47 CFR Part 64

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§ 63.702

47 CFR Ch. I (10–1–10 Edition)

within the meaning of the International Telecommunication Convention shall include a statement of the
nature of the services to be provided
and a statement that the party is
aware that it is obligated under Article
6 of the ITU Constitution to obey the
mandatory provisions thereof, and all
regulations promulgated thereunder,
and a pledge that it will engage in no
conduct or operations that contravene
such mandatory provisions and that it
will otherwise obey the Convention and
regulations in all respects. The party
must also include a statement that it
is aware that failure to comply will result in an order from the Federal Communications Commission to cease and
desist from future violations of an ITU
regulation and may result in revocation of its recognized operating agency
status by the United States Department of State. Such statement must
include the following information
where applicable:
(a) The name and address of each applicant;
(b) The Government, State, or Territory under the laws of which each corporate applicant is organized;
(c) The name, title and post office address of the officer of a corporate applicant, or representative of a non-corporate applicant, to whom correspondence concerning the application is to
be addressed;
(d) A statement of the ownership of a
non-corporate applicant, or the ownership of the stock of a corporate applicant, including an indication whether
the applicant or its stock is owned directly or indirectly by an alien;
(e) A copy of each corporate applicant’s articant’s articles of incorporation (or its equivalent) and of its corporate bylaws;
(f) A statement whether the applicant is a carrier subject to section 214
of the Communications Act, an operator of broadcast or other radio facilities, licensed under title III of the Act,
capable of causing harmful interference with the radio transmissions of
other countries, or a non-carrier provider of services classed as ‘‘enhanced’’
under § 64.702(a);
(g) A statement that the services for
which designated as a recognized private operating agency is sought will be

extended to a point outside the United
States or are capable of causing harmful interference of other radio transmission and a statement of the nature
of the services to be provided;
(h) A statement setting forth the
points between which the services are
to be provided; and
(i) A statement as to whether covered
services are provided by facilities
owned by the applicant, by facilities
leased from another entity, or other arrangement and a description of the arrangement.
(j) Subject to the availability of electronic forms, all filings described in
this section must be filed electronically through the International Bureau
Filing System (IBFS). A list of forms
that are available for electronic filing
can be found on the IBFS homepage.
For information on electronic filing requirements, see part 1, §§ 1.1000 through
1.10018 of this chapter and the IBFS
homepage at http://www.fcc.gov/ibfs. See
also §§ 63.20 and 63.53.
[51 FR 18448, May 20, 1986, as amended at 69
FR 29902, May 26, 2004; 70 FR 38800, July 6,
2005]

§ 63.702

Form.

Application under § 63.701 shall be
submitted in the form specified in
§ 63.53 for applications under section 214
of the Communications Act.
[51 FR 18448, May 20, 1986]

PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
Subpart A—Traffic Damage Claims
Sec.
64.1 Traffic damage claims.

Subpart B—Restrictions on Indecent
Telephone Message Services
64.201 Restrictions on indecent telephone
message services.

Subpart C—Furnishing of Facilities to Foreign Governments for International
Communications
64.301 Furnishing of facilities to foreign
governments for international communications.

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Federal Communications Commission

Pt. 64

Subpart D—Procedures for Handling Priority
Services in Emergencies

64.804 Rules governing the extension of unsecured credit to candidates or persons
on behalf of such candidates for Federal
office for interstate and foreign common
carrier communication services.

64.401 Policies and procedures for provisioning and restoring certain telecommunications services in emergencies.
64.402 Policies and procedures for the provision of priority access service by commercial mobile radio service providers.

Subpart E—Use of Recording Devices by
Telephone Companies
64.501 Recording of telephone conversations
with telephone companies.

Subpart
F—Telecommunications
Relay
Services and Related Customer Premises Equipment for Persons With Disabilities
64.601 Definitions and provisions of general
applicability.
64.602 Jurisdiction.
64.603 Provision of services.
64.604 Mandatory minimum standards.
64.605 Emergency calling requirements.
64.606 VRS and IP Relay provider and TRS
program certification.
64.607 Furnishing related customer premises
equipment.
64.608 Provision of hearing aid compatible
telephones by exchange carriers.
64.609 Enforcement of related customer
premises equipment rules.
64.611 Internet-based TRS registration.
64.613 Numbering directory for Internetbased TRS users.

Subpart G—Furnishing of Enhanced Services and Customer-Premises Equipment by Communications Common
Carriers; Telephone Operator Services

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64.702 Furnishing of enhanced services and
customer-premises equipment.
64.703 Consumer information.
64.704 Call blocking prohibited.
64.705 Restrictions on charges related to the
provision of operator services.
64.706 Minimum standards for the routing
and handling of emergency telephone
calls.
64.707 Public dissemination of information
by providers of operator services.
64.708 Definitions.
64.709 Informational tariffs.
64.710 Operator services for prison inmate
phones.

Subpart H—Extension of Unsecured Credit
for Interstate and Foreign Communications Services to Candidates for Federal Office
64.801
64.802
64.803

Purpose.
Applicability.
Definitions.

Subpart I—Allocation of Costs
64.901
64.902
64.903
64.904
64.905

Allocation of costs.
Transactions with affiliates.
Cost allocation manuals.
Independent audits.
Annual certification.

Subpart J—International Settlements Policy
and Modification Requests
64.1001 International settlements policy and
modification requests.
64.1002 International settlements policy.

Subpart K—Changes in Preferred
Telecommunications Service Providers
64.1100 Definitions.
64.1110 State notification of election to administer FCC rules.
64.1120 Verification of orders for telecommunications service.
64.1130 Letter of agency form and content.
64.1140 Carrier liability for slamming.
64.1150 Procedures for resolution of unauthorized changes in preferred carrier.
64.1160 Absolution procedures where the
subscriber has not paid charges.
64.1170 Reimbursement procedures where
the subscriber has paid charges.
64.1190 Preferred carrier freezes.
64.1195 Registration requirement.

Subpart L—Restrictions on Telemarketing,
Telephone Solicitation, and Facsimile
Advertising
64.1200 Delivery restrictions.
64.1201 Restrictions on billing name and address disclosure.

Subpart M—Provision of Payphone Service
64.1300 Payphone compensation obligation.
64.1301 Per-payphone compensation.
64.1310 Payphone compensation procedures.
64.1320 Payphone compensation verification
and reports.
64.1330 State review of payphone entry and
exit regulations and public interest
payphones.
64.1340 Right to negotiate.

Subpart N—Expanded Interconnection
64.1401 Expanded interconnection.
64.1402 Rights and responsibilities of interconnectors.

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Pt. 64

47 CFR Ch. I (10–1–10 Edition)
averaging and rate integration requirements.

Subpart O—Interstate Pay-Per-Call and
Other Information Services
64.1501 Definitions.
64.1502 Limitations on the provision of payper-call services.
64.1503 Termination of pay-per-call and
other information programs.
64.1504 Restrictions on the use of toll-free
numbers.
64.1505 Restrictions on collect telephone
calls.
64.1506 Number designation.
64.1507 Prohibition on disconnection or
interruption of service for failure to
remit pay-per-call and similar service
charges.
64.1508 Blocking access to 900 service.
64.1509 Disclosure and dissemination of payper-call information.
64.1510 Billing and collection of pay-per-call
and similar service charges.
64.1511 Forgiveness of charges and refunds.
64.1512 Involuntary blocking of pay-per-call
services.
64.1513 Verification of charitable status.
64.1514 Generation of signalling tones.
64.1515 Recovery of costs.

Subpart P—Calling Party Telephone
Number; Privacy
64.1600 Definitions.
64.1601 Delivery requirements and privacy
restrictions.
64.1602 Restrictions on use and sale of telephone subscriber information provided
pursuant to automatic number identification or charge number services.
64.1603 Customer notification.
64.1604 Effective date.

Subpart Q—Implementation of Section
273(d)(5) of the Communications Act:
Dispute Resolution Regarding Equipment Standards
64.1700
64.1701
64.1702
64.1703
64.1704

Purpose and scope.
Definitions.
Procedures.
Dispute resolution default process.
Frivolous disputes/penalties.

Subpart R—Geographic Rate Averaging
and Rate Integration

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64.1801 Geographic rate averaging and rate
integration.

Subpart S—Nondominant Interexchange
Carrier Certifications Regarding Geographic Rate Averaging and Rate Integration Requirements
64.1900 Nondominant interexchange carrier
certifications regarding geographic rate

Subpart T—Separate Affiliate Requirements
for Incumbent Independent Local Exchange Carriers That Provide In-Region,
Interstate
Domestic
Interexchange Services or In-Region International Interexchange Services
64.1901 Basis and purpose.
64.1902 Terms and definitions.
64.1903 Obligations of all incumbent independent local exchange carriers.

Subpart U—Customer Proprietary Network
Information
64.2001 Basis and purpose.
64.2003 Definitions.
64.2005 Use of customer proprietary network
information without customer approval.
64.2007 Approval required for use of customer proprietary network information.
64.2008 Notice required for use of customer
proprietary network information.
64.2009 Safeguards required for use of customer proprietary network information.
64.2010 Safeguards on the disclosure of customer proprietary network information.
64.2011 Notification of customer proprietary network information security
breaches.

Subparts V–W [Reserved]
Subpart X—Subscriber List Information
64.2301 Basis and purpose.
64.2305 Definitions.
64.2309 Provision of subscriber list information.
64.2313 Timely basis.
64.2317 Unbundled basis.
64.2321 Nondiscriminatory rates, terms, and
conditions.
64.2325 Reasonable rates, terms, and conditions.
64.2329 Format.
64.2333 Burden of proof.
64.2337 Directory publishing purposes.
64.2341 Record keeping.
64.2345 Primary advertising classification.

Subpart Y—Truth-in-Billing Requirements for
Common Carriers
64.2400
64.2401

Purpose.
Scope.

Subpart Z—Prohibition on Exclusive
Telecommunications Contracts
64.2500
64.2501
64.2502

Prohibited agreements.
Scope of limitation.
Effect of state law or regulation.

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Federal Communications Commission

§ 64.201

Subpart AA—Universal Emergency
Telephone Number
64.3000 Definitions.
64.3001 Obligation to transmit 911 calls.
64.3002 Transition to 911 as the universal
emergency telephone number.
64.3003 Obligation for providing a permissive dialing period.
64.3004 Obligation for providing an intercept
message.

Subpart BB—Restrictions on Unwanted
Mobile Service Commercial Messages
64.3100 Restrictions on mobile service commercial messages.

Supbart CC—Customer Account Record
Exchange Requirements
64.4000 Basis and purpose.
64.4001 Definitions.
64.4002 Notification obligations of LECs.
64.4003 Notification obligations of IXCs.
64.4004 Timeliness of required notifications.
64.4005 Unreasonable terms or conditions on
the provision of customer account information.
64.4006 Limitations on use of customer account information.

Subpart DD—Prepaid Calling Card
Providers
APPENDIX

A TO PART 64—TELECOMMUNICATIONS SERVICE PRIORITY (TSP) SYSTEM
FOR NATIONAL SECURITY EMERGENCY PREPAREDNESS (NSEP)
APPENDIX B TO PART 64—PRIORITY ACCESS
SERVICE (PAS) FOR NATIONAL SECURITY
AND EMERGENCY PREPAREDNESS (NSEP)

AUTHORITY: 47 U.S.C. 154, 254(k); secs.
403(b)(2)(B),(c), Pub. L. 104–104, 110 Stat. 56.
Interpret or apply 47 U.S.C. 201, 218, 222, 225,
226, 228, and 254 (k) unless otherwise noted.
SOURCE: 28 FR 13239, Dec. 5, 1963, unless
otherwise noted.

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Subpart A—Traffic Damage
Claims
§ 64.1 Traffic damage claims.
(a) Each carrier engaged in furnishing
radio-telegraph,
wire-telegraph, or ocean-cable service shall
maintain separate files for each damage claim of a traffic nature filed with
the carrier, showing the name, address,
and nature of business of the claimant,
the basis for the claim, disposition
made, and all correspondence, reports,
and records pertaining thereto. Such

files shall be preserved in accordance
with existing rules of the Commission
(part 42 of this chapter) and at points
(one or more) to be specifically designated by each carrier.
(b) The aforementioned carriers shall
make no payment as a result of any
traffic damage claim if the amount of
the payment would be in excess of the
total amount collected by the carrier
on the message or messages from which
the claim arose unless such claim be
presented to the carrier in writing
signed by the claimant and setting
forth the reason for the claim.

Subpart B—Restrictions on Indecent
Telephone
Message
Services
§ 64.201 Restrictions on indecent telephone message services.
(a) It is a defense to prosecution for
the provision of indecent communications under section 223(b)(2) of the
Communications Act of 1934, as amended (the Act), 47 U.S.C. 223(b)(2), that
the defendant has taken the action set
forth in paragraph (a)(1) of this section
and, in addition, has complied with the
following: Taken one of the actions set
forth in paragraphs (a)(2), (3), or (4) of
this section to restrict access to prohibited communications to persons
eighteen years of age or older, and has
additionally complied with paragraph
(a)(5) of this section, where applicable:
(1) Has notified the common carrier
identified in section 223(c)(1) of the
Act, in writing, that he or she is providing the kind of service described in
section 223(b)(2) of the Act.
(2) Requires payment by credit card
before transmission of the message; or
(3) Requires an authorized access or
identification code before transmission
of the message, and where the defendant has:
(i) Issued the code by mailing it to
the
applicant
after
reasonably
ascertaining through receipt of a written application that the applicant is
not under eighteen years of age; and
(ii) Established a procedure to cancel
immediately the code of any person
upon written, telephonic or other notice to the defendant’s business office
that such code has been lost, stolen, or
used by a person or persons under the

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§ 64.301

47 CFR Ch. I (10–1–10 Edition)

age of eighteen, or that such code is no
longer desired; or
(4) Scrambles the message using any
technique that renders the audio unintelligible and incomprehensible to the
calling party unless that party uses a
descrambler; and,
(5) Where the defendant is a message
sponsor subscriber to mass announcement services tariffed at this Commission and such defendant prior to the
transmission of the message has requested in writing to the carrier providing the public announcement service that calls to this message service be
subject to billing notification as an
adult telephone message service.
(b) A common carrier within the District of Columbia or within any State,
or in interstate or foreign commerce,
shall not, to the extent technically feasible, provide access to a communication described in section 223(b) of the
Act from the telephone of any subscriber who has not previously requested in writing the carrier to provide access to such communication if
the carrier collects from subscribers an
identifiable charge for such communication that the carrier remits, in
whole or in part, to the provider of
such communication.
[52 FR 17761, May 12, 1987, as amended at 55
FR 28916, July 16, 1990]

Subpart C—Furnishing of Facilities
to Foreign Governments for
International
Communications

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§ 64.301 Furnishing of facilities to foreign governments for international
communications.
Common carriers by wire and radio
shall, in accordance with section 201 of
the Communications Act, furnish services and facilities for communications
to any foreign government upon reasonable demand therefor: Provided,
however, That, if a foreign government
fails or refuses, upon reasonable demand, to furnish particular services
and facilities to the United States Government for communications between
the territory of that government and
the United States or any other point,
such carriers shall, to the extent specifically ordered by the Commission,

deny equivalent services or facilities in
the United States to such foreign government for communications between
the United States and the territory of
that foreign government or any other
point.
(Secs. 201, 214, 303, 308, 48 Stat. 1075, 1082,
1085; 47 U.S.C. 201, 214, 303, 308)
[28 FR 13242, Dec. 5, 1963]

Subpart D—Procedures for Handling Priority Services in Emergencies
§ 64.401 Policies and procedures for
provisioning and restoring certain
telecommunications
services
in
emergencies.
The communications common carrier
shall maintain and provision and, if
disrupted, restore facilities and services in accordance with policies and
procedures set forth in Appendix A to
this part.
[65 FR 48396, Aug. 8, 2000]

§ 64.402 Policies and procedures for
the provision of priority access
service by commercial mobile radio
service providers.
Commercial mobile radio service providers that elect to provide priority access service to National Security and
Emergency
Preparedness
personnel
shall provide priority access service in
accordance with the policies and procedures set forth in Appendix B to this
part.
[65 FR 48396, Aug. 8, 2000]

Subpart E—Use of Recording
Devices by Telephone Companies
§ 64.501 Recording of telephone conversations with telephone companies.
No telephone common carrier, subject in whole or in part to the Communications Act of 1934, as amended, may
use any recording device in connection
with any interstate or foreign telephone conversation between any member of the public, on the one hand, and
any officer, agent or other person acting for or employed by any such telephone common carrier, on the other

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Federal Communications Commission

§ 64.601

hand, except under the following conditions:
(a) Where such use shall be preceded
by verbal or written consent of all parties to the telephone conversation, or
(b) Where such use shall be preceded
by verbal notification which is recorded at the beginning, and as part of
the call, by the recording party, or
(c) Where such use shall be accompanied by an automatic tone warning
device,
which
will
automatically
produce a distinct signal that is repeated at regular intervals during the
course of the telephone conversation
when the recording device is in use.
Provided That:
(1) The characteristics of the warning
tone shall be the same as those specified in the Orders of this Commission
adopted by it in ‘‘Use of Recording Devices in Connection With Telephone
Service,’’ Docket 6787, 11 FCC 1033
(1947); 12 FCC 1005 (November 26, 1947);
12 FCC 1008 (May 20, 1948).
(d) That the characteristics of the
warning tone shall be the same as
those specified in the Orders of this
Commission adopted by it in ‘‘Use of
Recording Devices in Connection With
Telephone Service,’’ Docket 6787; 11
F.C.C. 1033 (1947); 12 F.C.C. 1005 (November 26, 1947); 12 F.C.C. 1008 (May 20,
1948);
(e) That no recording device shall be
used unless it can be physically connected to and disconnected from the
telephone line or switched on and off.

§ 64.601 Definitions and provisions of
general applicability.

(Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317;
48 Stat., as amended, 1064, 1065, 1066, 1068,
1081, 1082, 1083, 1084, 1085, 1089; 47 U.S.C. 152,
153, 154, 155, 301, 303, 307, 308, 309, 315, 317)
[32 FR 11275, Aug. 3, 1967, as amended at 46
FR 29480, June 2, 1981; 52 FR 3654, Feb. 5, 1987]

Subpart
F—Telecommunications
Relay Services and Related
Customer Premises Equipment
for Persons With Disabilities

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AUTHORITY: 47 U.S.C. 151–154, 225, 255, and
303(r).
SOURCE: 56 FR 36731, Aug. 1, 1991, unless
otherwise noted.

(a) For purposes of this subpart, the
terms Public Safety Answering Point
(PSAP), statewide default answering
point, and appropriate local emergency
authority are defined in 47 CFR 64.3000;
the terms pseudo-ANI and Wireline E911
Network are defined in 47 CFR 9.3; the
term affiliate is defined in 47 CFR
52.12(a)(1)(i), and the terms majority and
debt are defined in 47 CFR 52.12(a)(1)(ii).
(1) 711. The abbreviated dialing code
for accessing relay services anywhere
in the United States.
(2) American Sign Language (ASL). A
visual language based on hand shape,
position, movement, and orientation of
the hands in relation to each other and
the body.
(3) ANI. For 911 systems, the Automatic Number Identification (ANI)
identifies the calling party and may be
used as the callback number.
(4) ASCII. An acronym for American
Standard Code for Information Interexchange which employs an eight bit
code and can operate at any standard
transmission baud rate including 300,
1200, 2400, and higher.
(5) Baudot. A seven bit code, only five
of which are information bits. Baudot
is used by some text telephones to
communicate with each other at a 45.5
baud rate.
(6) Call release. A TRS feature that allows the CA to sign-off or be ‘‘released’’
from the telephone line after the CA
has set up a telephone call between the
originating TTY caller and a called
TTY party, such as when a TTY user
must go through a TRS facility to contact another TTY user because the
called TTY party can only be reached
through a voice-only interface, such as
a switchboard.
(7) Common carrier or carrier. Any
common carrier engaged in interstate
Communication by wire or radio as defined in section 3(h) of the Communications Act of 1934, as amended (the Act),
and any common carrier engaged in
intrastate communication by wire or
radio, notwithstanding sections 2(b)
and 221(b) of the Act.
(8) Communications assistant (CA). A
person who transliterates or interprets
conversation between two or more end

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§ 64.601

47 CFR Ch. I (10–1–10 Edition)

users of TRS. CA supersedes the term
‘‘TDD operator.’’
(9) Hearing carry over (HCO). A form
of TRS where the person with the
speech disability is able to listen to the
other end user and, in reply, the CA
speaks the text as typed by the person
with the speech disability. The CA does
not type any conversation. Two-line
HCO is an HCO service that allows TRS
users to use one telephone line for
hearing and the other for sending TTY
messages. HCO-to-TTY allows a relay
conversation to take place between an
HCO user and a TTY user. HCO-to-HCO
allows a relay conversation to take
place between two HCO users.
(10) Interconnected VoIP service. An
interconnected Voice over Internet
protocol (VoIP) service is a service
that:
(i) Enables real-time, two-way voice
communications;
(ii) Requires a broadband connection
from the user’s location;
(iii) Requires Internet protocol-compatible customer premises equipment
(CPE); and
(iv) Permits users generally to receive calls that originate on the public
switched telephone network and to terminate calls to the public switched
telephone network.
(11) Internet-based TRS. A telecommunications relay service (TRS) in
which an individual with a hearing or a
speech disability connects to a TRS
communications assistant using an
Internet Protocol-enabled device via
the Internet, rather than the public
switched telephone network. Internetbased TRS does not include the use of
a text telephone (TTY) over an interconnected voice over Internet Protocol
service.
(12) Internet Protocol Captioned Telephone Service (IP CTS). A telecommunications relay service that permits an
individual who can speak but who has
difficulty hearing over the telephone to
use a telephone and an Internet Protocol-enabled device via the Internet to
simultaneously listen to the other
party and read captions of what the
other party is saying. With IP CTS, the
connection carrying the captions between the relay service provider and
the relay service user is via the Inter-

net, rather than the public switched
telephone network.
(13) Internet Protocol Relay Service (IP
Relay). A telecommunications relay
service that permits an individual with
a hearing or a speech disability to communicate in text using an Internet
Protocol-enabled device via the Internet, rather than using a text telephone
(TTY) and the public switched telephone network.
(14) Non-English language relay service.
A telecommunications relay service
that allows persons with hearing or
speech disabilities who use languages
other than English to communicate
with voice telephone users in a shared
language other than English, through a
CA who is fluent in that language.
(15) Numbering Partner. Any entity
with which an Internet-based TRS provider has entered into a commercial arrangement to obtain North American
Numbering Plan telephone numbers.
(16) Qualified interpreter. An interpreter who is able to interpret effectively, accurately, and impartially,
both receptively and expressively,
using any necessary specialized vocabulary.
(17) Registered Location. The most recent information obtained by a VRS or
IP Relay provider that identifies the
physical location of an end user.
(18) Registered Internet-based TRS
User. An individual that has registered
with a VRS or IP Relay provider as described in § 64.611 of this chapter.
(19) Speech-to-speech relay service
(STS). A telecommunications relay
service that allows individuals with
speech disabilities to communicate
with voice telephone users through the
use of specially trained CAs who understand the speech patterns of persons
with speech disabilities and can repeat
the words spoken by that person.
(20) Speed dialing. A TRS feature that
allows a TRS user to place a call using
a stored number maintained by the
TRS facility. In the context of TRS,
speed dialing allows a TRS user to give
the CA a short-hand’’ name or number
for the user’s most frequently called
telephone numbers.
(21) Telecommunications relay services
(TRS). Telephone transmission services

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erowe on DSK5CLS3C1PROD with CFR

Federal Communications Commission

§ 64.603

that provide the ability for an individual who has a hearing or speech disability to engage in communication by
wire or radio with a hearing individual
in a manner that is functionally equivalent to the ability of an individual
who does not have a hearing or speech
disability to communicate using voice
communication services by wire or
radio. Such term includes services that
enable two-way communication between an individual who uses a text
telephone or other nonvoice terminal
device and an individual who does not
use such a device, speech-to-speech
services, video relay services and nonEnglish relay services. TRS supersedes
the terms ‘‘dual party relay system,’’
‘‘message relay services,’’ and ‘‘TDD
Relay.’’
(22) Text telephone (TTY). A machine
that employs graphic communication
in the transmission of coded signals
through a wire or radio communication
system. TTY supersedes the term
‘‘TDD’’ or ‘‘telecommunications device
for the deaf,’’ and TT.
(23) Three-way calling feature. A TRS
feature that allows more than two parties to be on the telephone line at the
same time with the CA.
(24) TRS Numbering Administrator. The
neutral administrator of the TRS Numbering Directory selected based on a
competitive bidding process.
(25) TRS Numbering Directory. The
database administered by the TRS
Numbering Administrator, the purpose
of which is to map each Registered
Internet-based TRS User’s NANP telephone number to his or her end device.
(26) Video relay service (VRS). A telecommunications relay service that allows people with hearing or speech disabilities who use sign language to communicate with voice telephone users
through video equipment. The video
link allows the CA to view and interpret the party’s signed conversation
and relay the conversation back and
forth with a voice caller.
(27) Voice carry over (VCO). A form of
TRS where the person with the hearing
disability is able to speak directly to
the other end user. The CA types the
response back to the person with the
hearing disability. The CA does not
voice the conversation. Two-line VCO
is a VCO service that allows TRS users

to use one telephone line for voicing
and the other for receiving TTY messages. A VCO-to-TTY TRS call allows a
relay conversation to take place between a VCO user and a TTY user.
VCO-to-VCO allows a relay conversation to take place between two VCO
users.
(b) For purposes of this subpart, all
regulations and requirements applicable to common carriers shall also be
applicable to providers of interconnected VoIP service.
[68 FR 50976, Aug. 25, 2003, as amended at 69
FR 53351, Sept. 1, 2004; 72 FR 43559, Aug. 6,
2007; 73 FR 41294, July 18, 2008]

§ 64.602

Jurisdiction.

