949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25648]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 96-115; FCC 99-227]
Telecommunications Carriers' Use of Customer Proprietary Network
Information and Other Customer Information
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document establishes rules to implement section 222(e) by
requiring all telecommunications carriers to provide subscriber list
information gathered in their capacity as providers of telephone
exchange service to any person upon request for the purpose of
publishing directories in any format, including Internet directories.
The intended effect is to further Congress's goals of preventing unfair
local exchange carrier (LEC) practices and encouraging the development
of competition in directory publishing.
DATES: Effective December 14, 1999. Written comments by the public on
the information collection requirements are due November 4, 1999. OMB
must submit written comments on the information collection requirements
on or before December 6, 1999.
FOR FURTHER INFORMATION CONTACT: William A. Kehoe, Special Counsel,
Common Carrier Bureau, Policy and Program Planning Division, (202) 418-
1580 or via the Internet at bkehoe@fcc.gov. Further information may
also be obtained by calling the Common Carrier Bureau's TTY number:
202-418-0484. For additional information concerning the information
collections contained in this Order contact Judy Boley at (202) 418-
0214, or via the Internet at jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
adopted August 23, 1999, and released September 9, 1999. The full text
of this Third Report and Order is available for inspection and copying
during normal business hours in the FCC Reference Center, 445 12th
Street, SW, Room CY-A257, Washington, DC The complete text also may be
obtained through the World Wide Web, at http://www.fcc.gov/Bureaus/
Common Carrier/Orders/fcc99227.wp, or may be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., (202) 857-3800, 1231 20th St., NW, Washington, DC 20036. This
Order contains information collections subject to the Paperwork
Reduction Act of 1995 (PRA). It has been submitted to the Office of
Management and Budget (OMB) for review under the PRA. The general
public and other federal agencies are invited to comment on the
information collections contained in this proceeding.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act, the Order contains a
Final Regulatory Flexibility Analysis which is set forth in an Appendix
to the Order. A brief description of the analysis follows. Pursuant to
section 604 of the Regulatory Flexibility Act, the Commission performed
a comprehensive analysis of the Order with regard to small entities.
This analysis includes: (1) A succinct statement of the need for, and
objectives of, the Commission's decisions in the Order; (2) A summary
of the significant issues raised by the public comments in response to
the initial regulatory flexibility analysis, a summary of the
Commission's assessment of these issues, and a statement of any changes
made in the Order as a result of the comments; (3) A description of and
an estimate of the number of small entities to which the Order will
apply; (4) A description of the projected reporting, recordkeeping and
other compliance
[[Page 53945]]
requirements of the Order, including an estimate of the classes of
small entities which will be subject to the requirement and the type of
professional skills necessary for compliance with the requirement; (5)
A description of the steps the Commission has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the Order and why each one of the other significant
alternatives to each of the Commission's decisions which affect small
entities was rejected.
Paperwork Reduction Act
This Order contains new and modified information collections. The
Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public to comment on the information
collections contained in this Order, as required by the Paperwork
Reduction Act of 1995, Public Law 104-12. Persons wishing to comment on
the information collections should submit comments on or before
November 4, 1999. Comments should address: (a) Whether the collection
of information is necessary for the proper performance of the functions
of the Commission, including whether the information shall have
practical utility; (b) The accuracy of the Commission's burden
estimates; (c) Ways to enhance the quality, utility, and clarity of the
information collected; and (d) Ways to minimize the burden of the
collection of information on the respondents including the use of
automated collection techniques or other forms of information
technology.
OMB Approval Number: 3060-0715.
Title: Telecommunications Carriers' Use of Customer Proprietary
Network Information and Other Customer Information.
Form No.: N/A.
Type of Review: Revised collection.
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No. of
Information collection respondents Estimated time per response Total annual
(approx.) burden
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Provision of Subscriber List Information... 2,000 2 hours (10 responses per year).... 20,000
Notifications.............................. 1,000 .5................................. 500
Cost Study................................. 100 100................................ 10,000
Certification.............................. 2,000 .5................................. 1,000
Disclosure of Contract Rates, Terms, and 2,000 .5 hours (2 responses per year).... 2,000
Conditions.
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Total Annual Burden: 33,500 hours
Respondents: Businesses or other for-profit.
Estimated costs per respondent: $0.
