Goto Section: 64.5107 | 64.5109 | Table of Contents
FCC 64.5108
Revised as of September 1, 2021
Goto Year:2020 |
2022
§ 64.5108 Notice required for use of customer proprietary network
information.
(a) Notification, generally. (1) Prior to any solicitation for customer
approval to use, disclose, or permit access to CPNI, a TRS provider
shall provide notification to the customer of the customer's right to
deny or restrict use of, disclosure of, and access to that customer's
CPNI.
(2) A TRS provider shall maintain records of notification, whether
oral, written, electronic, or sign language, during the time period
that the approval is in effect and for at least one year thereafter.
(b) Individual notice. A TRS provider shall provide individual notice
to customers when soliciting approval to use, disclose, or permit
access to customers' CPNI.
(c) Content of notice. Customer notification shall provide sufficient
information in clear and unambiguous language to enable the customer to
make an informed decision as to whether to permit a TRS provider to
use, disclose, or permit access to, the customer's CPNI.
(1) The notification shall state that the customer has a right to deny
any TRS provider the right to use, disclose or permit access to the
customer's CPNI, and the TRS provider has a duty, under federal law, to
honor the customer's right and to protect the confidentiality of CPNI.
(2) The notification shall specify the types of information that
constitute CPNI and the specific entities that will use, receive or
have access to 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 the customer's consent to use, disclose, or
permit access to access to CPNI at any time.
(3) The notification shall advise the customer of the precise steps the
customer must take in order to grant or deny use, disclosure, or access
to CPNI, and must clearly state that customer denial of approval will
not affect the TRS provider's provision of any services to the
customer. However, TRS providers may provide a brief statement, in
clear and neutral language, describing consequences directly resulting
from the lack of access to CPNI.
(4) TRS providers shall provide the notification in a manner that is
accessible to the customer, comprehensible, and not misleading.
(5) If the TRS provider provides written notification to the customer,
the notice shall 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 TRS provider may state in the notification that the customer's
approval to use CPNI may enhance the TRS provider's ability to offer
products and services tailored to the customer's needs. A TRS provider
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) The notification shall state that any approval or denial of
approval for the use of CPNI outside of the service for which the TRS
provider is the default provider for the customer is valid until the
customer affirmatively revokes or limits such approval or denial.
(9) A TRS provider's solicitation for approval to use, disclose, or
have access to the customer's CPNI must be proximate to the
notification of a customer's CPNI rights to non-disclosure.
(d) Notice requirements specific to opt-out. A TRS provider shall
provide notification to obtain opt-out approval through electronic or
written methods, but not by oral or sign language communication (except
as provided in paragraph (f) of this section). The contents of any such
notification shall comply with the requirements of paragraph (c) of
this section.
(1) TRS providers shall 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 TRS
provider may, in its discretion, provide for a longer period. TRS
providers shall 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) TRS providers using the opt-out mechanism shall provide notices to
their customers every two years.
(3) TRS providers that use email to provide opt-out notices shall
comply with the following requirements in addition to the requirements
generally applicable to notification:
(i) TRS providers shall obtain express, verifiable, prior approval from
consumers to send notices via email regarding their service in general,
or CPNI in particular;
(ii) TRS providers shall either:
(A) Allow customers to reply directly to the email containing the CPNI
notice in order to opt-out; or
(B) Include within the email containing the CPNI notice a conspicuous
link to a Web page that provides to the customer a readily usable
opt-out mechanism;
(iii) Opt-out email notices that are returned to the TRS provider as
undeliverable shall be sent to the customer in another form before the
TRS provider may consider the customer to have received notice;
(iv) TRS providers that use email to send CPNI notices shall ensure
that the subject line of the message clearly and accurately identifies
the subject matter of the email; and
(v) TRS providers shall 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. TRS providers 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 TRS provider may provide
notification to obtain opt-in approval through oral, sign language,
written, or electronic methods. The contents of any such notification
shall comply with the requirements of paragraph (c) of this section.
(f) Notice requirements specific to one-time use of CPNI. (1) TRS
providers may use oral, text, or sign language notice to obtain
limited, one-time use of CPNI for inbound and outbound customer
telephone, TRS, or point-to-point contacts for the duration of the
call, regardless of whether TRS providers use opt-out or opt-in
approval based on the nature of the contact.
(2) The contents of any such notification shall comply with the
requirements of paragraph (c) of this section, except that TRS
providers may omit any of the following notice provisions if not
relevant to the limited use for which the TRS provider seeks CPNI:
(i) TRS providers need not advise customers that if they have opted-out
previously, no action is needed to maintain the opt-out election;
(ii) TRS providers need not advise customers that the TRS provider may
share CPNI with the TRS provider's 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) TRS providers need not disclose the means by which a customer can
deny or withdraw future access to CPNI, so long as the TRS provider
explains to customers that the scope of the approval the TRS provider
seeks is limited to one-time use; and
(iv) TRS providers may omit disclosure of the precise steps a customer
must take in order to grant or deny access to CPNI, as long as the TRS
provider clearly communicates that the customer can deny access to his
or her CPNI for the call.
[ 79 FR 40613 , July 5, 2013]
Goto Section: 64.5107 | 64.5109
Goto Year: 2020 |
2022
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