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   Home Page > Executive Branch > Code of Federal Regulations > Electronic Code
   of Federal Regulations

                                 blue pill
                e-CFR Data is current as of October 1, 2007

   Title 47: Telecommunication

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PART 42—PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS
   ___________________________________

   Section Contents
   Applicability
   § 42.01   Applicability.
   General Instructions
   § 42.1   Scope of the regulations in this part.
   § 42.2   Designation of a supervisory official.
   § 42.3   Protection and storage of records.
   § 42.4   Index of records.
   § 42.5   Preparation and preservation of reproductions of original records.
   § 42.6   Retention of telephone toll records.
   § 42.7   Retention of other records.
   Specific Instructions for Carriers Offering Interexchange Services
   § 42.10   Public  availability of information concerning interexchange
   services.
   § 42.11   Retention of information concerning detariffed interexchange
   services.
   ___________________________________

   Authority:    Sec.  4(i), 48 Stat. 1066, as amended, 47 U.S.C. 154(i).
   Interprets or applies secs. 219 and 220, 48 Stat. 1077–78, 47 U.S.C. 219,
   220.

   Source:    51 FR 32653 , Sept. 15, 1986, unless otherwise noted.

Applicability

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§ 42.01   Applicability.

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   This part prescribes the regulations governing the preservation of records
   of communication common carriers that are fully subject to the jurisdiction
   of the Commission.

General Instructions

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§ 42.1   Scope of the regulations in this part.

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   (a) The regulations in this part apply to all accounts, records, memoranda,
   documents,  papers, and correspondence prepared by or on behalf of the
   carrier as well as those which come into its possession in connection with
   the acquisition of property, such as by purchase, consolidation, merger,
   etc.

   (b) The regulations in this part shall not be construed as requiring the
   preparation of accounts, records, or memoranda not required to be prepared
   by other regulations, such as the Uniform System of Accounts, except as
   provided hereinafter.

   (c)  The  regulations  in this part shall not be construed as excusing
   compliance  with  any other lawful requirement for the preservation of
   records.

§ 42.2   Designation of a supervisory official.

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   Each carrier subject to the regulations in this part shall designate one or
   more officials to supervise the preservation of its records.

§ 42.3   Protection and storage of records.

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   The carrier shall protect records subject to the regulations in this part
   from damage from fires, and other hazards and, in the selection of storage
   spaces, safeguard the records from unnecessary exposure to deterioration.

§ 42.4   Index of records.

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   Each carrier shall maintain at its operating company headquarters a master
   index of records. The master index shall identify the records retained, the
   related  retention  period,  and  the  locations where the records are
   maintained. The master index shall be subject to review by Commission staff
   and the Commission shall reserve the right to add records, or lengthen
   retention periods upon finding that retention periods may be insufficient
   for its regulatory purposes. When any records are lost or destroyed before
   expiration  of  the  retention period set forth in the master index, a
   certified  statement  shall  be  added to the master index, as soon as
   practicable, listing, as far as may be determined, the records lost or
   destroyed  and  describing  the circumstances of the premature loss or
   destruction. At each office of the carrier where records are kept or stored,
   the carrier shall arrange, file, and currently index the records on site so
   that they may be readily identified and made available to representatives of
   the Commission.

§ 42.5   Preparation and preservation of reproductions of original records.

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   (a)  Each carrier may use a retention medium of its choice to preserve
   records  in  lieu  of original records, provided that they observe the
   requirements of paragraphs (b) and (c) of this section.

   (b)  A  paper  or  microfilm record need not be created to satisfy the
   requirements  of  this  part  if  the  record is initially prepared in
   machine-readable medium such as punched cards, magnetic tapes, and disks.
   Each record kept in a machine-readable medium shall be accompanied by a
   statement clearly indicating the type of data included in the record and
   certifying  that  the  information contained in it has been accurately
   duplicated. This statement shall be executed by a person duplicating the
   records. The records shall be indexed and retained in such a manner that
   they  are easily accessible, and the carrier shall have the facilities
   available to locate, identify and reproduce the records in readable form
   without loss of clarity.

