§  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]