Any violation of this subpart F by
any common carrier engaged in intrastate communication shall be subject
to the same remedies, penalties, and
procedures as are applicable to a violation of the Act by a common carrier
engaged in interstate communication.
[65 FR 38436, June 21, 2000]

§ 64.603

Provision of services.

Each common carrier providing telephone voice transmission services shall
provide, not later than July 26, 1993, in
compliance with the regulations prescribed herein, throughout the area in
which it offers services, telecommunications relay services, individually,
through designees, through a competitively selected vendor, or in concert
with other carriers. Speech-to-speech
relay service and interstate Spanish
language relay service shall be provided by March 1, 2001. In addition,
each common carrier providing telephone voice transmission services shall
provide, not later than October 1, 2001,
access via the 711 dialing code to all
relay services as a toll free call. A common carrier shall be considered to be in
compliance with these regulations:
(a) With respect to intrastate telecommunications relay services in any
state that does not have a certified
program under § 64.606 and with respect
to interstate telecommunications relay
services, if such common carrier (or
other entity through which the carrier
is providing such relay services) is in
compliance with § 64.604; or

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(b) With respect to intrastate telecommunications relay services in any
state that has a certified program
under § 64.606 for such state, if such
common carrier (or other entity
through which the carrier is providing
such relay services) is in compliance
with the program certified under
§ 64.606 for such state.
[65 FR 38436, June 21, 2000, as amended at 66
FR 67114, Dec. 28, 2001; 73 FR 21258, Apr. 21,
2008]

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§ 64.604 Mandatory
ards.

minimum

stand-

The standards in this section are applicable December 18, 2000, except as
stated in paragraphs (c)(2) and (c)(7) of
this section.
(a) Operational standards—(1) Communications assistant (CA). (i) TRS providers are responsible for requiring
that all CAs be sufficiently trained to
effectively meet the specialized communications needs of individuals with
hearing and speech disabilities.
(ii) CAs must have competent skills
in typing, grammar, spelling, interpretation of typewritten ASL, and familiarity with hearing and speech disability cultures, languages and etiquette. CAs must possess clear and articulate voice communications.
(iii) CAs must provide a typing speed
of a minimum of 60 words per minute.
Technological aids may be used to
reach the required typing speed. Providers must give oral-to-type tests of
CA speed.
(iv) TRS providers are responsible for
requiring that VRS CAs are qualified
interpreters. A ‘‘qualified interpreter’’
is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.
(v) CAs answering and placing a TTYbased TRS or VRS call must stay with
the call for a minimum of ten minutes.
CAs answering and placing an STS call
must stay with the call for a minimum
of fifteen minutes.
(vi) TRS providers must make best
efforts to accommodate a TRS user’s
requested CA gender when a call is initiated and, if a transfer occurs, at the
time the call is transferred to another
CA.

(vii) TRS shall transmit conversations between TTY and voice callers in
real time.
(2) Confidentiality and conversation
content. (i) Except as authorized by section 705 of the Communications Act, 47
U.S.C. 605, CAs are prohibited from disclosing the content of any relayed conversation regardless of content, and
with a limited exception for STS CAs,
from keeping records of the content of
any conversation beyond the duration
of a call, even if to do so would be inconsistent with state or local law. STS
CAs may retain information from a
particular call in order to facilitate the
completion of consecutive calls, at the
request of the user. The caller may request the STS CA to retain such information, or the CA may ask the caller if
he wants the CA to repeat the same information during subsequent calls. The
CA may retain the information only
for as long as it takes to complete the
subsequent calls.
(ii) CAs are prohibited from intentionally altering a relayed conversation and, to the extent that it is not inconsistent with federal, state or local
law regarding use of telephone company facilities for illegal purposes,
must relay all conversation verbatim
unless the relay user specifically requests summarization, or if the user requests interpretation of an ASL call.
An STS CA may facilitate the call of
an STS user with a speech disability so
long as the CA does not interfere with
the independence of the user, the user
maintains control of the conversation,
and the user does not object. Appropriate measures must be taken by
relay providers to ensure that confidentiality of VRS users is maintained.
(3) Types of calls. (i) Consistent with
the obligations of telecommunications
carrier operators, CAs are prohibited
from refusing single or sequential calls
or limiting the length of calls utilizing
relay services.
(ii) Relay services shall be capable of
handling any type of call normally provided by telecommunications carriers
unless the Commission determines that
it is not technologically feasible to do
so. Relay service providers have the
burden of proving the infeasibility of
handling any type of call.

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(iii) Relay service providers are permitted to decline to complete a call because credit authorization is denied.
(iv) Relay services shall be capable of
handling pay-per-call calls.
(v) TRS providers are required to provide the following types of TRS calls:
(1) Text-to-voice and voice-to-text; (2)
VCO, two-line VCO, VCO-to-TTY, and
VCO-to-VCO; (3) HCO, two-line HCO,
HCO-to-TTY, HCO-to-HCO.
(vi) TRS providers are required to
provide the following features: (1) Call
releasefunctionality; (2) speed dialing
functionality; and (3) three-way calling
functionality.
(vii) Voice mail and interactive
menus. CAs must alert the TRS user to
the presence of a recorded message and
interactive menu through a hot key on
the CA’s terminal. The hot key will
send text from the CA to the consumer’s TTY indicating that a recording or interactive menu has been encountered. Relay providers shall electronically capture recorded messages
and retain them for the length of the
call. Relay providers may not impose
any charges for additional calls, which
must be made by the relay user in
order to complete calls involving recorded or interactive messages.
(viii) TRS providers shall provide, as
TRS features, answering machine and
voice mail retrieval.
(4) Emergency call handling requirements for TTY-based TRS providers.
TTY-based TRS providers must use a
system for incoming emergency calls
that, at a minimum, automatically and
immediately transfers the caller to an
appropriate Public Safety Answering
Point (PSAP). An appropriate PSAP is
either a PSAP that the caller would
have reached if he had dialed 911 directly, or a PSAP that is capable of enabling the dispatch of emergency services to the caller in an expeditious
manner.
(5) STS called numbers. Relay providers must offer STS users the option
to maintain at the relay center a list of
names and telephone numbers which
the STS user calls. When the STS user
requests one of these names, the CA
must repeat the name and state the
telephone number to the STS user.
This information must be transferred
to any new STS provider.

(b) Technical standards—(1) ASCII and
Baudot. TRS shall be capable of communicating with ASCII and Baudot format, at any speed generally in use.
(2) Speed of answer. (i) TRS providers
shall ensure adequate TRS facility
staffing to provide callers with efficient access under projected calling
volumes, so that the probability of a
busy response due to CA unavailability
shall be functionally equivalent to
what a voice caller would experience in
attempting to reach a party through
the voice telephone network.
(ii) TRS facilities shall, except during network failure, answer 85% of all
calls within 10 seconds by any method
which results in the caller’s call immediately being placed, not put in a queue
or on hold. The ten seconds begins at
the time the call is delivered to the
TRS facility’s network. A TRS facility
shall ensure that adequate network facilities shall be used in conjunction
with TRS so that under projected calling volume the probability of a busy
response due to loop trunk congestion
shall be functionally equivalent to
what a voice caller would experience in
attempting to reach a party through
the voice telephone network.
(A) The call is considered delivered
when the TRS facility’s equipment accepts the call from the local exchange
carrier (LEC) and the public switched
network actually delivers the call to
the TRS facility.
(B) Abandoned calls shall be included
in the speed-of-answer calculation.
(C) A TRS provider’s compliance with
this rule shall be measured on a daily
basis.
(D) The system shall be designed to a
P.01 standard.
(E) A LEC shall provide the call attempt rates and the rates of calls
blocked between the LEC and the TRS
facility to relay administrators and
TRS providers upon request.
(iii) Speed of answer requirements for
VRS providers are phased-in as follows:
by January 1, 2006, VRS providers must
answer 80% of all calls within 180 seconds, measured on a monthly basis; by
July 1, 2006, VRS providers must answer 80% of all calls within 150 seconds,
measured on a monthly basis; and by
Janury 1, 2007, VRS providers must answer 80% of all calls within 120 seconds,

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measured on a monthly basis. Abandoned calls shall be included in the
VRS speed of answer calculation.
(3) Equal access to interexchange carriers. TRS users shall have access to
their chosen interexchange carrier
through the TRS, and to all other operator services, to the same extent that
such access is provided to voice users.
(4) TRS facilities. (i) TRS shall operate
every day, 24 hours a day. Relay services that are not mandated by this
Commission need not be provided every
day, 24 hours a day, except VRS.
(ii) TRS shall have redundancy features functionally equivalent to the
equipment in normal central offices,
including uninterruptible power for
emergency use.
(5) Technology. No regulation set
forth in this subpart is intended to discourage or impair the development of
improved technology that fosters the
availability of telecommunications to
person with disabilities. TRS facilities
are permitted to use SS7 technology or
any other type of similar technology to
enhance the functional equivalency
and quality of TRS. TRS facilities that
utilize SS7 technology shall be subject
to the Calling Party Telephone Number
rules set forth at 47 CFR 64.1600 et seq.
(6) Caller ID. When a TRS facility is
able to transmit any calling party
identifying information to the public
network, the TRS facility must pass
through, to the called party, at least
one of the following: the number of the
TRS facility, 711, or the 10-digit number of the calling party.
(c) Functional standards—(1) Consumer
complaint logs.(i) States and interstate
providers must maintain a log of consumer complaints including all complaints about TRS in the state, whether filed with the TRS provider or the
State, and must retain the log until
the next application for certification is
granted. The log shall include, at a
minimum, the date the complaint was
filed, the nature of the complaint, the
date of resolution, and an explanation
of the resolution.
(ii) Beginning July 1, 2002, states and
TRS providers shall submit summaries
of logs indicating the number of complaints received for the 12-month period ending May 31 to the Commission
by July 1 of each year. Summaries of

logs submitted to the Commission on
July 1, 2001 shall indicate the number
of complaints received from the date of
OMB approval through May 31, 2001.
(2) Contact persons. Beginning on
June 30, 2000, State TRS Programs,
interstate TRS providers, and TRS providers that have state contracts must
submit to the Commission a contact
person and/or office for TRS consumer
information and complaints about a
certified State TRS Program’s provision of intrastate TRS, or, as appropriate, about the TRS provider’s service. This submission must include, at a
minimum, the following:
(i) The name and address of the office
that receives complaints, grievances,
inquiries, and suggestions;
(ii) Voice and TTY telephone numbers, fax number, e-mail address, and
web address; and
(iii) The physical address to which
correspondence should be sent.
(3) Public access to information. Carriers, through publication in their directories, periodic billing inserts,
placement of TRS instructions in telephone directories, through directory
assistance services, and incorporation
of TTY numbers in telephone directories, shall assure that callers in their
service areas are aware of the availability and use of all forms of TRS. Efforts to educate the public about TRS
should extend to all segments of the
public, including individuals who are
hard of hearing, speech disabled, and
senior citizens as well as members of
the general population. In addition,
each common carrier providing telephone voice transmission services shall
conduct, not later than October 1, 2001,
ongoing education and outreach programs that publicize the availability of
711 access to TRS in a manner reasonably designed to reach the largest number of consumers possible.
(4) Rates. TRS users shall pay rates
no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the
time of day, and the distance from the
point of origination to the point of termination.
(5) Jurisdictional separation of costs—
(i) General. Where appropriate, costs of

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providing TRS shall be separated in accordance with the jurisdictional separation procedures and standards set
forth in the Commission’s regulations
adopted pursuant to section 410 of the
Communications Act of 1934, as amended.
(ii) Cost recovery. Costs caused by
interstate TRS shall be recovered from
all subscribers for every interstate
service, utilizing a shared-funding cost
recovery mechanism. Except as noted
in this paragraph, with respect to VRS,
costs caused by intrastate TRS shall be
recovered from the intrastate jurisdiction. In a state that has a certified program under § 64.606, the state agency
providing TRS shall, through the
state’s regulatory agency, permit a
common carrier to recover costs incurred in providing TRS by a method
consistent with the requirements of
this section. Costs caused by the provision of interstate and intrastate VRS
shall be recovered from all subscribers
for every interstate service, utilizing a
shared-funding cost recovery mechanism.
(iii) Telecommunications Relay Services
Fund. Effective July 26, 1993, an Interstate Cost Recovery Plan, hereinafter
referred to as the TRS Fund, shall be
administered by an entity selected by
the Commission (administrator). The
initial administrator, for an interim
period, will be the National Exchange
Carrier Association, Inc.
(A) Contributions. Every carrier providing interstate telecommunications
services shall contribute to the TRS
Fund on the basis of interstate enduser telecommunications revenues as
described herein. Contributions shall
be made by all carriers who provide
interstate services, including, but not
limited to, cellular telephone and paging, mobile radio, operator services,
personal
communications
service
(PCS), access (including subscriber line
charges), alternative access and special
access, packet-switched, WATS, 800,
900, message telephone service (MTS),
private line, telex, telegraph, video,
satellite, intraLATA, international and
resale services.
(B) Contribution computations. Contributors’ contribution to the TRS
fund shall be the product of their subject revenues for the prior calendar

year and a contribution factor determined annually by the Commission.
The contribution factor shall be based
on the ratio between expected TRS
Fund expenses to interstate end-user
telecommunications revenues. In the
event that contributions exceed TRS
payments and administrative costs, the
contribution factor for the following
year will be adjusted by an appropriate
amount, taking into consideration projected cost and usage changes. In the
event that contributions are inadequate, the fund administrator may request authority from the Commission
to borrow funds commercially, with
such debt secured by future years’ contributions. Each subject carrier must
contribute at least $25 per year. Carriers whose annual contributions total
less than $1,200 must pay the entire
contribution at the beginning of the
contribution period. Service providers
whose contributions total $1,200 or
more may divide their contributions
into equal monthly payments. Carriers
shall complete and submit, and contributions shall be based on, a ‘‘Telecommunications
Reporting
Worksheet’’ (as published by the Commission in the FEDERAL REGISTER). The
worksheet shall be certified to by an
officer of the contributor, and subject
to verification by the Commission or
the administrator at the discretion of
the Commission. Contributors’ statements in the worksheet shall be subject to the provisions of section 220 of
the Communications Act of 1934, as
amended. The fund administrator may
bill contributors a separate assessment
for reasonable administrative expenses
and interest resulting from improper
filing or overdue contributions. The
Chief of the Consumer & Governmental
Affairs Bureau may waive, reduce,
modify or eliminate contributor reporting requirements that prove unnecessary and require additional reporting
requirements that the Bureau deems
necessary to the sound and efficient administration of the TRS Fund.
(C) Data collection from TRS providers.
TRS providers shall provide the administrator with true and adequate data,
and other historical, projected and
state rate related information reasonably requested by the administrator,

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necessary to determine TRS Fund revenue requirements and payments. TRS
providers shall provide the administrator with the following: total TRS
minutes of use, total interstate TRS
minutes of use, total TRS operating expenses and total TRS investment in
general accordance with part 32 of this
chapter, and other historical or projected information reasonably requested by the administrator for purposes of computing payments and revenue requirements. The administrator
and the Commission shall have the authority to examine, verify and audit
data received from TRS providers as
necessary to assure the accuracy and
integrity of TRS Fund payments.
(D) [Reserved]
(E) Payments to TRS providers. TRS
Fund payments shall be distributed to
TRS providers based on formulas approved or modified by the Commission.
The administrator shall file schedules
of payment formulas with the Commission. Such formulas shall be designed
to compensate TRS providers for reasonable costs of providing interstate
TRS, and shall be subject to Commission approval. Such formulas shall be
based on total monthly interstate TRS
minutes of use. TRS minutes of use for
purposes of interstate cost recovery
under the TRS Fund are defined as the
minutes of use for completed interstate
TRS calls placed through the TRS center beginning after call set-up and concluding after the last message call
unit. In addition to the data required
under paragraph (c)(5)(iii)(C) of this
section, all TRS providers, including
providers who are not interexchange
carriers, local exchange carriers, or
certified state relay providers, must
submit reports of interstate TRS minutes of use to the administrator in
order to receive payments. The administrator shall establish procedures to
verify payment claims, and may suspend or delay payments to a TRS provider if the TRS provider fails to provide adequate verification of payment
upon reasonable request, or if directed
by the Commission to do so. The TRS
Fund administrator shall make payments only to eligible TRS providers
operating pursuant to the mandatory
minimum standards as required in
§ 64.604, and after disbursements to the

administrator for reasonable expenses
incurred by it in connection with TRS
Fund administration. TRS providers
receiving payments shall file a form
prescribed by the administrator. The
administrator shall fashion a form that
is consistent with parts 32 and 36 procedures reasonably tailored to meet the
needs of TRS providers. The Commission shall have authority to audit providers and have access to all data, including carrier specific data, collected
by the fund administrator. The fund
administrator shall have authority to
audit TRS providers reporting data to
the administrator. The formulas should
appropriately compensate interstate
providers for the provision of VRS,
whether intrastate or interstate.
(F) TRS providers eligible for receiving payments from the TRS Fund are:
(1) TRS facilities operated under contract with and/or by certified state
TRS programs pursuant to § 64.606; or
(2) TRS facilities owned by or operated under contract with a common
carrier providing interstate services
operated pursuant to § 64.604; or
(3) Interstate common carriers offering TRS pursuant to § 64.604; or
(4) Video Relay Service (VRS) and
Internet Protocol (IP) Relay providers
certified by the Commission pursuant
to § 64.606.
(G) Any eligible TRS provider as defined in paragraph (c)(5)(iii)(F) of this
section shall notify the administrator
of its intent to participate in the TRS
Fund thirty (30) days prior to submitting reports of TRS interstate minutes
of use in order to receive payment settlements for interstate TRS, and failure to file may exclude the TRS provider from eligibility for the year.
(H) Administrator reporting, monitoring, and filing requirements. The
administrator shall perform all filing
and reporting functions required in
paragraphs
(c)(5)(iii)(A)
through
(c)(5)(iii)(J) of this section. TRS payment formulas and revenue requirements shall be filed with the Commission on May 1 of each year, to be effective the following July 1. The administrator shall report annually to the
Commission an itemization of monthly

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administrative costs which shall consist of all expenses, receipts, and payments associated with the administration of the TRS Fund. The administrator is required to keep the TRS
Fund separate from all other funds administered by the administrator, shall
file a cost allocation manual (CAM)
and shall provide the Commission full
access to all data collected pursuant to
the administration of the TRS Fund.
The administrator shall account for
the financial transactions of the TRS
Fund in accordance with generally accepted accounting principles for federal
agencies and maintain the accounts of
the TRS Fund in accordance with the
United States Government Standard
General Ledger. When the administrator, or any independent auditor
hired by the administrator, conducts
audits of providers of services under
the TRS program or contributors to
the TRS Fund, such audits shall be
conducted in accordance with generally accepted government auditing
standards. In administering the TRS
Fund, the administrator shall also
comply with all relevant and applicable federal financial management and
reporting statutes. The administrator
shall establish a non-paid voluntary
advisory committee of persons from
the hearing and speech disability community, TRS users (voice and text telephone), interstate service providers,
state representatives, and TRS providers, which will meet at reasonable
intervals (at least semi-annually) in
order to monitor TRS cost recovery
matters. Each group shall select its
own representative to the committee.
The administrator’s annual report
shall include a discussion of the advisory committee deliberations.
(I) Information filed with the administrator. The Chief Executive Officer
(CEO), Chief Financial Officer (CFO),
or other senior executive of a provider
submitting minutes to the Fund for
compensation must, in each instance,
certify, under penalty of perjury, that
the minutes were handled in compliance with section 225 and the Commission’s rules and orders, and are not the
result of impermissible financial incentives or payments to generate calls.
The CEO, CFO, or other senior executive of a provider submitting cost and

demand data to the TRS Fund administrator shall certify under penalty of
perjury that such information is true
and correct. The administrator shall
keep all data obtained from contributors and TRS providers confidential
and shall not disclose such data in
company-specific form unless directed
to do so by the Commission. Subject to
any restrictions imposed by the Chief
of the Consumer and Governmental Affairs Bureau, the TRS Fund administrator may share data obtained from
carriers with the administrators of the
universal support mechanisms (see
§ 54.701 of this chapter), the North
American Numbering Plan administration cost recovery (see § 52.16 of this
chapter), and the long-term local number portability cost recovery (see § 52.32
of this chapter). The TRS Fund administrator shall keep confidential all data
obtained from other administrators.
The administrator shall not use such
data except for purposes of administering the TRS Fund, calculating the
regulatory fees of interstate common
carriers, and aggregating such fee payments for submission to the Commission. The Commission shall have access
to all data reported to the administrator, and authority to audit TRS providers. Contributors may make requests for Commission nondisclosure of
company-specific revenue information
under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the time that the
subject data are submitted. The Commission shall make all decisions regarding nondisclosure of company-specific information.
(J) The administrator’s performance
and this plan shall be reviewed by the
Commission after two years.
(K) All parties providing services or
contributions or receiving payments
under this section are subject to the
enforcement provisions specified in the
Communications Act, the Americans
with Disabilities Act, and the Commission’s rules.
(6) Complaints—(i) Referral of complaint. If a complaint to the Commission alleges a violation of this subpart
with respect to intrastate TRS within
a state and certification of the program of such state under § 64.606 is in

