Goto Section: 64.1200 | 64.1202 | Table of Contents
FCC 64.1201
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 64.1201 Restrictions on billing name and address disclosure.
(a) As used in this section:
(1) The term billing name and address means the name and address
provided to a local exchange company by each of its local exchange
customers to which the local exchange company directs bills for its
services.
(2) The term “telecommunications service provider” means interexchange
carriers, operator service providers, enhanced service providers, and
any other provider of interstate telecommunications services.
(3) The term authorized billing agent means a third party hired by a
telecommunications service provider to perform billing and collection
services for the telecommunications service provider.
(4) The term bulk basis means billing name and address information for
all the local exchange service subscribers of a local exchange carrier.
(5) The term LEC joint use card means a calling card bearing an account
number assigned by a local exchange carrier, used for the services of
the local exchange carrier and a designated interexchange carrier, and
validated by access to data maintained by the local exchange carrier.
(b) No local exchange carrier providing billing name and address shall
disclose billing name and address information to any party other than a
telecommunications service provider or an authorized billing and
collection agent of a telecommunications service provider.
(c)(1) No telecommunications service provider or authorized billing and
collection agent of a telecommunications service provider shall use
billing name and address information for any purpose other than the
following:
(i) Billing customers for using telecommunications services of that
service provider and collecting amounts due;
(ii) Any purpose associated with the “equal access” requirement of
United States v. AT&T 552 F.Supp. 131 (D.D.C. 1982); and
(iii) Verification of service orders of new customers, identification
of customers who have moved to a new address, fraud prevention, and
similar nonmarketing purposes.
(2) In no case shall any telecommunications service provider or
authorized billing and collection agent of a telecommunications service
provider disclose the billing name and address information of any
subscriber to any third party, except that a telecommunications service
provider may disclose billing name and address information to its
authorized billing and collection agent.
(d) [Reserved]
(e)(1) All local exchange carriers providing billing name and address
information shall notify their subscribers that:
(i) The subscriber's billing name and address will be disclosed,
pursuant to Policies and Rules Concerning Local Exchange Carrier
Validation and Billing Information for Joint Use Calling Cards, CC
Docket No. 91-115, FCC 93-254, adopted May 13, 1993, whenever the
subscriber uses a LEC joint use card to pay for services obtained from
the telecommunications service provider, and
(ii) The subscriber's billing name and address will be disclosed,
pursuant to Policies and Rules Concerning Local Exchange Carrier
Validation and Billing Information for Joint Use Calling Cards, CC
Docket No. 91-115, FCC 93-254, adopted May 13, 1993, whenever the
subscriber accepts a third party or collect call to a telephone station
provided by the LEC to the subscriber.
(2) In addition to the notification specified in paragraph (e)(1) of
this section, all local exchange carriers providing billing name and
address information shall notify their subscribers with unlisted or
nonpublished telephone numbers that:
(i) Customers have a right to request that their BNA not be disclosed,
and that customers may prevent BNA disclosure for third party and
collect calls as well as calling card calls;
(ii) LECs will presume that unlisted and nonpublished end users consent
to disclosure and use of their BNA if customers do not affirmatively
request that their BNA not be disclosed; and
(iii) The presumption in favor of consent for disclosure will begin 30
days after customers receive notice.
(3) No local exchange carrier shall disclose the billing name and
address information associated with any calling card call made by any
subscriber who has affirmatively withheld consent for disclosure of BNA
information, or for any third party or collect call charged to any
subscriber who has affirmatively withheld consent for disclosure of BNA
information.
[ 53 FR 36145 , July 6, 1993, as amended at 58 FR 65671 , Dec. 16, 1993;
61 FR 8880 , Mar. 6, 1996]
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Goto Section: 64.1200 | 64.1202
Goto Year: 2011 |
2013
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