FCC 64.1201 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 64.1201 Restrictions on billing name and address disclosure.
(a) As used in this section:
(1) The term billing name and address means the name and address provided to
a local exchange company by each of its local exchange customers to which
the local exchange company directs bills for its services.
(2) The term “telecommunications service provider” means interexchange
carriers, operator service providers, enhanced service providers, and any
other provider of interstate telecommunications services.
(3) The term authorized billing agent means a third party hired by a
telecommunications service provider to perform billing and collection
services for the telecommunications service provider.
(4) The term bulk basis means billing name and address information for all
the local exchange service subscribers of a local exchange carrier.
(5) The term LEC joint use card means a calling card bearing an account
number assigned by a local exchange carrier, used for the services of the
local exchange carrier and a designated interexchange carrier, and validated
by access to data maintained by the local exchange carrier.
(b) No local exchange carrier providing billing name and address shall
disclose billing name and address information to any party other than a
telecommunications service provider or an authorized billing and collection
agent of a telecommunications service provider.
(c)(1) No telecommunications service provider or authorized billing and
collection agent of a telecommunications service provider shall use billing
name and address information for any purpose other than the following:
(i) Billing customers for using telecommunications services of that service
provider and collecting amounts due;
(ii) Any purpose associated with the “equal access” requirement of United
States v. AT&T 552 F.Supp. 131 (D.D.C. 1982); and
(iii) Verification of service orders of new customers, identification of
customers who have moved to a new address, fraud prevention, and similar
nonmarketing purposes.
(2) In no case shall any telecommunications service provider or authorized
billing and collection agent of a telecommunications service provider
disclose the billing name and address information of any subscriber to any
third party, except that a telecommunications service provider may disclose
billing name and address information to its authorized billing and
collection agent.
(d) [Reserved]
(e)(1) All local exchange carriers providing billing name and address
information shall notify their subscribers that:
(i) The subscriber's billing name and address will be disclosed, pursuant to
Policies and Rules Concerning Local Exchange Carrier Validation and Billing
Information for Joint Use Calling Cards, CC Docket No. 91–115, FCC 93–254,
adopted May 13, 1993, whenever the subscriber uses a LEC joint use card to
pay for services obtained from the telecommunications service provider, and
(ii) The subscriber's billing name and address will be disclosed, pursuant
to Policies and Rules Concerning Local Exchange Carrier Validation and
Billing Information for Joint Use Calling Cards, CC Docket No. 91–115, FCC
93–254, adopted May 13, 1993, whenever the subscriber accepts a third party
or collect call to a telephone station provided by the LEC to the
subscriber.
(2) In addition to the notification specified in paragraph (e)(1) of this
section, all local exchange carriers providing billing name and address
information shall notify their subscribers with unlisted or nonpublished
telephone numbers that:
(i) Customers have a right to request that their BNA not be disclosed, and
that customers may prevent BNA disclosure for third party and collect calls
as well as calling card calls;
(ii) LECs will presume that unlisted and nonpublished end users consent to
disclosure and use of their BNA if customers do not affirmatively request
that their BNA not be disclosed; and
(iii) The presumption in favor of consent for disclosure will begin 30 days
after customers receive notice.
(3) No local exchange carrier shall disclose the billing name and address
information associated with any calling card call made by any subscriber who
has affirmatively withheld consent for disclosure of BNA information, or for
any third party or collect call charged to any subscriber who has
affirmatively withheld consent for disclosure of BNA information.
[ 53 FR 36145 , July 6, 1993, as amended at 58 FR 65671 , Dec. 16, 1993; 61 FR 8880 , Mar. 6, 1996]
Subpart M—Provision of Payphone Service
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