96-5189. Tariffing Requirements for Billing Name and Address  

  • [Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
    [Rules and Regulations]
    [Pages 8879-8880]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-5189]
    
    
    
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    FEDERAL COMMUNICATIONS COMMISSION
    47 CFR Part 64
    
    [CC Docket No. 91-115; FCC 96-38]
    
    
    Tariffing Requirements for Billing Name and Address
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Final Rule; petition for reconsideration.
    
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    SUMMARY: On February 1, 1996, the Commission adopted a Third Order on 
    Reconsideration in this proceeding denying two petitions for 
    reconsideration filed by US West Communications, Inc. (US West). In its 
    first petition, US West sought reconsideration of the Commission's 
    denial of its petition for stay of the Order requiring LECs to file 
    tariffs governing the provision of billing name and address (BNA) 
    information. The Commission denied this petition as repetitious, 
    because the Commission had addressed all of US West's arguments in a 
    previous Order. In the other petition, US West sought reconsideration 
    of the prohibition against using BNA information for marketing 
    purposes, which the Commission adopted in 1993 to protect end user 
    privacy when local exchange carriers provide BNA information under 
    tariff. US West also claimed that the previous Orders in this 
    proceeding did not explain whether the BNA rules applied to all BNA 
    information, or only to BNA information associated with calling card, 
    third party, and collect calls. The Commission denied this petition to 
    the extent it sought to eliminate the prohibition against using BNA 
    information for marketing purposes, and granted it to the extent it 
    
    [[Page 8880]]
    sought clarification of the application of the BNA requirements.
    
    EFFECTIVE DATE: April 5, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Steven Spaeth, Tariff Division, Common 
    Carrier Bureau, (202) 418-1530.
    
    SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
    Order on Reconsideration adopted February 1, 1996, and released 
    February 9, 1996. The full text of this Commission decision is 
    available for inspection and copying during normal business hours in 
    the FCC Public Reference Room (Room 230), 1919 M Street NW., 
    Washington, DC. The complete text of this decision may also be 
    purchased from the Commission's copy contractor, International 
    Transcription Service, Suite 140, 2100 M Street NW., Washington, DC 
    20037.
    
    Regulatory Flexibility Analysis
    
        The Commission has determined that Section 605(b) of the Regulatory 
    Flexibility Act of 1980, 5 U.S.C. 605(b), does not apply to these rules 
    because they do not have a significant economic impact on a substantial 
    number of small entities. The definition of a ``small entity'' in 
    Section 3 of the Small Business Act excludes any business that is 
    dominant in its field of operation. Although some of the local exchange 
    carriers that will be affected are very small, local exchange carriers 
    do not qualify as small entities because each of them has a monopoly on 
    ubiquitous access to the subscribers in their service area. The 
    Commission has also found all exchange carriers to be dominant in its 
    competitive carrier proceeding. See 85 FCC 2d 1, 23-24 (1980). To the 
    extent that small telephone companies will be affected by these rules, 
    the Commission hereby certifies that these rules will not have a 
    significant effect on a substantial number of ``small entities.''
    
    Summary of Report and Order
    
        In the Second Report and Order in this Docket, 58 FR 36143, July 6, 
    1993, the Commission required local exchange carriers (LECs) to provide 
    their customers' BNA information to interexchange carriers and other 
    telecommunications service providers on a common carrier basis. Because 
    widespread disclosure of BNA information could conflict with customers' 
    reasonable expectations of privacy, the Commission also limited BNA 
    disclosure, thus safeguarding these expectations. In particular, the 
    Commission prohibited parties obtaining BNA information from using it 
    for marketing purposes. In the Second Order on Reconsideration in this 
    docket, 58 FR 65669, December 16, 1993, the Commission revised some of 
    its privacy protections, but again expressly forbade parties from using 
    BNA information for marketing purposes.
        In its petitions for reconsideration, US West argued that the 
    record did not adequately demonstrate the need for any privacy 
    protections, that adopting these rules violated US West's due process 
    rights, that these rules were inconsistent with rules we adopted in a 
    different proceeding, and that the restriction against marketing was an 
    unconstitutional restriction on BNA purchasers' freedom of speech. The 
    Commission found that none of these arguments warranted revision of the 
    BNA privacy protections.
        US West also claimed that the previous Orders in this proceeding 
    did not explain whether the rules applied to all BNA information, or 
    only to BNA information associated with calling card, third party, and 
    collect calls. The Commission explained which of its rules apply to all 
    BNA information, and which apply only to BNA information associated 
    with calling card, third party, and collect calls. The Commission also 
    revised Section 64.1201(e)(3) of its rules, to make its application 
    more clear.
    
    Ordering Clauses
    
        Accordingly, It is ordered, Pursuant to Section 1.429(i) of the 
    Commission's Rules, 47 CFR Sec. 1.429(i), that the petition for 
    reconsideration of the First BNA Reconsideration Order filed by US West 
    Communications, Inc. is dismissed as repetitious.
        It is further ordered, Pursuant to Section 1.429(i) of the 
    Commission's Rules, 47 CFR Sec. 1.429(i), that the petition for 
    reconsideration of the Second BNA Reconsideration Order filed by US 
    West Communications, Inc. is granted to the extent indicated above, and 
    otherwise is denied.
        It is further ordered, That the policies, rules and requirements 
    set forth herein are adopted.
    
    List of Subjects in 47 CFR Part 64
    
        Communications common carriers.
    
    Federal Communications Commission.
    William F. Caton,
    Acting Secretary.
    
        Title 47 of the CFR, Part 64, is amended as follows:
    
    PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
    
    Rule Changes
    
        1. The authority citation for Part 64 continues to read as follows:
    
        Authority: Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154, 
    unless otherwise noted.
    
        2. Section 64.1201(e)(3) is revised to read as follows:
    
    
    Sec. 64.1201  Restrictions on billing name and address disclosure.
    
    * * * * *
        (e) * * *
        (3) No local exchange carrier shall disclose the billing name and 
    address information associated with any calling card call made by any 
    subscriber who has affirmatively withheld consent for disclosure of BNA 
    information, or for any third party or collect call charged to any 
    subscriber who has affirmatively withheld consent for disclosure of BNA 
    information.
    
    [FR Doc. 96-5189 Filed 3-5-96; 8:45 am]
    BILLING CODE 6712-01-P
    
    

Document Information

Effective Date:
4/5/1996
Published:
03/06/1996
Department:
Federal Communications Commission
Entry Type:
Rule
Action:
Final Rule; petition for reconsideration.
Document Number:
96-5189
Dates:
April 5, 1996.
Pages:
8879-8880 (2 pages)
Docket Numbers:
CC Docket No. 91-115, FCC 96-38
PDF File:
96-5189.pdf
CFR: (1)
47 CFR 64.1201