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effect, the Commission shall refer such
complaint to such state expeditiously.
(ii) Intrastate complaints shall be resolved by the state within 180 days
after the complaint is first filed with a
state entity, regardless of whether it is
filed with the state relay administrator, a state PUC, the relay provider,
or with any other state entity.
(iii) Jurisdiction of Commission. After
referring a complaint to a state entity
under paragraph (c)(6)(i) of this section, or if a complaint is filed directly
with a state entity, the Commission
shall exercise jurisdiction over such
complaint only if:
(A) Final action under such state
program has not been taken within:
(1) 180 days after the complaint is
filed with such state entity; or
(2) A shorter period as prescribed by
the regulations of such state; or
(B) The Commission determines that
such state program is no longer qualified for certification under § 64.606.
(iv) The Commission shall resolve
within 180 days after the complaint is
filed with the Commission any interstate TRS complaint alleging a violation of section 225 of the Act or any
complaint involving intrastate relay
services in states without a certified
program. The Commission shall resolve
intrastate complaints over which it exercises jurisdiction under paragraph
(c)(6)(iii) of this section within 180
days.
(v) Complaint procedures. Complaints
against TRS providers for alleged violations of this subpart may be either
informal or formal.
(A) Informal complaints—(1) Form. An
informal complaint may be transmitted to the Consumer & Governmental Affairs Bureau by any reasonable means, such as letter, facsimile
transmission, telephone (voice/TRS/
TTY), Internet e-mail, or some other
method that would best accommodate
a complainant’s hearing or speech disability.
(2) Content. An informal complaint
shall include the name and address of
the complainant; the name and address
of the TRS provider against whom the
complaint is made; a statement of facts
supporting the complainant’s allegation that the TRS provided it has violated or is violating section 225 of the

Act and/or requirements under the
Commission’s rules; the specific relief
or satisfaction sought by the complainant; and the complainant’s preferred
format or method of response to the
complaint by the Commission and the
defendant TRS provider (such as letter,
facsimile
transmission,
telephone
(voice/TRS/TTY), Internet e-mail, or
some other method that would best accommodate the complainant’s hearing
or speech disability).
(3) Service; designation of agents. The
Commission shall promptly forward
any complaint meeting the requirements of this subsection to the TRS
provider named in the complaint. Such
TRS provider shall be called upon to
satisfy or answer the complaint within
the time specified by the Commission.
Every TRS provider shall file with the
Commission a statement designating
an agent or agents whose principal responsibility will be to receive all complaints, inquiries, orders, decisions,
and notices and other pronouncements
forwarded by the Commission. Such
designation shall include a name or department designation, business address, telephone number (voice and
TTY), facsimile number and, if available, internet e-mail address.
(B) Review and disposition of informal
complaints. (1) Where it appears from
the TRS provider’s answer, or from
other communications with the parties, that an informal complaint has
been satisfied, the Commission may, in
its discretion, consider the matter
closed without response to the complainant or defendant. In all other
cases, the Commission shall inform the
parties of its review and disposition of
a complaint filed under this subpart.
Where practicable, this information
shall be transmitted to the complainant and defendant in the manner requested by the complainant (e.g., letter, facsmile transmission, telephone
(voice/TRS/TTY) or Internet e-mail.
(2) A complainant unsatisfied with
the defendant’s response to the informal complaint and the staff’s decision
to terminate action on the informal
complaint may file a formal complaint
with the Commission pursuant to paragraph (c)(6)(v)(C) of this section.
(C) Formal complaints. A formal complaint shall be in writing, addressed to

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erowe on DSK5CLS3C1PROD with CFR

Federal Communications Commission

§ 64.604

the Federal Communications Commission,
Enforcement
Bureau,
Telecommunications Consumer Division,
Washington, DC 20554 and shall contain:
(1) The name and address of the complainant,
(2) The name and address of the defendant against whom the complaint is
made,
(3) A complete statement of the facts,
including supporting data, where available, showing that such defendant did
or omitted to do anything in contravention of this subpart, and
(4) The relief sought.
(D) Amended complaints. An amended
complaint setting forth transactions,
occurrences or events which have happened since the filing of the original
complaint and which relate to the
original cause of action may be filed
with the Commission.
(E) Number of copies. An original and
two copies of all pleadings shall be
filed.
(F) Service. (1) Except where a complaint is referred to a state pursuant to
§ 64.604(c)(6)(i), or where a complaint is
filed directly with a state entity, the
Commission will serve on the named
party a copy of any complaint or
amended complaint filed with it, together with a notice of the filing of the
complaint. Such notice shall call upon
the defendant to satisfy or answer the
complaint in writing within the time
specified in said notice of complaint.
(2) All subsequent pleadings and
briefs shall be served by the filing
party on all other parties to the proceeding in accordance with the requirements of § 1.47 of this chapter. Proof of
such service shall also be made in accordance with the requirements of said
section.
(G) Answers to complaints and amended
complaints. Any party upon whom a
copy of a complaint or amended complaint is served under this subpart
shall serve an answer within the time
specified by the Commission in its notice of complaint. The answer shall advise the parties and the Commission
fully and completely of the nature of
the defense and shall respond specifically to all material allegations of the
complaint. In cases involving allegations of harm, the answer shall indi-

cate what action has been taken or is
proposed to be taken to stop the occurrence of such harm. Collateral or immaterial issues shall be avoided in answers and every effort should be made
to narrow the issues. Matters alleged
as affirmative defenses shall be separately stated and numbered. Any defendant failing to file and serve an answer within the time and in the manner prescribed may be deemed in default.
(H) Replies to answers or amended answers. Within 10 days after service of an
answer or an amended answer, a complainant may file and serve a reply
which shall be responsive to matters
contained in such answer or amended
answer and shall not contain new matter. Failure to reply will not be deemed
an admission of any allegation contained in such answer or amended answer.
(I) Defective pleadings. Any pleading
filed in a complaint proceeding that is
not in substantial conformity with the
requirements of the applicable rules in
this subpart may be dismissed.
(7) Treatment of TRS customer information. Beginning on July 21, 2000, all future contracts between the TRS administrator and the TRS vendor shall provide for the transfer of TRS customer
profile data from the outgoing TRS
vendor to the incoming TRS vendor.
Such data must be disclosed in usable
form at least 60 days prior to the provider’s last day of service provision.
Such data may not be used for any purpose other than to connect the TRS
user with the called parties desired by
that TRS user. Such information shall
not be sold, distributed, shared or revealed in any other way by the relay
center or its employees, unless compelled to do so by lawful order.
[65 FR 38436, June 21, 2000]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 64.604, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and on GPO Access.
EFFECTIVE DATE NOTE: At 75 FR 39860, July
13, 2010, § 64.604 (c)(5)(iii)(I) was revised. This
section contains information collection and
recordkeeping requirements and will not become effective until approval has been given
by the Office of Management and Budget.

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§ 64.605

47 CFR Ch. I (10–1–10 Edition)

§ 64.605 Emergency calling requirements.
(a) Additional Emergency Calling Requirements Applicable to Internet-based
TRS Providers.
(1) As of December 31, 2008, the requirements of paragraphs (a)(2)(i) and
(a)(2)(iv) of this section shall not apply
to providers of VRS and IP Relay to
which § 64.605(b) applies.
(2) Each provider of Internet-based
TRS shall:
(i) Accept and handle emergency
calls and access, either directly or via
a third party, a commercially available
database that will allow the provider
to determine an appropriate PSAP,
designated statewide default answering
point, or appropriate local emergency
authority that corresponds to the caller’s location, and to relay the call to
that entity;
(ii) Implement a system that ensures
that the provider answers an incoming
emergency call before other non-emergency calls (i.e., prioritize emergency
calls and move them to the top of the
queue);
(iii) Request, at the beginning of each
emergency call, the caller’s name and
location information, unless the Internet-based TRS provider already has, or
has access to, a Registered Location
for the caller;
(iv) Deliver to the PSAP, designated
statewide default answering point, or
appropriate local emergency authority,
at the outset of the outbound leg of an
emergency call, at a minimum, the
name of the relay user and location of
the emergency, as well as the name of
the relay provider, the CA’s callback
number, and the CA’s identification
number, thereby enabling the PSAP,
designated statewide default answering
point, or appropriate local emergency
authority to re-establish contact with
the CA in the event the call is disconnected;
(v) In the event one or both legs of an
emergency call are disconnected (i.e.,
either the call between the TRS user
and the CA, or the outbound voice telephone call between the CA and the
PSAP, designated statewide default answering point, or appropriate local
emergency authority), immediately reestablish contact with the TRS user
and/or the appropriate PSAP, des-

ignated statewide default answering
point, or appropriate local emergency
authority and resume handling the
call; and
(vi) Ensure that information obtained as a result of this section is limited to that needed to facilitate 911
services, is made available only to
emergency call handlers and emergency response or law enforcement personnel, and is used for the sole purpose
of ascertaining a user’s location in an
emergency situation or for other emergency or law enforcement purposes.
(b) E911 Service for VRS and IP Relay—
(1) Scope. The following requirements
are only applicable to providers of VRS
or IP Relay. Further, the following requirements apply only to 911 calls
placed by registered users whose Registered Location is in a geographic area
served by a Wireline E911 Network and
is available to the provider handling
the call.
(2) E911 Service. As of December 31,
2008:
(i) VRS or IP Relay providers must,
as a condition of providing service to a
user, provide that user with E911 service as described in this section;
(ii) VRS or IP Relay providers must
transmit all 911 calls, as well as ANI,
the caller’s Registered Location, the
name of the VRS or IP Relay provider,
and the CA’s identification number for
each call, to the PSAP, designated
statewide default answering point, or
appropriate local emergency authority
that serves the caller’s Registered Location and that has been designated for
telecommunications carriers pursuant
to § 64.3001 of this chapter, provided
that ‘‘all 911 calls’’ is defined as ‘‘any
communication initiated by an VRS or
IP Relay user dialing 911’’;
(iii) All 911 calls must be routed
through the use of ANI and, if necessary, pseudo-ANI, via the dedicated
Wireline E911 Network; and
(iv) The Registered Location, the
name of the VRS or IP Relay provider,
and the CA’s identification number
must be available to the appropriate
PSAP, designated statewide default answering point, or appropriate local
emergency authority from or through
the appropriate automatic location information (ALI) database.

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Federal Communications Commission

§ 64.606

(3) Service Level Obligation. Notwithstanding the provisions in paragraph
(b)(2) of this section, if a PSAP, designated statewide default answering
point, or appropriate local emergency
authority is not capable of receiving
and processing either ANI or location
information, a VRS or IP Relay provider need not provide such ANI or location information; however, nothing
in this paragraph affects the obligation
under paragraph (c) of this section of a
VRS or IP Relay provider to transmit
via the Wireline E911 Network all 911
calls to the PSAP, designated statewide default answering point, or appropriate local emergency authority that
serves the caller’s Registered Location
and that has been designated for telecommunications carriers pursuant to
§ 64.3001 of this chapter.
(4) Registered Location Requirement. As
of December 31, 2008, VRS and IP Relay
providers must:
(i) Obtain from each Registered
Internet-based TRS User, prior to the
initiation of service, the physical location at which the service will first be
utilized; and
(ii) If the VRS or IP Relay is capable
of being used from more than one location, provide their Registered Internetbased TRS Users one or more methods
of updating their Registered Location,
including at least one option that requires use only of the CPE necessary to
access the VRS or IP Relay. Any method utilized must allow a Registered
Internet-based TRS User to update the
Registered Location at will and in a
timely manner.

tification Application.’’ All documentation shall be submitted in narrative form, shall clearly describe the
state program for implementing intrastate TRS, and the procedures and
remedies for enforcing any requirements imposed by the state program.
The Commission shall give public notice of states filing for certification including notification in the FEDERAL
REGISTER.
(2) VRS and IP Relay provider. Any entity desiring to provide VRS or IP
Relay services, independent from any
certified state TRS program or any
TRS provider otherwise eligible for
compensation from the Interstate TRS
Fund, and to receive compensation
from the Interstate TRS Fund, shall
submit documentation to the Commission addressed to the Federal Communications Commission, Chief, Consumer & Governmental Affairs Bureau,
TRS Certification Program, Washington, DC 20554, and captioned ‘‘VRS
and IP Relay Certification Application.’’ The documentation shall include, in narrative form:
(i) A description of the forms of TRS
to be provided (i.e., VRS and/or IP
Relay);
(ii) A description of how the provider
will meet all non-waived mandatory
minimum standards applicable to each
form of TRS offered;
(iii) A description of the provider’s
procedures for ensuring compliance
with all applicable TRS rules;
(iv) A description of the provider’s
complaint procedures;
(v) A narrative describing any areas
in which the provider’s service will differ from the applicable mandatory
minimum standards;
(vi) A narrative establishing that
services that differ from the mandatory minimum standards do not violate
applicable mandatory minimum standards;
(vii) Demonstration of status as a
common carrier; and
(viii) A statement that the provider
will file annual compliance reports
demonstrating continued compliance
with these rules.

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[73 FR 41294, July 18, 2008, as amended at 73
FR 79696, Dec. 30, 2008]

§ 64.606 VRS and IP Relay provider
and TRS program certification.
(a) Documentation—(1) Certified state
program. Any state, through its office
of the governor or other delegated executive office empowered to provide
TRS, desiring to establish a state program under this section shall submit,
not later than October 1, 1992, documentation to the Commission addressed to the Federal Communications Commission, Chief, Consumer &
Governmental Affairs Bureau, TRS
Certification Program, Washington, DC
20554, and captioned ‘‘TRS State Cer-

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§ 64.606

47 CFR Ch. I (10–1–10 Edition)

(b)(1) Requirements for state certification. After review of state documentation, the Commission shall certify, by letter, or order, the state program if the Commission determines
that the state certification documentation:
(i) Establishes that the state program meets or exceeds all operational,
technical, and functional minimum
standards contained in § 64.604;
(ii) Establishes that the state program makes available adequate procedures and remedies for enforcing the
requirements of the state program, including that it makes available to TRS
users informational materials on state
and Commission complaint procedures
sufficient for users to know the proper
procedures for filing complaints; and
(iii) Where a state program exceeds
the mandatory minimum standards
contained in § 64.604, the state establishes that its program in no way conflicts with federal law.
(2)Requirements for VRS and IP Relay
Provider FCC Certification. After review
of certification documentation, the
Commission shall certify, by Public
Notice, that the VRS or IP Relay provider is eligible for compensation from
the Interstate TRS Fund if the Commission determines that the certification documentation:
(i) Establishes that the provision of
VRS and/or IP Relay will meet or exceed all non-waived operational, technical, and functional minimum standards contained in § 64.604;
(ii) Establishes that the VRS and/or
IP Relay provider makes available adequate procedures and remedies for ensuring compliance with the requirements of this section and the mandatory minimum standards contained in
§ 64.604, including that it makes available for TRS users informational materials on complaint procedures sufficient for users to know the proper procedures for filing complaints; and
(iii) Where the TRS service differs
from the mandatory minimum standards contained in § 64.604, the VRS and/
or IP Relay provider establishes that
its service does not violate applicable
mandatory minimum standards.
(c)(1) State certification period. State
certification shall remain in effect for
five years. One year prior to expiration

of certification, a state may apply for
renewal of its certification by filing
documentation as prescribed by paragraphs (a) and (b) of this section.
(2) VRS and IP Relay Provider FCC certification period. Certification granted
under this section shall remain in effect for five years. A VRS or IP Relay
provider may apply for renewal of its
certification by filing documentation
with the Commission, at least 90 days
prior to expiration of certification,
containing the information described
in paragraph (a)(2) of this section.
(d) Method of funding. Except as provided in § 64.604, the Commission shall
not refuse to certify a state program
based solely on the method such state
will implement for funding intrastate
TRS, but funding mechanisms, if labeled, shall be labeled in a manner that
promote national understanding of
TRS and do not offend the public.
(e)(1) Suspension or revocation of state
certification. The Commission may suspend or revoke such certification if,
after notice and opportunity for hearing, the Commission determines that
such certification is no longer warranted. In a state whose program has
been suspended or revoked, the Commission shall take such steps as may
be necessary, consistent with this subpart, to ensure continuity of TRS. The
Commission may, on its own motion,
require a certified state program to
submit documentation demonstrating
ongoing compliance with the Commission’s minimum standards if, for example, the Commission receives evidence
that a state program may not be in
compliance with the minimum standards.
(2) Suspension or revocation of VRS and
IP Relay Provider FCC certification. The
Commission may suspend or revoke the
certification of a VRS or IP Relay provider if, after notice and opportunity
for hearing, the Commission determines that such certification is no
longer warranted. The Commission
may, on its own motion, require a certified VRS or IP Relay provider to submit documentation demonstrating ongoing compliance with the Commission’s minimum standards if, for example, the Commission receives evidence

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Federal Communications Commission

§ 64.611

that a certified VRS or IP Relay provider may not be in compliance with
the minimum standards.
(f) Notification of substantive change.
(1) States must notify the Commission
of substantive changes in their TRS
programs within 60 days of when they
occur, and must certify that the state
TRS program continues to meet federal
minimum
standards
after
implementing the substantive change.
(2) VRS and IP Relay providers certified under this section must notify
the Commission of substantive changes
in their TRS programs, services, and
features within 60 days of when such
changes occur, and must certify that
the interstate TRS provider continues
to meet federal minimum standards
after implementing the substantive
change.
(g) VRS and IP Relay providers certified under this section shall file with
the Commission, on an annual basis, a
report providing evidence that they are
in compliance with § 64.604.

(2) The compatibility of any TT with
other such devices and computers.

[70 FR 76215, Dec. 23, 2005. Redesignated at 73
FR 21259, Apr. 21, 2008]

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§ 64.607 Furnishing related customer
premises equipment.
(a) Any communications common
carrier may provide, under tariff, customer premises equipment (other than
hearing aid compatible telephones as
defined in part 68 of this chapter, needed by persons with hearing, speech, vision or mobility disabilities. Such
equipment may be provided to persons
with those disabilities or to associations or institutions who require such
equipment regularly to communicate
with persons with disabilities. Examples of such equipment include, but are
not limited to, artificial larynxes, bone
conductor receivers and TTs.
(b) Any carrier which provides telecommunications devices for persons
with hearing and/or speech disabilities,
whether or not pursuant to tariff, shall
respond to any inquiry concerning:
(1) The availability (including general price levels) of TTs using ASCII,
Baudot, or both formats; and

[56 FR 36731, Aug. 1, 1991, as amended at 72
FR 43560, Aug. 6, 2007; 73 FR 21252, Apr. 21,
2008. Redesignated at 73 FR 21259, Apr. 21,
2008]

§ 64.608 Provision of hearing aid compatible telephones by exchange carriers.
In the absence of alternative suppliers in an exchange area, an exchange
carrier must provide a hearing aid
compatible telephone, as defined in
§ 68.316 of this chapter, and provide related installation and maintenance
services for such telephones on a
detariffed basis to any customer with a
hearing disability who requests such
equipment or services.
[61 FR 42185, Aug. 14, 1996. Redesignated at 73
FR 21259, Apr. 21, 2008]

§ 64.609 Enforcement of related customer premises equipment rules.
Enforcement of §§ 64.607 and 64.608 is
delegated to those state public utility
or public service commissions which
adopt those sections and provide for
their enforcement. Subpart G—Furnishing of Enhanced Services and Customer-Premises Equipment by Communications Common Carriers
[56 FR 36731, Aug. 1, 1991. Redesignated and
amended at 73 FR 21259, Apr. 21, 2008]

§ 64.611 Internet-based TRS registration.
(a) Default provider registration. Every
provider of VRS or IP Relay must, no
later than December 31, 2008, provide
users with the capability to register
with that VRS or IP Relay provider as
a ‘‘default provider.’’ Upon a user’s registration, the VRS or IP Relay provider
shall:
(1) Either:
(i) Facilitate the user’s valid number
portability request as set forth in 47
CFR 52.34; or, if the user does not wish
to port a number,
(ii) Assign that user a geographically
appropriate North American Numbering Plan telephone number; and
(2) Route and deliver all of that
user’s inbound and outbound calls unless the user chooses to place a call
with, or receives a call from, an alternate provider.

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§ 64.613

47 CFR Ch. I (10–1–10 Edition)

(b) Mandatory registration of new
users. As of December 31, 2008, VRS and
IP Relay providers must, prior to the
initiation of service for an individual
that has not previously utilized VRS or
IP Relay, register that new user as described in paragraph (a) of this section.
(c) Obligations of default providers and
former default providers. (1) Default providers must:
(i) Obtain current routing information, including IP addresses or domain
names and user names, from their Registered Internet-based TRS Users;
(ii) Provision such information to the
TRS Numbering Directory; and
(iii) Maintain such information in
their internal databases and in the
TRS Numbering Directory.
(2) Internet-based TRS providers
(and, to the extent necessary, their
Numbering Partners) must:
(i) Take such steps as are necessary
to cease acquiring routing information
from any VRS or IP Relay user that
ports his or her number to another
VRS or IP Relay provider or otherwise
selects a new default provider;
(ii) Communicate among themselves
as necessary to ensure that:
(A) Only the default provider provisions routing information to the central database; and
(B) VRS and IP Relay providers other
than the default provider are aware
that they must query the TRS Numbering Directory in order to obtain accurate routing information for a particular user of VRS or IP Relay.
(d) Proxy numbers. After December 31,
2008, a VRS or IP Relay provider:
(1) May not assign or issue a proxy or
alias for a NANP telephone number to
any user; and
(2) Must cease to use any proxy or
alias for a NANP telephone number assigned or issued to any Registered
Internet-based TRS User.
(e) CPE. (1) Every VRS or IP Relay
provider must ensure that all CPE they
have issued, leased, or otherwise provided to VRS or IP Relay users delivers
routing information or other information only to the user’s default provider,
except as is necessary to complete or
receive ‘‘dial around’’ calls on a caseby-case basis.
(2) All CPE issued, leased, or otherwise provided to VRS or IP Relay users

by Internet-based TRS providers must
be capable of facilitating the requirements of this section.
(f) User notification. Every VRS or IP
Relay provider must include an advisory on its website and in any promotional materials addressing numbering or E911 services for VRS or IP
Relay.
(1) At a minimum, the advisory must
address the following issues:
(i) The process by which VRS or IP
Relay users may obtain ten-digit telephone numbers, including a brief summary of the numbering assignment and
administration processes adopted herein;
(ii) The portability of ten-digit telephone numbers assigned to VRS or IP
Relay users;
(iii) The process by which persons
using VRS or IP Relay may submit, update, and confirm receipt by the provider of their Registered Location information; and
(iv) An explanation emphasizing the
importance of maintaining accurate,
up-to-date Registered Location information with the user’s default provider
in the event that the individual places
an emergency call via an Internetbased relay service.
(2) VRS and IP Relay providers must
obtain and keep a record of affirmative
acknowledgment by every Registered
Internet-based TRS User of having received and understood the advisory described in this subsection.
[73 FR 41295, July 18, 2008]

§ 64.613 Numbering directory for internet-based TRS users.
(a) TRS Numbering Directory. (1) The
TRS Numbering Directory shall contain records mapping the NANP telephone number of each Registered Internet-based TRS User to a unique Uniform Resource Identifier (URI).
(2) For each record associated with a
VRS user, the URI shall contain the
user’s Internet Protocol (IP) address.
For each record associated with an IP
Relay user, the URI shall contain the
user’s user name and domain name
that can be subsequently resolved to
reach the user.

