[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]


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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.

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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.
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    \1\The further notice of proposed rulemaking is published 
elsewhere in this issue of the Federal Register.
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    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