Needs and Uses: The Commission, in compliance with section 222(e)
of the Communications Act, promulgates rules in this Order to further
Congress' goals of preventing unfair LEC practices in relation to
subscriber list information and of encouraging the development of
competition in directory publishing. Our clarification and
particularization of the obligations imposed on carriers by section
222(e) is necessary to achieve Congress' goals in relation to
subscriber list information. This approach should reduce confusion and
potential controversy with minimal burdens on carriers and directory
publishers, many of whom are small businesses.
Synopsis of Order
1. In this Third Report and Order, we require all
telecommunications carriers to provide subscriber list information
gathered in their capacity as providers of telephone exchange service
to any person upon request for the purpose of publishing directories in
any format, including Internet directories. We also define subscriber
list information as ``the listed names of subscribers of a carrier and
such subscribers'' telephone numbers, addresses, or primary advertising
classifications (as such classifications are assigned at the time of
the establishment of such service) or any combination of such listed
names, numbers, addresses, or classifications * * * that the carrier or
an affiliate has published, caused to be published, or accepted for
publication in any directory format.''
2. Not only LECs, but all telecommunications carriers, including
interexchange carriers, cable operators, and other competitive LECs,
must provide subscriber list information gathered in their capacity as
providers of telephone exchange service to any person upon request for
the purpose of publishing directories. Only the carrier that provides a
subscriber with telephone exchange service is obligated to provide a
particular telephone subscriber's subscriber list information. A
carrier need not provide subscriber list information to requesting
directory publishers pursuant to section 222(e) unless the carrier
gathered that information in its capacity as a provider of telephone
exchange service.
3. The definition of subscriber list information we adopt includes
primary advertising classifications only if they are ``assigned at the
time of the establishment'' of telephone exchange service. A primary
advertising classification is assigned at the time of the establishment
of telephone exchange service if the carrier that provides telephone
exchange service assigns the classification or if a tariff or State
requirement obligates the carrier to provide yellow pages listings as
part of telephone exchange service to businesses.
4. Carriers are obligated to provide updated subscriber list
information to requesting directory publishers. For subscribers that
have multiple telephone numbers, a carrier must provide requesting
directory publishers with each telephone number that it has published,
caused to be published, or accepted for publication in a directory.
5. Each carrier that gathers subscriber list information in its
capacity as a provider of telephone exchange service is obligated to
provide that information to requesting directory publishers at the same
rates, terms, and conditions that the carrier provides the information
to its own directory publishing operation, its directory publishing
affiliate, or other directory publishers.
6. We also require each carrier that is subject to section 222(e)
to make available to requesting directory publishers any written
contracts that it has executed for the provision of subscriber list
information for directory publishing purposes to itself, an affiliate,
or an entity that publishes directories on the carrier's behalf. In
addition, to the extent any of a carrier's rates, terms, and conditions
for providing subscriber list information for those operations are not
set forth in a written contract, the carrier must keep a written record
of, and make available to requesting directory publishers, those rates,
terms, and conditions. Upon request, the carrier shall also provide
these contracts and this information to this Commission. A carrier must
not restrict a directory publisher's choice of directory format.
[[Page 53946]]
7. A carrier must provide subscriber list information at the time
requested by the directory publisher, provided that the directory
publisher has given at least thirty days advance notice and the
carrier's internal systems permit the request to be filled within that
time frame. We require carriers to unbundle subscriber list
information, including updates, on any basis requested by a directory
publisher that the carrier's internal systems can accommodate. A
carrier, in addition, must not require directory publishers to purchase
any product or service other than subscriber list information as a
condition of obtaining subscriber list information. In unbundling
subscriber list information for directory publishers, however, the
carrier shall not disclose customer proprietary network information
except as permitted by sections 222(c) and (d) of the Communications
Act and our implementing rules. Upon request, a carrier that has
received at least thirty days advance notice also must provide
subscriber list information on any periodic basis that the carrier's
internal systems can accommodate.
8. If the carrier's systems cannot accommodate the delivery
schedule, the level of unbundling, or the format requested by a
directory publisher, the carrier must inform the directory publisher of
that fact, tell the publisher which delivery schedules, unbundling
levels, or formats can be accommodated, and adhere to the schedule,
unbundling level, or format the publisher chooses from among those
available. The carrier must provide this information within thirty days
of when it receives the publisher's request. If this process results in
the provision of listings in addition to those the directory publisher
requested, the carrier may impose charges for, and the directory
publisher may publish, only the requested listings. A carrier, in
addition, must not require directory publishers to purchase any product
or service other than subscriber list information as a condition of
obtaining subscriber list information.
