[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: 94-9359]


[[Page Unknown]]

[Federal Register: April 18, 1994]


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FEDERAL COMMUNICATION COMMISSIONS

47 CFR PART 64

[CC Docket No. 91-281; FCC 94-59]

 

Calling Number Identification Service--Caller ID

AGENCY: Federal Communications Commission.

ACTION: Proposed rules.

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SUMMARY: In a Report and Order and Further Notice of Proposed 
Rulemaking adopted March 8, 1994, the Commission required that carriers 
participating in the offering of calling party number based services 
must inform telephone customers 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.
    In the Further Notice of Proposed Rulemaking adopted March 8, 1994, 
the Commission seeks comments on whether the Commission should 
prescribe more detailed instructions regarding subscriber education 
requirements, and on whether the policies for calling party number 
delivery adopted in the Report and Order should extend to other 
services.

DATES: Comments are due May 18, 1994, and reply comments due June 21, 
1994.

ADDRESSES: Federal Communications, Commission, 1919 M Street, NW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
Suzanne Hutchings, Domestic Services Branch, Domestic Facilities 
Division, Common Carrier Bureau, (202) 634-1802, or Olga Madruga-Forti, 
Domestic Services Branch, Domestic Facilities Division, Common Carrier 
Bureau, (202) 634-1816.

SUPPLEMENTARY INFORMATION: This summarizes the Commission's Further 
Notice of Proposed Rulemaking in the matter of Rules and Policies 
Regarding Calling Number Identification Service. The item was adopted 
by the Commission on March 8, 1994, and released March 29, 1994, and 
bears the title of ``Rules and Policies Regarding Calling Number 
Identification Services--Caller ID'', Report and Order (R&O) and 
Further Notice of Proposed Rulemaking (Further NPRM) (CC Docket 91-281, 
FCC 94-59). The R&O is summarized elsewhere in this issue.
    The Further NPRM and supporting file are available for inspection 
and copying during the weekday hours of 9 a.m. to 4:30 p.m. in the FCC 
Reference Center, room 239, 1919 M St., NW., Washington, DC, or copies 
may be purchased from the Commission's duplicating contractor, ITS, 
2100 M St., NW., Suite 140, Washington, DC 20037, phone (202) 857-3800. 
The Further NPRM will be published in the FCC Record.

Analysis of Proceeding

    This summarizes the Commission's Further NPRM in the matter of 
Rules and Policies Regarding Calling Number Identification Services--
Caller ID, Report and Order and Further Notice of Proposed Rulemaking 
(CC Docket 91-281, FCC 94-59, adopted March 8, 1994, and released March 
29, 1994). In the Notice of Proposed Rulemaking, adopted October 23, 
1991, (56 FR 53700, November 8, 1991), the Commission proposed to 
establish federal policies and rules concerning interstate calling 
number identification service (caller ID). On March 8, 1994, the 
Commission adopted a Report and Order which found that a federal model 
for interstate delivery of calling party number 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.
    Specially, the Commission's rules require that common carriers 
using Common Channel Signalling System 7 (SS7) and subscribing to or 
offering any service based on SS7 functionality must transmit the 
calling party number parameter and its associated privacy indicator on 
an interstate call to connecting carriers. The rules also require that 
carriers offering CPN delivery services provide, at no charge to the 
caller, an automatic per call blocking mechanism for interstate 
callers. The rules require that terminating carriers providing calling 
party based services, including caller ID, honor the privacy indicator. 
The Commission found 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 adopted in the R&O require that 
carriers participating in the offering of any service that delivers CPN 
on interstate calls inform telephone subscribes that the subscriber's 
number may be revealed to called parties and describe what steps 
subscribers can take to avoid revealing their numbers. Further, the 
Commission adopts rules restricting the reuse or sale of information 
generated by automatic number identification (ANI) or charge number 
services, absent affirmative subscriber consent.
    In the Further Notice of Proposed Rulemaking (Further NPRM) adopted 
March 8, 1994, the Commission seeks comment on whether it should 
prescribe detailed instructions regarding what form education should 
take or prescribe more precisely responsibilities of various carriers. 
The Commission stated a particular interest in specific joint industry 
education proposals.
    In the Further NPRM, 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 this 
tentative conclusion. It also seeks comment on whether the policies 
adopted in the Report and Order should be extended to other services 
that might identify the calling party.

Further Notice of Proposed Rulemaking

    This is a nonrestricted notice and comment rulemaking proceeding. 
Ex Parte presentations are permitted, except during the Sunshine Agenda 
period, provided they are disclosed as provided in Commission rules. 
See generally 37 CFR 1.1202, 1.1203 and 1.1206(a).
    We certify that the Regulatory Flexibility Act of 1980 does not 
apply to this rulemaking proceeding because if the proposed rule 
amendment is promulgated, there will not be a significant economic 
impact on a substantial number of small business entities, as defined 
in section 601(3) of the Regulatory Flexibility Act. The Secretary 
shall send a copy of this Report and Order and Further Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with paragraph 603(A) Regulatory 
Flexibility Act. Public Law 96-354, 94 Stat. 1164, 5 U.S.C. section 601 
et seq. (1981).
    Pursuant to applicable procedures set forth in Sec. Sec. 1.415 and 
1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before May 18, 1994, and reply comments 
on or before June 21, 1994. To file formally in this proceeding, 
interested parties must file an original and four copies of all 
comments, reply comments, and supporting documents with the reference 
number ``CC Docket 91-281'' on each document. If interested parties 
want each Commissioner to receive a personal copy of comments, 
interested parties must file an original plus nine copies. Interested 
parties should send comments and reply comments to the Office of the 
Secretary, Federal Communications Commission, Washington, DC 20554. 
Comments and reply comments will be available for public inspection 
during regular business hours in the FCC Reference Center, room 239, 
Federal Communications Commission, 1919 M Street, NW., Washington, DC. 
Copies of comments and reply comments are available through the 
Commission's duplicating contractor: International Transcription 
Service, Inc. (ITS, Inc), 2100 M Street, NW., suite 140, Washington, DC 
20037, (202) 857-3800.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-9359 Filed 4-15-94; 8:45 am]
BILLING CODE 6712-01-M