[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Rules and Regulations]
[Pages 29489-29491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13760]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 91-281, FCC 95-187]
Calling Number Identification Service--Caller ID
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On May 5, 1995, the Commission adopted an Order on
Reconsideration (Reconsideration) and a Second Report and Order (Second
R&O). Pursuant to the Reconsideration and Second R&O (collectively
called Order), this document amends rules regarding the federal model
for Caller ID. This action fosters development of new technologies
while at the same time protecting privacy expectations of people making
and receiving calls.
EFFECTIVE DATE: Sections 64.1600 and 64.1602 are effective April 12,
1995. Sections 64.1601 and 64.1603 are effective December 1, 1995,
except Sections 64.1601 and 64.1603 do not apply to public payphones
and partylines until January 1, 1997.
FOR FURTHER INFORMATION CONTACT:
Marian Gordon (202/634-4215) or Mike Specht (202/634-1816), Domestic
Facilities Division, Common Carrier Bureau.
SUPPLEMENTARY INFORMATION: This summarizes the Commission's
Reconsideration and Second R&O in the matter of Rules and Policies
Regarding Calling Number Identification Service--Caller ID, (CC Docket
91-281, adopted May 4, 1995, and released May 5, 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 Proceeding
On October 23, 1991, the Commission issued a Notice of Proposed
Rulemaking (NPRM), summarized at 59 FR 18318 (April 18, 1994), seeking
to develop effective policies to govern interstate calling party number
(CPN) based services such as Caller ID. CPN based services are services
depending on capabilities that are possible with new, out-of-band
signalling techniques, the most recent being Signalling System Seven
(SS7). The Commission found that as interexchange and local exchange
carriers deploy SS7 and interconnect their signalling networks,
interstate CPN-based services become possible. The Commission
tentatively concluded that these new interstate services (the most
widely known is Caller ID ) would serve the public interest, but that
federal policies had to be established to resolve uncertainties that
appeared to be impeding their development. In particular, it identified
billing issues among different carriers involved in passing CPN and
varying state policies on the privacy rights of the parties on
interstate calls as needing clarification.
On March 29, 1994, the Commission affirmed its tentative conclusion
that interstate passage of CPN is in the public interest because,
consistent with the statutory intent underlying Sections 1 and 7 of the
Communications Act, it makes many new services and efficiencies
possible. The Commission adopted a federal model to govern interstate
transport and delivery of CPN, based largely on the proposals in the
NPRM. The federal model included the following principles: (1) When a
carrier uses SS7 to set up a call, it must transmit CPN and its
associated privacy indicator for that call to connecting carriers; (2)
calling parties should be able to conceal their number on an interstate
call by dialing *67, and know that if they do not dial *67 their number
may be revealed; (3) carriers in the transmission chain must honor the
calling party's privacy election; (4) carriers may not charge
connecting carriers for passage of CPN because its incremental costs
are de minimis; (5) carriers may not charge calling parties for
providing them the ability to conceal CPN by using *67, and must
educate subscribers how to maintain confidentiality; (6) customers of
charge number services such as 800 generally may not reuse charge
number information without the permission of the calling party (charge
number in SS7 technology is equivalent to Automatic Number
Identification (ANI) that identifies a calling number in the older
multifrequency signalling technology); and (7) states are preempted
from having policies that interfere with the federal policy.
In addition to articulating the principles that govern the federal
caller ID model, the Commission sought further comment on whether it
should prescribe precise requirements regarding exactly how carriers
should educate consumers about maintaining privacy on CPN services and
whether and how the policies it adopted should be extended to other
identification services, such as calling party name. On March 17, 1995,
the Commission stayed the effective date of Sections 1601 (CPN passage
and privacy) and 1603 (education) of the rules.
In the order adopted May 4, 1994, the Commission considered
petitions for reconsideration of its decision, addressed comments filed
in response to the Further Notice of Proposed Rulemaking and issued a
Third Notice of Proposed Rulemaking to resolve issues raised by Private
Branch Exchange (PBX) telephone services and private payphones in
connection with CPN. The order affirms the Commission's fundamental
finding that federal policies to govern the passage of Calling Party
Number (CPN) over interstate facilities are necessary because
uncertainty created by their absence impedes the development of
potentially valuable CPN based interstate services. The order also
resolves areas of uncertainty identified on reconsideration, including
financial issues involving interstate passage of CPN and varying state
requirements concerning the privacy rights of calling and called
parties on interstate calls. It addresses comments filed in response to
the Further Notice concerning application of federal Caller ID rules to
other CPN based services and Commission prescribed educational
requirements to support consumer use of Caller ID services. Finally,
the Third Notice of Proposed Rulemaking seeks comment on a reasonable
timeframe for bringing PBX systems and private payphones into
compliance with our rules.
