Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 96-115; FCC 99-227]

Telecommunications Carriers' Use of Customer Proprietary Network

Information and Other Customer Information

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document establishes rules to implement section 222(e) by

requiring all telecommunications carriers to provide subscriber list

information gathered in their capacity as providers of telephone

exchange service to any person upon request for the purpose of

publishing directories in any format, including Internet directories.

The intended effect is to further Congress's goals of preventing unfair

local exchange carrier (LEC) practices and encouraging the development

of competition in directory publishing.

DATES: Effective December 14, 1999. Written comments by the public on

the information collection requirements are due November 4, 1999. OMB

must submit written comments on the information collection requirements

on or before December 6, 1999.

FOR FURTHER INFORMATION CONTACT: William A. Kehoe, Special Counsel,

Common Carrier Bureau, Policy and Program Planning Division, (202) 418-

1580 or via the Internet at [email protected]. Further information may

also be obtained by calling the Common Carrier Bureau's TTY number:

202-418-0484. For additional information concerning the information

collections contained in this Order contact Judy Boley at (202) 418-

0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order

adopted August 23, 1999, and released September 9, 1999. The full text

of this Third Report and Order is available for inspection and copying

during normal business hours in the FCC Reference Center, 445 12th

Street, SW, Room CY-A257, Washington, DC The complete text also may be

obtained through the World Wide Web, at http://www.fcc.gov/Bureaus/

Common Carrier/Orders/fcc99227.wp, or may be purchased from the

Commission's copy contractor, International Transcription Service,

Inc., (202) 857-3800, 1231 20th St., NW, Washington, DC 20036. This

Order contains information collections subject to the Paperwork

Reduction Act of 1995 (PRA). It has been submitted to the Office of

Management and Budget (OMB) for review under the PRA. The general

public and other federal agencies are invited to comment on the

information collections contained in this proceeding.

Regulatory Flexibility Certification

As required by the Regulatory Flexibility Act, the Order contains a

Final Regulatory Flexibility Analysis which is set forth in an Appendix

to the Order. A brief description of the analysis follows. Pursuant to

section 604 of the Regulatory Flexibility Act, the Commission performed

a comprehensive analysis of the Order with regard to small entities.

This analysis includes: (1) A succinct statement of the need for, and

objectives of, the Commission's decisions in the Order; (2) A summary

of the significant issues raised by the public comments in response to

the initial regulatory flexibility analysis, a summary of the

Commission's assessment of these issues, and a statement of any changes

made in the Order as a result of the comments; (3) A description of and

an estimate of the number of small entities to which the Order will

apply; (4) A description of the projected reporting, recordkeeping and

other compliance

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requirements of the Order, including an estimate of the classes of

small entities which will be subject to the requirement and the type of

professional skills necessary for compliance with the requirement; (5)

A description of the steps the Commission has taken to minimize the

significant economic impact on small entities consistent with the

stated objectives of applicable statutes, including a statement of the

factual, policy, and legal reasons for selecting the alternative

adopted in the Order and why each one of the other significant

alternatives to each of the Commission's decisions which affect small

entities was rejected.

Paperwork Reduction Act

This Order contains new and modified information collections. The

Commission, as part of its continuing effort to reduce paperwork

burdens, invites the general public to comment on the information

collections contained in this Order, as required by the Paperwork

Reduction Act of 1995, Public Law 104-12. Persons wishing to comment on

the information collections should submit comments on or before

November 4, 1999. Comments should address: (a) Whether the collection

of information is necessary for the proper performance of the functions

of the Commission, including whether the information shall have

practical utility; (b) The accuracy of the Commission's burden

estimates; (c) Ways to enhance the quality, utility, and clarity of the

information collected; and (d) Ways to minimize the burden of the

collection of information on the respondents including the use of

automated collection techniques or other forms of information

technology.

OMB Approval Number: 3060-0715.

Title: Telecommunications Carriers' Use of Customer Proprietary

Network Information and Other Customer Information.

Form No.: N/A.

Type of Review: Revised collection.

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No. of

Information collection respondents Estimated time per response Total annual

(approx.) burden

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Provision of Subscriber List Information... 2,000 2 hours (10 responses per year).... 20,000

Notifications.............................. 1,000 .5................................. 500

Cost Study................................. 100 100................................ 10,000

Certification.............................. 2,000 .5................................. 1,000

Disclosure of Contract Rates, Terms, and 2,000 .5 hours (2 responses per year).... 2,000

Conditions.

