[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Rules and Regulations]
[Pages 53944-53949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25648]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 96-115; FCC 99-227]


Telecommunications Carriers' Use of Customer Proprietary Network 
Information and Other Customer Information

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document establishes rules to implement section 222(e) by 
requiring all telecommunications carriers to provide subscriber list 
information gathered in their capacity as providers of telephone 
exchange service to any person upon request for the purpose of 
publishing directories in any format, including Internet directories. 
The intended effect is to further Congress's goals of preventing unfair 
local exchange carrier (LEC) practices and encouraging the development 
of competition in directory publishing.

DATES: Effective December 14, 1999. Written comments by the public on 
the information collection requirements are due November 4, 1999. OMB 
must submit written comments on the information collection requirements 
on or before December 6, 1999.

FOR FURTHER INFORMATION CONTACT: William A. Kehoe, Special Counsel, 
Common Carrier Bureau, Policy and Program Planning Division, (202) 418-
1580 or via the Internet at [email protected]. Further information may 
also be obtained by calling the Common Carrier Bureau's TTY number: 
202-418-0484. For additional information concerning the information 
collections contained in this Order contact Judy Boley at (202) 418-
0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
adopted August 23, 1999, and released September 9, 1999. The full text 
of this Third Report and Order is available for inspection and copying 
during normal business hours in the FCC Reference Center, 445 12th 
Street, SW, Room CY-A257, Washington, DC The complete text also may be 
obtained through the World Wide Web, at http://www.fcc.gov/Bureaus/
Common Carrier/Orders/fcc99227.wp, or may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., (202) 857-3800, 1231 20th St., NW, Washington, DC 20036. This 
Order contains information collections subject to the Paperwork 
Reduction Act of 1995 (PRA). It has been submitted to the Office of 
Management and Budget (OMB) for review under the PRA. The general 
public and other federal agencies are invited to comment on the 
information collections contained in this proceeding.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act, the Order contains a 
Final Regulatory Flexibility Analysis which is set forth in an Appendix 
to the Order. A brief description of the analysis follows. Pursuant to 
section 604 of the Regulatory Flexibility Act, the Commission performed 
a comprehensive analysis of the Order with regard to small entities. 
This analysis includes: (1) A succinct statement of the need for, and 
objectives of, the Commission's decisions in the Order; (2) A summary 
of the significant issues raised by the public comments in response to 
the initial regulatory flexibility analysis, a summary of the 
Commission's assessment of these issues, and a statement of any changes 
made in the Order as a result of the comments; (3) A description of and 
an estimate of the number of small entities to which the Order will 
apply; (4) A description of the projected reporting, recordkeeping and 
other compliance

[[Page 53945]]

requirements of the Order, including an estimate of the classes of 
small entities which will be subject to the requirement and the type of 
professional skills necessary for compliance with the requirement; (5) 
A description of the steps the Commission has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the Order and why each one of the other significant 
alternatives to each of the Commission's decisions which affect small 
entities was rejected.

Paperwork Reduction Act

    This Order contains new and modified information collections. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collections contained in this Order, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-12. Persons wishing to comment on 
the information collections should submit comments on or before 
November 4, 1999. Comments should address: (a) Whether the collection 
of information is necessary for the proper performance of the functions 
of the Commission, including whether the information shall have 
practical utility; (b) The accuracy of the Commission's burden 
estimates; (c) Ways to enhance the quality, utility, and clarity of the 
information collected; and (d) Ways to minimize the burden of the 
collection of information on the respondents including the use of 
automated collection techniques or other forms of information 
technology.
    OMB Approval Number: 3060-0715.
    Title: Telecommunications Carriers' Use of Customer Proprietary 
Network Information and Other Customer Information.
    Form No.: N/A.
    Type of Review: Revised collection.

