Goto Section: 64.1600 | 64.1602 | Table of Contents
FCC 64.1601
Revised as of October 5, 2017
Goto Year:2016 |
2018
§ 64.1601 Delivery requirements and privacy restrictions.
(a) Delivery. Except as provided in paragraphs (d) and (e) of this
section:
(1) Telecommunications carriers and providers of interconnected Voice
over Internet Protocol (VoIP) services, in originating interstate or
intrastate traffic on the public switched telephone network (PSTN) or
originating interstate or intrastate traffic that is destined for the
PSTN (collectively “PSTN Traffic”), are required to transmit for all
PSTN Traffic the telephone number received from or assigned to or
otherwise associated with the calling party to the next provider in the
path from the originating provider to the terminating provider. This
provision applies regardless of the voice call signaling and
transmission technology used by the carrier or VoIP provider. Entities
subject to this provision that use Signaling System 7 (SS7) are
required to transmit the calling party number (CPN) associated with all
PSTN Traffic in the SS7 ISUP (ISDN User Part) CPN field to
interconnecting providers, and are required to transmit the calling
party's charge number (CN) in the SS7 ISUP CN field to interconnecting
providers for any PSTN Traffic where CN differs from CPN. Entities
subject to this provision who use multi-frequency (MF) signaling are
required to transmit CPN, or CN if it differs from CPN, associated with
all PSTN Traffic in the MF signaling automatic numbering information
(ANI) field.
(2) Intermediate providers within an interstate or intrastate call path
that originates and/or terminates on the PSTN must pass unaltered to
subsequent providers in the call path signaling information identifying
the telephone number, or billing number, if different, of the calling
party that is received with a call. This requirement applies to SS7
information including but not limited to CPN and CN, and also applies
to MF signaling information or other signaling information intermediate
providers receive with a call. This requirement also applies to VoIP
signaling messages, such as calling party and charge information
identifiers contained in Session Initiation Protocol (SIP) header
fields, and to equivalent identifying information as used in other VoIP
signaling technologies, regardless of the voice call signaling and
transmission technology used by the carrier or VoIP provider.
(b) Privacy. Except as provided in paragraph (d) of this section,
originating carriers using Signaling System 7 and offering or
subscribing to any service based on Signaling System 7 functionality
will recognize *67 dialed as the first three digits of a call (or 1167
for rotary or pulse dialing phones) as a caller's request that the CPN
not be passed on an interstate call. Such carriers providing line
blocking services will recognize *82 as a caller's request that the CPN
be passed on an interstate call. No common carrier subscribing to or
offering any service that delivers CPN may override the privacy
indicator associated with an interstate call. Carriers must arrange
their CPN-based services, and billing practices, in such a manner that
when a caller requests that the CPN not be passed, a carrier may not
reveal that caller's number or name, nor may the carrier use the number
or name to allow the called party to contact the calling party. The
terminating carrier must act in accordance with the privacy indicator
unless the call is made to a called party that subscribes to an ANI or
charge number based service and the call is paid for by the called
party.
(c) Charges. No common carrier subscribing to or offering any service
that delivers calling party number may
(1) Impose on the calling party charges associated with per call
blocking of the calling party's telephone number, or
(2) Impose charges upon connecting carriers for the delivery of the
calling party number parameter or its associated privacy indicator.
(d) Exemptions. Section 64.1601(a) and (b) shall not apply when:
(1) A call originates from a payphone.
(2) A local exchange carrier with Signaling System 7 capability does
not have the software to provide *67 or *82 functionalities. Such
carriers are prohibited from passing CPN.
(3) A Private Branch Exchange or Centrex system does not pass end user
CPN. Centrex systems that rely on *6 or *8 for a function other than
CPN blocking or unblocking, respectively, are also exempt if they
employ alternative means of blocking or unblocking.
(4) CPN delivery—
(i) Is used solely in connection with calls within the same limited
system, including (but not limited to) a Centrex system, virtual
private network, or Private Branch Exchange;
(ii) Is used on a public agency's emergency telephone line or in
conjunction with 911 emergency services, or on any entity's emergency
assistance poison control telephone line; or
(iii) Is provided in connection with legally authorized call tracing or
trapping procedures specifically requested by a law enforcement agency.
(e) Any person or entity that engages in telemarketing, as defined in
section 64.1200(f)(10) must transmit caller identification information.
(1) For purposes of this paragraph, caller identification information
must include either CPN or ANI, and, when available by the
telemarketer's carrier, the name of the telemarketer. It shall not be a
violation of this paragraph to substitute (for the name and phone
number used in, or billed for, making the call) the name of the seller
on behalf of which the telemarketing call is placed and the seller's
customer service telephone number. The telephone number so provided
must permit any individual to make a do-not-call request during regular
business hours.
(2) Any person or entity that engages in telemarketing is prohibited
from blocking the transmission of caller identification information.
(3) Tax-exempt nonprofit organizations are not required to comply with
this paragraph.
[ 60 FR 29490 , June 5, 1995; 60 FR 54449 , Oct. 24, 1995, as amended at
62 FR 34015 , June 24, 1997; 68 FR 44179 , July 25, 2003; 71 FR 75122 ,
Dec. 14, 2006; 76 FR 73882 , Nov. 29, 2011]
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Goto Section: 64.1600 | 64.1602
Goto Year: 2016 |
2018
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