Sec.  64.2007   Approval required for use of customer proprietary network
information.

   (a) A telecommunications carrier may obtain approval through written, oral
   or electronic methods.

   (1) A telecommunications carrier relying on oral approval shall bear the
   burden of demonstrating that such approval has been given in compliance with
   the Commission's rules in this part.

   (2)  Approval  or  disapproval to use, disclose, or permit access to a
   customer's CPNI obtained by a telecommunications carrier must remain in
   effect until the customer revokes or limits such approval or disapproval.

   (3) A telecommunications carrier must maintain records of approval, whether
   oral, written or electronic, for at least one year.

   (b) Use of Opt-Out and Opt-In Approval Processes. (1) A telecommunications
   carrier  may,  subject to opt-out approval or opt-in approval, use its
   customer's individually identifiable CPNI for the purpose of marketing
   communications-related services to that customer. A telecommunications
   carrier may, subject to opt-out approval or opt-in approval, disclose its
   customer's individually identifiable CPNI, for the purpose of marketing
   communications-related  services  to that customer, to its agents; its
   affiliates that provide communications-related services; and its joint
   venture partners and independent contractors. A telecommunications carrier
   may also permit such persons or entities to obtain access to such CPNI for
   such purposes. Any such disclosure to or access provided to joint venture
   partners and independent contractors shall be subject to the safeguards set
   forth in paragraph (b)(2) of this section.

   (2) Joint Venture/Contractor Safeguards. A telecommunications carrier that
   discloses  or provides access to CPNI to its joint venture partners or
   independent contractors shall enter into confidentiality agreements with
   independent contractors or joint venture partners that comply with the
   following requirements. The confidentiality agreement shall:

   (i) Require that the independent contractor or joint venture partner use the
   CPNI   only   for   the   purpose   of   marketing  or  providing  the
   communications-related services for which that CPNI has been provided;

   (ii) Disallow the independent contractor or joint venture partner from
   using, allowing access to, or disclosing the CPNI to any other party, unless
   required to make such disclosure under force of law; and

   (iii) Require that the independent contractor or joint venture partner have
   appropriate protections in place to ensure the ongoing confidentiality of
   consumers' CPNI.

   (3) Except for use and disclosure of CPNI that is permitted without customer
   approval under section  Sec. 64.2005, or that is described in paragraph (b)(1) of
   this section, or as otherwise provided in section 222 of the Communications
   Act  of  1934,  as amended, a telecommunications carrier may only use,
   disclose, or permit access to its customer's individually identifiable CPNI
   subject to opt-in approval.

   [ 67 FR 59212 , Sept. 20, 2002]

   Effective Date Note:   At  67 FR 59212 , Sept. 20, 2002,  Sec. 64.2007 was revised.
   This section contains information collection requirements and will not
   become effective until approval has been given by the Office of Management
   and Budget.