----------------------------------------------------------------------------------------------------------------
                                                 No. of
           Information collection              respondents       Estimated time per response       Total annual
                                                (approx.)                                             burden
----------------------------------------------------------------------------------------------------------------
Provision of Subscriber List Information...           2,000  2 hours (10 responses per year)....          20,000
Notifications..............................           1,000  .5.................................             500
Cost Study.................................             100  100................................          10,000
Certification..............................           2,000  .5.................................           1,000
Disclosure of Contract Rates, Terms, and              2,000  .5 hours (2 responses per year)....           2,000
 Conditions.
----------------------------------------------------------------------------------------------------------------

    Total Annual Burden: 33,500 hours
    Respondents: Businesses or other for-profit.
    Estimated costs per respondent: $0.
    Needs and Uses: The Commission, in compliance with section 222(e) 
of the Communications Act, promulgates rules in this Order to further 
Congress' goals of preventing unfair LEC practices in relation to 
subscriber list information and of encouraging the development of 
competition in directory publishing. Our clarification and 
particularization of the obligations imposed on carriers by section 
222(e) is necessary to achieve Congress' goals in relation to 
subscriber list information. This approach should reduce confusion and 
potential controversy with minimal burdens on carriers and directory 
publishers, many of whom are small businesses.

Synopsis of Order

    1. In this Third Report and Order, we require all 
telecommunications carriers to provide subscriber list information 
gathered in their capacity as providers of telephone exchange service 
to any person upon request for the purpose of publishing directories in 
any format, including Internet directories. We also define subscriber 
list information as ``the listed names of subscribers of a carrier and 
such subscribers'' telephone numbers, addresses, or primary advertising 
classifications (as such classifications are assigned at the time of 
the establishment of such service) or any combination of such listed 
names, numbers, addresses, or classifications * * * that the carrier or 
an affiliate has published, caused to be published, or accepted for 
publication in any directory format.''
    2. Not only LECs, but all telecommunications carriers, including 
interexchange carriers, cable operators, and other competitive LECs, 
must provide subscriber list information gathered in their capacity as 
providers of telephone exchange service to any person upon request for 
the purpose of publishing directories. Only the carrier that provides a 
subscriber with telephone exchange service is obligated to provide a 
particular telephone subscriber's subscriber list information. A 
carrier need not provide subscriber list information to requesting 
directory publishers pursuant to section 222(e) unless the carrier 
gathered that information in its capacity as a provider of telephone 
exchange service.
    3. The definition of subscriber list information we adopt includes 
primary advertising classifications only if they are ``assigned at the 
time of the establishment'' of telephone exchange service. A primary 
advertising classification is assigned at the time of the establishment 
of telephone exchange service if the carrier that provides telephone 
exchange service assigns the classification or if a tariff or State 
requirement obligates the carrier to provide yellow pages listings as 
part of telephone exchange service to businesses.
    4. Carriers are obligated to provide updated subscriber list 
information to requesting directory publishers. For subscribers that 
have multiple telephone numbers, a carrier must provide requesting 
directory publishers with each telephone number that it has published, 
caused to be published, or accepted for publication in a directory.
    5. Each carrier that gathers subscriber list information in its 
capacity as a provider of telephone exchange service is obligated to 
provide that information to requesting directory publishers at the same 
rates, terms, and conditions that the carrier provides the information 
to its own directory publishing operation, its directory publishing 
affiliate, or other directory publishers.
    6. We also require each carrier that is subject to section 222(e) 
to make available to requesting directory publishers any written 
contracts that it has executed for the provision of subscriber list 
information for directory publishing purposes to itself, an affiliate, 
or an entity that publishes directories on the carrier's behalf. In 
addition, to the extent any of a carrier's rates, terms, and conditions 
for providing subscriber list information for those operations are not 
set forth in a written contract, the carrier must keep a written record 
of, and make available to requesting directory publishers, those rates, 
terms, and conditions. Upon request, the carrier shall also provide 
these contracts and this information to this Commission. A carrier must 
not restrict a directory publisher's choice of directory format.

