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 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]