Sec.  64.2005   Use of customer proprietary network information without customer
approval.

   (a) Any telecommunications carrier may use, disclose, or permit access to
   CPNI for the purpose of providing or marketing service offerings among the
   categories of service ( i.e. , local, interexchange, and CMRS) to which the
   customer  already  subscribes  from the same carrier, without customer
   approval.

   (1)  If  a telecommunications carrier provides different categories of
   service, and a customer subscribes to more than one category of service
   offered by the carrier, the carrier is permitted to share CPNI among the
   carrier's  affiliated  entities that provide a service offering to the
   customer.

   (2)  If  a telecommunications carrier provides different categories of
   service, but a customer does not subscribe to more than one offering by the
   carrier, the carrier is not permitted to share CPNI with its affiliates,
   except as provided in  Sec. 64.2007(b).

   (b) A telecommunications carrier may not use, disclose, or permit access to
   CPNI to market to a customer service offerings that are within a category of
   service  to  which the subscriber does not already subscribe from that
   carrier, unless that carrier has customer approval to do so, except as
   described in paragraph (c) of this section.

   (1) A wireless provider may use, disclose, or permit access to CPNI derived
   from its provision of CMRS, without customer approval, for the provision of
   CPE and information service(s). A wireline carrier may use, disclose or
   permit access to CPNI derived from its provision of local exchange service
   or interexchange service, without customer approval, for the provision of
   CPE and call answering, voice mail or messaging, voice storage and retrieval
   services, fax store and forward, and protocol conversion.

   (2) A telecommunications carrier may not use, disclose or permit access to
   CPNI to identify or track customers that call competing service providers.
   For example, a local exchange carrier may not use local service CPNI to
   track all customers that call local service competitors.

   (c) A telecommunications carrier may use, disclose, or permit access to
   CPNI, without customer approval, as described in this paragraph (c).

   (1) A telecommunications carrier may use, disclose, or permit access to
   CPNI,  without  customer  approval,  in its provision of inside wiring
   installation, maintenance, and repair services.

   (2) CMRS providers may use, disclose, or permit access to CPNI for the
   purpose of conducting research on the health effects of CMRS.

   (3) LECs, CMRS providers, and entities that provide interconnected VoIP
   service as that term is defined in  Sec. 9.3 of this chapter, may use CPNI,
   without  customer  approval,  to  market  services  formerly  known as
   adjunct-to-basic services, such as, but not limited to, speed dialing,
   computer-provided directory assistance, call monitoring, call tracing, call
   blocking, call return, repeat dialing, call tracking, call waiting, caller
   I.D., call forwarding, and certain centrex features.

   (d) A telecommunications carrier may use, disclose, or permit access to CPNI
   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.

   [ 63 FR 20338 , Apr. 24, 1998, as amended at  64 FR 53264 , Oct. 1, 1999;  67 FR 59211 , Sept. 20, 2002;  72 FR 31962 , June 8, 2007]

   Effective Date Note:   At  72 FR 31962 , June 8, 2007,  Sec.  64.2005 was amended
   by revising paragraph (c)(3). This text contains information collection and
   recordkeeping requirements and will not become effective until approval has
   been given by the Office of Management and Budget (OMB).