[[Page 53946]]

    7. A carrier must provide subscriber list information at the time 
requested by the directory publisher, provided that the directory 
publisher has given at least thirty days advance notice and the 
carrier's internal systems permit the request to be filled within that 
time frame. We require carriers to unbundle subscriber list 
information, including updates, on any basis requested by a directory 
publisher that the carrier's internal systems can accommodate. A 
carrier, in addition, must not require directory publishers to purchase 
any product or service other than subscriber list information as a 
condition of obtaining subscriber list information. In unbundling 
subscriber list information for directory publishers, however, the 
carrier shall not disclose customer proprietary network information 
except as permitted by sections 222(c) and (d) of the Communications 
Act and our implementing rules. Upon request, a carrier that has 
received at least thirty days advance notice also must provide 
subscriber list information on any periodic basis that the carrier's 
internal systems can accommodate.
    8. If the carrier's systems cannot accommodate the delivery 
schedule, the level of unbundling, or the format requested by a 
directory publisher, the carrier must inform the directory publisher of 
that fact, tell the publisher which delivery schedules, unbundling 
levels, or formats can be accommodated, and adhere to the schedule, 
unbundling level, or format the publisher chooses from among those 
available. The carrier must provide this information within thirty days 
of when it receives the publisher's request. If this process results in 
the provision of listings in addition to those the directory publisher 
requested, the carrier may impose charges for, and the directory 
publisher may publish, only the requested listings. A carrier, in 
addition, must not require directory publishers to purchase any product 
or service other than subscriber list information as a condition of 
obtaining subscriber list information.
    9. If a carrier finds that it cannot accommodate all of a group of 
multiple or conflicting requests for subscriber list information within 
the specified time frames, the carrier shall respond to those requests 
on a nondiscriminatory basis. The carrier shall inform each affected 
directory publisher of the conflicting requests within thirty days of 
when it receives the publisher's request. Within that thirty-day 
period, the carrier also shall inform each affected directory publisher 
how it intends to resolve the conflict and the schedule on which it 
intends to provide subscriber list information to each publisher.
    10. In future disputes regarding the sufficiency of a carrier's 
internal subscriber list information systems, the burden will be on the 
carrier to show that those systems cannot accommodate the delivery 
schedule, unbundling level, and format the directory publisher 
requests.
    11. We require carriers to provide requesting directory publishers 
with notice of changes in subscriber list information to the extent 
those changes reflect customers' decisions to cease having particular 
telephone numbers listed.
    12. Based on the record before us, we conclude that $0.04 per 
listing is a presumptively reasonable rate for base file subscriber 
list information, as defined below, and that $0.06 per listing is a 
presumptively reasonable rate for other subscriber list information, 
including updates, that carriers provide directory publishers. We do 
not preclude a carrier from charging subscriber list information rates 
different from these presumptively reasonable rates. However, any 
carrier whose rates exceed either of these rates should be prepared to 
provide cost data and all other relevant information justifying the 
higher rate in the event a directory publisher files a complaint 
regarding that rate pursuant to section 208 of the Communications Act. 
Absent credible and verifiable data showing that the carrier's costs, 
including a reasonable profit, exceed the applicable presumptively 
reasonable rate, the Bureau or the Commission, depending on the 
circumstances, shall conclude that the rate is unreasonable and award 
damages accordingly.
    13. In the event a directory publisher files a complaint regarding 
a carrier's subscriber list information rates, the carrier must present 
a cost study providing credible and verifiable cost data to justify 
each challenged rate. This cost study must clearly and specifically 
identify and justify:
    a. Incremental Costs. Each specific function the carrier performs 
solely to provide subscriber list information to the complainant; and 
the incremental costs the carrier incurs in performing each of these 
specific functions.
    b. Common Costs. The cost the carrier incurs in creating and 
maintaining its subscriber list information database and the methods 
the carrier uses to allocate that cost among supported services.
    c. Overheads. Any other costs the carrier incurs to support its 
provision of subscriber list information to the complainant; the other 
activities those costs support; and the methods the carrier uses to 
allocate those costs.
    d. Other Information. The projected average number of listings the 
carrier provides to directory publishers and, if applicable, to other 
entities in a year; the rate of return on investment and depreciation 
costs the carrier uses in calculating its subscriber list information 
rates; and any other information necessary to make clear the carrier's 
costing process. The carrier should provide this information separately 
for both base file and updated subscriber list information if the 
complainant challenges both types of rates. We also expect the carrier 
to describe how its methods for allocating common costs compare to 
those the carrier uses in other contexts. In the absence of cost data 
showing that the carrier's costs exceed the presumptively reasonable 
rates, the Bureau or the Commission, depending on the circumstances, 
shall find in favor of the plaintiff, and award damages accordingly.
    14. We require that directory publishers be allowed to purchase 
updated subscriber list information rather than having to repurchase a 
carrier's entire subscriber list information database each time the 
publisher wishes to update its own database.
    15. Carriers may require directory publishers to certify that they 
will use subscriber list information obtained pursuant to section 
222(e) only for directory publishing purposes. The certification may be 
either oral or written, at the carrier's option.
    16. After consideration of possible alternatives, we conclude in 
the Third Report and Order that our clarification and particularization 
of the obligations imposed on carriers by section 222(e) is necessary 
to achieve Congress' goals in relation to subscriber list information. 
Our decision to act in this Third Report and Order, rather than 
exclusively through case-by-case adjudication, will reduce confusion 
and potential controversy with minimal burdens on carriers and 
directory publishers, many of whom are small entities.
    17. As indicated above, our actions in this Third Report and Order 
will affect both carriers and directory publishers that, for purposes 
of the FRFA, we assume are classified as small entities. The record in 
this proceeding reflects the carriers' and directory publishers' 
conflicting views as to the meaning of the statutory language and, in 
particular, as to the application of statutory terms, such as 
``timely'' and ``reasonable,'' to specific situations. The record also 
makes clear that these disputes may