9. If a carrier finds that it cannot accommodate all of a group of
multiple or conflicting requests for subscriber list information within
the specified time frames, the carrier shall respond to those requests
on a nondiscriminatory basis. The carrier shall inform each affected
directory publisher of the conflicting requests within thirty days of
when it receives the publisher's request. Within that thirty-day
period, the carrier also shall inform each affected directory publisher
how it intends to resolve the conflict and the schedule on which it
intends to provide subscriber list information to each publisher.
10. In future disputes regarding the sufficiency of a carrier's
internal subscriber list information systems, the burden will be on the
carrier to show that those systems cannot accommodate the delivery
schedule, unbundling level, and format the directory publisher
requests.
11. We require carriers to provide requesting directory publishers
with notice of changes in subscriber list information to the extent
those changes reflect customers' decisions to cease having particular
telephone numbers listed.
12. Based on the record before us, we conclude that $0.04 per
listing is a presumptively reasonable rate for base file subscriber
list information, as defined below, and that $0.06 per listing is a
presumptively reasonable rate for other subscriber list information,
including updates, that carriers provide directory publishers. We do
not preclude a carrier from charging subscriber list information rates
different from these presumptively reasonable rates. However, any
carrier whose rates exceed either of these rates should be prepared to
provide cost data and all other relevant information justifying the
higher rate in the event a directory publisher files a complaint
regarding that rate pursuant to section 208 of the Communications Act.
Absent credible and verifiable data showing that the carrier's costs,
including a reasonable profit, exceed the applicable presumptively
reasonable rate, the Bureau or the Commission, depending on the
circumstances, shall conclude that the rate is unreasonable and award
damages accordingly.
13. In the event a directory publisher files a complaint regarding
a carrier's subscriber list information rates, the carrier must present
a cost study providing credible and verifiable cost data to justify
each challenged rate. This cost study must clearly and specifically
identify and justify:
a. Incremental Costs. Each specific function the carrier performs
solely to provide subscriber list information to the complainant; and
the incremental costs the carrier incurs in performing each of these
specific functions.
b. Common Costs. The cost the carrier incurs in creating and
maintaining its subscriber list information database and the methods
the carrier uses to allocate that cost among supported services.
c. Overheads. Any other costs the carrier incurs to support its
provision of subscriber list information to the complainant; the other
activities those costs support; and the methods the carrier uses to
allocate those costs.
d. Other Information. The projected average number of listings the
carrier provides to directory publishers and, if applicable, to other
entities in a year; the rate of return on investment and depreciation
costs the carrier uses in calculating its subscriber list information
rates; and any other information necessary to make clear the carrier's
costing process. The carrier should provide this information separately
for both base file and updated subscriber list information if the
complainant challenges both types of rates. We also expect the carrier
to describe how its methods for allocating common costs compare to
those the carrier uses in other contexts. In the absence of cost data
showing that the carrier's costs exceed the presumptively reasonable
rates, the Bureau or the Commission, depending on the circumstances,
shall find in favor of the plaintiff, and award damages accordingly.
14. We require that directory publishers be allowed to purchase
updated subscriber list information rather than having to repurchase a
carrier's entire subscriber list information database each time the
publisher wishes to update its own database.
15. Carriers may require directory publishers to certify that they
will use subscriber list information obtained pursuant to section
222(e) only for directory publishing purposes. The certification may be
either oral or written, at the carrier's option.
16. After consideration of possible alternatives, we conclude in
the Third Report and Order that our clarification and particularization
of the obligations imposed on carriers by section 222(e) is necessary
to achieve Congress' goals in relation to subscriber list information.
Our decision to act in this Third Report and Order, rather than
exclusively through case-by-case adjudication, will reduce confusion
and potential controversy with minimal burdens on carriers and
directory publishers, many of whom are small entities.
17. As indicated above, our actions in this Third Report and Order
will affect both carriers and directory publishers that, for purposes
of the FRFA, we assume are classified as small entities. The record in
this proceeding reflects the carriers' and directory publishers'
conflicting views as to the meaning of the statutory language and, in
particular, as to the application of statutory terms, such as
``timely'' and ``reasonable,'' to specific situations. The record also
makes clear that these disputes may
[[Page 53947]]
have prevented full realization of Congress' goals of preventing unfair
carrier practices in relation to subscriber list information and
encouraging the development of competition in directory publishing.
