[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
