Goto Section: 64.5103 | 64.5107 | Table of Contents
FCC 64.5105
Revised as of September 1, 2021
Goto Year:2020 |
2022
§ 64.5105 Use of customer proprietary network information without customer
approval.
(a) A TRS provider may use, disclose, or permit access to CPNI for the
purpose of providing or lawfully marketing service offerings among the
categories of service (i.e., type of TRS) for which the TRS provider is
currently the default provider for that customer, without customer
approval.
(1) If a TRS provider provides different categories of TRS, and the TRS
provider is currently the default provider for that customer for more
than one category of TRS offered by the TRS provider, the TRS provider
may share CPNI among the TRS provider's affiliated entities that
provide a TRS offering to the customer.
(2) If a TRS provider provides different categories of TRS, but the TRS
provider is currently not the default provider for that customer for
more than one offering by the TRS provider, the TRS provider shall not
share CPNI with its affiliates, except as provided in § 64.5107(b) of
this subpart.
(b) A TRS provider shall not use, disclose, or permit access to CPNI as
described in this paragraph (b).
(1) A TRS provider shall not use, disclose, or permit access to CPNI to
market to a customer TRS offerings that are within a category of TRS
for which the TRS provider is not currently the default provider for
that customer, unless that TRS provider has customer approval to do so.
(2) A TRS provider shall not identify or track CPNI of customers that
call competing TRS providers and, notwithstanding any other provision
of this subpart, a TRS provider shall not use, disclose or permit
access to CPNI related to a customer call to a competing TRS provider.
(c) A TRS provider may use, disclose, or permit access to CPNI, without
customer approval, as described in this paragraph (c).
(1) A TRS provider may use, disclose or permit access to CPNI derived
from its provision of TRS without customer approval, for the provision
of CPE or iTRS access technology, and call answering, voice or video
mail or messaging, voice or video storage and retrieval services.
(2) A TRS provider may use, disclose, or permit access to CPNI, without
customer approval, in its provision of inside wiring installation,
maintenance, and repair services.
(3) A TRS provider may use CPNI, without customer approval, to market
services formerly known as adjunct-to-basic services, such as, but not
limited to, speed dialing, call waiting, caller I.D., and call
forwarding, only to those customers that are currently registered with
that TRS provider as their default provider.
(4) A TRS provider shall use, disclose, or permit access to CPNI to the
extent necessary to:
(i) Accept and handle 911/E911 calls;
(ii) Access, either directly or via a third party, a commercially
available database that will allow the TRS provider to determine an
appropriate Public Safety Answering Point, designated statewide default
answering point, or appropriate local emergency authority that
corresponds to the caller's location;
(iii) Relay the 911/E911 call to that entity; and
(iv) Facilitate the dispatch and response of emergency service or law
enforcement personnel to the caller's location, in the event that the
911/E911 call is disconnected or the caller becomes incapacitated.
(5) A TRS provider shall use, disclose, or permit access to CPNI upon
request by the administrator of the TRS Fund, as that term is defined
in § 64.604(c)(5)(iii) of this part, or by the Commission for the
purpose of administration and oversight of the TRS Fund, including the
investigation and prevention of fraud, abuse, and misuse of TRS and
seeking repayment to the TRS Fund for non-compensable minutes.
(6) A TRS provider may use, disclose, or permit access to CPNI to
protect the rights or property of the TRS provider, or to protect users
of those services, other TRS providers, and the TRS Fund from
fraudulent, abusive, or unlawful use of such services.
[ 79 FR 40613 , July 5, 2013]
Goto Section: 64.5103 | 64.5107
Goto Year: 2020 |
2022
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