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Total Annual Burden: 33,500 hours

Respondents: Businesses or other for-profit.

Estimated costs per respondent: $0.

Needs and Uses: The Commission, in compliance with section 222(e)

of the Communications Act, promulgates rules in this Order to further

Congress' goals of preventing unfair LEC practices in relation to

subscriber list information and of encouraging the development of

competition in directory publishing. Our clarification and

particularization of the obligations imposed on carriers by section

222(e) is necessary to achieve Congress' goals in relation to

subscriber list information. This approach should reduce confusion and

potential controversy with minimal burdens on carriers and directory

publishers, many of whom are small businesses.

Synopsis of Order

1. In this Third Report and Order, we require all

telecommunications carriers to provide subscriber list information

gathered in their capacity as providers of telephone exchange service

to any person upon request for the purpose of publishing directories in

any format, including Internet directories. We also define subscriber

list information as ``the listed names of subscribers of a carrier and

such subscribers'' telephone numbers, addresses, or primary advertising

classifications (as such classifications are assigned at the time of

the establishment of such service) or any combination of such listed

names, numbers, addresses, or classifications * * * that the carrier or

an affiliate has published, caused to be published, or accepted for

publication in any directory format.''

2. Not only LECs, but all telecommunications carriers, including

interexchange carriers, cable operators, and other competitive LECs,

must provide subscriber list information gathered in their capacity as

providers of telephone exchange service to any person upon request for

the purpose of publishing directories. Only the carrier that provides a

subscriber with telephone exchange service is obligated to provide a

particular telephone subscriber's subscriber list information. A

carrier need not provide subscriber list information to requesting

directory publishers pursuant to section 222(e) unless the carrier

gathered that information in its capacity as a provider of telephone

exchange service.

3. The definition of subscriber list information we adopt includes

primary advertising classifications only if they are ``assigned at the

time of the establishment'' of telephone exchange service. A primary

advertising classification is assigned at the time of the establishment

of telephone exchange service if the carrier that provides telephone

exchange service assigns the classification or if a tariff or State

requirement obligates the carrier to provide yellow pages listings as

part of telephone exchange service to businesses.

4. Carriers are obligated to provide updated subscriber list

information to requesting directory publishers. For subscribers that

have multiple telephone numbers, a carrier must provide requesting

directory publishers with each telephone number that it has published,

caused to be published, or accepted for publication in a directory.

5. Each carrier that gathers subscriber list information in its

capacity as a provider of telephone exchange service is obligated to

provide that information to requesting directory publishers at the same

rates, terms, and conditions that the carrier provides the information

to its own directory publishing operation, its directory publishing

affiliate, or other directory publishers.

6. We also require each carrier that is subject to section 222(e)

to make available to requesting directory publishers any written

contracts that it has executed for the provision of subscriber list

information for directory publishing purposes to itself, an affiliate,

or an entity that publishes directories on the carrier's behalf. In

addition, to the extent any of a carrier's rates, terms, and conditions

for providing subscriber list information for those operations are not

set forth in a written contract, the carrier must keep a written record

of, and make available to requesting directory publishers, those rates,

terms, and conditions. Upon request, the carrier shall also provide

these contracts and this information to this Commission. A carrier must

not restrict a directory publisher's choice of directory format.

[[Page 53946]]

7. A carrier must provide subscriber list information at the time

requested by the directory publisher, provided that the directory

publisher has given at least thirty days advance notice and the

carrier's internal systems permit the request to be filled within that

time frame. We require carriers to unbundle subscriber list

information, including updates, on any basis requested by a directory

publisher that the carrier's internal systems can accommodate. A

carrier, in addition, must not require directory publishers to purchase

any product or service other than subscriber list information as a

condition of obtaining subscriber list information. In unbundling

subscriber list information for directory publishers, however, the

carrier shall not disclose customer proprietary network information

except as permitted by sections 222(c) and (d) of the Communications

Act and our implementing rules. Upon request, a carrier that has

received at least thirty days advance notice also must provide

subscriber list information on any periodic basis that the carrier's

internal systems can accommodate.

8. If the carrier's systems cannot accommodate the delivery

schedule, the level of unbundling, or the format requested by a

directory publisher, the carrier must inform the directory publisher of

that fact, tell the publisher which delivery schedules, unbundling

levels, or formats can be accommodated, and adhere to the schedule,

unbundling level, or format the publisher chooses from among those

available. The carrier must provide this information within thirty days

of when it receives the publisher's request. If this process results in

the provision of listings in addition to those the directory publisher

requested, the carrier may impose charges for, and the directory

publisher may publish, only the requested listings. A carrier, in

addition, must not require directory publishers to purchase any product

or service other than subscriber list information as a condition of

obtaining subscriber list information.

