[Federal Register Volume 71, Number 229 (Wednesday, November 29, 2006)]
[Proposed Rules]
[Pages 69094-69096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20162]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 91-281; DA 06-2283]


Rules and Regulations Regarding the Transmission of Calling Party 
Number

AGENCY: Federal Communications Commission.

ACTION: Proposed waiver; comments requested.

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SUMMARY: On October 25, 2006, the National Aeronautics and Space 
Administration (NASA), John F. Kennedy Space Center (KSC) filed a 
petition for a limited waiver of the Commission's rules, which 
prohibits terminating carriers from passing calling party number (CPN) 
to the called party where a privacy indicator has been triggered. KSC 
requests that the Commission allow it to receive CPN, even when a 
privacy indicator has been triggered. In this document, the Commission 
seeks comment on the NASA/KSC petition for limited waiver of the 
Commission's Calling Party Number rules.

DATES: Comments are due on or before December 14, 2006, and reply 
comments are due on or before December 26, 2006.

ADDRESSES: You may submit comments, identified by CC Docket No. 91-281, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

[[Page 69095]]

     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Mail: Parties who choose to file by paper should also 
submit their comment on diskette. These diskettes should be submitted, 
along with three paper copies to Lynne Montgomery, Consumer Policy 
Division, Consumer & Governmental Affairs Bureau, 445 12th Street, SW., 
Room 5-A746, Washington, DC 20554. Such a submission should be on a 
3.5-inch diskette formatted in an IBM compatible format using Word 97 
or compatible software. The diskette should be accompanied by a cover 
letter and should be submitted in ``read only'' mode. The diskette 
should be clearly labeled with the commenter's name, proceeding 
(including the lead docket number in this case CC Docket No. 91-281), 
type of pleading (comment or reply comment), date of submission, and 
the name of the electronic file on the diskette. The label should also 
include the following phrase: ``Disk Copy--Not an Original.'' Each 
diskette should contain only one party's pleadings, preferably in a 
single electronic file. In addition, commenters must send diskette 
copies to the Commission's contractor at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lynne Montgomery, Consumer Policy 
Division, Consumer & Governmental Affairs Bureau, (202) 418-2229 
(voice), [email protected] (e-mail).

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, DA 06-2283, released November 7, 2006. The full text of 
document DA 06-2283, KSC's submission, and copies of any subsequently 
filed documents in this matter will be available for public inspection 
and copying during regular business hours at the FCC Reference 
Information Center, Portals II, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. Document DA 06-2283, KSC's submission, and copies 
of subsequently filed documents in this matter may also be purchased 
from the Commission's contractor, Best Copy and Printing, at Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. Customers 
may contact the Commission's contractor at their Web site 
www.bcpiweb.com or call 1-800-378-3160. A copy of KSC's submission may 
also be found by searching ECFS at http://www.fcc.gov/cgb/ecfs (insert 
CC Docket No. 91-281 into the proceeding block).
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). Document DA 
06-2283 can also be downloaded in Word or Portable Document Format 
(PDF) at http://www.fcc.gov/cgb/policy. Pursuant to Sec. Sec.  1.415 
and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested 
parties may file comments and reply comments on or before the dates 
indicated on the first page of this document. Comments may be filed 
using: (1) the Commission's Electronic Comment Filing System (ECFS), 
(2) the Federal Government's eRulemaking Portal, or (3) by filing paper 
copies. See Electronic Filing of Documents in Rulemaking Proceedings, 
63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although the Commission continues to experience 
delays in receiving U.S. Postal Service mail). All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.

Synopsis

    On October 25, 2006, KSC filed a petition for a limited waiver of 
Sec.  64.1601(b) of the Commission's rules, which prohibits terminating 
carriers from passing calling party number (CPN) to the called party 
when a privacy indicator has been triggered. Specifically, KSC asks the 
Commission to allow its Central Office Switch facility to obtain and 
store CPN information so that its security personnel can identify and 
capture the perpetrators of threatening calls. Section 64.1601(b) of 
the Commission's rules states in pertinent part that ``[n]o common 
carrier subscribing to or offering any service that delivers CPN may 
override the privacy indicator associated with an interstate call * * 
*. [W]hen 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 to allow the called party to contact the calling 
party.''
    According to KSC, the facility provides its own security, fire and 
rescue, telecommunications, and other utility services 24 hours per 
day. Over the course of a year, KSC reports receiving between 12 and 20 
threatening or harassing phone calls that are considered serious in 
nature. KSC states that the telecommunications carriers serving KSC are 
bound by CPN privacy rules, and parties placing threatening calls often 
use CPN restriction to

[[Page 69096]]

prevent authorities from identifying their location. Without access to 
CPN, KSC's security personnel have to request a trace of these phone 
calls which can take up to a week to process. KSC requests a waiver of 
section 64.1601(b) so that all CPN information can be passed, to KSC's 
secure log, without regard to the calling party's privacy indicator, to 
facilitate KSC's investigation of telephone threats it deems credible. 
KSC proposes to limit the scope of its waiver by recording the CPN of 
incoming restricted calls but not passing CPN on to the party called, 
using passwords and non-disclosure agreements to protect CPN data, and 
destroying CPN information after a reasonable retention period. KSC 
argues that its situation presents special circumstances that warrant a 
limited waiver and states that it provides both the security services 
and end office telecommunications to all locations within its 
boundaries. Finally, KSC contends that the waiver would be applicable 
only to a narrow and well-defined public institution making it 
predictable, workable and unbiased in application. Accordingly, the 
Commission seeks comment on KSC's petition.

Federal Communications Commission.
Jay Keithley,
Deputy Bureau Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. E6-20162 Filed 11-28-06; 8:45 am]
BILLING CODE 6712-01-P