47 C.F.R. Subpart P—Calling Party Telephone Number; Privacy
Title 47 - Telecommunication
Source: 59 FR 18319, Apr. 18, 1994, unless otherwise noted.
(a) Aggregate information. The term “aggregate information” means collective data that relate to a group or category of services or customers, from which individual customer identities or characteristics have been removed. (b) ANI. The term “ANI” (automatic number identification) refers to the delivery of the calling party's billing number by a local exchange carrier to any interconnecting carrier for billing or routing purposes, and to the subsequent delivery of such number to end users. (c) Calling party number. The term “Calling Party Number” refers to the subscriber line number or the directory number contained in the calling party number parameter of the call set-up message associated with an interstate call on a Signaling System 7 network. (d) Charge number. The term “charge number” refers to the delivery of the calling party's billing number in a Signaling System 7 environment by a local exchange carrier to any interconnecting carrier for billing or routing purposes, and to the subsequent delivery of such number to end users. (e) Privacy indicator. The term “Privacy Indicator” refers to information, contained in the calling party number parameter of the call set-up message associated with an interstate call on an Signaling System 7 network, that indicates whether the calling party authorizes presentation of the calling party number to the called party. (f) Signaling System 7. The term “Signaling System 7” (SS7) refers to a carrier to carrier out-of-band signaling network used for call routing, billing and management. [60 FR 29490, June 5, 1995] (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 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. (c) Charges. No common carrier subscribing to or offering any service that delivers calling party number may (1) Impose on the calling party charges associated with per call blocking of the calling party's telephone number, or (2) Impose charges upon connecting carriers for the delivery of the calling party number parameter or its associated privacy indicator. (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. (e) Any person or entity that engages in telemarketing, as defined in section 64.1200(f)(7) must transmit caller identification information. (1) For purposes of this paragraph, caller identification information must include either CPN or ANI, and, when available by the telemarketer's carrier, the name of the telemarketer. It shall not be a violation of this paragraph to substitute (for the name and phone number used in, or billed for, making the call) the name of the seller on behalf of which the telemarketing call is placed and the seller's customer service telephone number. The telephone number so provided must permit any individual to make a do-not-call request during regular business hours. (2) Any person or entity that engages in telemarketing is prohibited from blocking the transmission of caller identification information. (3) Tax-exempt nonprofit organizations are not required to comply with this paragraph. [60 FR 29490, June 5, 1995; 60 FR 54449, Oct. 24, 1995, as amended at 62 FR 34015, June 24, 1997; 68 FR 44179, July 25, 2003] (a) Any common carrier providing Automatic Number Identification or charge number services on interstate calls to any person shall provide such services under a contract or tariff containing telephone subscriber information requirements that comply with this subpart. Such requirements shall: (1) Permit such person to use the telephone number and billing information for billing and collection, routing, screening, and completion of the originating telephone subscriber's call or transaction, or for services directly related to the originating telephone subscriber's call or transaction; (2) Prohibit such person from reusing or selling the telephone number or billing information without first (i) Notifying the originating telephone subscriber and, (ii) Obtaining the affirmative consent of such subscriber for such reuse or sale; and, (3) Prohibit such person from disclosing, except as permitted by paragraphs (a) (1) and (2) of this section, any information derived from the automatic number identification or charge number service for any purpose other than (i) Performing the services or transactions that are the subject of the originating telephone subscriber's call, (ii) Ensuring network performance security, and the effectiveness of call delivery, (iii) Compiling, using, and disclosing aggregate information, and (iv) Complying with applicable law or legal process. (b) The requirements imposed under paragraph (a) of the section shall not prevent a person to whom automatic number identification or charge number services are provided from using (1) The telephone number and billing information provided pursuant to such service, and (2) Any information derived from the automatic number identification or charge number service, or from the analysis of the characteristics of a telecommunications transmission, to offer a product or service that is directly related to the products or services previously acquired by that customer from such person. Use of such information is subject to the requirements of 47 CFR 64.1200 and 64.1504(c). [60 FR 29490, June 5, 1995] Any common carrier participating in the offering of services providing calling party number, ANI, or charge number on interstate calls must notify its subscribers, individually or in conjunction with other carriers, that their telephone numbers may be identified to a called party. Such notification must be made not later than December 1, 1995, and at such times thereafter as to ensure notice to subscribers. The notification must be effective in informing subscribers how to maintain privacy by dialing *67 (or 1167 for rotary or pulse-dialing phones) on interstate calls. The notice shall inform subscribers whether dialing *82 (or 1182 for rotary or pulse-dialing phones) on interstate calls is necessary to present calling party number to called parties. For ANI or charge number services for which such privacy is not provided, the notification shall inform subscribers of the restrictions on the reuse or sale of subscriber information. [60 FR 29491, June 5, 1995; 60 FR 54449, Oct. 24, 1995] The provisions of §§64.1600 and 64.1602 are effective April 12, 1995. The provisions of §§64.1601 and 64.1603 are effective December 1, 1995, except §§64.1601 and 64.1603 do not apply to public payphones and partylines until January 1, 1997. [60 FR 29491, June 5, 1995; 60 FR 54449, Oct. 24, 1995]
Title 47: Telecommunication
PART 64—MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
Subpart P—Calling Party Telephone Number; Privacy
§ 64.1600 Definitions.
§ 64.1601 Delivery requirements and privacy restrictions.
§ 64.1602 Restrictions on use and sale of telephone subscriber information provided pursuant to automatic number identification or charge number services.
§ 64.1603 Customer notification.
§ 64.1604 Effective date.