   (c) Records may be retained on microfilm provided they meet the requirements
   of the Federal Business Records Act (28 U.S.C. 1732).

§ 42.6   Retention of telephone toll records.

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   Each carrier that offers or bills toll telephone service shall retain for a
   period of 18 months such records as are necessary to provide the following
   billing information about telephone toll calls: the name, address, and
   telephone number of the caller, telephone number called, date, time and
   length of the call. Each carrier shall retain this information for toll
   calls that it bills whether it is billing its own toll service customers for
   toll calls or billing customers for another carrier.

   [ 51 FR 39536 , Oct. 29, 1986]

§ 42.7   Retention of other records.

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   Except as specified in §42.6, each carrier shall retain records identified
   in its master index of records for the period established therein. Records
   relevant to complaint proceedings not already contained in the index of
   records should be added to the index as soon as a complaint is filed and
   retained until final disposition of the complaint. Records a carrier is
   directed  to  retain  as  the result of a proceeding or inquiry by the
   Commission to the extent not already contained in the index will also be
   added to the index and retained until final disposition of the proceeding or
   inquiry.

Specific Instructions for Carriers Offering Interexchange Services

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§ 42.10   Public availability of information concerning interexchange services.

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   (a) A nondominant interexchange carrier (IXC) shall make available to any
   member of the public, in at least one location, during regular business
   hours, information concerning its current rates, terms and conditions for
   all of its international and interstate, domestic, interexchange services.
   Such information shall be made available in an easy to understand format and
   in  a timely manner. Following an inquiry or complaint from the public
   concerning rates, terms and conditions for such services, a carrier shall
   specify that such information is available and the manner in which the
   public may obtain the information.

   (b) In addition, a nondominant IXC that maintains an Internet website shall
   make such rate and service information specified in paragraph (a) of this
   section available on-line at its Internet website in a timely and easily
   accessible manner, and shall update this information regularly.

   [ 64 FR 19725 , Apr. 22, 1999, as amended at  66 FR 16879 , Mar. 28, 2001]

§ 42.11   Retention of information concerning detariffed interexchange
services.

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   (a) A nondominant IXC shall maintain, for submission to the Commission and
   to state regulatory commissions upon request, price and service information
   regarding all of the carrier's international and interstate, domestic,
   interexchange service offerings. A commercial mobile radio service (CMRS)
   provider shall maintain such price and service information only about its
   international common carrier service offerings and only for those routes on
   which the CMRS provider is classified as dominant under §63.10 of this
   Chapter  due  to  an  affiliation with a foreign carrier that collects
   settlement payments from U.S. carriers for terminating U.S. international
   switched traffic at the foreign end of the route. Such a CMRS provider is
   not required to maintain its price and service information, however, on any
   such affiliated route if it provides service on that route solely through
   the resale of an unaffiliated facilities-based provider's international
   switched services. The price and service information maintained for purposes
   of this paragraph shall include documents supporting the rates, terms, and
   conditions  of  the  carrier's international and interstate, domestic,
   interexchange offerings. The information maintained pursuant to this section
   shall be maintained in a manner that allows the carrier to produce such
   records within ten business days. For purposes of this paragraph, affiliated
   and foreign carrier are defined in §63.09 of this chapter.

   (b) The price and service information maintained pursuant to this section
   shall  be  retained  for a period of at least two years and six months
   following the date the carrier ceases to provide services pursuant to such
   rates, terms and conditions.

   [ 61 FR 59366 , Nov. 22, 1996, as amended at  62 FR 59604 , Nov. 4, 1997;  64 FR 19725 , Apr. 22, 1999;  66 FR 16879 , Mar. 28, 2001]
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