[[Page 53947]]

have prevented full realization of Congress' goals of preventing unfair 
carrier practices in relation to subscriber list information and 
encouraging the development of competition in directory publishing.
    18. In resolving these disputes, we have considered significant 
alternatives, such as allowing value-based rates for subscriber list 
information carriers provide directory publishers. In choosing among 
the various alternatives, we have sought to minimize the adverse 
economic impact on carriers, including those that are small entities. 
We recognize, however, that Congress intended section 222(e) to prevent 
carriers from deriving economic benefits from refusing to provide 
subscriber list information on a timely and unbundled basis, charging 
discriminatory or unreasonable rates for that information, or imposing 
discriminatory or unreasonable terms or conditions in connection with 
the provision of that information. In implementing that section, we 
have sought to eliminate those benefits.
    19. As discussed in this Third Report and Order, we recognize that 
the ability of independent directory publishers to improve customer 
service and to develop new products is dependent on telecommunications 
carriers' understanding and complying with their obligations under 
section 222(e). Many independent directory publishers are small, 
entrepreneurial businesses. Our actions in this Third Report and Order 
will benefit these directory publishers by facilitating their directory 
publishing operations. Those actions also will eliminate barriers to 
entering the directory publishing market, and thus benefit small 
entities as they take that step. In general in this Third Report and 
Order, we have attempted to implement section 222(e) in a manner that 
keeps burdens on carriers to a minimum while ensuring that directory 
publishers, including new entrants, are able to compete based on the 
quality of their directories. We believe that this Third Report and 
Order furthers our commitment to minimizing regulatory burdens on small 
entities in accordance with statutory requirements.
    20. Accordingly, it is ordered that, pursuant to the authority 
contained in Secs. 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f)(3), 251, 
303(r), and 403 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 154(j), 201-205, 208, 222(e), 222(f)(3), 303(r), 
and 403, the Third Report and Order is adopted.
    21. It is further ordered that, pursuant to the authority contained 
in Secs. 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f)(3), 303(r), and 
403 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), 201-205, 208, 222(e), 222(f)(3), 303(r), and 403, Part 64 of 
the Commission's rules, 47 CFR Part 64, is amended, as set forth below.
    22. It is further ordered that, pursuant to the authority contained 
in Sec. Sec. 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f)(3), 303(r), 
and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 154(j), 201-205, 208, 222(e), 222(f)(3), 303(r), and 403, and 
section 1.427 of the Commission's Rules, 47 CFR 1.427, that the 
requirements and rules adopted in the Third Report and Order shall be 
effective December 14, 1999, since the rules contain information 
collection requirements that are contingent on approval by the OMB.
    23. It is further ordered that the Commission's Office of Public 
Affairs, Reference Operations Division, shall send a copy of this Third 
Report and Order, including the associated Final Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration, in accordance with paragraph 605(b) of the Regulatory 
Flexibility Act, 5 U.S.C. Secs. 601 et seq.

