[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Rules and Regulations]
[Pages 20746-20747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11383]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 91-281; DA 96-439]
Calling Number Identification Service--Caller ID
AGENCY: Federal Communications Commission (Commission).
ACTION: Final rule; waiver.
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SUMMARY: The Common Carrier Bureau, acting pursuant to delegated
authority, granted Sprint Communications Co. (Sprint) a waiver of the
Federal Communications Commission's calling party number (CPN) delivery
rules until June 1, 1996. The Commission's CPN delivery rules require
that common carriers using Signaling System 7 are required to transmit
the CPN associated with an interstate call to interconnecting carriers.
Sprint requested the waiver because it needed additional time to
correct a technical problem in which the privacy of a calling party
might be compromised. The Bureau conditioned this waiver on Sprint
providing two progress reports to the Bureau. These reports are to be
provided not later than April 15, 1996 and again on May 10, 1996. The
intended effect of this action is to avoid compromising the privacy of
callers.
EFFECTIVE DATE: March 29, 1996.
FOR FURTHER INFORMATION CONTACT: Elizabeth Nightingale, Network
Services Division, Common Carrier Bureau at 202-418-2352.
SUPPLEMENTARY INFORMATION: This summary describes the Bureau's Order in
the matter of Rules and Policies Regarding Calling Number
Identification Service, (CC Docket 91-281, adopted March 27, 1996 and
released March 29, 1995). The file is available for inspection and
copying during the weekday hours of 9 a.m. to 4:30 p.m. in the
Commission's Reference Center, Room 239, 1919 M St., NW., Washington
DC, or copies may be purchased from the Commission's duplicating
contractor, ITS, Inc. 2100 M St., NW., Suite 140, Washington, DC 20037,
phone 202-857-3800.
Analysis of the Order
After reviewing Sprint's petition for stay and waiver of the
Commission's rules governing calling party number (CPN) delivery and
privacy, the Bureau has concluded to grant Sprint a temporary waiver
until June 1, 1996 of Section 64.1601(a) and Section 64.103 of the
Commission's rules.
Sprint requested additional time to comply with the Commission's
caller ID
[[Page 20747]]
rules because it identified two technical problems that might
compromise the privacy of calling parties. Sprint indicated that one of
the problems could be corrected by the end of April 1996, while the
other could be corrected by the end of July 1996.
This request for additional time to comply with the Commission's
caller ID rules presented the Bureau with the undesirable choice
between (1) granting the requested waiver and temporarily frustrating
the Commission's federal objective of widespread CPN availability, or
(2) denying the waivers and temporarily frustrating the Commission's
federal privacy objectives. The Bureau determined that compromising the
privacy of callers would be unacceptable. Therefore, Sprint was granted
a waiver until June 1, 1996 of the Commission's rule that requires
carriers to pass CPN. The Bureau did not grant additional time to
Sprint beyond this date because (1) It found that Sprint had provided
inadequate information to allow a determination whether a waiver of the
Commission's CPN rules until July 31, 1996 would be in the public
interest, and (2) it believed that Sprint may have adequate time to
correct both problems by June 1, 1996. Additionally, the Bureau noted
that on June 1, 1996 the Commission's stay applicable to interstate
calls made to and from California expires and that the Bureau sought to
avoid unnecessary customer confusion associated with interstate calls
that do not contain caller ID information beyond this date. The Bureau
indicated that by granting this waiver until June 1, 1996 and denying
Sprint's request for additional time, the major sources of customer
confusion related to interstate caller ID will be eliminated as of June
1, 1996.
The Bureau conditioned the waiver on the requirement that Sprint
file two reports with the Bureau indicating the progress of steps being
taken to ensure compliance. Finally, the Bureau reiterated that it
would not tolerate repeated compliance delays and that, if appropriate,
it would take enforcement action.
Ordering Clauses
It is ordered, pursuant to Section 1.3 of the Commission's rules,
47 CFR 1.3, and authority delegated in Section 0.91 of the Commission's
rules, 47 CFR 0.91, and Section 0.291 of the Commission's rules, 47 CFR
0.291, that Sprint's request for a waiver of Section 64.1601(a) and
Section 64.1603 of the Commission's rules is granted in part and denied
in part. This waiver is effective until June 1, 1996, and is subject to
the conditions specified herein.
It is further ordered that this order is effective upon release.
List of Subjects in 47 CFR Part 64
Calling party number identification (caller ID), Communications
common carriers, Privacy, Telephone.
Federal Communications Commission.
Geraldine Matise,
Chief, Network Services Division, Common Carrier Bureau.
[FR Doc. 96-11383 Filed 5-7-96; 8:45 am]
BILLING CODE 6712-01-P