18. In resolving these disputes, we have considered significant
alternatives, such as allowing value-based rates for subscriber list
information carriers provide directory publishers. In choosing among
the various alternatives, we have sought to minimize the adverse
economic impact on carriers, including those that are small entities.
We recognize, however, that Congress intended section 222(e) to prevent
carriers from deriving economic benefits from refusing to provide
subscriber list information on a timely and unbundled basis, charging
discriminatory or unreasonable rates for that information, or imposing
discriminatory or unreasonable terms or conditions in connection with
the provision of that information. In implementing that section, we
have sought to eliminate those benefits.
19. As discussed in this Third Report and Order, we recognize that
the ability of independent directory publishers to improve customer
service and to develop new products is dependent on telecommunications
carriers' understanding and complying with their obligations under
section 222(e). Many independent directory publishers are small,
entrepreneurial businesses. Our actions in this Third Report and Order
will benefit these directory publishers by facilitating their directory
publishing operations. Those actions also will eliminate barriers to
entering the directory publishing market, and thus benefit small
entities as they take that step. In general in this Third Report and
Order, we have attempted to implement section 222(e) in a manner that
keeps burdens on carriers to a minimum while ensuring that directory
publishers, including new entrants, are able to compete based on the
quality of their directories. We believe that this Third Report and
Order furthers our commitment to minimizing regulatory burdens on small
entities in accordance with statutory requirements.
20. Accordingly, it is ordered that, pursuant to the authority
contained in Secs. 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f)(3), 251,
303(r), and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), 154(j), 201-205, 208, 222(e), 222(f)(3), 303(r),
and 403, the Third Report and Order is adopted.
21. It is further ordered that, pursuant to the authority contained
in Secs. 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f)(3), 303(r), and
403 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
154(j), 201-205, 208, 222(e), 222(f)(3), 303(r), and 403, Part 64 of
the Commission's rules, 47 CFR Part 64, is amended, as set forth below.
22. It is further ordered that, pursuant to the authority contained
in Sec. Sec. 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f)(3), 303(r),
and 403 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 154(j), 201-205, 208, 222(e), 222(f)(3), 303(r), and 403, and
section 1.427 of the Commission's Rules, 47 CFR 1.427, that the
requirements and rules adopted in the Third Report and Order shall be
effective December 14, 1999, since the rules contain information
collection requirements that are contingent on approval by the OMB.
23. It is further ordered that the Commission's Office of Public
Affairs, Reference Operations Division, shall send a copy of this Third
Report and Order, including the associated Final Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration, in accordance with paragraph 605(b) of the Regulatory
Flexibility Act, 5 U.S.C. Secs. 601 et seq.
List of Subjects in 47 CFR Part 64
Communications common carriers, Reporting and recordkeeping
requirements, Telephone.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR Part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
1. The authority citation for Part 64 continues to read as follows:
Authority: 47 U.S.C. 1-5, 7, 201-05, 222.
2. Part 64 is amended by adding Subpart X to read as follows:
Subpart X--Subscriber List Information
64.2301 Basis and purpose.
64.2305 Definitions.
64.2309 Provision of subscriber list information.
64.2313 Timely basis.
64.2317 Unbundled basis.
64.2321 Nondiscriminatory rates, terms, and conditions.
64.2325 Reasonable rates, terms, and conditions.
64.2329 Format.
64.2333 Burden of proof.
64.2337 Directory publishing purposes.
64.2341 Record keeping.
64.2345 Primary advertising classification.
Subpart X--Subscriber List Information
Sec. 64.2301 Basis and purpose.
(a) Basis. These rules are issued pursuant to the Communications
Act of 1934, as amended.
(b) Purpose. The purpose of these rules is to implement section
222(e) of the Communications Act of 1934, as amended, 47 U.S.C. 222.
Section 222(e) requires that ``a telecommunications carrier that
provides telephone exchange service shall provide subscriber list
information gathered in its capacity as a provider of such service on a
timely and unbundled basis, under nondiscriminatory and reasonable
rates, terms, and conditions, to any person upon request for the
purpose of publishing directories in any format.''
Sec. 64.2305 Definitions.
Terms used in this subpart have the following meanings:
(a) Base file subscriber list information. A directory publisher
requests base file subscriber list information when the publisher
requests, as of a given date, all of a carrier's subscriber list
information that the publisher wishes to include in one or more
directories.
