Calling Number Identification ServiceCaller ID

FEDERAL COMMUNICATION COMMISSIONS

47 CFR PART 64

[CC Docket No. 91-281; FCC 94-59]

Calling Number Identification Service--Caller ID

AGENCY: Federal Communications Commission.

ACTION: Proposed rules.

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SUMMARY: In a Report and Order and Further Notice of Proposed

Rulemaking adopted March 8, 1994, the Commission required that carriers

participating in the offering of calling party number based services

must inform telephone customers regarding the availability of

identification services and how to invoke the privacy protection

mechanism. For ANI or charge number services for which such privacy is

not provided, the rules require that the notification inform telephone

customers of the restrictions on the reuse or sale of subscriber

information.

In the Further Notice of Proposed Rulemaking adopted March 8, 1994,

the Commission seeks comments on whether the Commission should

prescribe more detailed instructions regarding subscriber education

requirements, and on whether the policies for calling party number

delivery adopted in the Report and Order should extend to other

services.

DATES: Comments are due May 18, 1994, and reply comments due June 21,

1994.

ADDRESSES: Federal Communications, Commission, 1919 M Street, NW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Suzanne Hutchings, Domestic Services Branch, Domestic Facilities

Division, Common Carrier Bureau, (202) 634-1802, or Olga Madruga-Forti,

Domestic Services Branch, Domestic Facilities Division, Common Carrier

Bureau, (202) 634-1816.

SUPPLEMENTARY INFORMATION: This summarizes the Commission's Further

Notice of Proposed Rulemaking in the matter of Rules and Policies

Regarding Calling Number Identification Service. The item was adopted

by the Commission on March 8, 1994, and released March 29, 1994, and

bears the title of ``Rules and Policies Regarding Calling Number

Identification Services--Caller ID'', Report and Order (R&O) and

Further Notice of Proposed Rulemaking (Further NPRM) (CC Docket 91-281,

FCC 94-59). The R&O is summarized elsewhere in this issue.

The Further NPRM and supporting file are available for inspection

and copying during the weekday hours of 9 a.m. to 4:30 p.m. in the FCC

Reference Center, room 239, 1919 M St., NW., Washington, DC, or copies

may be purchased from the Commission's duplicating contractor, ITS,

2100 M St., NW., Suite 140, Washington, DC 20037, phone (202) 857-3800.

The Further NPRM will be published in the FCC Record.

Analysis of Proceeding

This summarizes the Commission's Further NPRM in the matter of

Rules and Policies Regarding Calling Number Identification Services--

Caller ID, Report and Order and Further Notice of Proposed Rulemaking

(CC Docket 91-281, FCC 94-59, adopted March 8, 1994, and released March

29, 1994). In the Notice of Proposed Rulemaking, adopted October 23,

1991, (56 FR 53700, November 8, 1991), the Commission proposed to

establish federal policies and rules concerning interstate calling

number identification service (caller ID). On March 8, 1994, the

Commission adopted a Report and Order which found that a federal model

for interstate delivery of calling party number is in the public

interest, that calling party privacy must be protected, and that

certain state regulation of interstate calling party number (CPN) based

services, including interstate caller ID, must be preempted.

Specially, the Commission's rules require that common carriers

using Common Channel Signalling System 7 (SS7) and subscribing to or

offering any service based on SS7 functionality must transmit the

calling party number parameter and its associated privacy indicator on

an interstate call to connecting carriers. The rules also require that

carriers offering CPN delivery services provide, at no charge to the

caller, an automatic per call blocking mechanism for interstate

callers. The rules require that terminating carriers providing calling

party based services, including caller ID, honor the privacy indicator.

The Commission found that the costs of interstate transmission of CPN

are de minimis, and that the CPN should be transmitted among carriers

without additional charge. The rules adopted in the R&O require that

carriers participating in the offering of any service that delivers CPN

on interstate calls inform telephone subscribes that the subscriber's

number may be revealed to called parties and describe what steps

subscribers can take to avoid revealing their numbers. Further, the

Commission adopts rules restricting the reuse or sale of information

generated by automatic number identification (ANI) or charge number

services, absent affirmative subscriber consent.

In the Further Notice of Proposed Rulemaking (Further NPRM) adopted

March 8, 1994, the Commission seeks comment on whether it should

prescribe detailed instructions regarding what form education should

take or prescribe more precisely responsibilities of various carriers.

The Commission stated a particular interest in specific joint industry

education proposals.

In the Further NPRM, the Commission tentatively concludes that its

policies for calling party number delivery should apply equally to

services delivering calling party name, and seeks comment on this

tentative conclusion. It also seeks comment on whether the policies

adopted in the Report and Order should be extended to other services

that might identify the calling party.

Further Notice of Proposed Rulemaking

This is a nonrestricted notice and comment rulemaking proceeding.

Ex Parte presentations are permitted, except during the Sunshine Agenda

period, provided they are disclosed as provided in Commission rules.

See generally 37 CFR 1.1202, 1.1203 and 1.1206(a).

We certify that the Regulatory Flexibility Act of 1980 does not

apply to this rulemaking proceeding because if the proposed rule

amendment is promulgated, there will not be a significant economic

impact on a substantial number of small business entities, as defined

in section 601(3) of the Regulatory Flexibility Act. The Secretary

shall send a copy of this Report and Order and Further Notice of

Proposed Rulemaking, including the Initial Regulatory Flexibility

Analysis, to the Chief Counsel for Advocacy of the Small Business

Administration in accordance with paragraph 603(A) Regulatory

Flexibility Act. Public Law 96-354, 94 Stat. 1164, 5 U.S.C. section 601

et seq. (1981).

Pursuant to applicable procedures set forth in Sec. Sec. 1.415 and

1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested

parties may file comments on or before May 18, 1994, and reply comments

on or before June 21, 1994. To file formally in this proceeding,

interested parties must file an original and four copies of all

comments, reply comments, and supporting documents with the reference

number ``CC Docket 91-281'' on each document. If interested parties

want each Commissioner to receive a personal copy of comments,

interested parties must file an original plus nine copies. Interested

parties should send comments and reply comments to the Office of the

Secretary, Federal Communications Commission, Washington, DC 20554.

Comments and reply comments will be available for public inspection

during regular business hours in the FCC Reference Center, room 239,

Federal Communications Commission, 1919 M Street, NW., Washington, DC.

Copies of comments and reply comments are available through the

Commission's duplicating contractor: International Transcription

Service, Inc. (ITS, Inc), 2100 M Street, NW., suite 140, Washington, DC

20037, (202) 857-3800.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 94-9359 Filed 4-15-94; 8:45 am]

BILLING CODE 6712-01-M