Goto Section: 64.2007 | 64.2009 | Table of Contents
FCC 64.2008
Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 64.2008 Notice required for use of customer proprietary network
information.
(a) Notification, Generally. (1) Prior to any solicitation for customer
approval, a telecommunications carrier must provide notification to the
customer of the customer's right to restrict use of, disclosure of, and
access to that customer's CPNI.
(2) A telecommunications carrier must maintain records of notification,
whether oral, written or electronic, for at least one year.
(b) Individual notice to customers must be provided when soliciting
approval to use, disclose, or permit access to customers' CPNI.
(c) Content of Notice. Customer notification must provide sufficient
information to enable the customer to make an informed decision as to
whether to permit a carrier to use, disclose, or permit access to, the
customer's CPNI.
(1) The notification must state that the customer has a right, and the
carrier has a duty, under federal law, to protect the confidentiality
of CPNI.
(2) The notification must specify the types of information that
constitute CPNI and the specific entities that will receive the CPNI,
describe the purposes for which CPNI will be used, and inform the
customer of his or her right to disapprove those uses, and deny or
withdraw access to CPNI at any time.
(3) The notification must advise the customer of the precise steps the
customer must take in order to grant or deny access to CPNI, and must
clearly state that a denial of approval will not affect the provision
of any services to which the customer subscribes. However, carriers may
provide a brief statement, in clear and neutral language, describing
consequences directly resulting from the lack of access to CPNI.
(4) The notification must be comprehensible and must not be misleading.
(5) If written notification is provided, the notice must be clearly
legible, use sufficiently large type, and be placed in an area so as to
be readily apparent to a customer.
(6) If any portion of a notification is translated into another
language, then all portions of the notification must be translated into
that language.
(7) A carrier may state in the notification that the customer's
approval to use CPNI may enhance the carrier's ability to offer
products and services tailored to the customer's needs. A carrier also
may state in the notification that it may be compelled to disclose CPNI
to any person upon affirmative written request by the customer.
(8) A carrier may not include in the notification any statement
attempting to encourage a customer to freeze third-party access to
CPNI.
(9) The notification must state that any approval, or denial of
approval for the use of CPNI outside of the service to which the
customer already subscribes from that carrier is valid until the
customer affirmatively revokes or limits such approval or denial.
(10) A telecommunications carrier's solicitation for approval must be
proximate to the notification of a customer's CPNI rights.
(d) Notice Requirements Specific to Opt-Out. A telecommunications
carrier must provide notification to obtain opt-out approval through
electronic or written methods, but not by oral communication (except as
provided in paragraph (f) of this section). The contents of any such
notification must comply with the requirements of paragraph (c) of this
section.
(1) Carriers must wait a 30-day minimum period of time after giving
customers notice and an opportunity to opt-out before assuming customer
approval to use, disclose, or permit access to CPNI. A carrier may, in
its discretion, provide for a longer period. Carriers must notify
customers as to the applicable waiting period for a response before
approval is assumed.
(i) In the case of an electronic form of notification, the waiting
period shall begin to run from the date on which the notification was
sent; and
(ii) In the case of notification by mail, the waiting period shall
begin to run on the third day following the date that the notification
was mailed.
(2) Carriers using the opt-out mechanism must provide notices to their
customers every two years.
(3) Telecommunications carriers that use e-mail to provide opt-out
notices must comply with the following requirements in addition to the
requirements generally applicable to notification:
(i) Carriers must obtain express, verifiable, prior approval from
consumers to send notices via e-mail regarding their service in
general, or CPNI in particular;
(ii) Carriers must allow customers to reply directly to e-mails
containing CPNI notices in order to opt-out;
(iii) Opt-out e-mail notices that are returned to the carrier as
undeliverable must be sent to the customer in another form before
carriers may consider the customer to have received notice;
(iv) Carriers that use e-mail to send CPNI notices must ensure that the
subject line of the message clearly and accurately identifies the
subject matter of the e-mail; and
(v) Telecommunications carriers must make available to every customer a
method to opt-out that is of no additional cost to the customer and
that is available 24 hours a day, seven days a week. Carriers may
satisfy this requirement through a combination of methods, so long as
all customers have the ability to opt-out at no cost and are able to
effectuate that choice whenever they choose.
(e) Notice Requirements Specific to Opt-In. A telecommunications
carrier may provide notification to obtain opt-in approval through
oral, written, or electronic methods. The contents of any such
notification must comply with the requirements of paragraph (c) of this
section.
(f) Notice Requirements Specific to One-Time Use of CPNI. (1) Carriers
may use oral notice to obtain limited, one-time use of CPNI for inbound
and outbound customer telephone contacts for the duration of the call,
regardless of whether carriers use opt-out or opt-in approval based on
the nature of the contact.
(2) The contents of any such notification must comply with the
requirements of paragraph (c) of this section, except that
telecommunications carriers may omit any of the following notice
provisions if not relevant to the limited use for which the carrier
seeks CPNI:
(i) Carriers need not advise customers that if they have opted-out
previously, no action is needed to maintain the opt-out election;
(ii) Carriers need not advise customers that they may share CPNI with
their affiliates or third parties and need not name those entities, if
the limited CPNI usage will not result in use by, or disclosure to, an
affiliate or third party;
(iii) Carriers need not disclose the means by which a customer can deny
or withdraw future access to CPNI, so long as carriers explain to
customers that the scope of the approval the carrier seeks is limited
to one-time use; and
(iv) Carriers may omit disclosure of the precise steps a customer must
take in order to grant or deny access to CPNI, as long as the carrier
clearly communicates that the customer can deny access to his CPNI for
the call.
[ 67 FR 59212 , Sept. 20, 2002]
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Goto Section: 64.2007 | 64.2009
Goto Year: 2013 |
2015
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