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Federal Communications Commission

§ 64.702

(3) Only the TRS Numbering Administrator and Internet-based TRS providers may access the TRS Numbering
Directory.
(b) Administration—(1) Neutrality. (i)
The TRS Numbering Administrator
shall be a non-governmental entity
that is impartial and not an affiliate of
any Internet-based TRS provider.
(ii) Neither the TRS Numbering Administrator nor any affiliate may issue
a majority of its debt to, nor derive a
majority of its revenues from, any
Internet-based TRS provider.
(iii) Nor may the TRS Numbering Administrator nor any affiliate be unduly
influenced, as determined by the North
American Numbering Council, by parties with a vested interest in the outcome of TRS-related numbering administration and activities.
(iv) Any subcontractor that performs
any function of the TRS Numbering
Administrator must also meet these
neutrality criteria.
(2) Terms of Administration. The TRS
Numbering Administrator shall administer the TRS Numbering Directory
pursuant to the terms of its contract.
(3) Compensation. The TRS Fund, as
defined by 47 CFR 64.604(a)(5)(iii), may
compensate the TRS Numbering Administrator for the reasonable costs of
administration pursuant to the terms
of its contract.

stored information. Enhanced services
are not regulated under title II of the
Act.
(b) Bell Operating Companies common carriers subject, in whole or in
part, to the Communications Act may
directly provide enhanced services and
customer-premises equipment; provided, however, that the Commission
may prohibit any such common carrier
from engaging directly or indirectly in
furnishing enhanced services or customer-premises equipment to others
except as provided for in paragraph (c)
of this section, or as otherwise authorized by the Commission.
(c) A Bell Operating Company common carrier prohibited by the Commission pursuant to paragraph (b) of this
section from engaging in the furnishing
of enhanced services or customer-premises equipment may, subject to other
provisions of law, have a controlling or
lesser interest in, or be under common
control with, a separate corporate entity that furnishes enhanced services or
customer-premises equipment to others provided the following conditions
are met:
(1) Each such separate corporation
shall obtain all transmission facilities
necessary for the provision of enhanced
services pursuant to tariff, and may
not own any network or local distribution transmission facilities or equipment.
(2) Each such separate corporation
shall operate independently in the furnishing of enhanced services and customer-premises equipment. It shall
maintain its own books of account,
have separate officers, utilize separate
operating, marketing, installation, and
maintenance personnel, and utilize separate computer facilities in the provision of enhanced services.
(3) Each such separate corporation
which
provides
customer-premises
equipment or enhanced services shall
deal with any affiliated manufacturing
entity only on an arm’s length basis.
(4) Any research or development performed on a joint or separate basis for
the subsidiary must be done on a compensatory basis. Except for generic
software within equipment, manufactured by an affiliate, that is sold ‘‘off
the shelf’’ to any interested purchaser,
the separate corporation must develop

[73 FR 41296, July 18, 2008]

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Subpart G—Furnishing of Enhanced Services and Customer-Premises Equipment by
Bell Operating Companies;
Telephone Operator Services
§ 64.702 Furnishing of enhanced services and customer-premises equipment.
(a) For the purpose of this subpart,
the term enhanced service shall refer to
services, offered over common carrier
transmission facilities used in interstate communications, which employ
computer processing applications that
act on the format, content, code, protocol or similar aspects of the subscriber’s transmitted information; provide the subscriber additional, different, or restructured information; or
involve subscriber interaction with

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§ 64.703

47 CFR Ch. I (10–1–10 Edition)

its own software, or contract with nonaffiliated vendors.
(5) All transactions between the separate corporation and the carrier or its
affiliates which involve the transfer,
either direct or by accounting or other
record entries, of money, personnel, resources, other assets or anything of
value, shall be reduced to writing. A
copy of any contract, agreement, or
other arrangement entered into between such entities shall be filed with
the Commission within 30 days after
the contract, agreement, or other arrangement is made. This provision
shall not apply to any transaction governed by the provision of an effective
state or federal tariff.
(d) A carrier subject to the proscription set forth in paragraph (c) of this
section:
(1) Shall not engage in the sale or
promotion of enhanced services or customer-premises equipment, on behalf
of the separate corporation, or sell,
lease or otherwise make available to
the separate corporation any capacity
or computer system component on its
computer system or systems which are
used in any way for the provision of its
common carrier communications services. (This does not apply to communications services offered the separate
subsidiary pursuant to tariff);
(2) Shall disclose to the public all information relating to network design
and technical standards and information affecting changes to the telecommunications network which would
affect either intercarrier interconnection or the manner in which customerpremises equipment is attached to the
interstate network prior to implementation and with reasonable advance notification. Such information shall be
disclosed in compliance with the procedures set forth in 47 CFR 51.325 through
51.335.
(3) [Reserved]
(4) Must obtain Commission approval
as to the manner in which the separate
corporation is to be capitalized, prior
to obtaining any interest in the separate corporation or transferring any
assets, and must obtain Commission
approval of any modification to a Commission approved capitalization plan.
(e) Except as otherwise ordered by
the Commission, the carrier provision

of customer premises equipment used
in conjunction with the interstate telecommunications network may be offered in combination with the provision of common carrier communications services, except that the customer premises equipment shall not be
offered on a tariffed basis.
[45 FR 31364, May 13, 1980, as amended at 46
FR 6008, Jan. 21, 1981; 63 FR 20338, Apr. 24,
1998; 64 FR 14148, Mar. 24, 1999; 66 FR 19402,
Apr. 16, 2001]
EFFECTIVE DATE NOTE: At 64 FR 14148, Mar.
24, 1999, § 64.702(b), (c) and (d)(2) were amended. These paragraphs contain information
collection and recordkeeping requirements
and will not become effective until approval
has been given by the Office of Management
and Budget.

§ 64.703

Consumer information.

(a) Each provider of operator services
shall:
(1) Identify itself, audibly and distinctly, to the consumer at the beginning of each telephone call and before
the consumer incurs any charge for the
call;
(2) Permit the consumer to terminate
the telephone call at no charge before
the call is connected;
(3) Disclose immediately to the consumer, upon request and at no charge
to the consumer—
(i) A quotation of its rates or charges
for the call;
(ii) The methods by which such rates
or charges will be collected; and
(iii) The methods by which complaints concerning such rates, charges,
or collection practices will be resolved;
and
(4) Disclose, audibly and distinctly to
the consumer, at no charge and before
connecting any interstate non-access
code operator service call, how to obtain the total cost of the call, including any aggregator surcharge, or the
maximum possible total cost of the
call, including any aggregator surcharge, before providing further oral
advice to the consumer on how to proceed to make the call. The oral disclosure required in this subsection shall
instruct consumers that they may obtain applicable rate and surcharge
quotations either, at the option of the

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Federal Communications Commission

§ 64.704

provider of operator services, by dialing no more than two digits or by remaining on the line. The phrase ‘‘total
cost of the call’’ as used in this paragraph means both the variable (duration-based) charges for the call and the
total per-call charges, exclusive of
taxes, that the carrier, or its billing
agent, may collect from the consumer
for the call. It does not include additional charges that may be assessed
and collected without the involvement
of the carrier, such as a hotel surcharge billed by a hotel. Such charges
are addressed in paragraph (b) of this
section.
(b) Each aggregator shall post on or
near the telephone instrument, in plain
view of consumers:
(1) The name, address, and toll-free
telephone number of the provider of operator services;
(2) Except for CMRS aggregators, a
written disclosure that the rates for all
operator-assisted calls are available on
request, and that consumers have a
right to obtain access to the interstate
common carrier of their choice and
may contact their preferred interstate
common carriers for information on
accessing that carrier’s service using
that telephone;
(3) In the case of a pay telephone, the
local coin rate for the pay telephone
location; and
(4) The name and address of the Consumer Information Bureau of the Commission
(Federal
Communications
Commission, Consumer Information
Bureau, Consumer Complaints—Telephone, Washington, D.C. 20554), to
which the consumer may direct complaints regarding operator services. An
existing posting that displays the address that was required prior to the
amendment of this rules (i.e., the address of the Common Carrier Bureau’s
Enforcement Division, which no longer
exists) may remain until such time as
the posting is replaced for any other
purpose. Any posting made after the effective date of this amendment must
display the updated address (i.e., the
address of the Consumer Information
Bureau).
(c) Updating of postings. The posting
required by this section shall be updated as soon as practicable following
any change of the carrier presubscribed

to provide interstate service at an
aggregator location, but no later than
30 days following such change. This requirement may be satisfied by applying
to a payphone a temporary sticker displaying the required posting information, provided that any such temporary
sticker shall be replaced with permanent signage during the next regularly
scheduled maintenance visit.
(d) Effect of state law or regulation.
The requirements of paragraph (b) of
this section shall not apply to an
aggregator in any case in which State
law or State regulation requires the
aggregator to take actions that are
substantially the same as those required in paragraph (b) of this section.
(e) Each provider of operator services
shall ensure, by contract or tariff, that
each aggregator for which such provider is the presubscribed provider of
operator services is in compliance with
the requirements of paragraph (b) of
this section.
[56 FR 18523, Apr. 23, 1991, as amended at 61
FR 14981, Apr. 4, 1996; 61 FR 52323, Oct. 7, 1996;
63 FR 11617, Mar. 10, 1998; 63 FR 43041, Aug.
11, 1998; 64 FR 47119, Aug. 30, 1999; 67 FR 2819,
Jan. 22, 2002]

§ 64.704 Call blocking prohibited.
(a) Each aggregator shall ensure that
each of its telephones presubscribed to
a provider of operator services allows
the consumer to use ‘‘800’’ and ‘‘950’’
access code numbers to obtain access
to the provider of operator services desired by the consumer.
(b) Each provider of operator services
shall:
(1) Ensure, by contract or tariff, that
each aggregator for which such provider is the presubscribed provider of
operator services is in compliance with
the requirements of paragraphs (a) and
(c) of this section; and
(2) Withhold payment (on a locationby-location basis) of any compensation,
including commissions, to aggregators
if such provider reasonably believes
that the aggregator is blocking access
to interstate common carriers in violation of paragraphs (a) or (c) of this section.
(c) Each aggregator shall, by the earliest applicable date set forth in this
paragraph, ensure that any of its
equipment presubscribed to a provider

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§ 64.705

47 CFR Ch. I (10–1–10 Edition)

of operator services allows the consumer to use equal access codes to obtain access to the consumer’s desired
provider of operator services.
(1) Each pay telephone shall, within
six (6) months of the effective date of
this paragraph, allow the consumer to
use equal access codes to obtain access
to the consumer’s desired provider of
operator services.
(2) All equipment that is technologically capable of identifying the dialing of an equal access code followed
by any sequence of numbers that will
result in billing to the originating telephone and that is technologically capable of blocking access through such dialing sequences without blocking access through other dialing sequences
involving equal access codes, shall,
within six (6) months of the effective
date of this paragraph or upon installation, whichever is sooner, allow the
consumer to use equal access codes to
obtain access to the consumer’s desired
provider of operator services.
(3) All equipment or software that is
manufactured or imported on or after
April 17, 1992, and installed by any
aggregator shall, immediately upon installation by the aggregator, allow the
consumer to use equal access codes to
obtain access to the consumer’s desired
provider of operator services.
(4) All equipment that can be modified at a cost of no more than $15.00 per
line to be technologically capable of
identifying the dialing of an equal access code followed by any sequence of
numbers that will result in billing to
the originating telephone and to be
technologically capable of blocking access through such dialing sequences
without blocking access through other
dialing sequences involving equal access codes, shall, within eighteen (18)
months of the effective date of this
paragraph, allow the consumer to use
equal access codes to obtain access to
the consumer’s desired provider of operator services.
(5) All equipment not included in
paragraphs (c)(1), (c)(2), (c)(3), or (c)(4)
of this section shall, no later than
April 17, 1997, allow the consumer to
use equal access codes to obtain access
to the consumer’s desired provider of
operator services.

(6) This paragraph does not apply to
the use by consumers of equal access
code dialing sequences that result in
billing to the originating telephone.
(d) All providers of operator services,
except those employing a store-andforward device that serves only consumers at the location of the device,
shall establish an ‘‘800’’ or ‘‘950’’ access
code number within six (6) months of
the effective date of this paragraph.
(e) The requirements of this section
shall not apply to CMRS aggregators
and providers of CMRS operator services.
[56 FR 18523, Apr. 23, 1991, as amended at 56
FR 40799, Aug. 16, 1991; 57 FR 34260, Aug. 4,
1992; 63 FR 43041, Aug. 11, 1998]

§ 64.705 Restrictions on charges related to the provision of operator
services.
(a) A provider of operator services
shall:
(1) Not bill for unanswered telephone
calls in areas where equal access is
available;
(2) Not knowingly bill for unanswered
telephone calls where equal access is
not available;
(3) Not engage in call splashing, unless the consumer requests to be transferred to another provider of operator
services, the consumer is informed
prior to incurring any charges that the
rates for the call may not reflect the
rates from the actual originating location of the call, and the consumer then
consents to be transferred;
(4) Except as provided in paragraph
(a)(3) of this section, not bill for a call
that does not reflect the location of the
origination of the call; and
(5) Ensure, by contract or tariff, that
each aggregator for which such provider is the presubscribed provider of
operator services is in compliance with
the requirements of paragraph (b) of
this section.
(b) An aggregator shall ensure that
no charge by the aggregator to the consumer for using an ‘‘800’’ or ‘‘950’’ access code number, or any other access
code number, is greater than the
amount the aggregator charges for
calls placed using the presubscribed
provider of operator services.
(c) The requirements of paragraphs
(a)(5) and (b) of this section shall not

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Federal Communications Commission

§ 64.708

apply to CMRS aggregators and providers of CMRS operator services.

users of its premises for interstate telephone calls using a provider of CMRS
operator services;
(e) CMRS operator services means operator services provided by means of a
commercial mobile radio service as defined in section 20.3 of this chapter.
(f) Consumer means a person initiating any interstate telephone call
using operator services. In collect calling arrangements handled by a provider of operator services, the term
consumer also includes the party on
the terminating end of the call. For
bill-to-third-party
calling
arrangements handled by a provider of operator services, the term consumer also
includes the party to be billed for the
call if the latter is contacted by the operator service provider to secure billing approval.
(g) Equal access has the meaning
given that term in Appendix B of the
Modification of Final Judgment entered by the United States District
Court on August 24, 1982, in United
States v. Western Electric, Civil Action
No. 82–0192 (D.D.C. 1982), as amended by
the Court in its orders issued prior to
October 17, 1990;
(h) Equal access code means an access
code that allows the public to obtain
an equal access connection to the carrier associated with that code;
(i) Operator services means any interstate telecommunications service initiated from an aggregator location that
includes, as a component, any automatic or live assistance to a consumer
to arrange for billing or completion, or
both, of an interstate telephone call
through a method other than:
(1) Automatic completion with billing to the telephone from which the
call originated; or
(2) Completion through an access
code used by the consumer, with billing
to an account previously established
with the carrier by the consumer;
(j) Presubscribed provider of operator
services means the interstate provider
of operator services to which the consumer is connected when the consumer
places a call using a provider of operator services without dialing an access
code;
(k) Provider of CMRS operator services
means a provider of operator services
that provides CMRS operator services;

[56 FR 18523, Apr. 23, 1991, as amended at 63
FR 43041, Aug. 11, 1998]

§ 64.706 Minimum standards for the
routing and handling of emergency
telephone calls.
Upon receipt of any emergency telephone call, providers of operator services and aggregators shall ensure immediate connection of the call to the
appropriate emergency service of the
reported location of the emergency, if
known, and, if not known, of the originating location of the call.
[61 FR 14981, Apr. 4, 1996]

§ 64.707 Public dissemination of information by providers of operator
services.
Providers of operator services shall
regularly publish and make available
at no cost to inquiring consumers written materials that describe any recent
changes in operator services and in the
choices available to consumers in that
market.

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[56 FR 18524, Apr. 23, 1991]

§ 64.708 Definitions.
As used in §§ 64.703 through 64.707 of
this part and § 68.318 of this chapter (47
CFR 64.703–64.707, 68.318):
(a) Access code means a sequence of
numbers that, when dialed, connect the
caller to the provider of operator services associated with that sequence;
(b) Aggregator means any person that,
in the ordinary course of its operations, makes telephones available to
the public or to transient users of its
premises, for interstate telephone calls
using a provider of operator services;
(c) Call splashing means the transfer
of a telephone call from one provider of
operator services to another such provider in such a manner that the subsequent provider is unable or unwilling
to determine the location of the origination of the call and, because of such
inability or unwillingness, is prevented
from billing the call on the basis of
such location;
(d) CMRS aggregator means an
aggregator that, in the ordinary course
of its operations, makes telephones
available to the public or to transient

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§ 64.709

47 CFR Ch. I (10–1–10 Edition)

(l) Provider of operator services means
any common carrier that provides operator services or any other person determined by the Commission to be providing operator services.
[56 FR 18524, Apr. 23, 1991; 56 FR 25721, June
5, 1991, as amended at 61 FR 14981, Apr. 4,
1996; 63 FR 43041, Aug. 11, 1998; 67 FR 2820,
Jan. 22, 2002]

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§ 64.709

Informational tariffs.

(a) Informational tariffs filed pursuant to 47 U.S.C. 226(h)(1)(A) shall contain specific rates expressed in dollars
and cents for each interstate operator
service of the carrier and shall also
contain applicable per call aggregator
surcharges or other per-call fees, if
any, collected from consumers by, or
on behalf of, the carrier.
(b) Per call fees, if any, billed on behalf of aggregators or others, shall be
specified in informational tariffs in
dollars and cents.
(c) In order to remove all doubt as to
their proper application, all informational tariffs must contain clear and
explicit explanatory statements regarding the rates, i.e., the tariffed price
per unit of service, and the regulations
governing the offering of service in
that tariff.
(d) Informational tariffs shall be accompanied by a cover letter, addressed
to the Secretary of the Commission,
explaining the purpose of the filing.
(1) The original of the cover letter
shall be submitted to the Secretary
without attachments, along with FCC
Form 159, and the appropriate fee to
the U.S. Bank, St. Louis, Missouri.
(2) Copies of the cover letter and the
attachments shall be submitted to the
Secretary’s Office, the Commission’s
contractor for public records duplication, and the Chief, Tariff and Price
Analysis Branch, Competitive Pricing
Division.
(e) Any changes to the tariff shall be
submitted under a new cover letter
with a complete copy of the tariff, including changes.
(1) Changes to a tariff shall be explained in the cover letter but need not
be symbolized on the tariff pages.

(2) Revised tariffs shall be filled pursuant to the procedures specified in
this section.
[63 FR 11617, Mar. 10, 1998; 63 FR 15316, Mar.
31, 1998, as amended at 67 FR 2820, Jan. 22,
2002; 73 FR 9031, Feb. 19, 2008]

§ 64.710 Operator services for prison
inmate phones.
(a) Each provider of inmate operator
services shall:
(1) Identify itself and disclose, audibly and distinctly to the consumer, at
no charge and before connecting any
interstate, non-access code operator
service call, how to obtain the total
cost of the call, including any surcharge or premises-imposed-fee. The
oral disclosure required in this paragraph shall instruct consumers that
they may obtain applicable rate and
surcharge quotations either, at the option of the provider of inmate operator
services, by dialing no more than two
digits or by remaining on the line. The
phrase ‘‘total cost of the call,’’ as used
in this paragraph, means both the variable (duration-based) charges for the
call and the total per-call charges, exclusive of taxes, that the carrier, or its
billing agent, may collect from the
consumer for the call. Such phrase
shall include any per-call surcharge
imposed by the correctional institution, unless it is subject to regulation
itself as a common carrier for imposing
such surcharges, if the contract between the carrier and the correctional
institution prohibits both resale and
the use of pre-paid calling card arrangements.
(2) Permit the consumer to terminate
the telephone call at no charge before
the call is connected; and
(3) Disclose immediately to the consumer, upon request and at no charge
to the consumer—
(i) The methods by which its rates or
charges for the call will be collected;
and
(ii) The methods by which complaints
concerning such rates, charges or collection practices will be resolved.
(b) As used in this subpart:
(1) Consumer means the party to be
billed for any interstate call from an
inmate telephone;

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Federal Communications Commission

§ 64.804

(2) Inmate telephone means a telephone instrument set aside by authorities of a prison or other correctional
institution for use by inmates.
(3) Inmate operator services means any
interstate telecommunications service
initiated from an inmate telephone
that includes, as a component, any
automatic or live assistance to a consumer to arrange for billing or completion, or both, of an interstate telephone call through a method other
than:
(i) Automatic completion with billing to the telephone from which the
call originated; or
(ii) Completion through an access
code used by the consumer, with billing
to an account previously established
with the carrier by the consumer;
(4) Provider of inmate operator services
means any common carrier that provides outbound interstate operator
services from inmate telephones.

(a) Candidate means an individual
who seeks nomination for election, or
election, to Federal office, whether or
not such individual is elected, and an
individual shall be deemed to seek
nomination for election, or election, if
he has (1) taken the action necessary
under the law of a State to qualify
himself for nomination for election, or
election, to Federal office, or (2) received contributions or made expenditures, or has given his consent for any
other person to receive contributions
or make expenditures, with a view to
bringing about his nomination for election, or election, to such office.
(b) Election means (1) a general, special, primary, or runoff election, (2) a
convention or caucus of a political
party held to nominate a candidate, (3)
a primary election held for the selection of delegates to a national nominating convention of a political party,
and (4) a primary election held for the
expression of a preference for the nomination of persons for election to the office of President.
(c) Federal office means the office of
President or Vice President of the
United States: or of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the
United States.
(d) Person means an individual, partnership, committee, association, corporation, labor organization, and any
other organization or group of persons.
(e) Unsecured credit means the furnishing of service without maintaining
on a continuing basis advance payment, deposit, or other security, that
is designed to assure payment of the
estimated amount of service for each
future 2 months period, with revised estimates to be made on at least a
monthly basis.

[63 FR 11617, Mar. 10, 1998, as amended at 67
FR 2820, Jan. 22, 2002]

Subpart H—Extension of Unsecured Credit for Interstate and
Foreign
Communications
Services to Candidates for
Federal Office
AUTHORITY: Secs. 4, 201, 202, 203, 218, 219, 48
Stat. 1066, 1070, 1077; 47 U.S.C. 154, 201, 202,
203, 218, 219; sec. 401, 86 Stat. 19; 2 U.S.C. 451.
SOURCE: 37 FR 9393, May 10, 1972, unless
otherwise noted.

§ 64.801

Purpose.

Pursuant to section 401 of the Federal Election Campaign Act of 1971,
Public Law 92–225, these rules prescribe
the general terms and conditions for
the extension of unsecured credit by a
communication common carrier to a
candidate or person on behalf of such
candidate for Federal office.
§ 64.802

Applicability.

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These rules shall apply to each communication common carrier subject to
the whole or part of the Communications Act of 1934, as amended.
§ 64.803

Definitions.

For the purposes of this subpart:

§ 64.804 Rules governing the extension
of unsecured credit to candidates
or persons on behalf of such candidates for Federal office for interstate and foreign common carrier
communication services.
(a) There is no obligation upon a carrier to extend unsecured credit for
interstate and foreign communication
services to a candidate or person on behalf of such candidate for Federal office. However, if the carrier chooses to
extend such unsecured credit, it shall

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§ 64.901

47 CFR Ch. I (10–1–10 Edition)

comply with the requirements set forth
in paragraphs (b) through (g) of this
section.
(b) If a carrier decides to extend unsecured credit to any candidate for
Federal office or any person on behalf
of such candidate, then unsecured credit shall be extended on substantially
equal terms and conditions to all candidates and all persons on behalf of all
candidates for the same office, with
due regard for differences in the estimated quantity of service to be furnished each such candidate or person.
(c) Before extending unsecured credit, a carrier shall obtain a signed written application for service which shall
identify the applicant and the candidate and state whether or not the
candidate assumes responsibility for
the charges, and which shall also expressly state as follows:
(1) That service is being requested by
the applicant or applicants and that
the person or persons making the application will be individually, jointly
and severally liable for the payment of
all charges; and
(2) That the applicant(s) understands
that the carrier will (under the provisions of paragraph (d) of this section)
discontinue service upon written notice
if any amount due is not paid upon demand.
(d) If charges for services rendered
are not paid to the carrier within 15
days from rendition of a bill therefor,
the carrier shall forthwith at the end
of the 15-day period serve written notice on the applicant of intent to discontinue service within 7 days of date
of such notice for nonpayment and
shall discontinue service at the end of
the 7-day period unless all such sums
due are paid in full within such 7-day
period.
(e) Each carrier shall take appropriate action at law to collect any unpaid balance on an account for interstate and foreign communication services rendered to a candidate or person
on behalf of such candidate prior to the
expiration of the statute of limitations
under section 415(a) of the Communications Act of 1934, as amended.
(f) The records of each account, involving the extension by a carrier of
unsecured credit to a candidate or person on behalf of such candidate for

common carrier communications services shall be maintained by the carrier
so as to show separately, for interstate
and foreign communication services all
charges, credits, adjustments, and security, if any, and balance receivable.
(g) On or before January 31, 1973, and
on corresponding dates of each year
thereafter, each carrier which had operating revenues in the preceding year
in excess of $1 million shall file with
the Commission a report by account of
any amount due and unpaid, as of the
end of the month prior to the reporting
date, for interstate and foreign communications services to a candidate or
person on behalf of such candidate
when such amount results from the extension of unsecured credit. Each report shall include the following information:
(1) Name of candidate.
(2) Name and address of person or
persons applying for service.
(3) Balance due carrier.
(4) Reason for nonpayment.
(5) Payment arrangements, if any.
(6) Date service discontinued.
(7) Date, nature and status of any action taken at law in compliance with
paragraph (e) of this section.
[37 FR 9393, May 10, 1972, as amended at 62
FR 5166, Feb. 4, 1997]

Subpart I—Allocation of Costs
§ 64.901

Allocation of costs.