List of Subjects in 47 CFR Part 64

    Communications common carriers, Reporting and recordkeeping 
requirements, Telephone.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR Part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

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

    Authority: 47 U.S.C. 1-5, 7, 201-05, 222.

    2. Part 64 is amended by adding Subpart X to read as follows:

Subpart X--Subscriber List Information

64.2301  Basis and purpose.
64.2305  Definitions.
64.2309  Provision of subscriber list information.
64.2313  Timely basis.
64.2317  Unbundled basis.
64.2321  Nondiscriminatory rates, terms, and conditions.
64.2325  Reasonable rates, terms, and conditions.
64.2329  Format.
64.2333  Burden of proof.
64.2337  Directory publishing purposes.
64.2341  Record keeping.
64.2345  Primary advertising classification.

Subpart X--Subscriber List Information


Sec. 64.2301  Basis and purpose.

    (a) Basis. These rules are issued pursuant to the Communications 
Act of 1934, as amended.
    (b) Purpose. The purpose of these rules is to implement section 
222(e) of the Communications Act of 1934, as amended, 47 U.S.C. 222. 
Section 222(e) requires that ``a telecommunications carrier that 
provides telephone exchange service shall provide subscriber list 
information gathered in its capacity as a provider of such service on a 
timely and unbundled basis, under nondiscriminatory and reasonable 
rates, terms, and conditions, to any person upon request for the 
purpose of publishing directories in any format.''


Sec. 64.2305  Definitions.

    Terms used in this subpart have the following meanings:
    (a) Base file subscriber list information. A directory publisher 
requests base file subscriber list information when the publisher 
requests, as of a given date, all of a carrier's subscriber list 
information that the publisher wishes to include in one or more 
directories.
    (b) Business subscriber. Business subscriber refers to a subscriber 
to telephone exchange service for businesses.
    (c) Primary advertising classification. A primary advertising 
classification is the principal business heading under which a 
subscriber to telephone exchange service for businesses chooses to be 
listed in the yellow pages, if the carrier either assigns that heading 
or is obligated to provide yellow pages listings as part of telephone 
exchange service to businesses. In other circumstances, a primary 
advertising classification is the classification of a subscriber to 
telephone exchange service as a business subscriber.
    (d) Residential subscriber. Residential subscriber refers to a 
subscriber to telephone exchange service that is not a business 
subscriber.
    (e) Subscriber list information. Subscriber list information is any 
information:
    (1) Identifying the listed names of subscribers of a carrier and 
such subscribers' telephone numbers, addresses, or primary advertising 
classifications (as such classifications are assigned at the time of 
the establishment of such service), or any combination of such listed 
names, numbers, addresses, or classifications; and

[[Page 53948]]

    (2) That the carrier or an affiliate has published, caused to be 
published, or accepted for publication in any directory format.
    (f) Telecommunications carrier. A telecommunications carrier is any 
provider of telecommunications services, except that such term does not 
include aggregators of telecommunications services (as defined in 47 
U.S.C. 226(a)(2)).
    (g) Telephone exchange service. Telephone exchange service means:
    (1) Service within a telephone exchange, or within a connected 
system of telephone exchanges within the same exchange area operated to 
furnish to subscribers intercommunicating service of the character 
ordinarily furnished by a single exchange, and which is covered by the 
exchange service charge, or
    (B) Comparable service provided through a system of switches, 
transmission equipment, or other facilities (or combination thereof) by 
which a subscriber can originate and terminate a telecommunications 
service.
    (h) Updated subscriber list information. A directory publisher 
requests updated subscriber list information when the publisher 
requests changes to all or any part of a carrier's subscriber list 
information occurring between specified dates.


