FCC 64.2009 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 64.2009 Safeguards required for use of customer proprietary network
information.
(a) Telecommunications carriers must implement a system by which the status
of a customer's CPNI approval can be clearly established prior to the use of
CPNI.
(b) Telecommunications carriers must train their personnel as to when they
are and are not authorized to use CPNI, and carriers must have an express
disciplinary process in place.
(c) All carriers shall maintain a record, electronically or in some other
manner, of their own and their affiliates' sales and marketing campaigns
that use their customers' CPNI. All carriers shall maintain a record of all
instances where CPNI was disclosed or provided to third parties, or where
third parties were allowed access to CPNI. The record must include a
description of each campaign, the specific CPNI that was used in the
campaign, and what products and services were offered as a part of the
campaign. Carriers shall retain the record for a minimum of one year.
(d) Telecommunications carriers must establish a supervisory review process
regarding carrier compliance with the rules in this subpart for outbound
marketing situations and maintain records of carrier compliance for a
minimum period of one year. Specifically, sales personnel must obtain
supervisory approval of any proposed outbound marketing request for customer
approval.
(e) A telecommunications carrier must have an officer, as an agent of the
carrier, sign a compliance certificate on an annual basis stating that the
officer has personal knowledge that the company has established operating
procedures that are adequate to ensure compliance with the rules in this
subpart. The carrier must provide a statement accompanying the certificate
explaining how its operating procedures ensure that it is or is not in
compliance with the rules in this subpart.
(f) Carriers must provide written notice within five business days to the
Commission of any instance where the opt-out mechanisms do not work
properly, to such a degree that consumers' inability to opt-out is more than
an anomaly.
(1) The notice shall be in the form of a letter, and shall include the
carrier's name, a description of the opt-out mechanism(s) used, the
problem(s) experienced, the remedy proposed and when it will be/was
implemented, whether the relevant state commission(s) has been notified and
whether it has taken any action, a copy of the notice provided to customers,
and contact information.
(2) Such notice must be submitted even if the carrier offers other methods
by which consumers may opt-out.
[ 63 FR 20338 , Apr. 24, 1998, as amended at 64 FR 53264 , Oct. 1, 1999; 67 FR 59213 , Sept. 20, 2002]
Effective Date Note: At 67 FR 59213 , Sept. 20, 2002, Sec. 64.2009 was amended
by revising paragraphs (c) and (d) and by adding paragraph (f). These
paragraphs contain information collection requirements and will not become
effective until approval has been given by the Office of Management and
Budget.
Subpart V [Reserved]
Subpart W [Reserved]
Subpart X—Subscriber List Information
Source: 64 FR 53947 , Oct. 5, 2000, unless otherwise noted.
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