(a) Carriers required to separate their
regulated costs from nonregulated
costs shall use the attributable cost
method of cost allocation for such purpose.
(b) In assigning or allocating costs to
regulated and nonregulated activities,
carriers shall follow the principles described herein.
(1) Tariffed services provided to a
nonregulated activity will be charged
to the nonregulated activity at the
tariffed rates and credited to the regulated revenue account for that service.
Nontariffed services, offered pursuant
to a section 252(e) agreement, provided
to a nonregulated activity will be
charged to the nonregulated activity at
the amount set forth in the applicable
interconnection agreement approved

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Federal Communications Commission

§ 64.903

by a state commission pursuant to section 252(e) and credited to the regulated revenue account for that service.
(2) Costs shall be directly assigned to
either regulated or nonregulated activities whenever possible.
(3) Costs which cannot be directly assigned to either regulated or nonregulated activities will be described as
common costs. Common costs shall be
grouped into homogeneous cost categories designed to facilitate the proper allocation of costs between a carrier’s regulated and nonregulated activities. Each cost category shall be allocated between regulated and nonregulated activities in accordance with
the following hierarchy:
(i) Whenever possible, common cost
categories are to be allocated based
upon direct analysis of the origin of
the cost themselves.
(ii) When direct analysis is not possible, common cost categories shall be
allocated based upon an indirect, costcausative linkage to another cost category (or group of cost categories) for
which a direct assignment or allocation is available.
(iii) When neither direct nor indirect
measures of cost allocation can be
found, the cost category shall be allocated based upon a general allocator
computed by using the ratio of all expenses directly assigned or attributed
to regulated and nonregulated activities.
(4) The allocation of central office
equipment and outside plant investment costs between regulated and nonregulated activities shall be based upon
the relative regulated and nonregulated usage of the investment during
the calendar year when nonregulated
usage is greatest in comparison to regulated usage during the three calendar
years beginning with the calendar year
during which the investment usage
forecast is filed.
(c) A telecommunications carrier
may not use services that are not competitive to subsidize services subject to
competition. Services included in the
definition of universal service shall
bear no more than a reasonable share

of the joint and common costs of facilities used to provide those services.
[52 FR 6560, Mar. 4, 1987, as amended at 52 FR
39534, Oct. 22, 1987; 54 FR 49762, Dec. 1, 1989;
62 FR 45588, Aug. 28, 1997; 67 FR 5702, Feb. 6,
2002]

§ 64.902

Transactions with affiliates.

Except for carriers which employ average schedules in lieu of determining
their costs, all carriers subject to
§ 64.901 are also subject to the provisions of § 32.27 of this chapter concerning transactions with affiliates.
[55 FR 30461, July 26, 1990]

§ 64.903

Cost allocation manuals.

(a) Each incumbent local exchange
carrier having annual revenues from
regulated telecommunications operations that are equal to or above the
indexed revenue threshold (as defined
in § 32.9000 of this chapter) except midsized incumbent local exchange carriers is required to file a cost allocation manual describing how it separates regulated from nonregulated
costs. The manual shall contain the
following information regarding the
carrier’s allocation of costs between
regulated and nonregulated activities:
(1) A description of each of the carrier’s nonregulated activities;
(2) A list of all the activities to which
the carrier now accords incidental accounting treatment and the justification therefor;
(3) A chart showing all of the carrier’s corporate affiliates;
(4) A statement identifying each affiliate that engages in or will engage in
transactions with the carrier and describing the nature, terms and frequency of each transaction;
(5) A cost apportionment table showing, for each account containing costs
incurred in providing regulated services, the cost pools with that account,
the procedures used to place costs into
each cost pool, and the method used to
apportion the costs within each cost
pool between regulated and nonregulated activities; and
(6) A description of the time reporting procedures that the carrier uses,
including the methods or studies designed to measure and allocate nonproductive time.

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§ 64.904

47 CFR Ch. I (10–1–10 Edition)

(b) Each carrier shall ensure that the
information contained in its cost allocation manual is accurate. Carriers
must update their cost allocation
manuals at least annually, except that
changes to the cost apportionment
table and to the description of time reporting procedures must be filed at the
time of implementation. Annual cost
allocation manual updates shall be
filed on or before the last working day
of each calendar year. Proposed
changes in the description of time reporting procedures, the statement concerning affiliate transactions, and the
cost apportionment table must be accompanied by a statement quantifying
the impact of each change on regulated
operations. Changes in the description
of time reporting procedures and the
statement concerning affiliate transactions must be quantified in $100,000
increments at the account level.
Changes in cost apportionment tables
must be quantified in $100,000 increments at the cost pool level. The Chief,
Wireline Competition Bureau may suspend any such changes for a period not
to exceed 180 days, and may thereafter
allow the change to become effective or
prescribe a different procedure.
(c) The Commission may by order require any other communications common carrier to file and maintain a cost
allocation manual as provided in this
section.

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[57 FR 4375, Feb. 5, 1992, as amended at 59 FR
46358, Sept. 8, 1994; 61 FR 50246, Sept. 25, 1996;
62 FR 39779, July 24, 1997; 65 FR 16335, Mar.
28, 2000; 67 FR 5702, Feb. 6, 2002; 67 FR 13229,
Mar. 21, 2002]

§ 64.904 Independent audits.
(a) Each carrier required to file a
cost allocation manual shall elect to
either have an attest engagement performed by an independent auditor
every two years, covering the prior two
year period, or have a financial audit
performed by an independent auditor
every two years, covering the prior two
year period. In either case, the initial
engagement shall be performed in the
calendar year after the carrier is first
required to file a cost allocation manual.
(b) The attest engagement shall be an
examination engagement and shall provide a written communication that ex-

presses an opinion that the systems,
processes, and procedures applied by
the carrier to generate the results reported pursuant to § 43.21(e)(2) of this
chapter comply with the Commission’s
Joint Cost Orders issued in conjunction
with CC Docket No. 86–111, the Commission’s Accounting Safeguards proceeding in CC Docket No. 96–150, and
the Commission’s rules and regulations
including §§ 32.23 and 32.27 of this chapter, and § 64.901, and § 64.903 in force as
of the date of the auditor’s report. At
least 30 days prior to beginning the attestation engagement, the independent
auditors shall provide the Commission
with the audit program. The attest engagement shall be conducted in accordance with the attestation standards established by the American Institute of
Certified Public Accountants, except as
otherwise directed by the Chief, Enforcement Bureau.
(c) The biennial financial audit shall
provide a positive opinion on whether
the applicable date shown in the carrier’s annual report required by
§ 43.21(e)(2) of this chapter present fairly, in all material respects, the information of the Commission’s Joint Cost
Orders issued in conjunction with CC
Docket No. 86–111, the Commission’s
Accounting Safeguards proceeding in
CC Docket No. 96–150, and the Commission’s rules and regulations including
§§ 32.23 and 32.27 of this chapter, and
§ 64.901, and § 64.903 in force as of the
date of the auditor’s report. The audit
shall be conducted in accordance with
generally accepted auditing standards,
except as otherwise directed by the
Chief, Enforcement Bureau. The report
of the independent auditor shall be
filed at the time that the carrier files
the
annual
reports
required
by
§ 43.21(e)(2) of this chapter.
[67 FR 5702, Feb. 6, 2002, as amended at 67 FR
13229, Mar. 21, 2002]

§ 64.905 Annual certification.
A mid-sized incumbent local exchange carrier, as defined in § 32.9000 of
this chapter, shall file a certification
with the Commission stating that it is
complying with § 64.901. The certification must be signed, under oath, by
an officer of the mid-sized incumbent
LEC, and filed with the Commission on
an annual basis at the time that the

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Federal Communications Commission

§ 64.1002

mid-sized incumbent LEC files the annual reports required by § 43.21(e)(2) of
this chapter.

fied in the filing on the same day a
modification request is filed.
(e) All modification requests will be
subject to a twenty-one (21) day pleading period for objections or comments,
commencing the date after the request
is filed. If the modification request is
not complete when filed, the carrier
will be notified that additional information is to be submitted, and a new 21
day pleading period will begin when the
additional information is filed. The
modification request will be deemed
granted as of the twenty-second (22nd)
day without any formal staff action
being taken: provided
(1) No objections have been filed, and
(2) The International Bureau has not
notified the carrier that grant of the
modification request may not serve the
public interest and that implementation of the proposed modification must
await formal staff action on the modification request. If objections or comments are filed, the carrier requesting
the modification request may file a response pursuant to § 1.45 of this chapter. Modification requests that are formally opposed must await formal action by the International Bureau before the proposed modification can be
implemented.
(f) Subject to the availability of electronic forms, all modifications and related submissions described in this section must be filed electronically
through the International Bureau Filing System (IBFS). A list of forms that
are available for electronic filing can
be found on the IBFS homepage. For
information on electronic filing requirements, see part 1, §§ 1.1000 through
1.10018 of this chapter and the IBFS
homepage at http://www.fcc.gov/ibfs. See
also §§ 63.20 and 63.53.

[67 FR 5702, Feb. 6, 2002]

Subpart J—International Settlements Policy and Modification
Requests

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§ 64.1001 Requests to modify international settlements arrangements.
(a) The procedures set forth in this
rule apply to carriers that are required
to file with the International Bureau,
pursuant to § 43.51(e) of this chapter,
requests to modify international settlement arrangements. Any operating
agreement or amendment for which a
modification request is required to be
filed cannot become effective until the
modification request has been granted
under paragraph (e) of this section.
(b) A modification request must contain the following information:
(1) The applicable international service;
(2) The name of the foreign telecommunications administration;
(3) The present accounting rate (including any surcharges);
(4) The new accounting rate (including any surcharges);
(5) The effective date;
(6) The division of the accounting
rate; and
(7) An explanation of any proposed
modification(s) in the operating agreement with the foreign correspondent.
(c) A modification request must contain a notarized statement that the filing carrier:
(1) Has not bargained for, nor has
knowledge of, exclusive availability of
the new accounting rate;
(2) Has not bargained for, nor has any
indication that it will receive, more
than its proportionate share of return
traffic; and
(3) Has informed the foreign administration that U.S. policy requires that
competing U.S. carriers have access to
accounting rates negotiated by the filing carrier with the foreign administration on a nondiscriminatory basis.
(d) Carriers must serve a copy of the
modification request on all carriers
providing the same or similar service
to the foreign administration identi-

[56 FR 25372, June 4, 1991, as amended at 58
FR 4354, Jan. 14, 1993; 60 FR 5333, Jan. 27,
1995; 62 FR 5541, Feb. 6, 1997; 62 FR 64758, Dec.
9, 1997; 64 FR 34742, June 29, 1999; 66 FR 16882,
Mar. 28, 2001; 69 FR 23154, Apr. 28, 2004; 69 FR
29903, May 26, 2004; 69 FR 40327, July 2, 2004;
70 FR 38800, July 6, 2005]

§ 64.1002 International
policy.

settlements

(a) Except as provided in paragraph
(b) of this section, a common carrier
that is authorized pursuant to part 63
of this chapter to provide facilities-

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§ 64.1002

47 CFR Ch. I (10–1–10 Edition)

based switched voice, telex, telegraph,
or packet-switched service on a U.S.
international route, and that enters
into an operating or other agreement
to provide any such service in correspondence with a foreign carrier that
does not qualify for the presumption
that it lacks market power on the foreign end of the route, must comply
with the following requirements:
(1) The terms and conditions of the
carrier’s operating or other agreement
relating to the exchange of services,
interchange or routing of traffic and
matters concerning rates, accounting
rates, division of tolls, the allocation
of return traffic, or the basis of settlement of traffic balances, are identical
to the equivalent terms and conditions
in the operating agreement of another
carrier providing the same or similar
service between the United States and
the same foreign point.
(2) The carrier shall not bargain for
or agree to accept more than its proportionate share of return traffic.
(3) The division of tolls shall be evenly-divided between the U.S. carrier and
foreign carrier.
(4) The carrier must also duly comply
with the requirements in § 43.51 and
§ 64.1001 of this chapter.

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NOTE TO PARAGRAPH (a): Carriers shall rely
on the Commission’s list of foreign carriers
that do not qualify for the presumption that
they lack market power in particular foreign
points for purposes of determining which of
their foreign carrier correspondent agreements are subject to the requirements of this
paragraph. This list is available on the International Bureau’s World Wide Web site at
http://www.fcc.gov/ib.

(b) A carrier that enters into an operating or other agreement with a foreign carrier for the provision of a common carrier service on an international
route is not subject to the requirements of paragraph (a) of this section if
the route appears on the Commission’s
list of international routes that the
Commission has exempted from the
international settlements policy. This
list is available on the International
Bureau’s World Wide Web site at http://
www.fcc.gov/ib.
(c) A carrier that seeks to add a U.S.
international route to the list of routes
that are exempt from the international
settlements policy must make its re-

quest to the International Bureau, accompanied by a showing that a U.S.
carrier has entered into a benchmarkcompliant settlement rate agreement
with a foreign carrier that possesses
market power in the country at the
foreign end of the U.S. international
route that is the subject of the request.
The required showing shall consist of
an effective accounting rate modification, filed pursuant to § 64.1001, that includes a settlement rate that is at or
below the Commission’s benchmark
settlement rate adopted for that country in IB Docket No. 96–261, Report and
Order, 12 FCC Rcd 19,806, 62 FR 45758,
Aug. 29, 1997, available on the International Bureau’s World Wide Web site
at http://www.fcc.gov/ib.
(d) A carrier or other party may request Commission intervention on a
route that the Commission has exempted from the international settlements
policy by filing with the International
Bureau a petition, pursuant to this section, demonstrating anticompetitive
behavior that is harmful to U.S. customers. Carriers and other parties filing complaints must support their petitions with evidence, including an affidavit and relevant commercial agreements. The International Bureau will
review complaints on a case-by-case
basis and take appropriate action on
delegated authority pursuant to § 0.261
of this chapter. Interested parties will
have 10 days from the date of issuance
of a public notice of the petition to file
comments or oppositions to such petitions and subsequently 7 days for replies. In the event significant, immediate harm to the public interest is
likely to occur that cannot be addressed through post facto remedies, the
International Bureau may impose temporary requirements on carriers authorized pursuant to § 63.18 of this
chapter without prejudice to its findings on such petitions.
NOTE 1 TO § 64.1002: For purposes of this section, foreign carrier is defined in § 63.09 of this
chapter.
NOTE 2 TO § 64.1002: For purposes of this section, a foreign carrier shall be considered to
possess market power if it appears on the
Commission’s list of foreign carriers that do
not qualify for the presumption that they
lack market power in particular foreign

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Federal Communications Commission

§ 64.1110

points. This list is available on the International Bureau’s World Wide Web site at
http://www.fcc.gov/ib.

rier that submits a change, on behalf of
a subscriber, in the subscriber’s selection of a provider of telecommunications service but fails to obtain the
subscriber’s authorization verified in
accordance with the procedures specified in this part.
(e) The term unauthorized change is a
change in a subscriber’s selection of a
provider of telecommunications service
that was made without authorization
verified in accordance with the
verification procedures specified in this
part.
(f) The term state commission shall include any state entity with the statedesignated authority to resolve the
complaints of such state’s residents
arising out of an allegation that an unauthorized change of a telecommunication service provider has occurred
that has elected, in accordance with
the requirements of § 64.1110(a), to administer the Federal Communications
Commission’s slamming rules and remedies, as enumerated in §§ 64.1100
through 64.1190.
(g) The term relevant governmental
agency shall be the state commission if
the complainant files a complaint with
the state commission or if the complaint is forwarded to the state commission by the Federal Communications Commission, and the Federal
Communications Commission if the
complainant files a complaint with the
Federal Communications Commission,
and the complaint is not forwarded to
a state commission.
(h) The term subscriber is any one of
the following:
(1) The party identified in the account records of a common carrier as
responsible for payment of the telephone bill;
(2) Any adult person authorized by
such party to change telecommunications services or to charge services
to the account; or
(3) Any person contractually or otherwise lawfully authorized to represent
such party.

(e) Subject to the availability of electronic forms, all filings described in
this section must be filed electronically through the International Bureau
Filing System (IBFS). A list of forms
that are available for electronic filing
can be found on the IBFS homepage.
For information on electronic filing requirements, see part 1, §§ 1.1000 through
1.10018 of this chapter and the IBFS
homepage at http://www.fcc.gov/ibfs. See
also §§ 63.20 and 63.53.
[69 FR 23155, Apr. 28, 2004, as amended at 70
FR 38800, July 6, 2005]

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Subpart K—Changes in Preferred
Telecommunications Service
Providers
§ 64.1100 Definitions.
(a) The term submitting carrier is generally any telecommunications carrier
that requests on the behalf of a subscriber that the subscriber’s telecommunications carrier be changed,
and seeks to provide retail services to
the end user subscriber. A carrier may
be treated as a submitting carrier,
however, if it is responsible for any unreasonable delays in the submission of
carrier change requests or for the submission of unauthorized carrier change
requests, including fraudulent authorizations.
(b) The term executing carrier is generally any telecommunications carrier
that effects a request that a subscriber’s telecommunications carrier
be changed. A carrier may be treated
as an executing carrier, however, if it
is responsible for any unreasonable
delays in the execution of carrier
changes or for the execution of unauthorized carrier changes, including
fraudulent authorizations.
(c) The term authorized carrier is generally any telecommunications carrier
that submits a change, on behalf of a
subscriber, in the subscriber’s selection
of a provider of telecommunications
service with the subscriber’s authorization verified in accordance with the
procedures specified in this part.
(d) The term unauthorized carrier is
generally any telecommunications car-

[65 FR 47690, Aug. 3, 2000, as amended at 66
FR 12892, Mar. 1, 2001]

§ 64.1110 State notification of election
to administer FCC rules.
(a) Initial Notification. State notification of an intention to administer the

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§ 64.1120

47 CFR Ch. I (10–1–10 Edition)

Federal Communications Commission’s
unauthorized carrier change rules and
remedies, as enumerated in §§ 64.1100
through 64.1190, shall be filed with the
Commission Secretary in CC Docket
No. 94–129 with a copy of such notification provided to the Consumer & Governmental Affairs Bureau Chief. Such
notification shall contain, at a minimum, information on where consumers should file complaints, the type
of documentation, if any, that must accompany a complaint, and the procedures the state will use to adjudicate
complaints.
(b) Withdrawal of Notification. State
notification of an intention to discontinue administering the Federal
Communications Commission’s unauthorized carrier change rules and remedies, as enumerated in §§ 64.1100
through 64.1190, shall be filed with the
Commission Secretary in CC Docket
No. 94–129 with a copy of such amended
notification provided to the Consumer
& Governmental Affairs Bureau Chief.
Such discontinuance shall become effective 60 days after the Commission’s
receipt of the state’s letter.
[65 FR 47691, Aug. 3, 2000, as amended at 73
FR 13149, Mar. 12, 2008]

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§ 64.1120 Verification of orders
telecommunications service.

for

(a) No telecommunications carrier
shall submit or execute a change on
the behalf of a subscriber in the subscriber’s selection of a provider of telecommunications service except in accordance with the procedures prescribed in this subpart. Nothing in this
section shall preclude any State commission from enforcing these procedures with respect to intrastate services.
(1) No submitting carrier shall submit a change on the behalf of a subscriber in the subscriber’s selection of
a provider of telecommunications service prior to obtaining:
(i) Authorization from the subscriber,
and
(ii) Verification of that authorization
in accordance with the procedures prescribed in this section. The submitting
carrier shall maintain and preserve
records of verification of subscriber authorization for a minimum period of

two
years
after
obtaining
such
verification.
(2) An executing carrier shall not
verify the submission of a change in a
subscriber’s selection of a provider of
telecommunications service received
from a submitting carrier. For an executing carrier, compliance with the
procedures described in this part shall
be defined as prompt execution, without any unreasonable delay, of changes
that have been verified by a submitting
carrier.
(3) Commercial mobile radio services
(CMRS) providers shall be excluded
from the verification requirements of
this part as long as they are not required to provide equal access to common carriers for the provision of telephone toll services, in accordance with
47 U.S.C. 332(c)(8).
(b) Where a telecommunications carrier is selling more than one type of
telecommunications service (e.g., local
exchange,
intraLATA
toll,
and
interLATA toll), that carrier must obtain separate authorization from the
subscriber for each service sold, although the authorizations may be obtained within the same solicitation.
Each authorization must be verified
separately from any other authorizations obtained in the same solicitation.
Each authorization must be verified in
accordance with the verification procedures prescribed in this part.
(c) No telecommunications carrier
shall submit a preferred carrier change
order unless and until the order has
been confirmed in accordance with one
of the following procedures:
(1) The telecommunications carrier
has obtained the subscriber’s written
or electronically signed authorization
in a form that meets the requirements
of § 64.1130; or
(2) The telecommunications carrier
has obtained the subscriber’s electronic
authorization to submit the preferred
carrier change order. Such authorization must be placed from the telephone
number(s) on which the preferred carrier is to be changed and must confirm
the information in paragraph (a)(1) of
this section. Telecommunications carriers electing to confirm sales electronically shall establish one or more
toll-free telephone numbers exclusively
for that purpose. Calls to the number(s)

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erowe on DSK5CLS3C1PROD with CFR

Federal Communications Commission

§ 64.1120

will connect a subscriber to a voice response unit, or similar mechanism,
that records the required information
regarding the preferred carrier change,
including automatically recording the
originating automatic number identification; or
(3) An appropriately qualified independent third party has obtained, in
accordance with the procedures set
forth in paragraphs (c)(3)(i) through
(c)(3)(iv) of this section, the subscriber’s oral authorization to submit
the preferred carrier change order that
confirms and includes appropriate
verification data (e.g., the subscriber’s
date of birth or social security number). The independent third party must
not be owned, managed, controlled, or
directed by the carrier or the carrier’s
marketing agent; must not have any financial incentive to confirm preferred
carrier change orders for the carrier or
the carrier’s marketing agent; and
must operate in a location physically
separate from the carrier or the carrier’s marketing agent.
(i) Methods of third party verification.
Automated third party verification
systems and three-way conference calls
may be used for verification purposes
so long as the requirements of paragraphs (c)(3)(ii) through (c)(3)(iv) of
this section are satisfied.
(ii) Carrier initiation of third party
verification. A carrier or a carrier’s
sales representative initiating a threeway conference call or a call through
an automated verification system must
drop off the call once the three-way
connection has been established.
(iii) Requirements for content and format of third party verification. Any description of the carrier change transaction by a third party verifier must
not be misleading, and all third party
verification methods shall elicit, at a
minimum: The date of the verification;
the identity of the subscriber; confirmation that the person on the call is
authorized to make the carrier change;
confirmation that the person on the
call wants to make the carrier change;
confirmation that the person on the
call understands that a carrier change,
not an upgrade to existing service, bill
consolidation, or any other misleading
description of the transaction, is being
authorized; the names of the carriers

affected by the change (not including
the name of the displaced carrier); the
telephone numbers to be switched; and
the types of service involved (including
a brief description of a service about
which the subscriber demonstrates confusion regarding the nature of that
service). Except in Hawaii, any description of interLATA or long distance
service shall convey that it encompasses both international and state-tostate calls, as well as some intrastate
calls where applicable. If the subscriber
has additional questions for the carrier’s sales representative during the
verification, the verifier shall indicate
to the subscriber that, upon completion of the verification process, the
subscriber will have authorized a carrier change. Third party verifiers may
not market the carrier’s services by
providing additional information, including information regarding preferred carrier freeze procedures.
(iv) Other requirements for third party
verification.
All
third
party
verifications shall be conducted in the
same language that was used in the underlying sales transaction and shall be
recorded in their entirety. In accordance with the procedures set forth in
64.1120(a)(1)(ii),
submitting
carriers
shall maintain and preserve audio
records of verification of subscriber authorization for a minimum period of
two
years
after
obtaining
such
verification. Automated systems must
provide consumers with an option to
speak with a live person at any time
during the call.
(4) Any State-enacted verification
procedures applicable to intrastate preferred carrier change orders only.
(d)
Telecommunications
carriers
must provide subscribers the option of
using one of the authorization and
verification procedures specified in
§ 64.1120(c) in addition to an electronically
signed
authorization
and
verification
procedure
under
64.1120(c)(1).
(e) A telecommunications carrier
may acquire, through a sale or transfer, either part or all of another
telecommunica- tions carrier’s subscriber base without obtaining each
subscriber’s
authorization
and
verification
in
accordance
with
§ 64.1120(c), provided that the acquiring