(b) Business subscriber. Business subscriber refers to a subscriber
to telephone exchange service for businesses.
(c) Primary advertising classification. A primary advertising
classification is the principal business heading under which a
subscriber to telephone exchange service for businesses chooses to be
listed in the yellow pages, if the carrier either assigns that heading
or is obligated to provide yellow pages listings as part of telephone
exchange service to businesses. In other circumstances, a primary
advertising classification is the classification of a subscriber to
telephone exchange service as a business subscriber.
(d) Residential subscriber. Residential subscriber refers to a
subscriber to telephone exchange service that is not a business
subscriber.
(e) Subscriber list information. Subscriber list information is any
information:
(1) Identifying the listed names of subscribers of a carrier and
such subscribers' telephone numbers, addresses, or primary advertising
classifications (as such classifications are assigned at the time of
the establishment of such service), or any combination of such listed
names, numbers, addresses, or classifications; and
[[Page 53948]]
(2) That the carrier or an affiliate has published, caused to be
published, or accepted for publication in any directory format.
(f) Telecommunications carrier. A telecommunications carrier is any
provider of telecommunications services, except that such term does not
include aggregators of telecommunications services (as defined in 47
U.S.C. 226(a)(2)).
(g) Telephone exchange service. Telephone exchange service means:
(1) Service within a telephone exchange, or within a connected
system of telephone exchanges within the same exchange area operated to
furnish to subscribers intercommunicating service of the character
ordinarily furnished by a single exchange, and which is covered by the
exchange service charge, or
(B) Comparable service provided through a system of switches,
transmission equipment, or other facilities (or combination thereof) by
which a subscriber can originate and terminate a telecommunications
service.
(h) Updated subscriber list information. A directory publisher
requests updated subscriber list information when the publisher
requests changes to all or any part of a carrier's subscriber list
information occurring between specified dates.
Sec. 64.2309 Provision of subscriber list information.
(a) A telecommunications carrier that provides telephone exchange
service shall provide subscriber list information gathered in its
capacity as a provider of such service on a timely and unbundled basis,
under nondiscriminatory and reasonable rates, terms, and conditions, to
any person upon request for the purpose of publishing directories in
any format.
(b) The obligation under paragraph (a) to provide a particular
telephone subscriber's subscriber list information extends only to the
carrier that provides that subscriber with telephone exchange service.
Sec. 64.2313 Timely basis.
(a) For purposes of Sec. 64.2309, a telecommunications carrier
provides subscriber list information on a timely basis only if the
carrier provides the requested information to the requesting directory
publisher either:
(1) At the time at which, or according to the schedule under which,
the directory publisher requests that the subscriber list information
be provided;
(2) When the carrier does not receive at least thirty days advance
notice of the time the directory publisher requests that subscriber
list information be provided, on the first business day that is at
least thirty days from date the carrier receives that request; or
(3) At a time determined in accordance with paragraph (b) of this
section.
(b) If a carrier's internal systems do not permit the carrier to
provide subscriber list information within either of the time frames
specified in paragraph (a)(1) of this section, the carrier shall:
(1) Within thirty days of receiving the publisher's request, inform
the directory publisher that the requested schedule cannot be
accommodated and tell the directory publisher which schedules can be
accommodated; and
(2) Adhere to the schedule the directory publisher chooses from
among the available schedules.
Sec. 64.2317 Unbundled basis.
(a) A directory publisher may request that a carrier unbundle
subscriber list information on any basis for the purpose of publishing
one or more directories.
(b) For purposes of Sec. 64.2309, a telecommunications carrier
provides subscriber list information on an unbundled basis only if the
carrier provides:
(1) The listings the directory publisher requests and no other
listings, products, or services; or
(2) Subscriber list information on a basis determined in accordance
with paragraph (c) of this section.
(c) If the carrier's internal systems do not permit it unbundle
subscriber list information on the basis a directory publisher
requests, the carrier must:
(1) Within thirty days of receiving the publisher's request, inform
the directory publisher that it cannot unbundle subscriber list
information on the requested basis and tell the directory publisher the
bases on which the carrier can unbundle subscriber list information;
and
(2) In accordance with paragraph (d) of this section, provide
subscriber list information to the directory publisher unbundled on the
basis the directory publisher chooses from among the available bases.
(d) If a carrier provides a directory publisher listings in
addition to those the directory publisher requests, the carrier may
impose charges for, and the directory publisher may publish, only the
requested listings.