Final Regulatory Flexibility Analysis
Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 601,
et seq., the Commission's final analysis in this Order on
Reconsideration and Second Report and Order is as follows:
I. Need and Purpose of This Action
This Order on Reconsideration and Second Report and Order amends
the Commission's rules to require that the privacy requests of calling
parties are [[Page 29490]] honored. The rule amendments are intended to
ensure that caller ID services are available, to the extent possible
and in the most efficient manner, to persons in the United States.
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 Regulatory
Flexibility Analysis in the Report and Order and Request for Comments.
III. Significant Alternatives Considered
The Report and Order and Request for Comments in this proceeding
offered several proposals and requested comments as well as the views
of commenters on other possibilities. The Commission has considered all
comments and has adopted most of its proposals in addition to some
alternatives recommended by commenters. The Commission considers its
Order on Reconsideration and Second Report and Order that define a
federal caller ID model to be the most reasonable course of action.
Ordering Clauses
1. Accordingly, It is 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, Part 64 of the Commission's Rules and
Regulations is amended as set forth below, effective December 1, 1995.
2. The petitions for reconsideration and clarification of caller ID
rules are granted in part and denied in part.
List of Subjects in 47 CFR Part 64
Calling party telephone number and privacy, Communications common
carriers.
Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.
Rule Changes
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 follows:
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. 201-4, 218, 225,
226, 227, unless otherwise noted.
2. Section 64.1600 is revised to read as follows:
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 Signaling System 7 network.
(d) Charge number. The term ``charge number'' refers to the
delivery of the calling party's billing number in a Signaling 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 Signaling
System 7 network, that indicates whether the calling party authorizes
presentation of the calling party number to the called party.
(f) Signaling System 7. The term Signaling System 7 (SS7) refers to
a carrier to carrier out-of-band signaling network used for call
routing, billing and management.
3. Section 64.1601 is revised to read as follows:
Sec. 64.1601 Delivery requirements and privacy restrictions.
(a) Delivery. Common carriers using Signaling System 7 and offering
or subscribing to any service based on Signaling System 7 call set
functionality are required to transmit the calling party number
associated with an interstate call to interconnecting carriers.
(b) Privacy. Originating carriers suing Signaling System 7 and
offering or subscribing to any service based on Signaling System 7 call
set up functionality will 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. Such carriers
providing line blocking services will recognize *82 as a caller's
request that privacy not be provided 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. Carriers must arrange their CPN-based services in such
a manner that when a caller requests privacy, a carrier may not reveal
that caller's number or name, nor may the carrier use the number or
name to allow the called party to contact the calling party. 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. Sec. 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;
(3) Provided in connection with legally authorized call tracing or
trapping procedures specifically requested by a law enforcement agency.
4. Section 64.1602 is revised to read as follows:
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 [[Page 29491]] 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) of the section
shall not prevent a person to whom automatic number identification or
charge number services are provided from using
(1) The telephone number and billing information provided pursuant
to such service, and
(2) 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).
5. Section 64.1603 is revised to read as follows:
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 December 1,
1995, and at such times thereafter as to ensure notice to subscribers.
The notification must be effective in informing subscribers how to
maintain privacy by dialing *67 (or 1167 for rotary or pulse-dialing
phones) on interstate calls. The notice shall inform subscribers
whether dialing *82 (or 1182 for rotary or pulse-dialing phones) on
interstate calls is necessary to present calling party number to called
parties. 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.
6. Section 64.1604 is revised to read as follows:
Sec. 64.1604 Effective date
The provisions of Secs. 64.1600 and 64.1602 are effective April 12,
1995. The provisions of Secs. 64.1601 and 64.1603 are effective
December 1, 1995, except Secs. 64.1601 and 64.1603 do not apply to
public payphones and partylines until January 1, 1997.
[FR Doc. 95-13760 Filed 6-2-95; 8:45 am]
BILLING CODE 6712-01-M