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§ 64.1130

47 CFR Ch. I (10–1–10 Edition)

carrier complies with the following
streamlined
procedures.
A
telecommunications carrier may not use
these streamlined procedures for any
fraudulent purpose, including any attempt to avoid liability for violations
under part 64, subpart K of the Commission rules.
(1) No later than 30 days before the
planned transfer of the affected subscribers from the selling or transferring carrier to the acquiring carrier,
the acquiring carrier shall file with the
Commission’s Office of the Secretary a
letter notification in CC Docket No. 00–
257 providing the names of the parties
to the transaction, the types of telecommunications services to be provided to the affected subscribers, and
the date of the transfer of the subscriber base to the acquiring carrier. In
the letter notification, the acquiring
carrier also shall certify compliance
with the requirement to provide advance subscriber notice in accordance
with § 64.1120(e)(3), with the obligations
specified in that notice, and with other
statutory and Commission requirements that apply to this streamlined
process. In addition, the acquiring carrier shall attach a copy of the notice
sent to the affected subscribers.
(2) If, subsequent to the filing of the
letter notification with the Commission required by § 64.1120(e)(1), any material changes to the required information should develop, the acquiring carrier shall file written notification of
these changes with the Commission no
more than 10 days after the transfer
date announced in the prior notification. The Commission reserves the
right to require the acquiring carrier
to send an additional notice to the affected subscribers regarding such material changes.
(3) Not later than 30 days before the
transfer of the affected subscribers
from the selling or transferring carrier
to the acquiring carrier, the acquiring
carrier shall provide written notice to
each affected subscriber of the information specified. The acquiring carrier
is required to fulfill the obligations set
forth in the advance subscriber notice.
The advance subscriber notice shall be
provided in a manner consistent with
47 U.S.C. 255 and the Commission’s
rules regarding accessibility to blind

and visually-impaired consumers, 47
CFR 6.3, 6.5 of this chapter. The following information must be included in
the advance subscriber notice:
(i) The date on which the acquiring
carrier will become the subscriber’s
new provider of telecommunications
service,
(ii) The rates, terms, and conditions
of the service(s) to be provided by the
acquiring carrier upon the subscriber’s
transfer to the acquiring carrier, and
the means by which the acquiring carrier will notify the subscriber of any
change(s) to these rates, terms, and
conditions.
(iii) The acquiring carrier will be responsible for any carrier change
charges associated with the transfer,
except where the carrier is acquiring
customers by default, other than
through bankruptcy, and state law requires the exiting carrier to pay these
costs;
(iv) The subscriber’s right to select a
different preferred carrier for the telecommunications service(s) at issue, if
an alternative carrier is available,
(v) All subscribers receiving the notice, even those who have arranged preferred carrier freezes through their
local service providers on the service(s)
involved in the transfer, will be transferred to the acquiring carrier, unless
they have selected a different carrier
before the transfer date; existing preferred carrier freezes on the service(s)
involved in the transfer will be lifted;
and the subscribers must contact their
local service providers to arrange a
new freeze.
(vi) Whether the acquiring carrier
will be responsible for handling any
complaints filed, or otherwise raised,
prior to or during the transfer against
the selling or transferring carrier, and
(vii) The toll-free customer service
telephone number of the acquiring carrier.
[65 FR 47691, Aug. 3, 2000, as amended at 66
FR 12892, Mar. 1, 2001; 66 FR 28124, May 22,
2001; 68 FR 19159, Apr. 18, 2003; 70 FR 12611,
Mar. 15, 2005; 73 FR 13149, Mar. 12, 2008]

§ 64.1130 Letter of agency form and
content.
(a) A telecommunications carrier
may use a written or electronically

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Federal Communications Commission

§ 64.1130

signed letter of agency to obtain authorization and/or verification of a subscriber’s request to change his or her
preferred carrier selection. A letter of
agency that does not conform with this
section is invalid for purposes of this
part.
(b) The letter of agency shall be a
separate document (or an easily separable document) or located on a separate screen or webpage containing only
the authorizing language described in
paragraph (e) of this section having the
sole purpose of authorizing a telecommunications carrier to initiate a
preferred carrier change. The letter of
agency must be signed and dated by
the subscriber to the telephone line(s)
requesting
the
preferred
carrier
change.
(c) The letter of agency shall not be
combined on the same document,
screen, or webpage with inducements of
any kind.
(d) Notwithstanding paragraphs (b)
and (c) of this section, the letter of
agency may be combined with checks
that contain only the required letter of
agency language as prescribed in paragraph (e) of this section and the necessary information to make the check
a negotiable instrument. The letter of
agency check shall not contain any
promotional language or material. The
letter of agency check shall contain in
easily readable, bold-face type on the
front of the check, a notice that the
subscriber is authorizing a preferred
carrier change by signing the check.
The letter of agency language shall be
placed near the signature line on the
back of the check.
(e) At a minimum, the letter of agency must be printed with a type of sufficient size and readable type to be clearly legible and must contain clear and
unambiguous language that confirms:
(1) The subscriber’s billing name and
address and each telephone number to
be covered by the preferred carrier
change order;
(2) The decision to change the preferred carrier from the current telecommunications carrier to the soliciting telecommunications carrier;
(3) That the subscriber designates
[insert the name of the submitting carrier] to act as the subscriber’s agent
for the preferred carrier change;

(4) That the subscriber understands
that only one telecommunications carrier may be designated as the subscriber’s interstate or interLATA preferred interexchange carrier for any
one telephone number. To the extent
that a jurisdiction allows the selection
of additional preferred carriers (e.g.,
local
exchange,
intraLATA
toll,
interLATA toll, or international interexchange), the letter of agency must
contain separate statements regarding
those choices, although a separate letter of agency for each choice is not
necessary; and
(5) That the subscriber may consult
with the carrier as to whether a fee
will apply to the change in the subscriber’s preferred carrier.
(f) Any carrier designated in a letter
of agency as a preferred carrier must
be the carrier directly setting the rates
for the subscriber.
(g) Letters of agency shall not suggest or require that a subscriber take
some action in order to retain the subscriber’s current telecommunications
carrier.
(h) If any portion of a letter of agency is translated into another language
then all portions of the letter of agency
must be translated into that language.
Every letter of agency must be translated into the same language as any
promotional materials, oral descriptions or instructions provided with the
letter of agency.
(i) Letters of agency submitted with
an electronically signed authorization
must include the consumer disclosures
required by Section 101(c) of the Electronic Signatures in Global and National Commerce Act.
(j) A telecommunications carrier
shall submit a preferred carrier change
order on behalf of a subscriber within
no more than 60 days of obtaining a
written or electronically signed letter
of agency. However, letters of agency
for multi-line and/or multi-location
business customers that have entered
into negotiated agreements with carriers to add presubscribed lines to their
business locations during the course of

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§ 64.1140

47 CFR Ch. I (10–1–10 Edition)

a term agreement shall be valid for the
period specified in the term agreement.
[64 FR 7760, Feb. 16, 1999. Redesignated at 65
FR 47692, Aug. 3, 2000, as amended at 66 FR
12893, Mar. 1, 2001; 66 FR 16151, Mar. 23, 2001;
68 FR 19159, Apr. 18, 2003; 73 FR 13149, Mar. 12,
2008]

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§ 64.1140 Carrier
ming.

liability

for

slam-

amounts determined in accordance
with the provisions of § 64.1170(c).
(3) If the subscriber has been absolved
of liability as prescribed by this section, the unauthorized carrier shall
also be liable to the subscriber for any
charge required to return the subscriber to his or her properly authorized carrier, if applicable.
[65 FR 47691, Aug. 3, 2000]

(a) Carrier Liability for Charges. Any
submitting telecommunications carrier
that fails to comply with the procedures prescribed in this part shall be
liable to the subscriber’s properly authorized carrier in an amount equal to
150% of all charges paid to the submitting telecommunications carrier by
such subscriber after such violation, as
well as for additional amounts as prescribed in § 64.1170. The remedies provided in this part are in addition to
any other remedies available by law.
(b) Subscriber Liability for Charges.
Any subscriber whose selection of telecommunications services provider is
changed without authorization verified
in accordance with the procedures set
for in this part is liable for charges as
follows:
(1) If the subscriber has not already
paid charges to the unauthorized carrier, the subscriber is absolved of liability for charges imposed by the unauthorized carrier for service provided
during the first 30 days after the unauthorized change. Upon being informed
by a subscriber that an unauthorized
change has occurred, the authorized
carrier, the unauthorized carrier, or
the executing carrier shall inform the
subscriber of this 30-day absolution period. Any charges imposed by the unauthorized carrier on the subscriber for
service provided after this 30–day period shall be paid by the subscriber to
the authorized carrier at the rates the
subscriber was paying to the authorized carrier at the time of the unauthorized change in accordance with the
provisions of § 64.1160(e).
(2) If the subscriber has already paid
charges to the unauthorized carrier,
and the authorized carrier receives
payment from the unauthorized carrier
as provided for in paragraph (a) of this
section, the authorized carrier shall refund or credit to the subscriber any

§ 64.1150 Procedures for resolution of
unauthorized changes in preferred
carrier.
(a) Notification of alleged unauthorized
carrier change. Executing carriers who
are informed of an unauthorized carrier
change by a subscriber must immediately notify both the authorized and
allegedly unauthorized carrier of the
incident. This notification must include the identity of both carriers.
(b) Referral of complaint. Any carrier,
executing, authorized, or allegedly unauthorized, that is informed by a subscriber or an executing carrier of an
unauthorized carrier change shall direct that subscriber either to the state
commission or, where the state commission has not opted to administer
these rules, to the Federal Communications Commission’s Consumer & Governmental Affairs Bureau, for resolution of the complaint. Carriers shall
also inform the subscriber that he or
she may contact and seek resolution
from the alleged unauthorized carrier
and, in addition, may contact the authorized carrier.
(c) Notification of receipt of complaint.
Upon receipt of an unauthorized carrier
change complaint, the relevant governmental agency will notify the allegedly
unauthorized carrier of the complaint
and order that the carrier remove all
unpaid charges for the first 30 days
after the slam from the subscriber’s
bill pending a determination of whether an unauthorized change, as defined
by § 64.1100(e), has occurred, if it has
not already done so.
(d) Proof of verification. Not more
than 30 days after notification of the
complaint, or such lesser time as is required by the state commission if a
matter is brought before a state commission, the alleged unauthorized carrier shall provide to the relevant government agency a copy of any valid

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Federal Communications Commission

§ 64.1160

proof of verification of the carrier
change. This proof of verification must
contain clear and convincing evidence
of a valid authorized carrier change, as
that term is defined in §§ 64.1120
through 64.1130. The relevant governmental agency will determine whether
an unauthorized change, as defined by
§ 64.1100(e), has occurred using such
proof and any evidence supplied by the
subscriber. Failure by the carrier to respond or provide proof of verification
will be presumed to be clear and convincing evidence of a violation.
(e) Election of forum. The Federal
Communications Commission will not
adjudicate a complaint filed pursuant
to § 1.719 or §§ 1.720 through 1.736 of this
chapter, involving an alleged unauthorized change, as defined by § 64.1100(e),
while a complaint based on the same
set of facts is pending with a state
commission.

either the date of removal of charges
from the complaining subscriber’s bill
in accordance with paragraph (b) of
this section, or the date the allegedly
unauthorized carrier notifies the complaining subscriber of the requirements
of this paragraph, whichever is later;
and a failure to file such a complaint
within this 30-day time period will result in the charges removed pursuant
to paragraph (b) of this section being
reinstated on the subscriber’s bill and,
consequently, the complaining subscriber will only be entitled to remedies for the alleged unauthorized
change other than those provided for in
§ 64.1140(b)(1). No allegedly unauthorized carrier shall reinstate charges to a
subscriber’s bill pursuant to the provisions of this paragraph without first
providing such subscriber with a reasonable opportunity to demonstrate
that the requisite complaint was timely filed within the 30-day period described in this paragraph.
(d) If the relevant governmental
agency determines after reasonable investigation that an unauthorized
change, as defined by § 64.1100(e), has
occurred, an order shall be issued providing that the subscriber is entitled to
absolution from the charges incurred
during the first 30 days after the unauthorized carrier change occurred, and
neither the authorized or unauthorized
carrier may pursue any collection
against the subscriber for those
charges.
(e) If the subscriber has incurred
charges for more than 30 days after the
unauthorized carrier change, the unauthorized carrier must forward the billing information for such services to the
authorized carrier, which may bill the
subscriber for such services using either of the following means:
(1) The amount of the charge may be
determined by a re-rating of the services provided based on what the authorized carrier would have charged
the subscriber for the same services
had an unauthorized change, as described in § 64.1100(e), not occurred; or
(2) The amount of the charge may be
determined using a 50% Proxy Rate as
follows: Upon receipt of billing information from the unauthorized carrier,

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[65 FR 47692, Aug. 3, 2000, as amended at 68
FR 19159, Apr. 18, 2003; 73 FR 13149, Mar. 12,
2008]

§ 64.1160 Absolution procedures where
the subscriber has not paid
charges.
(a) This section shall only apply after
a subscriber has determined that an
unauthorized change, as defined by
§ 64.1100(e), has occurred and the subscriber has not paid charges to the allegedly unauthorized carrier for service
provided for 30 days, or a portion thereof, after the unauthorized change occurred.
(b) An allegedly unauthorized carrier
shall remove all charges incurred for
service provided during the first 30
days after the alleged unauthorized
change
occurred,
as
defined
by
§ 64.1100(e), from a subscriber’s bill
upon notification that such unauthorized change is alleged to have occurred.
(c) An allegedly unauthorized carrier
may challenge a subscriber’s allegation
that an unauthorized change, as defined by § 64.1100(e), occurred. An allegedly unauthorized carrier choosing to
challenge such allegation shall immediately notify the complaining subscriber that: The complaining subscriber must file a complaint with a
State commission that has opted to administer the FCC’s rules, pursuant to
§ 64.1110, or the FCC within 30 days of

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§ 64.1170

47 CFR Ch. I (10–1–10 Edition)

the authorized carrier may bill the subscriber for 50% of the rate the unauthorized carrier would have charged
the subscriber for the services provided. However, the subscriber shall
have the right to reject use of this 50%
proxy method and require that the authorized carrier perform a re-rating of
the services provided, as described in
paragraph (e)(1) of this section.
(f) If the unauthorized carrier received payment from the subscriber for
services provided after the first 30 days
after the unauthorized change occurred, the obligations for payments
and refunds provided for in § 64.1170
shall apply to those payments. If the
relevant governmental agency determines after reasonable investigation
that the carrier change was authorized,
the carrier may re-bill the subscriber
for charges incurred.
(g) When a LEC has assigned a subscriber to a carrier without authorization, and where the subscriber has not
paid the unauthorized charges, the LEC
shall switch the subscriber to the desired carrier at no cost to the subscriber, and shall also secure the removal of the unauthorized charges
from the subscriber’s bill in accordance
with the procedures specified in paragraphs (a) through (f) of this section.

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[65 FR 47692, Aug. 3, 2000, as amended at 68
FR 19159, Apr. 18, 2003; 73 FR 13149, Mar. 12,
2008]

§ 64.1170 Reimbursement procedures
where the subscriber has paid
charges.
(a) The procedures in this section
shall only apply after a subscriber has
determined that an unauthorized
change, as defined by § 64.1100(e), has
occurred and the subscriber has paid
charges to an allegedly unauthorized
carrier.
(b) If the relevant governmental
agency determines after reasonable investigation that an unauthorized
change, as defined by § 64.1100(e), has
occurred, it shall issue an order directing the unauthorized carrier to forward
to the authorized carrier the following,
in addition to any appropriate state
remedies:
(1) An amount equal to 150% of all
charges paid by the subscriber to the
unauthorized carrier; and

(2) Copies of any telephone bills
issued from the unauthorized carrier to
the subscriber. This order shall be sent
to the subscriber, the unauthorized
carrier, and the authorized carrier.
(c) Within ten days of receipt of the
amount provided for in paragraph (b)(1)
of this section, the authorized carrier
shall provide a refund or credit to the
subscriber in the amount of 50% of all
charges paid by the subscriber to the
unauthorized carrier. The subscriber
has the option of asking the authorized
carrier to re-rate the unauthorized carrier’s charges based on the rates of the
authorized carrier and, on behalf of the
subscriber, seek an additional refund
from the unauthorized carrier, to the
extent that the re-rated amount exceeds the 50% of all charges paid by the
subscriber to the unauthorized carrier.
The authorized carrier shall also send
notice to the relevant governmental
agency that it has given a refund or
credit to the subscriber.
(d) If an authorized carrier incurs
billing and collection expenses in collecting charges from the unauthorized
carrier, the unauthorized carrier shall
reimburse the authorized carrier for
reasonable expenses.
(e) If the authorized carrier has not
received payment from the unauthorized carrier as required by paragraph
(c) of this section, the authorized carrier is not required to provide any refund or credit to the subscriber. The
authorized carrier must, within 45 days
of receiving an order as described in
paragraph (b) of this section, inform
the subscriber and the relevant governmental agency that issued the order if
the unauthorized carrier has failed to
forward to it the appropriate charges,
and also inform the subscriber of his or
her right to pursue a claim against the
unauthorized carrier for a refund of all
charges paid to the unauthorized carrier.
(f) Where possible, the properly authorized carrier must reinstate the
subscriber in any premium program in
which that subscriber was enrolled
prior to the unauthorized change, if the
subscriber’s participation in that program was terminated because of the
unauthorized change. If the subscriber
has paid charges to the unauthorized
carrier, the properly authorized carrier

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Federal Communications Commission

§ 64.1190

shall also provide or restore to the subscriber any premiums to which the subscriber would have been entitled had
the unauthorized change not occurred.
The authorized carrier must comply
with the requirements of this section
regardless of whether it is able to recover from the unauthorized carrier
any charges that were paid by the subscriber.
(g) When a LEC has assigned a subscriber to a non-affiliated carrier without authorization, and when a subscriber has paid the non-affiliated carrier the charges for the billed service,
the LEC shall reimburse the subscriber
for all charges paid by the subscriber
to the unauthorized carrier and shall
switch the subscriber to the desired
carrier at no cost to the subscriber.
When a LEC makes an unauthorized
carrier change to an affiliated carrier,
and when the customer has paid the
charges, the LEC must pay to the authorized carrier 150% of the amounts
collected from the subscriber in accordance with paragraphs (a) through
(f) of this section.

regarding preferred carrier freezes
must include:
(i) An explanation, in clear and neutral language, of what a preferred carrier freeze is and what services may be
subject to a freeze;
(ii) A description of the specific procedures necessary to lift a preferred
carrier freeze; an explanation that
these steps are in addition to the Commission’s verification rules in §§ 64.1120
and 64.1130 for changing a subscriber’s
preferred carrier selections; and an explanation that the subscriber will be
unable to make a change in carrier selection unless he or she lifts the freeze.
(iii) An explanation of any charges
associated with the preferred carrier
freeze.
(2) No local exchange carrier shall
implement a preferred carrier freeze
unless the subscriber’s request to impose a freeze has first been confirmed
in accordance with one of the following
procedures:
(i) The local exchange carrier has obtained the subscriber’s written or electronically signed authorization in a
form that meets the requirements of
§ 64.1190(d)(3); or
(ii) The local exchange carrier has
obtained the subscriber’s electronic authorization, placed from the telephone
number(s) on which the preferred carrier freeze is to be imposed, to impose
a preferred carrier freeze. The electronic authorization should confirm
appropriate verification data (e.g., the
subscriber’s date of birth or social security number) and the information required in §§ 64.1190(d)(3)(ii)(A) through
(D).
Telecommunications
carriers
electing to confirm preferred carrier
freeze orders electronically shall establish one or more toll-free telephone
numbers exclusively for that purpose.
Calls to the number(s) will connect a
subscriber to a voice response unit, or
similar mechanism that records the required information regarding the preferred carrier freeze request, including
automatically recording the originating automatic numbering identification; or
(iii) An appropriately qualified independent third party has obtained the
subscriber’s oral authorization to submit the preferred carrier freeze and
confirmed the appropriate verification

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[65 FR 47693, Aug. 3, 2000, as amended at 68
FR 19159, Apr. 18, 2003]

§ 64.1190 Preferred carrier freezes.
(a) A preferred carrier freeze (or
freeze) prevents a change in a subscriber’s preferred carrier selection unless the subscriber gives the carrier
from whom the freeze was requested
his or her express consent. All local exchange carriers who offer preferred carrier freezes must comply with the provisions of this section.
(b) All local exchange carriers who
offer preferred carrier freezes shall
offer freezes on a nondiscriminatory
basis to all subscribers, regardless of
the subscriber’s carrier selections.
(c) Preferred carrier freeze procedures, including any solicitation, must
clearly
distinguish
among
telecommunications services (e.g., local exchange,
intraLATA
toll,
and
interLATA toll) subject to a preferred
carrier freeze. The carrier offering the
freeze must obtain separate authorization for each service for which a preferred carrier freeze is requested.
(d) Solicitation and imposition of preferred carrier freezes. (1) All carrier-provided solicitation and other materials

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§ 64.1195

47 CFR Ch. I (10–1–10 Edition)

data (e.g., the subscriber’s date of birth
or social security number) and the information
required
in
§ 64.1190(d)(3)(ii)(A) through (D). The
independent third party must not be
owned, managed, or directly controlled
by the carrier or the carrier’s marketing agent; must not have any financial incentive to confirm preferred carrier freeze requests for the carrier or
the carrier’s marketing agent; and
must operate in a location physically
separate from the carrier or the carrier’s marketing agent. The content of
the verification must include clear and
conspicuous confirmation that the subscriber has authorized a preferred carrier freeze.
(3) Written authorization to impose a
preferred carrier freeze. A local exchange
carrier may accept a subscriber’s written and signed authorization to impose
a freeze on his or her preferred carrier
selection. Written authorization that
does not conform with this section is
invalid and may not be used to impose
a preferred carrier freeze.
(i) The written authorization shall
comply with §§ 64.1130(b), (c), and (h) of
the Commission’s rules concerning the
form and content for letters of agency.
(ii) At a minimum, the written authorization must be printed with a
readable type of sufficient size to be
clearly legible and must contain clear
and unambiguous language that confirms:
(A) The subscriber’s billing name and
address and the telephone number(s) to
be covered by the preferred carrier
freeze;
(B) The decision to place a preferred
carrier freeze on the telephone number(s) and particular service(s). To the
extent that a jurisdiction allows the
imposition of preferred carrier freezes
on additional preferred carrier selections
(e.g.,
for
local
exchange,
intraLATA toll, and interLATA toll),
the authorization must contain separate statements regarding the particular selections to be frozen;
(C) That the subscriber understands
that she or he will be unable to make
a change in carrier selection unless she
or he lifts the preferred carrier freeze;
and

