[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Pages 8879-8880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5189]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64

[CC Docket No. 91-115; FCC 96-38]


Tariffing Requirements for Billing Name and Address

AGENCY: Federal Communications Commission.

ACTION: Final Rule; petition for reconsideration.

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SUMMARY: On February 1, 1996, the Commission adopted a Third Order on 
Reconsideration in this proceeding denying two petitions for 
reconsideration filed by US West Communications, Inc. (US West). In its 
first petition, US West sought reconsideration of the Commission's 
denial of its petition for stay of the Order requiring LECs to file 
tariffs governing the provision of billing name and address (BNA) 
information. The Commission denied this petition as repetitious, 
because the Commission had addressed all of US West's arguments in a 
previous Order. In the other petition, US West sought reconsideration 
of the prohibition against using BNA information for marketing 
purposes, which the Commission adopted in 1993 to protect end user 
privacy when local exchange carriers provide BNA information under 
tariff. US West also claimed that the previous Orders in this 
proceeding did not explain whether the BNA rules applied to all BNA 
information, or only to BNA information associated with calling card, 
third party, and collect calls. The Commission denied this petition to 
the extent it sought to eliminate the prohibition against using BNA 
information for marketing purposes, and granted it to the extent it 

[[Page 8880]]
sought clarification of the application of the BNA requirements.

EFFECTIVE DATE: April 5, 1996.

FOR FURTHER INFORMATION CONTACT: Steven Spaeth, Tariff Division, Common 
Carrier Bureau, (202) 418-1530.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Order on Reconsideration adopted February 1, 1996, and released 
February 9, 1996. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Public Reference Room (Room 230), 1919 M Street NW., 
Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractor, International 
Transcription Service, Suite 140, 2100 M Street NW., Washington, DC 
20037.

Regulatory Flexibility Analysis

    The Commission has determined that Section 605(b) of the Regulatory 
Flexibility Act of 1980, 5 U.S.C. 605(b), does not apply to these rules 
because they do not have a significant economic impact on a substantial 
number of small entities. The definition of a ``small entity'' in 
Section 3 of the Small Business Act excludes any business that is 
dominant in its field of operation. Although some of the local exchange 
carriers that will be affected are very small, local exchange carriers 
do not qualify as small entities because each of them has a monopoly on 
ubiquitous access to the subscribers in their service area. The 
Commission has also found all exchange carriers to be dominant in its 
competitive carrier proceeding. See 85 FCC 2d 1, 23-24 (1980). To the 
extent that small telephone companies will be affected by these rules, 
the Commission hereby certifies that these rules will not have a 
significant effect on a substantial number of ``small entities.''

Summary of Report and Order

    In the Second Report and Order in this Docket, 58 FR 36143, July 6, 
1993, the Commission required local exchange carriers (LECs) to provide 
their customers' BNA information to interexchange carriers and other 
telecommunications service providers on a common carrier basis. Because 
widespread disclosure of BNA information could conflict with customers' 
reasonable expectations of privacy, the Commission also limited BNA 
disclosure, thus safeguarding these expectations. In particular, the 
Commission prohibited parties obtaining BNA information from using it 
for marketing purposes. In the Second Order on Reconsideration in this 
docket, 58 FR 65669, December 16, 1993, the Commission revised some of 
its privacy protections, but again expressly forbade parties from using 
BNA information for marketing purposes.
    In its petitions for reconsideration, US West argued that the 
record did not adequately demonstrate the need for any privacy 
protections, that adopting these rules violated US West's due process 
rights, that these rules were inconsistent with rules we adopted in a 
different proceeding, and that the restriction against marketing was an 
unconstitutional restriction on BNA purchasers' freedom of speech. The 
Commission found that none of these arguments warranted revision of the 
BNA privacy protections.
    US West also claimed that the previous Orders in this proceeding 
did not explain whether the rules applied to all BNA information, or 
only to BNA information associated with calling card, third party, and 
collect calls. The Commission explained which of its rules apply to all 
BNA information, and which apply only to BNA information associated 
with calling card, third party, and collect calls. The Commission also 
revised Section 64.1201(e)(3) of its rules, to make its application 
more clear.

Ordering Clauses

    Accordingly, It is ordered, Pursuant to Section 1.429(i) of the 
Commission's Rules, 47 CFR Sec. 1.429(i), that the petition for 
reconsideration of the First BNA Reconsideration Order filed by US West 
Communications, Inc. is dismissed as repetitious.
    It is further ordered, Pursuant to Section 1.429(i) of the 
Commission's Rules, 47 CFR Sec. 1.429(i), that the petition for 
reconsideration of the Second BNA Reconsideration Order filed by US 
West Communications, Inc. is granted to the extent indicated above, and 
otherwise is denied.
    It is further ordered, That the policies, rules and requirements 
set forth herein are adopted.

List of Subjects in 47 CFR Part 64

    Communications common carriers.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

    Title 47 of the CFR, Part 64, is amended as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

Rule Changes

    1. The authority citation for Part 64 continues to read as follows:

    Authority: Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154, 
unless otherwise noted.

    2. Section 64.1201(e)(3) is revised to read as follows:


Sec. 64.1201  Restrictions on billing name and address disclosure.

* * * * *
    (e) * * *
    (3) No local exchange carrier shall disclose the billing name and 
address information associated with any calling card call made by any 
subscriber who has affirmatively withheld consent for disclosure of BNA 
information, or for any third party or collect call charged to any 
subscriber who has affirmatively withheld consent for disclosure of BNA 
information.

[FR Doc. 96-5189 Filed 3-5-96; 8:45 am]
BILLING CODE 6712-01-P