Sec. 64.2309  Provision of subscriber list information.

    (a) A telecommunications carrier that provides telephone exchange 
service shall provide subscriber list information gathered in its 
capacity as a provider of such service on a timely and unbundled basis, 
under nondiscriminatory and reasonable rates, terms, and conditions, to 
any person upon request for the purpose of publishing directories in 
any format.
    (b) The obligation under paragraph (a) to provide a particular 
telephone subscriber's subscriber list information extends only to the 
carrier that provides that subscriber with telephone exchange service.


Sec. 64.2313  Timely basis.

    (a) For purposes of Sec. 64.2309, a telecommunications carrier 
provides subscriber list information on a timely basis only if the 
carrier provides the requested information to the requesting directory 
publisher either:
    (1) At the time at which, or according to the schedule under which, 
the directory publisher requests that the subscriber list information 
be provided;
    (2) When the carrier does not receive at least thirty days advance 
notice of the time the directory publisher requests that subscriber 
list information be provided, on the first business day that is at 
least thirty days from date the carrier receives that request; or
    (3) At a time determined in accordance with paragraph (b) of this 
section.
    (b) If a carrier's internal systems do not permit the carrier to 
provide subscriber list information within either of the time frames 
specified in paragraph (a)(1) of this section, the carrier shall:
    (1) Within thirty days of receiving the publisher's request, inform 
the directory publisher that the requested schedule cannot be 
accommodated and tell the directory publisher which schedules can be 
accommodated; and
    (2) Adhere to the schedule the directory publisher chooses from 
among the available schedules.


Sec. 64.2317  Unbundled basis.

    (a) A directory publisher may request that a carrier unbundle 
subscriber list information on any basis for the purpose of publishing 
one or more directories.
    (b) For purposes of Sec. 64.2309, a telecommunications carrier 
provides subscriber list information on an unbundled basis only if the 
carrier provides:
    (1) The listings the directory publisher requests and no other 
listings, products, or services; or
    (2) Subscriber list information on a basis determined in accordance 
with paragraph (c) of this section.
    (c) If the carrier's internal systems do not permit it unbundle 
subscriber list information on the basis a directory publisher 
requests, the carrier must:
    (1) Within thirty days of receiving the publisher's request, inform 
the directory publisher that it cannot unbundle subscriber list 
information on the requested basis and tell the directory publisher the 
bases on which the carrier can unbundle subscriber list information; 
and
    (2) In accordance with paragraph (d) of this section, provide 
subscriber list information to the directory publisher unbundled on the 
basis the directory publisher chooses from among the available bases.
    (d) If a carrier provides a directory publisher listings in 
addition to those the directory publisher requests, the carrier may 
impose charges for, and the directory publisher may publish, only the 
requested listings.
    (e) A carrier must not require directory publishers to purchase any 
product or service other than subscriber list information as a 
condition of obtaining subscriber list information.


Sec. 64.2321  Nondiscriminatory rates, terms, and conditions.

    For purposes of Sec. 64.2309, a telecommunications carrier provides 
subscriber list information under nondiscriminatory rates, terms, and 
conditions only if the carrier provides subscriber list information 
gathered in its capacity as a provider of telephone exchange service to 
a requesting directory publisher at the same rates, terms, and 
conditions that the carrier provides the information to its own 
directory publishing operation, its directory publishing affiliate, or 
other directory publishers.