(D) That the subscriber understands
that any preferred carrier freeze may
involve a charge to the subscriber.
(e) Procedures for lifting preferred carrier freezes. All local exchange carriers
who offer preferred carrier freezes
must, at a minimum, offer subscribers
the following procedures for lifting a
preferred carrier freeze:
(1) A local exchange carrier administering a preferred carrier freeze must
accept a subscriber’s written or electronically signed authorization stating
his or her intent to lift a preferred carrier freeze; and
(2) A local exchange carrier administering a preferred carrier freeze must
accept a subscriber’s oral authorization
stating her or his intent to lift a preferred carrier freeze and must offer a
mechanism that allows a submitting
carrier to conduct a three-way conference call with the carrier administering the freeze and the subscriber
in order to lift a freeze. When engaged
in oral authorization to lift a preferred
carrier freeze, the carrier administering the freeze shall confirm appropriate verification data (e.g., the subscriber’s date of birth or social security
number) and the subscriber’s intent to
lift the particular freeze.
[64 FR 7762, Feb. 16, 1999, as amended at 66
FR 12893, Mar. 1, 2001; 73 FR 13150, Mar. 12,
2008]

§ 64.1195 Registration requirement.
(a) Applicability. A telecommunications carrier that will provide interstate telecommunications service shall
file the registration information described in paragraph (b) of this section
in accordance with the procedures described in paragraphs (c) and (g) of this
section. Any telecommunications carrier already providing interstate telecommunications service on the effective date of these rules shall submit
the relevant portion of its FCC Form
499–A in accordance with paragraphs
(b) and (c) of this section.
(b) Information required for purposes of
part 64. A telecommunications carrier
that is subject to the registration requirement pursuant to paragraph (a) of
this section shall provide the following
information:
(1) The carrier’s business name(s) and
primary address;

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Federal Communications Commission

§ 64.1200

(2) The names and business addresses
of the carrier’s chief executive officer,
chairman, and president, or, in the
event that a company does not have
such executives, three similarly seniorlevel officials of the company;
(3) The carrier’s regulatory contact
and/or designated agent;
(4) All names that the carrier has
used in the past; and
(5) The state(s) in which the carrier
provides telecommunications service.
(c) Submission of registration. A carrier
that is subject to the registration requirement pursuant to paragraph (a) of
this section shall submit the information described in paragraph (b) of this
section in accordance with the Instructions to FCC Form 499–A. FCC Form
499–A must be submitted under oath
and penalty of perjury.
(d) Rejection of registration. The Commission may reject or suspend a carrier’s registration for any of the reasons identified in paragraphs (e) or (f)
of this section.
(e) Revocation or suspension of operating authority. After notice and opportunity to respond, the Commission
may revoke or suspend the authorization of a carrier to provide service if
the carrier provides materially false or
incomplete information in its FCC
Form 499–A or otherwise fails to comply with paragraphs (a), (b), and (c) of
this section.
(f) Imposition of fine. After notice and
opportunity to respond, the Commission may impose a fine on a carrier
that is subject to the registration requirement pursuant to paragraph (a) of
this section if that carrier fails to submit an FCC Form 499–A in accordance
with paragraphs (a), (b), and (c) of this
section.
(g) Changes in information. A carrier
must notify the Commission of any
changes to the information provided
pursuant to paragraph (b) of this section within no more than one week of
the change. Carriers may satisfy this
requirement by filing the relevant portion of FCC Form 499–A in accordance
with the Instructions to such form.
(h) Duty to confirm registration of other
carriers. The Commission shall make
available to the public a comprehensive listing of registrants and the information that they have provided pursu-

ant to paragraph (b) of this section. A
telecommunications carrier providing
telecommunications service for resale
shall have an affirmative duty to ascertain whether a potential carrier-customer (i.e., reseller) that is subject to
the registration requirement pursuant
to paragraph (a) of this section has
filed an FCC Form 499–A with the Commission prior to offering service to
that carrier-customer. After notice and
opportunity to respond, the Commission may impose a fine on a carrier for
failure to confirm the registration status of a potential carrier-customer before providing that carrier-customer
with service.
[66 FR 12894, Mar. 1, 2001]

Subpart L—Restrictions on Telemarketing, Telephone Solicitation, and Facsimile Advertising
§ 64.1200

Delivery restrictions.

(a) No person or entity may: (1) Initiate any telephone call (other than a
call made for emergency purposes or
made with the prior express consent of
the called party) using an automatic
telephone dialing system or an artificial or prerecorded voice;
(i) To any emergency telephone line,
including any 911 line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;
(ii) To the telephone line of any guest
room or patient room of a hospital,
health care facility, elderly home, or
similar establishment; or
(iii) To any telephone number assigned to a paging service, cellular
telephone service, specialized mobile
radio service, or other radio common
carrier service, or any service for
which the called party is charged for
the call.
(iv) A person will not be liable for
violating the prohibition in paragraph
(a)(1)(iii) of this section when the call
is placed to a wireless number that has
been ported from wireline service and
such call is a voice call; not knowingly
made to a wireless number; and made
within 15 days of the porting of the

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erowe on DSK5CLS3C1PROD with CFR

§ 64.1200

47 CFR Ch. I (10–1–10 Edition)

number from wireline to wireless service, provided the number is not already
on the national do-not-call registry or
caller’s company-specific do-not-call
list.
(2) Initiate any telephone call to any
residential line using an artificial or
prerecorded voice to deliver a message
without the prior express consent of
the called party, unless the call;
(i) Is made for emergency purposes;
(ii) Is not made for a commercial purpose;
(iii) Is made for a commercial purpose but does not include or introduce
an unsolicited advertisement or constitute a telephone solicitation;
(iv) Is made to any person with whom
the caller has an established business
relationship at the time the call is
made; or
(v) Is made by or on behalf of a taxexempt nonprofit organization.
(3) Use a telephone facsimile machine, computer, or other device to
send an unsolicited advertisement to a
telephone facsimile machine, unless—
(i) The unsolicited advertisement is
from a sender with an established business relationship, as defined in paragraph (f)(5) of this section, with the recipient; and
(ii) The sender obtained the number
of the telephone facsimile machine
through—
(A) The voluntary communication of
such number by the recipient directly
to the sender, within the context of
such established business relationship;
or
(B) A directory, advertisement, or
site on the Internet to which the recipient voluntarily agreed to make
available its facsimile number for public distribution. If a sender obtains the
facsimile number from the recipient’s
own directory, advertisement, or Internet site, it will be presumed that the
number was voluntarily made available
for public distribution, unless such materials explicitly note that unsolicited
advertisements are not accepted at the
specified facsimile number. If a sender
obtains the facsimile number from
other sources, the sender must take
reasonable steps to verify that the recipient agreed to make the number
available for public distribution.

(C) This clause shall not apply in the
case of an unsolicited advertisement
that is sent based on an established
business relationship with the recipient that was in existence before July 9,
2005 if the sender also possessed the
facsimile machine number of the recipient before July 9, 2005. There shall
be a rebuttable presumption that if a
valid established business relationship
was formed prior to July 9, 2005, the
sender possessed the facsimile number
prior to such date as well; and
(iii) The advertisement contains a
notice that informs the recipient of the
ability and means to avoid future unsolicited advertisements. A notice contained in an advertisement complies
with the requirements under this paragraph only if—
(A) The notice is clear and conspicuous and on the first page of the
advertisement;
(B) The notice states that the recipient may make a request to the sender
of the advertisement not to send any
future advertisements to a telephone
facsimile machine or machines and
that failure to comply, within 30 days,
with such a request meeting the requirements under paragraph (a)(3)(v) of
this section is unlawful;
(C) The notice sets forth the requirements for an opt-out request under
paragraph (a)(3)(v) of this section;
(D) The notice includes—
(1) A domestic contact telephone
number and facsimile machine number
for the recipient to transmit such a request to the sender; and
(2) If neither the required telephone
number nor facsimile machine number
is a toll-free number, a separate costfree mechanism including a Web site
address or e-mail address, for a recipient to transmit a request pursuant to
such notice to the sender of the advertisement. A local telephone number
also shall constitute a cost-free mechanism so long as recipients are local and
will not incur any long distance or
other separate charges for calls made
to such number; and
(E) The telephone and facsimile numbers and cost-free mechanism identified in the notice must permit an individual or business to make an opt-out
request 24 hours a day, 7 days a week.

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Federal Communications Commission

§ 64.1200

(iv) A facsimile advertisement that is
sent to a recipient that has provided
prior express invitation or permission
to the sender must include an opt-out
notice that complies with the requirements in paragraph (a)(3)(iii) of this
section.
(v) A request not to send future unsolicited advertisements to a telephone
facsimile machine complies with the
requirements under this subparagraph
only if—
(A) The request identifies the telephone number or numbers of the telephone facsimile machine or machines
to which the request relates;
(B) The request is made to the telephone number, facsimile number, Web
site address or e-mail address identified in the sender’s facsimile advertisement; and
(C) The person making the request
has not, subsequent to such request,
provided express invitation or permission to the sender, in writing or otherwise, to send such advertisements to
such person at such telephone facsimile
machine.
(vi) A sender that receives a request
not to send future unsolicited advertisements that complies with paragraph (a)(3)(v) of this section must
honor that request within the shortest
reasonable time from the date of such
request, not to exceed 30 days, and is
prohibited from sending unsolicited advertisements to the recipient unless
the recipient subsequently provides
prior express invitation or permission
to the sender. The recipient’s opt-out
request terminates the established
business relationship exemption for
purposes of sending future unsolicited
advertisements. If such requests are recorded or maintained by a party other
than the sender on whose behalf the
unsolicited advertisement is sent, the
sender will be liable for any failures to
honor the opt-out request.
(vii) A facsimile broadcaster will be
liable for violations of paragraph (a)(3)
of this section, including the inclusion
of opt-out notices on unsolicited advertisements, if it demonstrates a high degree of involvement in, or actual notice of, the unlawful activity and fails
to take steps to prevent such facsimile
transmissions.

(4) Use an automatic telephone dialing system in such a way that two or
more telephone lines of a multi-line
business are engaged simultaneously.
(5) Disconnect an unanswered telemarketing call prior to at least 15 seconds or four (4) rings.
(6) Abandon more than three percent
of all telemarketing calls that are answered live by a person, or measured
over a 30-day period. A call is ‘‘abandoned’’ if it is not connected to a live
sales representative within two (2) seconds of the called person’s completed
greeting. Whenever a sales representative is not available to speak with the
person answering the call, that person
must receive, within two (2) seconds
after the called person’s completed
greeting, a prerecorded identification
message that states only the name and
telephone number of the business, entity, or individual on whose behalf the
call was placed, and that the call was
for ‘‘telemarketing purposes.’’ The
telephone number so provided must
permit any individual to make a donot-call request during regular business hours for the duration of the telemarketing campaign. The telephone
number may not be a 900 number or
any other number for which charges
exceed local or long distance transmission charges. The seller or telemarketer must maintain records establishing compliance with paragraph
(a)(6) of this section.
(i) A call for telemarketing purposes
that
delivers
an
artificial
or
prerecorded voice message to a residential telephone line that is assigned to a
person who either has granted prior express consent for the call to be made or
has an established business relationship with the caller shall not be considered an abandoned call if the message
begins within two (2) seconds of the
called person’s completed greeting.
(ii) Calls made by or on behalf of taxexempt nonprofit organizations are not
covered by paragraph (a)(6) of this section.
(7) Use any technology to dial any
telephone number for the purpose of
determining whether the line is a facsimile or voice line.
(b) All artificial or prerecorded telephone messages shall:

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§ 64.1200

47 CFR Ch. I (10–1–10 Edition)

(1) At the beginning of the message,
state clearly the identity of the business, individual, or other entity that is
responsible for initiating the call. If a
business is responsible for initiating
the call, the name under which the entity is registered to conduct business
with the State Corporation Commission (or comparable regulatory authority) must be stated, and
(2) During or after the message, state
clearly the telephone number (other
than that of the autodialer or
prerecorded message player that placed
the call) of such business, other entity,
or individual. The telephone number
provided may not be a 900 number or
any other number for which charges
exceed local or long distance transmission charges. For telemarketing
messages to residential telephone subscribers, such telephone number must
permit any individual to make a donot-call request during regular business hours for the duration of the telemarketing campaign.
(c) No person or entity shall initiate
any telephone solicitation, as defined
in paragraph (f)(12) of this section, to:
(1) Any residential telephone subscriber before the hour of 8 a.m. or
after 9 p.m. (local time at the called
party’s location), or
(2) A residential telephone subscriber
who has registered his or her telephone
number on the national do-not-call registry of persons who do not wish to receive telephone solicitations that is
maintained by the Federal Government. Such do-not-call registrations
must be honored indefinitely, or until
the registration is cancelled by the
consumer or the telephone number is
removed by the database administrator. Any person or entity making
telephone solicitations (or on whose behalf telephone solicitations are made)
will not be liable for violating this requirement if:
(i) It can demonstrate that the violation is the result of error and that as
part of its routine business practice, it
meets the following standards:
(A) Written procedures. It has established and implemented written procedures to comply with the national donot-call rules;
(B) Training of personnel. It has
trained its personnel, and any entity

assisting in its compliance, in procedures established pursuant to the national do-not-call rules;
(C) Recording. It has maintained and
recorded a list of telephone numbers
that the seller may not contact;
(D) Accessing the national do-not-call
database. It uses a process to prevent
telephone solicitations to any telephone number on any list established
pursuant to the do-not-call rules, employing a version of the national donot-call registry obtained from the administrator of the registry no more
than 31 days prior to the date any call
is made, and maintains records documenting this process.
NOTE TO PARAGRAPH (c)(2)(i)(D): The requirement in paragraph 64.1200(c)(2)(i)(D) for
persons or entities to employ a version of the
national do-not-call registry obtained from
the administrator no more than 31 days prior
to the date any call is made is effective January 1, 2005. Until January 1, 2005, persons or
entities must continue to employ a version
of the registry obtained from the administrator of the registry no more than three
months prior to the date any call is made.

(E) Purchasing the national do-not-call
database. It uses a process to ensure
that it does not sell, rent, lease, purchase or use the national do-not-call
database, or any part thereof, for any
purpose except compliance with this
section and any such state or federal
law to prevent telephone solicitations
to telephone numbers registered on the
national database. It purchases access
to the relevant do-not-call data from
the administrator of the national database and does not participate in any arrangement to share the cost of accessing the national database, including
any arrangement with telemarketers
who may not divide the costs to access
the national database among various
client sellers; or
(ii) It has obtained the subscriber’s
prior express invitation or permission.
Such permission must be evidenced by
a signed, written agreement between
the consumer and seller which states
that the consumer agrees to be contacted by this seller and includes the
telephone number to which the calls
may be placed; or
(iii) The telemarketer making the
call has a personal relationship with
the recipient of the call.

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Federal Communications Commission

§ 64.1200

(d) No person or entity shall initiate
any call for telemarketing purposes to
a residential telephone subscriber unless such person or entity has instituted procedures for maintaining a list
of persons who request not to receive
telemarketing calls made by or on behalf of that person or entity. The procedures instituted must meet the following minimum standards:
(1) Written policy. Persons or entities
making calls for telemarketing purposes must have a written policy,
available upon demand, for maintaining a do-not-call list.
(2) Training of personnel engaged in
telemarketing. Personnel engaged in any
aspect of telemarketing must be informed and trained in the existence
and use of the do-not-call list.
(3) Recording, disclosure of do-not-call
requests. If a person or entity making a
call for telemarketing purposes (or on
whose behalf such a call is made) receives a request from a residential telephone subscriber not to receive calls
from that person or entity, the person
or entity must record the request and
place the subscriber’s name, if provided, and telephone number on the donot-call list at the time the request is
made. Persons or entities making calls
for telemarketing purposes (or on
whose behalf such calls are made) must
honor a residential subscriber’s do-notcall request within a reasonable time
from the date such request is made.
This period may not exceed thirty days
from the date of such request. If such
requests are recorded or maintained by
a party other than the person or entity
on whose behalf the telemarketing call
is made, the person or entity on whose
behalf the telemarketing call is made
will be liable for any failures to honor
the do-not-call request. A person or entity making a call for telemarketing
purposes must obtain a consumer’s
prior express permission to share or
forward the consumer’s request not to
be called to a party other than the person or entity on whose behalf a telemarketing call is made or an affiliated
entity.
(4) Identification of sellers and telemarketers. A person or entity making a
call for telemarketing purposes must
provide the called party with the name
of the individual caller, the name of

the person or entity on whose behalf
the call is being made, and a telephone
number or address at which the person
or entity may be contacted. The telephone number provided may not be a
900 number or any other number for
which charges exceed local or long distance transmission charges.
(5) Affiliated persons or entities. In the
absence of a specific request by the
subscriber to the contrary, a residential subscriber’s do-not-call request
shall apply to the particular business
entity making the call (or on whose behalf a call is made), and will not apply
to affiliated entities unless the consumer reasonably would expect them
to be included given the identification
of the caller and the product being advertised.
(6) Maintenance of do-not-call lists. A
person or entity making calls for telemarketing purposes must maintain a
record of a consumer’s request not to
receive further telemarketing calls. A
do-not-call request must be honored for
5 years from the time the request is
made.
(7) Tax-exempt nonprofit organizations are not required to comply with
64.1200(d).
(e) The rules set forth in paragraph
(c) and (d) of this section are applicable
to any person or entity making telephone solicitations or telemarketing
calls to wireless telephone numbers to
the extent described in the Commission’s Report and Order, CG Docket No.
02–278, FCC 03–153, ‘‘Rules and Regulations Implementing the Telephone
Consumer Protection Act of 1991.’’
(f) As used in this section: (1) The
terms automatic telephone dialing system
and autodialer mean equipment which
has the capacity to store or produce
telephone numbers to be called using a
random or sequential number generator and to dial such numbers.
(2) The term clear and conspicuous for
purposes of paragraph (a)(3)(iii)(A) of
this section means a notice that would
be apparent to the reasonable consumer, separate and distinguishable
from the advertising copy or other disclosures, and placed at either the top
or bottom of the facsimile.

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§ 64.1200

47 CFR Ch. I (10–1–10 Edition)

(3) The term emergency purposes
means calls made necessary in any situation affecting the health and safety
of consumers.
(4) The term established business relationship for purposes of telephone solicitations means a prior or existing relationship formed by a voluntary twoway communication between a person
or entity and a residential subscriber
with or without an exchange of consideration, on the basis of the subscriber’s
purchase or transaction with the entity within the eighteen (18) months immediately preceding the date of the
telephone call or on the basis of the
subscriber’s inquiry or application regarding products or services offered by
the entity within the three months immediately preceding the date of the
call, which relationship has not been
previously terminated by either party.
(i) The subscriber’s seller-specific donot-call request, as set forth in paragraph (d)(3) of this section, terminates
an established business relationship for
purposes of telemarketing and telephone solicitation even if the subscriber continues to do business with
the seller.
(ii) The subscriber’s established business relationship with a particular
business entity does not extend to affiliated entities unless the subscriber
would reasonably expect them to be included given the nature and type of
goods or services offered by the affiliate and the identity of the affiliate.
(5) The term established business relationship for purposes of paragraph (a)(3)
of this section on the sending of facsimile advertisements means a prior or
existing relationship formed by a voluntary two-way communication between a person or entity and a business
or residential subscriber with or without an exchange of consideration, on
the basis of an inquiry, application,
purchase or transaction by the business or residential subscriber regarding
products or services offered by such
person or entity, which relationship
has not been previously terminated by
either party.
(6) The term facsimile broadcaster
means a person or entity that transmits messages to telephone facsimile
machines on behalf of another person
or entity for a fee.

(7) The term seller means the person
or entity on whose behalf a telephone
call or message is initiated for the purpose of encouraging the purchase or
rental of, or investment in, property,
goods, or services, which is transmitted
to any person.
(8) The term sender for purposes of
paragraph (a)(3) of this section means
the person or entity on whose behalf a
facsimile unsolicited advertisement is
sent or whose goods or services are advertised or promoted in the unsolicited
advertisement.
(9) The term telemarketer means the
person or entity that initiates a telephone call or message for the purpose
of encouraging the purchase or rental
of, or investment in, property, goods,
or services, which is transmitted to
any person.
(10) The term telemarketing means the
initiation of a telephone call or message for the purpose of encouraging the
purchase or rental of, or investment in,
property, goods, or services, which is
transmitted to any person.
(11) The term telephone facsimile machine means equipment which has the
capacity to transcribe text or images,
or both, from paper into an electronic
signal and to transmit that signal over
a regular telephone line, or to transcribe text or images (or both) from an
electronic signal received over a regular telephone line onto paper.
(12) The term telephone solicitation
means the initiation of a telephone call
or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a
call or message:
(i) To any person with that person’s
prior express invitation or permission;
(ii) To any person with whom the
caller has an established business relationship; or
(iii) By or on behalf of a tax-exempt
nonprofit organization.
(13) The term unsolicited advertisement
means any material advertising the
commercial availability or quality of
any property, goods, or services which
is transmitted to any person without
that person’s prior express invitation
or permission, in writing or otherwise.

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Federal Communications Commission

§ 64.1201

(14) The term personal relationship
means any family member, friend, or
acquaintance of the telemarketer making the call.
(g) Beginning January 1, 2004, common carriers shall:
(1) When providing local exchange
service, provide an annual notice, via
an insert in the subscriber’s bill, of the
right to give or revoke a notification of
an objection to receiving telephone solicitations pursuant to the national donot-call database maintained by the
federal government and the methods by
which such rights may be exercised by
the subscriber. The notice must be
clear and conspicuous and include, at a
minimum, the Internet address and
toll-free number that residential telephone subscribers may use to register
on the national database.
(2) When providing service to any
person or entity for the purpose of
making telephone solicitations, make
a one-time notification to such person
or entity of the national do-not-call requirements, including, at a minimum,
citation to 47 CFR 64.1200 and 16 CFR
310. Failure to receive such notification
will not serve as a defense to any person or entity making telephone solicitations from violations of this section.
(h) The administrator of the national
do-not-call registry that is maintained
by the federal government shall make
the telephone numbers in the database
available to the States so that a State
may use the telephone numbers that
relate to such State as part of any
database, list or listing system maintained by such State for the regulation
of telephone solicitations.

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

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[68 FR 44177, July 25, 2003, as amended at 68
FR 59131, Oct. 14, 2003; 69 FR 60316, Oct. 8,
2004; 70 FR 19337, Apr. 13, 2005; 71 FR 25977,
May 3, 2006; 71 FR 56893, Sept. 28, 2006; 71 FR
75122, Dec. 14, 2006; 73 FR 40185, July 14, 2008]

§ 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

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§ 64.1300

47 CFR Ch. I (10–1–10 Edition)

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 af-

firmatively 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]

Subpart M—Provision of Payphone
Service
§ 64.1300 Payphone compensation obligation.
(a) For purposes of this subpart, a
Completing Carrier is a long distance
carrier or switch-based long distance
reseller that completes a coinless access code or subscriber toll-free
payphone call or a local exchange carrier that completes a local, coinless access code or subscriber toll-free
payphone call.
(b) Except as provided herein, a Completing Carrier that completes a
coinless access code or subscriber tollfree payphone call from a switch that
the Completing Carrier either owns or
leases shall compensate the payphone
service provider for that call at a rate
agreed upon by the parties by contract.
(c) The compensation obligation set
forth herein shall not apply to calls to
emergency numbers, calls by hearing
disabled persons to a telecommunications relay service or local calls for
which the caller has made the required
coin deposit.
(d) In the absence of an agreement as
required by paragraph (b) of this section, the carrier is obligated to compensate the payphone service provider
at a per-call rate of $.494.
[71 FR 3014, Jan. 19, 2006]

§ 64.1301

Per-payphone compensation.

