[Federal Register Volume 61, Number 162 (Tuesday, August 20, 1996)]
[Proposed Rules]
[Pages 43031-43032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21095]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[CC Docket No. 96-115; FCC 96-329]


Implementation of the Telecommunications Act of 1996: 
Telecommunications Carriers' Use of Customer Proprietary Network 
Information and Other Customer Information; Use of Data Regarding Alarm 
Monitoring Service Providers

AGENCY: Federal Communications Commission.

ACTION: Termination of rulemaking.

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SUMMARY: On May 17, 1996, the Commission released a Notice of Proposed 
Rulemaking (NPRM) regarding certain customer information provisions in 
the Telecommunications Act of 1996 (1996 Act). In addition to 
addressing the customer proprietary network information (CPNI) and 
subscriber list information provisions set out in the 1996 Act, the 
NPRM also sought comment regarding how to implement the restrictions on 
use of alarm monitoring data established by new Section 275(d) of the 
Communications Act of 1934, as amended. Section 275(d) directed the 
Commission to issue any regulations necessary to enforce its provisions 
within six months after

[[Page 43032]]

enactment of the 1996 Act. Based on the record, we conclude that no 
regulations are necessary at this time to implement or enforce Section 
275(d). The intended effect of this Report and Order is to document and 
explain that conclusion.

FOR FURTHER INFORMATION CONTACT: Blaise Scinto, Attorney, Common 
Carrier Bureau, Policy and Program Planning Division, (202) 418-1380, 
or Radhika Karmarkar, Attorney, Common Carrier Bureau, Policy and 
Program Planning Division, (202) 418-1628.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order adopted August 6, 1996, and released August 7, 1996. The full 
text of this Report and Order is available for inspection and copying 
during normal business hours in the FCC Reference Center (Room 239), 
1919 M St., N.W., Washington, DC. The complete text also may be 
obtained through the World Wide Web, at http://www.fcc.gov/Bureaus/
Common Carrier/Orders/fcc96329.wp, or may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., (202) 857-3800, 2100 M St., N.W., Suite 140, Washington, DC 
20037.

Synopsis of Report and Order

    We conclude that Section 275(d) of the Communications Act of 1934, 
as amended, restricts LEC personnel from using information regarding 
``the occurrence or content of calls received by providers of alarm 
monitoring services'' for the purpose of marketing their own alarm 
monitoring service, or an alarm monitoring service offered by another 
affiliated or unaffiliated entity. Information on the occurrence of 
such calls may constitute CPNI, if it is made available to the LEC 
solely by virtue of the customer-carrier relationship. We affirm our 
tentative conclusion that, even if a carrier has received customer 
authorization to obtain access to CPNI pursuant to Section 222(c)(1) of 
the Communications Act of 1934, as amended, such authorization does not 
extend to any CPNI subject to the Section 275(d) ban, namely 
information concerning the occurrence of calls received by alarm 
monitoring service providers used for marketing purposes. We conclude 
that no regulations are necessary at this time to implement or enforce 
Section 275(d).

Regulatory Flexibility Analysis

    As required by Section 603 of the Regulatory Flexibility Act, 5 
U.S.C. 603 (RFA), an Initial Regulatory Flexibility Analysis was 
incorporated in the NPRM in this proceeding (61 FR 26483 (May 28, 
1996)). The Commission sought written public comments on the proposals 
in the NPRM, including the Initial Regulatory Flexibility Analysis. 
Because the Commission is not adopting any regulations at this time to 
enforce Section 275(d) of the 1996 Act, no further Regulatory 
Flexibility Analysis is required at this time.

Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995, Public Law 104-
13, the NPRM in this proceeding sought comment from the general public 
and the Office of Management and Budget regarding the information 
collections contained in the NPRM. Because the Commission is not 
adopting any regulations to enforce Section 275(d) of the 1996 Act, no 
further Paperwork Reduction analysis is required at this time.
    Accordingly, it is ordered that, pursuant to Sections 1, 4, and 275 
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, and 
275, the report and order is hereby adopted.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-21095 Filed 8-19-96; 8:45 am]
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