§ 64.1201   Restrictions on billing name and address disclosure.

   (a) As used in this section:

   (1) The term billing name and address means the name and address provided to
   a local exchange company by each of its local exchange customers to which
   the local exchange company directs bills for its services.

   (2) The term “telecommunications service provider” means interexchange
   carriers, operator service providers, enhanced service providers, and any
   other provider of interstate telecommunications services.

   (3)  The  term authorized billing agent means a third party hired by a
   telecommunications  service provider to perform billing and collection
   services for the telecommunications service provider.

   (4) The term bulk basis means billing name and address information for all
   the local exchange service subscribers of a local exchange carrier.

   (5) The term LEC joint use card means a calling card bearing an account
   number assigned by a local exchange carrier, used for the services of the
   local exchange carrier and a designated interexchange carrier, and validated
   by access to data maintained by the local exchange carrier.

   (b) No local exchange carrier providing billing name and address shall
   disclose billing name and address information to any party other than a
   telecommunications service provider or an authorized billing and collection
   agent of a telecommunications service provider.

   (c)(1) No telecommunications service provider or authorized billing and
   collection agent of a telecommunications service provider shall use billing
   name and address information for any purpose other than the following:

   (i) Billing customers for using telecommunications services of that service
   provider and collecting amounts due;

   (ii) Any purpose associated with the “equal access” requirement of United
   States v. AT&T 552 F.Supp. 131 (D.D.C. 1982); and

   (iii) Verification of service orders of new customers, identification of
   customers who have moved to a new address, fraud prevention, and similar
   nonmarketing purposes.

   (2) In no case shall any telecommunications service provider or authorized
   billing  and collection agent of a telecommunications service provider
   disclose the billing name and address information of any subscriber to any
   third party, except that a telecommunications service provider may disclose
   billing  name  and  address  information to its authorized billing and
   collection agent.

   (d) [Reserved]

   (e)(1)  All local exchange carriers providing billing name and address
   information shall notify their subscribers that:

   (i) The subscriber's billing name and address will be disclosed, pursuant to
   Policies and Rules Concerning Local Exchange Carrier Validation and Billing
   Information for Joint Use Calling Cards, CC Docket No. 91-115, FCC 93-254,
   adopted May 13, 1993, whenever the subscriber uses a LEC joint use card to
   pay for services obtained from the telecommunications service provider, and

   (ii) The subscriber's billing name and address will be disclosed, pursuant
   to Policies and Rules Concerning Local Exchange Carrier Validation and
   Billing Information for Joint Use Calling Cards, CC Docket No. 91-115, FCC
   93-254, adopted May 13, 1993, whenever the subscriber accepts a third party
   or  collect  call  to  a  telephone station provided by the LEC to the
   subscriber.

   (2) In addition to the notification specified in paragraph (e)(1) of this
   section, all local exchange carriers providing billing name and address
   information shall notify their subscribers with unlisted or nonpublished
   telephone numbers that:

   (i) Customers have a right to request that their BNA not be disclosed, and
   that customers may prevent BNA disclosure for third party and collect calls
   as well as calling card calls;

   (ii) LECs will presume that unlisted and nonpublished end users consent to
   disclosure and use of their BNA if customers do not affirmatively request
   that their BNA not be disclosed; and

   (iii) The presumption in favor of consent for disclosure will begin 30 days
   after customers receive notice.

   (3) No local exchange carrier shall disclose the billing name and address
   information associated with any calling card call made by any subscriber who
   has affirmatively withheld consent for disclosure of BNA information, or for
   any  third  party  or  collect  call charged to any subscriber who has
   affirmatively withheld consent for disclosure of BNA information.

   [ 53 FR 36145 , July 6, 1993, as amended at  58 FR 65671 , Dec. 16, 1993;  61 FR 8880 , Mar. 6, 1996]

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