Goto Section: 64.5108 | 64.5110 | Table of Contents
FCC 64.5109
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 64.5109 Safeguards required for use of customer proprietary network
information.
(a) TRS providers shall implement a system by which the status of a
customer's CPNI approval can be clearly established prior to the use of
CPNI. Except as provided for in § § 64.5105 and 64.5108(f) of this subpart,
TRS providers shall provide access to and shall require all personnel,
including any agents, contractors, and subcontractors, who have contact with
customers to verify the status of a customer's CPNI approval before using,
disclosing, or permitting access to the customer's CPNI.
(b) TRS providers shall train their personnel, including any agents,
contractors, and subcontractors, as to when they are and are not authorized
to use CPNI, including procedures for verification of the status of a
customer's CPNI approval. TRS providers shall have an express disciplinary
process in place, including in the case of agents, contractors, and
subcontractors, a right to cancel the applicable contract(s) or otherwise
take disciplinary action.
(c) TRS providers shall maintain a record, electronically or in some other
manner, of their own and their affiliates' sales and marketing campaigns
that use their customers' CPNI. All TRS providers shall maintain a record of
all instances where CPNI was disclosed or provided to third parties, or
where third parties were allowed access to CPNI. The record shall include a
description of each campaign, the specific CPNI that was used in the
campaign, including the customer's name, and what products and services were
offered as a part of the campaign. TRS providers shall retain the record for
a minimum of three years.
(d) TRS providers shall establish a supervisory review process regarding TRS
provider compliance with the rules in this subpart for outbound marketing
situations and maintain records of TRS provider compliance for a minimum
period of three years. Sales personnel must obtain supervisory approval of
any proposed outbound marketing request for customer approval.
(e) A TRS provider shall have an officer, as an agent of the TRS provider,
sign and file with the Commission a compliance certification on an annual
basis. The officer shall state in the certification that he or she has
personal knowledge that the company has established operating procedures
that are adequate to ensure compliance with the rules in this subpart. The
TRS provider must provide a statement accompanying the certification
explaining how its operating procedures ensure that it is or is not in
compliance with the rules in this subpart. In addition, the TRS provider
must include an explanation of any actions taken against data brokers, a
summary of all customer complaints received in the past year concerning the
unauthorized release of CPNI, and a report detailing all instances where the
TRS provider, or its agents, contractors, or subcontractors, used,
disclosed, or permitted access to CPNI without complying with the procedures
specified in this subpart. In the case of iTRS providers, this filing shall
be included in the annual report filed with the Commission pursuant to
§ 64.606(g) of this part for data pertaining to the previous year. In the
case of all other TRS providers, this filing shall be made annually with the
Disability Rights Office of the Consumer and Governmental Affairs Bureau on
or before March 1 in CG Docket No. 03-123 for data pertaining to the
previous calendar year.
(f) TRS providers shall provide written notice within five business days to
the Disability Rights Office of the Consumer and Governmental Affairs Bureau
of the Commission of any instance where the opt-out mechanisms do not work
properly, to such a degree that consumers' inability to opt-out is more than
an anomaly.
(1) The notice shall be in the form of a letter, and shall include the TRS
provider's name, a description of the opt-out mechanism(s) used, the
problem(s) experienced, the remedy proposed and when it will be/was
implemented, whether the relevant state commission(s) has been notified, if
applicable, and whether the state commission(s) has taken any action, a copy
of the notice provided to customers, and contact information.
(2) Such notice shall be submitted even if the TRS provider offers other
methods by which consumers may opt-out.
[ 79 FR 40613 , July 5, 2013]
return arrow Back to Top
Goto Section: 64.5108 | 64.5110
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public