Sec.  64.1602   Restrictions on use and sale of telephone subscriber information
provided pursuant to automatic number identification or charge number services.

   (a) Any common carrier providing Automatic Number Identification or charge
   number  services  on interstate calls to any person shall provide such
   services  under  a  contract or tariff containing telephone subscriber
   information requirements that comply with this subpart. Such requirements
   shall:

   (1) Permit such person to use the telephone number and billing information
   for  billing and collection, routing, screening, and completion of the
   originating telephone subscriber's call or transaction, or for services
   directly  related  to  the  originating telephone subscriber's call or
   transaction;

   (2) Prohibit such person from reusing or selling the telephone number or
   billing information without first

   (i) Notifying the originating telephone subscriber and,

   (ii) Obtaining the affirmative consent of such subscriber for such reuse or
   sale; and,

   (3) Prohibit such person from disclosing, except as permitted by paragraphs
   (a) (1) and (2) of this section, any information derived from the automatic
   number identification or charge number service for any purpose other than

   (i) Performing the services or transactions that are the subject of the
   originating telephone subscriber's call,

   (ii) Ensuring network performance security, and the effectiveness of call
   delivery,

   (iii) Compiling, using, and disclosing aggregate information, and

   (iv) Complying with applicable law or legal process.

   (b) The requirements imposed under paragraph (a) of the section shall not
   prevent a person to whom automatic number identification or charge number
   services are provided from using

   (1) The telephone number and billing information provided pursuant to such
   service, and

   (2) Any information derived from the automatic number identification or
   charge number service, or from the analysis of the characteristics of a
   telecommunications transmission, to offer a product or service that is
   directly related to the products or services previously acquired by that
   customer  from  such person. Use of such information is subject to the
   requirements of 47 CFR 64.1200 and 64.1504(c).

   [ 60 FR 29490 , June 5, 1995]