9. If a carrier finds that it cannot accommodate all of a group of

multiple or conflicting requests for subscriber list information within

the specified time frames, the carrier shall respond to those requests

on a nondiscriminatory basis. The carrier shall inform each affected

directory publisher of the conflicting requests within thirty days of

when it receives the publisher's request. Within that thirty-day

period, the carrier also shall inform each affected directory publisher

how it intends to resolve the conflict and the schedule on which it

intends to provide subscriber list information to each publisher.

10. In future disputes regarding the sufficiency of a carrier's

internal subscriber list information systems, the burden will be on the

carrier to show that those systems cannot accommodate the delivery

schedule, unbundling level, and format the directory publisher

requests.

11. We require carriers to provide requesting directory publishers

with notice of changes in subscriber list information to the extent

those changes reflect customers' decisions to cease having particular

telephone numbers listed.

12. Based on the record before us, we conclude that $0.04 per

listing is a presumptively reasonable rate for base file subscriber

list information, as defined below, and that $0.06 per listing is a

presumptively reasonable rate for other subscriber list information,

including updates, that carriers provide directory publishers. We do

not preclude a carrier from charging subscriber list information rates

different from these presumptively reasonable rates. However, any

carrier whose rates exceed either of these rates should be prepared to

provide cost data and all other relevant information justifying the

higher rate in the event a directory publisher files a complaint

regarding that rate pursuant to section 208 of the Communications Act.

Absent credible and verifiable data showing that the carrier's costs,

including a reasonable profit, exceed the applicable presumptively

reasonable rate, the Bureau or the Commission, depending on the

circumstances, shall conclude that the rate is unreasonable and award

damages accordingly.

13. In the event a directory publisher files a complaint regarding

a carrier's subscriber list information rates, the carrier must present

a cost study providing credible and verifiable cost data to justify

each challenged rate. This cost study must clearly and specifically

identify and justify:

a. Incremental Costs. Each specific function the carrier performs

solely to provide subscriber list information to the complainant; and

the incremental costs the carrier incurs in performing each of these

specific functions.

b. Common Costs. The cost the carrier incurs in creating and

maintaining its subscriber list information database and the methods

the carrier uses to allocate that cost among supported services.

c. Overheads. Any other costs the carrier incurs to support its

provision of subscriber list information to the complainant; the other

activities those costs support; and the methods the carrier uses to

allocate those costs.

d. Other Information. The projected average number of listings the

carrier provides to directory publishers and, if applicable, to other

entities in a year; the rate of return on investment and depreciation

costs the carrier uses in calculating its subscriber list information

rates; and any other information necessary to make clear the carrier's

costing process. The carrier should provide this information separately

for both base file and updated subscriber list information if the

complainant challenges both types of rates. We also expect the carrier

to describe how its methods for allocating common costs compare to

those the carrier uses in other contexts. In the absence of cost data

showing that the carrier's costs exceed the presumptively reasonable

rates, the Bureau or the Commission, depending on the circumstances,

shall find in favor of the plaintiff, and award damages accordingly.

14. We require that directory publishers be allowed to purchase

updated subscriber list information rather than having to repurchase a

carrier's entire subscriber list information database each time the

publisher wishes to update its own database.

15. Carriers may require directory publishers to certify that they

will use subscriber list information obtained pursuant to section

222(e) only for directory publishing purposes. The certification may be

either oral or written, at the carrier's option.

16. After consideration of possible alternatives, we conclude in

the Third Report and Order that our clarification and particularization

of the obligations imposed on carriers by section 222(e) is necessary

to achieve Congress' goals in relation to subscriber list information.

Our decision to act in this Third Report and Order, rather than

exclusively through case-by-case adjudication, will reduce confusion

and potential controversy with minimal burdens on carriers and

directory publishers, many of whom are small entities.

17. As indicated above, our actions in this Third Report and Order

will affect both carriers and directory publishers that, for purposes

of the FRFA, we assume are classified as small entities. The record in

this proceeding reflects the carriers' and directory publishers'

conflicting views as to the meaning of the statutory language and, in

particular, as to the application of statutory terms, such as

``timely'' and ``reasonable,'' to specific situations. The record also

makes clear that these disputes may

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have prevented full realization of Congress' goals of preventing unfair

carrier practices in relation to subscriber list information and

encouraging the development of competition in directory publishing.

