IP: FCC on CPNI

[Dave Farber <dave () farber net>]

One hopes the op-out is easier than it is now djf
------ Forwarded Message
From: Robert Cannon <robertcannon () EARTHLINK NET>
Reply-To: Telecom Regulation & the Internet
<CYBERTELECOM-L () LISTSERV AOL COM>
Date: Wed, 17 Jul 2002 12:03:45 -0700
To: CYBERTELECOM-L () LISTSERV AOL COM
Subject: FCC on CPNI

** www.cybertelecom.org **

FCC ADOPTS RULES RESOLVING HOW PHONE COMPANIES SHARE AND MARKET CUSTOMER
INFORMATION

 Framework Utilizes Both "Opt-in" and "Opt-out" Approaches

Washington, D.C. - The Federal Communications Commission (FCC) today adopted
rules designed to protect sensitive personal information of customers of
telecommunications carriers.  More specifically, the FCC adopted rules
focused
on the nature of the customer approval required before a telecommunications
carrier can use, disclose or permit access to customer proprietary network
information (CPNI).  CPNI includes almost all individually identifiable
information regarding customers' phone usage - including to what services
they
subscribe and to whom, when and where they call.

Today's FCC action is consistent with the decision of the United States
Court
of Appeals for the Tenth Circuit in 1999, which vacated the FCC's the opt-in
approach for a carrier to use, disclose or permit access to CPNI.  However,
the dual opt-in / opt-out approach adopted today carefully balances
consumers'
privacy interests and, as directed by the Tenth Circuit decision, carriers'
First Amendment rights that permit carriers' flexibility in their
communication with their customers.  Following is a summary of this
approach:

"       Opt-Out - Use of CPNI by carriers or disclosure to their affiliated
entities
providing communications-related services, as well as third-party agents and
joint venture partners providing communications-related services, requires a
customers' knowing consent in the form of notice and opt-out approval.
Carriers have the choice to use either opt-in or opt-out in this context.

"       Opt-In - Disclosure of CPNI to unrelated third parties or to carrier
affiliates that do not provide communications-related services requires
express customer consent, or opt-in approval.

In addition, the item adopted today:

1.      Further refines the rules governing the process by which carriers
provide
notification to customers of their CPNI rights.  Specifically, the FCC
clarified its requirements regarding the form, content and frequency of
carrier notices.

--  more  --
2.      Forbears from imposing the express consent requirements announced in
this
Order with respect to PC-freezes.

3.      Affirms its previous determination that the word "information" in
section
272 does not include CPNI, which is governed instead by section 222 of the
Act.

4.      Affirms its finding that the Tenth Circuit decision vacated only the
CPNI
rules related to opt in and left intact the reminder of the Commission's
rules.

The FCC also adopted a Further Notice of Proposed Rulemaking (FNPRM) seeking
comment on enforcement issues and issues related to customer information of
carriers that go out of business or seek bankruptcy protection.

-FCC-

Docket Nos.: CC 96-115, 96-149, and 00-257

Action by the Commission July 16, 2002, by Third Report and Order and Third
Further Notice of Proposed Rulemaking (FCC 02-214).  Chairman Powell and
Commissioners, Abernathy, and Martin issuing separate statements;
Commissioner
Copps approving in part, dissenting in part and issuing a statement.

Wireline Competition Bureau Staff Contact: Marcy Greene at 202-418-1580.


~~ Washington Internet Project ~~
~~~~~ www.cybertelecom.org ~~~~~~


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