Sec. 64.2325  Reasonable rates, terms, and conditions.

    (a) For purposes of Sec. 64.2309, a telecommunications carrier will 
be presumed to provide subscriber list information under reasonable 
rates if its rates are no more than $0.04 a listing for base file 
subscriber list information and no more than $0.06 a listing for 
updated subscriber list information.
    (b) For purposes of Sec. 64.2309, a telecommunications carrier 
provides subscriber list information under reasonable terms and 
conditions only if the carrier does not restrict a directory 
publisher's choice of directory format.


Sec. 64.2329  Format.

    (a) A carrier shall provide subscriber list information obtained in 
its capacity as a provider of telephone exchange service to a 
requesting directory publisher in the format the publisher specifies, 
if the carrier's internal systems can accommodate that format.
    (b) If a carrier's internal systems do not permit the carrier to 
provide subscriber list information in the format the directory 
publisher specifies, the carrier shall:
    (1) Within thirty days of receiving the publisher's request, inform 
the directory publisher that the requested format cannot be 
accommodated and tell the directory publisher which formats can be 
accommodated; and
    (2) Provide the requested subscriber list information in the format 
the directory publisher chooses from among the available formats.


Sec. 64.2333  Burden of proof.

    (a) In any future proceeding arising under section 222(e) of the 
Communications Act or Sec. 64.2309, the burden of proof will be on the 
carrier to the extent it claims its internal subscriber list 
information systems cannot accommodate the delivery time, delivery 
schedule, unbundling level, or format requested by a directory 
publisher.

[[Page 53949]]

    (b) In any future proceeding arising under section 222(e) of the 
Communications Act or Sec. 64.2309, the burden of proof will be on the 
carrier to the extent it seeks a rate exceeding $0.04 per listing for 
base file subscriber list information or $0.06 per listing for updated 
subscriber list information.


Sec. 64.2337  Directory publishing purposes.

    (a) Except to the extent the carrier and directory publisher 
otherwise agree, a directory publisher shall use subscriber list 
information obtained pursuant to section 222(e) of the Communications 
Act or Sec. 64.2309 only for the purpose of publishing directories.
    (b) A directory publisher uses subscriber list information ``for 
the purpose of publishing directories'' if the publisher includes that 
information in a directory, or uses that information to determine what 
information should be included in a directory, solicit advertisers for 
a directory, or deliver directories.
    (c) A telecommunications carrier may require any person requesting 
subscriber list information pursuant to section 222(e) of the 
Communications Act or Sec. 64.2309 to certify that the publisher will 
use the information only for purposes of publishing a directory.
    (d) A carrier must provide subscriber list information to a 
requesting directory publisher even if the carrier believes that the 
directory publisher will use that information for purposes other than 
or in addition to directory publishing.


Sec. 64.2341  Record keeping.

    (a) A telecommunications carrier must retain, for at least one year 
after its expiration, each written contract that it has executed for 
the provision of subscriber list information for directory publishing 
purposes to itself, an affiliate, or an entity that publishes 
directories on the carrier's behalf.
    (b) A telecommunications carrier must maintain, for at least one 
year after the carrier provides subscriber list information for 
directory publishing purposes to itself, an affiliate, or an entity 
that publishes directories on the carrier's behalf, records of any of 
its rates, terms, and conditions for providing that subscriber list 
information which are not set forth in a written contract.
    (c) A carrier shall make the contracts and records described in 
paragraphs (a) and (b) of this section available, upon request, to the 
Commission and to any directory publisher that requests those contracts 
and records for the purpose of publishing a directory.


Sec. 64.2345  Primary advertising classification.

    A primary advertising classification is assigned at the time of the 
establishment of telephone exchange service if the carrier that 
provides telephone exchange service assigns the classification or if a 
tariff or State requirement obligates the carrier to provide yellow 
pages listings as part of telephone exchange service to businesses.

[FR Doc. 99-25648 Filed 10-4-99; 8:45 am]
BILLING CODE 6712-01-P