18. In resolving these disputes, we have considered significant

alternatives, such as allowing value-based rates for subscriber list

information carriers provide directory publishers. In choosing among

the various alternatives, we have sought to minimize the adverse

economic impact on carriers, including those that are small entities.

We recognize, however, that Congress intended section 222(e) to prevent

carriers from deriving economic benefits from refusing to provide

subscriber list information on a timely and unbundled basis, charging

discriminatory or unreasonable rates for that information, or imposing

discriminatory or unreasonable terms or conditions in connection with

the provision of that information. In implementing that section, we

have sought to eliminate those benefits.

19. As discussed in this Third Report and Order, we recognize that

the ability of independent directory publishers to improve customer

service and to develop new products is dependent on telecommunications

carriers' understanding and complying with their obligations under

section 222(e). Many independent directory publishers are small,

entrepreneurial businesses. Our actions in this Third Report and Order

will benefit these directory publishers by facilitating their directory

publishing operations. Those actions also will eliminate barriers to

entering the directory publishing market, and thus benefit small

entities as they take that step. In general in this Third Report and

Order, we have attempted to implement section 222(e) in a manner that

keeps burdens on carriers to a minimum while ensuring that directory

publishers, including new entrants, are able to compete based on the

quality of their directories. We believe that this Third Report and

Order furthers our commitment to minimizing regulatory burdens on small

entities in accordance with statutory requirements.

20. Accordingly, it is ordered that, pursuant to the authority

contained in Secs. 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f)(3), 251,

303(r), and 403 of the Communications Act of 1934, as amended, 47

U.S.C. 151, 154(i), 154(j), 201-205, 208, 222(e), 222(f)(3), 303(r),

and 403, the Third Report and Order is adopted.

21. It is further ordered that, pursuant to the authority contained

in Secs. 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f)(3), 303(r), and

403 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),

154(j), 201-205, 208, 222(e), 222(f)(3), 303(r), and 403, Part 64 of

the Commission's rules, 47 CFR Part 64, is amended, as set forth below.

22. It is further ordered that, pursuant to the authority contained

in Sec. Sec. 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f)(3), 303(r),

and 403 of the Communications Act of 1934, as amended, 47 U.S.C.

154(i), 154(j), 201-205, 208, 222(e), 222(f)(3), 303(r), and 403, and

section 1.427 of the Commission's Rules, 47 CFR 1.427, that the

requirements and rules adopted in the Third Report and Order shall be

effective December 14, 1999, since the rules contain information

collection requirements that are contingent on approval by the OMB.

23. It is further ordered that the Commission's Office of Public

Affairs, Reference Operations Division, shall send a copy of this Third

Report and Order, including the associated Final Regulatory Flexibility

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

Administration, in accordance with paragraph 605(b) of the Regulatory

Flexibility Act, 5 U.S.C. Secs. 601 et seq.

List of Subjects in 47 CFR Part 64

Communications common carriers, Reporting and recordkeeping

requirements, Telephone.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the preamble, the Federal

Communications Commission amends 47 CFR Part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

1. The authority citation for Part 64 continues to read as follows:

Authority: 47 U.S.C. 1-5, 7, 201-05, 222.

2. Part 64 is amended by adding Subpart X to read as follows:

Subpart X--Subscriber List Information

64.2301 Basis and purpose.

64.2305 Definitions.

64.2309 Provision of subscriber list information.

64.2313 Timely basis.

64.2317 Unbundled basis.

64.2321 Nondiscriminatory rates, terms, and conditions.

64.2325 Reasonable rates, terms, and conditions.

64.2329 Format.

64.2333 Burden of proof.

64.2337 Directory publishing purposes.

64.2341 Record keeping.

64.2345 Primary advertising classification.

Subpart X--Subscriber List Information

Sec. 64.2301 Basis and purpose.

(a) Basis. These rules are issued pursuant to the Communications

Act of 1934, as amended.

(b) Purpose. The purpose of these rules is to implement section

222(e) of the Communications Act of 1934, as amended, 47 U.S.C. 222.

Section 222(e) requires that ``a telecommunications carrier that

provides telephone exchange service shall provide subscriber list

information gathered in its capacity as a provider of such service on a

timely and unbundled basis, under nondiscriminatory and reasonable

rates, terms, and conditions, to any person upon request for the

purpose of publishing directories in any format.''

Sec. 64.2305 Definitions.

