[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Rules and Regulations]
[Pages 34015-34016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16482]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 91-281; FCC 97-103]


Caller ID

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: On March 25, 1997, the Commission released an Order that 
exempts several categories of telephone lines from the Caller 
Identification (``Caller ID'') blocking and unblocking rules. The 
Commission found that the exemptions from the blocking and unblocking 
requirements were warranted because the record stated that the calling 
party number (``CPN'') is rarely passed to interconnecting carriers 
from certain telephone lines. The Order also affirmed that the 
Commission's Caller ID rules and policies apply to party lines, hotel 
and motel lines, and call return services, such as automatic call 
return (ACR).

DATES: Effective June 24, 1997.

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

FOR FURTHER INFORMATION CONTACT: Kathy Harvey or Debra Harper at (202) 
418-2320, Common Carrier Bureau, Network Services Division.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Order, CC Docket No. 91-281, adopted March 21, 1997 and released March 
25, 1997. The full text of this decision is available for inspection 
and copying during normal business hours in the FCC Reference Center 
(Room 239), 1919 M Street, NW, Washington, DC 20554, and may be 
purchased from the Commission's copy contractor, International 
Transcription Service, (202) 857-3800, 1919 M Street, NW, Washington, 
DC 20554. The rules do not impose paperwork collection obligations.

Synopsis of the Order

    In this Order we examined the technical and economic feasibility of 
requiring carriers to provide blocking and unblocking features. In 
response to new information, we re-examined the Caller ID rules and 
policies, and modified the rules governing payphones. We also 
established new rules to govern local exchange carriers (``LECs'') 
without blocking and unblocking capabilities, and private branch 
exchange (``PBX'') and related systems. In addition, we affirmed that 
our current Caller ID rules and policies applied to party lines, hotel 
and motel lines, and call return services, such as Automatic Call 
Return (ACR).
    After further consideration, we concluded that LECs with SS7, but 
without CLASSTM software, are not required to pass the CPN. 
We also concluded that, to the extent that a LEC passes CPN to an 
interconnecting carrier, it must provide subscribers with blocking and 
unblocking capabilities. Additionally, we modified our policies on 
payphone lines and found that carriers are not required to provide 
blocking and unblocking capabilities on these lines.
    We further concluded that PBX and Centrex systems must provide some 
type of blocking and unblocking capabilities if, and only if, they pass 
CPN to the public switched network (``PSN''). We determined that 
Centrex systems that pass CPN to the PSN, and that currently employ *6 
or *8 for functions other than blocking and unblocking, may continue to 
use such codes. Providers of Centrex service, however, must still offer 
users blocking and unblocking capabilities in some manner if CPN is 
passed.
    Finally, we affirmed that hotel and motel lines not served by a 
PBX, and party lines, require blocking and unblocking capabilities and 
that carriers are prohibited from processing ACR requests when the 
original call was made with a privacy request.

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

Rules Changes

    Accordingly part 64 of title 47 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 64.1601 is amended by revising paragraphs (a), (b), (d) 
introductory text, (d)(1), (d)(2), (d)(3), and adding new paragraph 
(d)(4) to read as follows:


Sec. 64.1601  Delivery requirements and privacy restrictions.

    (a) Delivery. Except as provided in paragraph (d) of this section, 
common carriers using Signaling System 7 and offering or subscribing to 
any service based on Signaling System 7 functionality are required to 
transmit the calling party number (CPN) associated with an interstate 
call to interconnecting carriers.
    (b) Privacy. Except as provided in paragraph (d) of this section, 
originating carriers using Signaling System 7 and offering or 
subscribing to any service based on Signaling System 7 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 that the CPN 
not be passed on an interstate call. Such carriers providing line 
blocking services will recognize *82 as a caller's request that the CPN 
be passed on an interstate call. No common carrier subscribing to or 
offering any service that delivers CPN may override the privacy 
indicator associated with an interstate call. Carriers must arrange 
their CPN-based services, and billing practices, in such a manner that 
when a caller requests that the CPN not be passed, a carrier may not 
reveal that caller's number or name, nor may the carrier use the number 
or name

[[Page 34016]]

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.
* * * * *
    (d) Exemptions. Section 64.1601(a) and (b) shall not apply when:
    (1) A call originates from a payphone.
    (2) A local exchange carrier with Signaling System 7 capability 
does not have the software to provide *67 or *82 functionalities. Such 
carriers are prohibited from passing CPN.
    (3) A Private Branch Exchange or Centrex system does not pass end 
user CPN. Centrex systems that rely on *6 or *8 for a function other 
than CPN blocking or unblocking, respectively, are also exempt if they 
employ alternative means of blocking or unblocking.
    (4) CPN delivery--
    (i) Is used solely in connection with calls within the same limited 
system, including (but not limited to) a Centrex system, virtual 
private network, or Private Branch Exchange;
    (ii) Is 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; or
    (iii) Is provided in connection with legally authorized call 
tracing or trapping procedures specifically requested by a law 
enforcement agency.

[FR Doc. 97-16482 Filed 6-23-97; 8:45 am]
BILLING CODE 6401-01-P