Tuesday, May 16, 2006
Section 222 of the Federal Communications act of 1934
SEC. 222. [47 U.S.C. 222] PRIVACY OF CUSTOMER INFORMATION.
(a) IN GENERAL.--Every telecommunications carrier has a duty to protect
the confidentiality of proprietary information of, and relating to, other
telecommunication carriers, equipment manufacturers, and customers, including
telecommunication carriers reselling telecommunications services provided by a
telecommunications carrier.
(b) CONFIDENTIALITY OF CARRIER INFORMATION.--A telecommunications
carrier that receives or obtains proprietary information from another carrier for
purposes of providing any telecommunications service shall use such information
only for such purpose, and shall not use such information for its own marketing
efforts.
(c) CONFIDENTIALITY OF CUSTOMER PROPRIETARY NETWORK
INFORMATION.--
(1) PRIVACY REQUIREMENTS FOR TELECOMMUNICATIONS
CARRIERS.--Except as required by law or with the approval of the
customer, a telecommunications carrier that receives or obtains customer
proprietary network information by virtue of its provision of a
telecommunications service shall only use, disclose, or permit access to
individually identifiable customer proprietary network information in its
provision of (A) the telecommunications service from which such
information is derived, or (B) services necessary to, or used in, the
provision of such telecommunications service, including the publishing of
directories.
(2) DISCLOSURE ON REQUEST BY CUSTOMERS.--A
telecommunications carrier shall disclose customer proprietary network
information, upon affirmative written request by the customer, to any
person designated by the customer.
(3) AGGREGATE CUSTOMER INFORMATION.--A telecommunications
carrier that receives or obtains customer proprietary network information
by virtue of its provision of a telecommunications service may use,
disclose, or permit access to aggregate customer information other than for
the purposes described in paragraph (1). A local exchange carrier may use,
Communications Act of 1934
53
disclose, or permit access to aggregate customer information other than for
purposes described in paragraph (1) only if it provides such aggregate
information to other carriers or persons on reasonable and
nondiscriminatory terms and conditions upon reasonable request therefor.
(d) EXCEPTIONS.--Nothing in this section prohibits a telecommunications
carrier from using, disclosing, or permitting access to customer proprietary
network information obtained from its customers, either directly or indirectly
through its agents--
(1) to initiate, render, bill, and collect for telecommunications
services;
(2) to protect the rights or property of the carrier, or to protect
users of those services and other carriers from fraudulent, abusive, or
unlawful use of, or subscription to, such services; or
(3) to provide any inbound telemarketing, referral, or administrative
services to the customer for the duration of the call, if such call was
initiated by the customer and the customer approves of the use of such
information to provide such service.
(e) SUBSCRIBER LIST INFORMATION.--Notwithstanding subsections (b), (c),
and (d), 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.
(f) DEFINITIONS.--As used in this section:
(1) CUSTOMER PROPRIETARY NETWORK INFORMATION.--The term
''customer proprietary network information'' means--
(A) information that relates to the quantity, technical
configuration, type, destination, and amount of use of a
telecommunications service subscribed to by any customer of a
telecommunications carrier, and that is made available to the carrier
by the customer solely by virtue of the carrier-customer
relationship; and
(B) information contained in the bills pertaining to telephone
exchange service or telephone toll service received by a customer of
a carrier;
except that such term does not include subscriber list information.
(2) AGGREGATE INFORMATION.--The term ''aggregate customer
information'' means collective data that relates to a group or category of
services or customers, from which individual customer identities and
characteristics have been removed.
(3) SUBSCRIBER LIST INFORMATION.--The term ''subscriber list
information'' means any information--
Communications Act of 1934
54
(A) 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
(B) that the carrier or an affiliate has published, caused to be
published, or accepted for publication in any directory format.
SEC. 222. [47 U.S.C. 222] PRIVACY OF CUSTOMER INFORMATION.
(a) IN GENERAL.--Every telecommunications carrier has a duty to protect
the confidentiality of proprietary information of, and relating to, other
telecommunication carriers, equipment manufacturers, and customers, including
telecommunication carriers reselling telecommunications services provided by a
telecommunications carrier.
(b) CONFIDENTIALITY OF CARRIER INFORMATION.--A telecommunications
carrier that receives or obtains proprietary information from another carrier for
purposes of providing any telecommunications service shall use such information
only for such purpose, and shall not use such information for its own marketing
efforts.
(c) CONFIDENTIALITY OF CUSTOMER PROPRIETARY NETWORK
INFORMATION.--
(1) PRIVACY REQUIREMENTS FOR TELECOMMUNICATIONS
CARRIERS.--Except as required by law or with the approval of the
customer, a telecommunications carrier that receives or obtains customer
proprietary network information by virtue of its provision of a
telecommunications service shall only use, disclose, or permit access to
individually identifiable customer proprietary network information in its
provision of (A) the telecommunications service from which such
information is derived, or (B) services necessary to, or used in, the
provision of such telecommunications service, including the publishing of
directories.
(2) DISCLOSURE ON REQUEST BY CUSTOMERS.--A
telecommunications carrier shall disclose customer proprietary network
information, upon affirmative written request by the customer, to any
person designated by the customer.
(3) AGGREGATE CUSTOMER INFORMATION.--A telecommunications
carrier that receives or obtains customer proprietary network information
by virtue of its provision of a telecommunications service may use,
disclose, or permit access to aggregate customer information other than for
the purposes described in paragraph (1). A local exchange carrier may use,
Communications Act of 1934
53
disclose, or permit access to aggregate customer information other than for
purposes described in paragraph (1) only if it provides such aggregate
information to other carriers or persons on reasonable and
nondiscriminatory terms and conditions upon reasonable request therefor.
(d) EXCEPTIONS.--Nothing in this section prohibits a telecommunications
carrier from using, disclosing, or permitting access to customer proprietary
network information obtained from its customers, either directly or indirectly
through its agents--
(1) to initiate, render, bill, and collect for telecommunications
services;
(2) to protect the rights or property of the carrier, or to protect
users of those services and other carriers from fraudulent, abusive, or
unlawful use of, or subscription to, such services; or
(3) to provide any inbound telemarketing, referral, or administrative
services to the customer for the duration of the call, if such call was
initiated by the customer and the customer approves of the use of such
information to provide such service.
(e) SUBSCRIBER LIST INFORMATION.--Notwithstanding subsections (b), (c),
and (d), 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.
(f) DEFINITIONS.--As used in this section:
(1) CUSTOMER PROPRIETARY NETWORK INFORMATION.--The term
''customer proprietary network information'' means--
(A) information that relates to the quantity, technical
configuration, type, destination, and amount of use of a
telecommunications service subscribed to by any customer of a
telecommunications carrier, and that is made available to the carrier
by the customer solely by virtue of the carrier-customer
relationship; and
(B) information contained in the bills pertaining to telephone
exchange service or telephone toll service received by a customer of
a carrier;
except that such term does not include subscriber list information.
(2) AGGREGATE INFORMATION.--The term ''aggregate customer
information'' means collective data that relates to a group or category of
services or customers, from which individual customer identities and
characteristics have been removed.
(3) SUBSCRIBER LIST INFORMATION.--The term ''subscriber list
information'' means any information--
Communications Act of 1934
54
(A) 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
(B) that the carrier or an affiliate has published, caused to be
published, or accepted for publication in any directory format.