Terms used in this subpart have the following meanings:

(a) Base file subscriber list information. A directory publisher

requests base file subscriber list information when the publisher

requests, as of a given date, all of a carrier's subscriber list

information that the publisher wishes to include in one or more

directories.

(b) Business subscriber. Business subscriber refers to a subscriber

to telephone exchange service for businesses.

(c) Primary advertising classification. A primary advertising

classification is the principal business heading under which a

subscriber to telephone exchange service for businesses chooses to be

listed in the yellow pages, if the carrier either assigns that heading

or is obligated to provide yellow pages listings as part of telephone

exchange service to businesses. In other circumstances, a primary

advertising classification is the classification of a subscriber to

telephone exchange service as a business subscriber.

(d) Residential subscriber. Residential subscriber refers to a

subscriber to telephone exchange service that is not a business

subscriber.

(e) Subscriber list information. Subscriber list information is any

information:

(1) Identifying the listed names of subscribers of a carrier and

such subscribers' telephone numbers, addresses, or primary advertising

classifications (as such classifications are assigned at the time of

the establishment of such service), or any combination of such listed

names, numbers, addresses, or classifications; and

[[Page 53948]]

(2) That the carrier or an affiliate has published, caused to be

published, or accepted for publication in any directory format.

(f) Telecommunications carrier. A telecommunications carrier is any

provider of telecommunications services, except that such term does not

include aggregators of telecommunications services (as defined in 47

U.S.C. 226(a)(2)).

(g) Telephone exchange service. Telephone exchange service means:

(1) Service within a telephone exchange, or within a connected

system of telephone exchanges within the same exchange area operated to

furnish to subscribers intercommunicating service of the character

ordinarily furnished by a single exchange, and which is covered by the

exchange service charge, or

(B) Comparable service provided through a system of switches,

transmission equipment, or other facilities (or combination thereof) by

which a subscriber can originate and terminate a telecommunications

service.

(h) Updated subscriber list information. A directory publisher

requests updated subscriber list information when the publisher

requests changes to all or any part of a carrier's subscriber list

information occurring between specified dates.

Sec. 64.2309 Provision of subscriber list information.

(a) A telecommunications carrier that provides telephone exchange

service shall provide subscriber list information gathered in its

capacity as a provider of such service on a timely and unbundled basis,

under nondiscriminatory and reasonable rates, terms, and conditions, to

any person upon request for the purpose of publishing directories in

any format.

(b) The obligation under paragraph (a) to provide a particular

telephone subscriber's subscriber list information extends only to the

carrier that provides that subscriber with telephone exchange service.

Sec. 64.2313 Timely basis.

(a) For purposes of Sec. 64.2309, a telecommunications carrier

provides subscriber list information on a timely basis only if the

carrier provides the requested information to the requesting directory

publisher either:

(1) At the time at which, or according to the schedule under which,

the directory publisher requests that the subscriber list information

be provided;

(2) When the carrier does not receive at least thirty days advance

notice of the time the directory publisher requests that subscriber

list information be provided, on the first business day that is at

least thirty days from date the carrier receives that request; or

(3) At a time determined in accordance with paragraph (b) of this

section.

(b) If a carrier's internal systems do not permit the carrier to

provide subscriber list information within either of the time frames

specified in paragraph (a)(1) of this section, the carrier shall:

(1) Within thirty days of receiving the publisher's request, inform

the directory publisher that the requested schedule cannot be

accommodated and tell the directory publisher which schedules can be

accommodated; and

(2) Adhere to the schedule the directory publisher chooses from

among the available schedules.

Sec. 64.2317 Unbundled basis.

(a) A directory publisher may request that a carrier unbundle

subscriber list information on any basis for the purpose of publishing

one or more directories.

(b) For purposes of Sec. 64.2309, a telecommunications carrier

provides subscriber list information on an unbundled basis only if the

carrier provides:

(1) The listings the directory publisher requests and no other

listings, products, or services; or

(2) Subscriber list information on a basis determined in accordance

with paragraph (c) of this section.

(c) If the carrier's internal systems do not permit it unbundle

subscriber list information on the basis a directory publisher

requests, the carrier must:

(1) Within thirty days of receiving the publisher's request, inform

the directory publisher that it cannot unbundle subscriber list

information on the requested basis and tell the directory publisher the

bases on which the carrier can unbundle subscriber list information;

and

(2) In accordance with paragraph (d) of this section, provide

subscriber list information to the directory publisher unbundled on the

basis the directory publisher chooses from among the available bases.