(e) A carrier must not require directory publishers to purchase any
product or service other than subscriber list information as a
condition of obtaining subscriber list information.
Sec. 64.2321 Nondiscriminatory rates, terms, and conditions.
For purposes of Sec. 64.2309, a telecommunications carrier provides
subscriber list information under nondiscriminatory rates, terms, and
conditions only if the carrier provides subscriber list information
gathered in its capacity as a provider of telephone exchange service to
a requesting directory publisher at the same rates, terms, and
conditions that the carrier provides the information to its own
directory publishing operation, its directory publishing affiliate, or
other directory publishers.
Sec. 64.2325 Reasonable rates, terms, and conditions.
(a) For purposes of Sec. 64.2309, a telecommunications carrier will
be presumed to provide subscriber list information under reasonable
rates if its rates are no more than $0.04 a listing for base file
subscriber list information and no more than $0.06 a listing for
updated subscriber list information.
(b) For purposes of Sec. 64.2309, a telecommunications carrier
provides subscriber list information under reasonable terms and
conditions only if the carrier does not restrict a directory
publisher's choice of directory format.
Sec. 64.2329 Format.
(a) A carrier shall provide subscriber list information obtained in
its capacity as a provider of telephone exchange service to a
requesting directory publisher in the format the publisher specifies,
if the carrier's internal systems can accommodate that format.
(b) If a carrier's internal systems do not permit the carrier to
provide subscriber list information in the format the directory
publisher specifies, the carrier shall:
(1) Within thirty days of receiving the publisher's request, inform
the directory publisher that the requested format cannot be
accommodated and tell the directory publisher which formats can be
accommodated; and
(2) Provide the requested subscriber list information in the format
the directory publisher chooses from among the available formats.
Sec. 64.2333 Burden of proof.
(a) In any future proceeding arising under section 222(e) of the
Communications Act or Sec. 64.2309, the burden of proof will be on the
carrier to the extent it claims its internal subscriber list
information systems cannot accommodate the delivery time, delivery
schedule, unbundling level, or format requested by a directory
publisher.
[[Page 53949]]
(b) In any future proceeding arising under section 222(e) of the
Communications Act or Sec. 64.2309, the burden of proof will be on the
carrier to the extent it seeks a rate exceeding $0.04 per listing for
base file subscriber list information or $0.06 per listing for updated
subscriber list information.
Sec. 64.2337 Directory publishing purposes.
(a) Except to the extent the carrier and directory publisher
otherwise agree, a directory publisher shall use subscriber list
information obtained pursuant to section 222(e) of the Communications
Act or Sec. 64.2309 only for the purpose of publishing directories.
(b) A directory publisher uses subscriber list information ``for
the purpose of publishing directories'' if the publisher includes that
information in a directory, or uses that information to determine what
information should be included in a directory, solicit advertisers for
a directory, or deliver directories.
(c) A telecommunications carrier may require any person requesting
subscriber list information pursuant to section 222(e) of the
Communications Act or Sec. 64.2309 to certify that the publisher will
use the information only for purposes of publishing a directory.
(d) A carrier must provide subscriber list information to a
requesting directory publisher even if the carrier believes that the
directory publisher will use that information for purposes other than
or in addition to directory publishing.
Sec. 64.2341 Record keeping.
(a) A telecommunications carrier must retain, for at least one year
after its expiration, each written contract that it has executed for
the provision of subscriber list information for directory publishing
purposes to itself, an affiliate, or an entity that publishes
directories on the carrier's behalf.
(b) A telecommunications carrier must maintain, for at least one
year after the carrier provides subscriber list information for
directory publishing purposes to itself, an affiliate, or an entity
that publishes directories on the carrier's behalf, records of any of
its rates, terms, and conditions for providing that subscriber list
information which are not set forth in a written contract.
(c) A carrier shall make the contracts and records described in
paragraphs (a) and (b) of this section available, upon request, to the
Commission and to any directory publisher that requests those contracts
and records for the purpose of publishing a directory.
Sec. 64.2345 Primary advertising classification.
A primary advertising classification is assigned at the time of the
establishment of telephone exchange service if the carrier that
provides telephone exchange service assigns the classification or if a
tariff or State requirement obligates the carrier to provide yellow
pages listings as part of telephone exchange service to businesses.
[FR Doc. 99-25648 Filed 10-4-99; 8:45 am]
BILLING CODE 6712-01-P
