[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