(d) If a carrier provides a directory publisher listings in

addition to those the directory publisher requests, the carrier may

impose charges for, and the directory publisher may publish, only the

requested listings.

(e) A carrier must not require directory publishers to purchase any

product or service other than subscriber list information as a

condition of obtaining subscriber list information.

Sec. 64.2321 Nondiscriminatory rates, terms, and conditions.

For purposes of Sec. 64.2309, a telecommunications carrier provides

subscriber list information under nondiscriminatory rates, terms, and

conditions only if the carrier provides subscriber list information

gathered in its capacity as a provider of telephone exchange service to

a requesting directory publisher at the same rates, terms, and

conditions that the carrier provides the information to its own

directory publishing operation, its directory publishing affiliate, or

other directory publishers.

Sec. 64.2325 Reasonable rates, terms, and conditions.

(a) For purposes of Sec. 64.2309, a telecommunications carrier will

be presumed to provide subscriber list information under reasonable

rates if its rates are no more than $0.04 a listing for base file

subscriber list information and no more than $0.06 a listing for

updated subscriber list information.

(b) For purposes of Sec. 64.2309, a telecommunications carrier

provides subscriber list information under reasonable terms and

conditions only if the carrier does not restrict a directory

publisher's choice of directory format.

Sec. 64.2329 Format.

(a) A carrier shall provide subscriber list information obtained in

its capacity as a provider of telephone exchange service to a

requesting directory publisher in the format the publisher specifies,

if the carrier's internal systems can accommodate that format.

(b) If a carrier's internal systems do not permit the carrier to

provide subscriber list information in the format the directory

publisher specifies, the carrier shall:

(1) Within thirty days of receiving the publisher's request, inform

the directory publisher that the requested format cannot be

accommodated and tell the directory publisher which formats can be

accommodated; and

(2) Provide the requested subscriber list information in the format

the directory publisher chooses from among the available formats.

Sec. 64.2333 Burden of proof.

(a) In any future proceeding arising under section 222(e) of the

Communications Act or Sec. 64.2309, the burden of proof will be on the

carrier to the extent it claims its internal subscriber list

information systems cannot accommodate the delivery time, delivery

schedule, unbundling level, or format requested by a directory

publisher.

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(b) In any future proceeding arising under section 222(e) of the

Communications Act or Sec. 64.2309, the burden of proof will be on the

carrier to the extent it seeks a rate exceeding $0.04 per listing for

base file subscriber list information or $0.06 per listing for updated

subscriber list information.

Sec. 64.2337 Directory publishing purposes.

(a) Except to the extent the carrier and directory publisher

otherwise agree, a directory publisher shall use subscriber list

information obtained pursuant to section 222(e) of the Communications

Act or Sec. 64.2309 only for the purpose of publishing directories.

(b) A directory publisher uses subscriber list information ``for

the purpose of publishing directories'' if the publisher includes that

information in a directory, or uses that information to determine what

information should be included in a directory, solicit advertisers for

a directory, or deliver directories.

(c) A telecommunications carrier may require any person requesting

subscriber list information pursuant to section 222(e) of the

Communications Act or Sec. 64.2309 to certify that the publisher will

use the information only for purposes of publishing a directory.

(d) A carrier must provide subscriber list information to a

requesting directory publisher even if the carrier believes that the

directory publisher will use that information for purposes other than

or in addition to directory publishing.

Sec. 64.2341 Record keeping.

(a) A telecommunications carrier must retain, for at least one year

after its expiration, each written contract that it has executed for

the provision of subscriber list information for directory publishing

purposes to itself, an affiliate, or an entity that publishes

directories on the carrier's behalf.

(b) A telecommunications carrier must maintain, for at least one

year after the carrier provides subscriber list information for

directory publishing purposes to itself, an affiliate, or an entity

that publishes directories on the carrier's behalf, records of any of

its rates, terms, and conditions for providing that subscriber list

information which are not set forth in a written contract.

(c) A carrier shall make the contracts and records described in

paragraphs (a) and (b) of this section available, upon request, to the

Commission and to any directory publisher that requests those contracts

and records for the purpose of publishing a directory.

Sec. 64.2345 Primary advertising classification.

A primary advertising classification is assigned at the time of the

establishment of telephone exchange service if the carrier that

provides telephone exchange service assigns the classification or if a

tariff or State requirement obligates the carrier to provide yellow

pages listings as part of telephone exchange service to businesses.

[FR Doc. 99-25648 Filed 10-4-99; 8:45 am]

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