(a) Interim access code and subscriber
800 calls. In the absence of a negotiated
agreement to pay a different amount,
each entity listed in Appendix A of the
Fifth Order on Reconsideration and Order
on Remand in CC Docket No. 96–128,
FCC 02–292, must pay default compensation to payphone service providers for payphone access code calls
and payphone subscriber 800 calls for
the period beginning November 7, 1996,
and ending October 6, 1997, in the
amount listed in Appendix A per
payphone per month. A complete copy

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§ 64.1310

of Appendix A is available at
www.fcc.gov.
(b) Interim payphone compensation for
inmate calls. In the absence of a negotiated agreement to pay a different
amount, if a payphone service provider
providing inmate service was not compensated for calls originating at an inmate telephone during the period starting on November 7, 1996, and ending on
October 6, 1997, an interexchange carrier to which the inmate telephone was
presubscribed during this same time
period must compensate the payphone
service provider providing inmate service at the default rate of $0.238 per inmate call originating during the same
time period, except that a payphone
service provider that is affiliated with
a local exchange carrier is not eligible
to receive payphone compensation
prior to April 16, 1997, or, in the alternative, the first day following both the
termination of subsidies and payphone
reclassification and transfer, whichever date is latest.
(c) Interim compensation for 0+
payphone calls. In the absence of a negotiated agreement to pay a different
amount, if a payphone service provider
was not compensated for 0+ calls originating during the period starting on
November 7, 1996, and ending on October 6, 1997, an interexchange carrier to
which the payphone was presubscribed
during this same time period must
compensate the payphone service provider in the default amount of $4.2747
per payphone per month during the
same time period, except that a
payphone service provider that is affiliated with a local exchange carrier is
not eligible to receive payphone compensation prior to April 16, 1997, or, in
the alternative, the first day following
both the termination of subsidies and
payphone reclassification and transfer,
whichever date is latest.
(d) Intermediate access code and subscriber 800 calls. In the absence of a negotiated agreement to pay a different
amount, each entity listed in Appendix
B of the Fifth Order on Reconsideration
and Order on Remand in CC Docket No.
96–128, FCC 02–292, must pay default
compensation to payphone service providers for access code calls and
payphone subscriber 800 calls for the
period beginning October 7, 1997, and

ending April 20, 1999, in the amount
listed in Appendix B for any payphone
for any month during which per-call
compensation for that payphone for
that month was not paid by the listed
entity. A complete copy of Appendix B
is available at www.fcc.gov.
(e) Post-intermediate access code and
subscriber 800 calls. In the absence of a
negotiated agreement to pay a different amount, each entity listed in
Appendix C of the Fifth Order on Reconsideration and Order on Remand in CC
Docket No. 96–128, FCC 02–292, must
pay default compensation to payphone
service providers for access code calls
and payphone subscriber 800 calls for
the period beginning April 21, 1999, in
the amount listed in Appendix C for
any payphone for any month during
which per-call compensation for that
payphone for that month was or is not
paid by the listed entity. A complete
copy of Appendix C is available at
www.fcc.gov.
[67 FR 71890, Dec. 3, 2002]

§ 64.1310 Payphone compensation procedures.
(a) Unless the payphone service provider consents to an alternative compensation arrangement, each Completing Carrier identified in § 64.1300(a)
shall compensate the payphone service
provider in accordance with paragraphs
(a)(1) through (a)(4) of this section. A
payphone service provider may not unreasonably withhold its consent to an
alternative
compensation
arrangement.
(1) Each Completing Carrier shall establish a call tracking system that accurately tracks coinless access code or
subscriber toll-free payphone calls to
completion.
(2) Each Completing Carrier shall pay
compensation to payphone service providers on a quarterly basis for each
completed payphone call identified in
the Completing Carrier’s quarterly report required by paragraph (a)(4) of
this section.
(3) When payphone compensation is
tendered for a quarter, the chief financial officer of the Completing Carrier
shall submit to each payphone service

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§ 64.1310

47 CFR Ch. I (10–1–10 Edition)

provider to which compensation is tendered a sworn statement that the payment amount for that quarter is accurate and is based on 100% of all completed calls that originated from that
payphone service provider’s payphones.
Instead of transmitting individualized
statements to each payphone service
provider, a Completing Carrier may
provide a single, blanket sworn statement addressed to all payphone service
providers to which compensation is
tendered for that quarter and may notify the payphone service providers of
the sworn statement through any electronic method, including transmitting
the
sworn
statement
with
the
§ 64.1310(a)(4) quarterly report, or posting the sworn statement on the Completing
Carrier
or
clearinghouse
website. If a Completing Carrier chooses to post the sworn statement on its
website, the Completing Carrier shall
state in its § 64.1310(a)(4) quarterly report the web address of the sworn
statement.
(4) At the conclusion of each quarter,
the Completing Carrier shall submit to
the payphone service provider, in computer readable format, a report on that
quarter that includes:
(i) A list of the toll-free and access
numbers dialed and completed by the
Completing Carrier from each of that
payphone service provider’s payphones
and the ANI for each payphone;
(ii) The volume of calls for each number identified in paragraph (a)(4)(i) of
this section that were completed by
the Completing Carrier;
(iii) The name, address, and phone
number of the person or persons responsible for handling the Completing
Carrier’s payphone compensation; and
(iv) The carrier identification code
(‘‘CIC’’) of all facilities-based long distance carriers that routed calls to the
Completing Carrier, categorized according to the list of toll-free and access code numbers identified in paragraph (a)(4)(i) of this section.
(b) For purposes of this subpart, an
Intermediate Carrier is a facilitiesbased long distance carrier that
switches payphone calls to other facilities-based long distance carriers.
(c) Unless the payphone service provider agrees to other reporting arrangements, each Intermediate Carrier

shall provide the payphone service provider with quarterly reports, in computer readable format, that include:
(1) A list of all the facilities-based
long distance carriers to which the Intermediate Carrier switched toll-free
and access code calls dialed from each
of that payphone service provider’s
payphones;
(2) For each facilities-based long distance carrier identified in paragraph
(c)(1) of this section, a list of the tollfree and access code numbers dialed
from each of that payphone service
provider’s payphones that all local exchange carriers have delivered to the
Intermediate Carrier and that the Intermediate Carrier switched to the
identified facilities-based long distance
carrier;
(3) The volume of calls for each number identified in paragraph (c)(2) of this
section that the Intermediate Carrier
has received from each of that
payphone service provider’s payphones,
identified by their ANIs, and switched
to each facilities-based long distance
carrier identified in paragraph (c)(1) of
this section; and
(4) The name, address and telephone
number and other identifying information of the person or persons for each
facilities-based long distance carrier
identified in paragraph (c)(1) of this
section who serves as the Intermediate
Carrier’s contact at each identified facilities-based long distance carrier.
(d) Local Exchange Carriers must
provide to carriers required to pay
compensation pursuant to § 64.1300(a) a
list of payphone numbers in their service areas. The list must be provided on
a quarterly basis. Local Exchange Carriers must verify disputed numbers in a
timely manner, and must maintain
verification data for 18 months after
close of the compensation period.
(e) Local Exchange Carriers must respond to all carrier requests for
payphone number verification in connection with the compensation requirements herein, even if such verification
is a negative response.
(f) A payphone service provider that
seeks compensation for payphones that
are not included on the Local Exchange
Carrier’s list satisfies its obligation to
provide
alternative
reasonable

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Federal Communications Commission

§ 64.1320

verification to a payor carrier if it provides to that carrier:
(1) A notarized affidavit attesting
that each of the payphones for which
the payphone service provider seeks
compensation is a payphone that was
in working order as of the last day of
the compensation period; and
(2) Corroborating evidence that each
such payphone is owned by the
payphone service provider seeking
compensation and was in working
order on the last day of the compensation period. Corroborating evidence
shall include, at a minimum, the telephone bill for the last month of the
billing quarter indicating use of a line
screening service.
(g) Each Completing Carrier and each
Intermediate Carrier must maintain
verification data to support the quarterly reports submitted pursuant to
paragraphs (a)(4) and (c) of this section
for 27 months after the close of that
quarter. This data must include the
time and date that each call identified
in paragraphs (a)(4) and (c) of this section was made. This data must be provided to the payphone service provider
upon request.

‘‘System Audit Report’’) regarding the
Completing Carrier’s compliance with
§ 64.1310(a)(1) as of the date of the audit:
(1) With the Commission’s Secretary
in CC Docket No. 96–128;
(2) With each payphone service provider for which it completes calls and a
Completing Carrier may comply with
this paragraph’s requirement to file
copies of the System Audit Report with
each payphone service provider by
posting the System Audit Report on its
website or a clearinghouse website; and
(3) With each facilities-based long
distance carrier from which it receives
payphone calls.
(c) The Completing Carrier must
comply with, and the third-party auditor must verify, the Completing Carrier’s compliance with the following
factors in establishing a call tracking
system pursuant to § 64.1310(a)(1):
(1) Whether the Completing Carrier’s
procedures accurately track calls to
completion;
(2) Whether the Completing Carrier
has a person or persons responsible for
tracking, compensating, and resolving
disputes concerning payphone completed calls;
(3) Whether the Completing Carrier
has effective data monitoring procedures;
(4) Whether the Completing Carrier
adheres to established protocols to ensure that any software, personnel or
any other network changes do not adversely affect its payphone call tracking ability;
(5) Whether the Completing Carrier
has created a compensable payphone
call file by matching call detail records
against payphone identifiers;
(6) Whether the Completing Carrier
has procedures to incorporate call data
into required reports;
(7) Whether the Completing Carrier
has implemented procedures and controls needed to resolve payphone compensation disputes;
(8) Whether the independent thirdparty auditor can test all critical controls and procedures to verify that errors are insubstantial; and
(9) Whether the Completing Carriers
has in place adequate and effective
business rules for implementing and
paying payphone compensation, including rules used to:

[68 FR 62755, Nov. 6, 2003, as amended at 70
FR 722, Jan. 5, 2005]

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EFFECTIVE DATE NOTE: At 70 FR 722, Jan. 5,
2005, § 64.1310(g) was revised. This paragraph
contains information collection and recordkeeping requirements and will not become
effective until approval has been given by
the Office of Management and Budget.

§ 64.1320 Payphone call tracking system audits.
(a) Unless it has entered into an alternative compensation arrangement
pursuant to § 64.1310(a) that relieves it
of its § 64.1310(a)(1) tracking system obligation, each Completing Carrier must
undergo an audit of its § 64.1310(a)(1)
tracking system by an independent
third party auditor whose responsibility shall be, using audit methods approved by the American Institute for
Certified Public Accountants, to determine whether the call tracking system
accurately tracks payphone calls to
completion.
(b) By the effective date of these
rules, each Completing Carrier in paragraph (a) of this section must file an
audit report from the auditor (the

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§ 64.1330

47 CFR Ch. I (10–1–10 Edition)

(i) Identify calls originated from
payphones;
(ii) Identify compensable payphone
calls;
(iii) Identify incomplete or otherwise
noncompensable calls; and
(iv) Determine the identities of the
payphone service providers to which
the Completing Carrier owes compensation.
(d) Consistent with standards established by the American Institute of
Certified Public Accountants for attestation engagements, the System Audit
Report shall consist of:
(1) The Completing Carrier’s representation concerning its compliance;
and
(2) The independent auditor’s opinion
concerning the Completing Carrier’s
representation of compliance. The
Completing Carrier’s representation
must disclose
(i) Its criteria for identifying calls
originating from payphones;
(ii) Its criteria for identifying compensable payphone calls;
(iii) Its criteria for identifying incomplete or otherwise noncompensable
calls;
(iv) Its criteria used to determine the
identities of the payphone service providers to which the completing carrier
owes compensation;
(v) The identity of any clearinghouses the Completing Carrier uses;
and
(vi) The types of information that
the Completing Carrier needs from the
payphone service providers in order to
compensate them.
(e) At the time of filing of a System
Audit Report with the Commission, the
Completing Carrier shall file with the
Commission’s Secretary, the payphone
service providers and the facilitiesbased long distance carriers identified
in paragraph (b) of this section, a
statement that includes the name of
the Completing Carrier, and the name,
address and phone number for the person or persons responsible for handling
the Completing Carrier’s payphone
compensation and for resolving disputes with payphone service providers
over compensation, and this statement
shall be updated within 60 days of any
changes of such persons. If a Completing Carrier chooses to notify

payphone service providers of this
statement and its System Audit Report
by posting these two documents on its
website or a clearinghouse website,
then this statement shall include the
web address for these two documents.
(f) One year after the filing of the
System Audit Report, and annually
thereafter, the Completing Carrier
shall engage an independent thirdparty auditor to:
(1) Verify that no material changes
have occurred concerning the Completing Carrier’s compliance with the
criteria of the prior year’s System
Audit Report; or
(2) If a material change has occurred
concerning the Completing Carrier’s
compliance with the prior year’s System Audit Report, verify that the material changes do not affect compliance
with the audit criteria set forth in
paragraph (c) of this section. The Completing Carrier must fully disclose any
material changes concerning its call
tracking system in its representation
to the auditor. The Completing Carrier
shall file and provide copies of all System Audit Reports pursuant to the procedures set forth in paragraph (b) of
this section.
(g) Subject to protections safeguarding the auditor’s and the Completing Carrier’s confidential and proprietary information, the Completing
Carrier shall provide, upon request, to
the payphone service provider for inspection any documents, including
working papers, underlying the System
Audit Report.
[68 FR 62756, Nov. 6, 2003, as amended at 70
FR 723, Jan. 5, 2005]

§ 64.1330 State review of payphone
entry and exit regulations and public interest payphones.
(a) Each state must review and remove any of its regulations applicable
to payphones and payphone service
providers that impose market entry or
exit requirements.
(b) Each state must ensure that access to dialtone, emergency calls, and
telecommunications relay service calls
for the hearing disabled is available
from all payphones at no charge to the
caller.
(c) Each state must review its rules
and policies to determine whether it

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Federal Communications Commission

§ 64.1401

has provided for public interest
payphones consistent with applicable
Commission
guidelines,
evaluate
whether it needs to take measures to
ensure that such payphones will continue to exist in light of the Commission’s implementation of Section 276 of
the Communications Act, and administer and fund such programs so that
such payphones are supported fairly
and equitably.

taining such carriers’ end offices or
serving wire centers, or in buildings
containing the carriers’ end offices or
serving wire centers for which interstate switched transport expanded
interconnection has not been tariffed;
and
(3) Upon bona fide request, at remote
nodes/switches that serve as rating
points for interstate switched transport and that are capable of routing
outgoing interexchange access traffic
to interconnectors and in which interconnectors can route terminating traffic to such carriers. No such carrier is
required to enhance remote nodes/
switches or to build additional space to
accommodate
interstate
switched
transport expanded interconnection at
these locations.
(c) The local exchange carriers specified in paragraph (a) of this section
shall offer expanded interconnection
for interstate special access and
switched transport services through
virtual collocation, except that they
may offer physical collocation, instead
of virtual collocation, in specific central offices, as a service subject to nonstreamlined communications common
carrier regulation under Title II of the
Communications Act (47 U.S.C. 201–
228).
(d) For the purposes of this subpart,
physical collocation means an offering
that enables interconnectors:
(1) To place their own equipment
needed to terminate basic transmission
facilities, including optical terminating equipment and multiplexers,
within or upon the local exchange carrier’s central office buildings;
(2) To use such equipment to connect
interconnectors’ fiber optic systems or
microwave radio transmission facilities (where reasonably feasible) with
the local exchange carrier’s equipment
and facilities used to provide interstate
special access services;
(3) To enter the local exchange carrier’s central office buildings, subject
to reasonable terms and conditions, to
install, maintain, and repair the equipment described in paragraph (d)(1) of
this section; and
(4) To obtain reasonable amounts of
space in central offices for the equipment described in paragraph (d)(1) of

[61 FR 52323, Oct. 7, 1996, as amended at 71 FR
65751, Nov. 9, 2006]

§ 64.1340 Right to negotiate.
Unless prohibited by Commission
order, payphone service providers have
the right to negotiate with the location provider on the location provider’s
selecting and contracting with, and,
subject to the terms of any agreement
with the location provider, to select
and contract with, the carriers that
carry interLATA and intraLATA calls
from their payphones.
[61 FR 52323, Oct. 7, 1996]

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Subpart N—Expanded
Interconnection
§ 64.1401 Expanded interconnection.
(a) Every local exchange carrier that
is classified as a Class A company
under § 32.11 of this chapter and that is
not a National Exchange Carrier Association interstate tariff participant, as
provided in part 69, subpart G of this
chapter, shall offer expanded interconnection for interstate special access
services at their central offices that
are classified as end offices or serving
wire centers, and at other rating points
used for interstate special access.
(b) The local exchange carriers specified in paragraph (a) of this section
shall offer expanded interconnection
for interstate switched transport services:
(1) In their central offices that are
classified as end offices or serving wire
centers, as well as at all tandem offices
housed in buildings containing such
carriers’ end offices or serving wire
centers for which interstate switched
transport expanded interconnection
has been tariffed;
(2) Upon bona fide request, in tandem
offices housed in buildings not con-

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47 CFR Ch. I (10–1–10 Edition)

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this section, allocated on a first-come,
first-served basis.
(e) For purposes of this subpart, virtual collocation means an offering that
enables interconnectors:
(1) To designate or specify equipment
needed to terminate basic transmission
facilities, including optical terminating equipment and multiplexers, to
be located within or upon the local exchange carrier’s buildings, and dedicated to such interconnectors’ use,
(2) To use such equipment to connect
interconnectors’ fiber optic systems or
microwave radio transmission facilities (where reasonably feasible) with
the local exchange carrier’s equipment
and facilities used to provide interstate
special and switched access services,
and
(3) To monitor and control their communications channels terminating in
such equipment.
(f) Under both physical collocation
offering and virtual collocation offerings for expanded interconnection of
fiber optic facilities, local exchange
carriers shall provide:
(1) An interconnection point or
points at which the fiber optic cable
carrying an interconnectors’ circuits
can enter each local exchange carrier
location, provided that the local exchange carrier shall designate interconnection points as close as reasonably possible to each location; and
(2) At least two such interconnection
points at any local exchange carrier location at which there are at least two
entry points for the local exchange carrier’s cable facilities, and space is
available for new facilities in at least
two of those entry points.
(g) The local exchange carriers specified in paragraph (a) of this section
shall offer signalling for tandem
switching, as defined in § 69.2(vv) of this
chapter, at central offices that are
classified as equal office end offices or
serving wire centers, or at signal transfer points if such information is offered
via common channel signalling.
[57 FR 54331, Nov. 18, 1992, as amended at 58
FR 48762, Sept. 17, 1993; 59 FR 32930, June 27,
1994; 59 FR 38930, Aug. 1, 1994]

§ 64.1402 Rights and responsibilities of
interconnectors.
(a) For the purposes of this subpart,
an interconnector means a party taking expanded interconnection offerings.
Any party shall be eligible to be an
interconnector.
(b) Interconnectors shall have the
right, under expanded interconnection,
to interconnect their fiber optic systems and, where reasonably feasible,
their microwave transmission facilities.
(c) Interconnectors shall not be allowed to use interstate special access
expanded interconnection offerings to
connect their transmission facilities
with the local exchange carrier’s interstate switched services until that local
exchange
carrier’s
tariffs
implementing expanded interconnection for
switched transport have become effective.
[57 FR 54331, Nov. 18, 1992, as amended at 61
FR 43160, Aug. 21, 1996]

Subpart O—Interstate Pay-Per-Call
and Other Information Services
SOURCE: 58 FR 44773, Aug. 25, 1993, unless
otherwise noted.

§ 64.1501

Definitions.

For purposes of this subpart, the following definitions shall apply:
(a) Pay-per-call service means any
service:
(1) In which any person provides or
purports to provide:
(i) Audio information or audio entertainment produced or packaged by
such person;
(ii) Access to simultaneous voice conversation services; or
(iii) Any service, including the provision of a product, the charges for which
are assessed on the basis of the completion of the call;
(2) For which the caller pays a percall or per-time-interval charge that is
greater than, or in addition to, the
charge for transmission of the call; and
(3) Which is accessed through use of a
900 number;
(4) Provided, however, such term does
not include directory services provided
by a common carrier or its affiliate or

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Federal Communications Commission

§ 64.1504

by a local exchange carrier or its affiliate, or any service for which users are
assessed charges only after entering
into a presubscription or comparable
arrangement with the provider of such
service.
(b) Presubscription or comparable arrangement means a contractual agreement in which:
(1) The service provider clearly and
conspicuously discloses to the consumer all material terms and conditions associated with the use of the
service, including the service provider’s name and address, a business
telephone number which the consumer
may use to obtain additional information or to register a complaint, and the
rates for the service;
(2) The service provider agrees to notify the consumer of any future rate
changes;
(3) The consumer agrees to use the
service on the terms and conditions
disclosed by the service provider; and
(4) The service provider requires the
use of an identification number or
other means to prevent unauthorized
access to the service by nonsubscribers;
(5) Provided, however, that disclosure
of a credit, prepaid account, debit,
charge, or calling card number, along
with authorization to bill that number,
made during the course of a call to an
information service shall constitute a
presubscription or comparable arrangement if an introductory message containing the information specified in
§ 64.1504(c)(2) is provided prior to, and
independent of, assessment of any
charges. No other action taken by a
consumer during the course of a call to
an information service, for which
charges are assessed, can create a
presubscription or comparable arrangement.
(6) Provided, that a presubscription
arrangement to obtain information
services provided by means of a tollfree number shall conform to the requirements of § 64.1504(c).
(c) Calling card means an identifying
number or code unique to the individual, that is issued to the individual
by a common carrier and enables the
individual to be charged by means of a
phone bill for charges incurred independent of where the call originates.

§ 64.1502 Limitations on the provision
of pay-per-call services.

[61 FR 39087, July 26, 1996]

Any common carrier assigning a telephone number to a provider of interstate pay-per-call service shall require,
by contract or tariff, that such provider comply with the provisions of
this subpart and of titles II and III of
the Telephone Disclosure and Dispute
Resolution Act (Pub. L. No. 102–556)
(TDDRA) and the regulations prescribed by the Federal Trade Commission pursuant to those titles.
§ 64.1503 Termination of pay-per-call
and other information programs.
(a) Any common carrier assigning a
telephone number to a provider of
interstate pay-per-call service shall
specify by contract or tariff that payper-call programs not in compliance
with § 64.1502 shall be terminated following written notice to the information provider. The information provider shall be afforded a period of no
less than seven and no more than 14
days during which a program may be
brought into compliance. Programs not
in compliance at the expiration of such
period shall be terminated immediately.
(b) Any common carrier providing
transmission or billing and collection
services to a provider of interstate information service through any 800 telephone number, or other telephone number advertised or widely understood to
be toll-free, shall promptly investigate
any complaint that such service is not
provided in accordance with § 64.1504 or
§ 64.1510(c), and, if the carrier reasonably determines that the complaint is
valid, may terminate the provision of
service to an information provider unless the provider supplies evidence of a
written agreement that meets the requirements of this § 64.1504(c)(1).
[61 FR 39087, July 26, 1996]

§ 64.1504 Restrictions on the use of
toll-free numbers.
A common carrier shall prohibit by
tariff or contract the use of any 800
telephone number, or other telephone
number advertised or widely understood to be toll-free, in a manner that
would result in:

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§ 64.1505

47 CFR Ch. I (10–1–10 Edition)

(a) The calling party or the subscriber to the originating line being assessed, by virtue of completing the
call, a charge for a call;
(b) The calling party being connected
to a pay-per-call service;
(c) The calling party being charged
for information conveyed during the
call unless:
(1) The calling party has a written
agreement (including an agreement
transmitted through electronic medium) that specifies the material terms
and conditions under which the information is offered and includes:
(i) The rate at which charges are assessed for the information;
(ii) The information provider’s name;
(iii) The information provider’s business address;
(iv) The information provider’s regular business telephone number;
(v) The information provider’s agreement to notify the subscriber at least
one billing cycle in advance of all future changes in the rates charged for
the information;
(vi) The subscriber’s choice of payment method, which may be by direct
remit, debit, prepaid account, phone
bill, or credit or calling card and, if a
subscriber elects to pay by means of
phone bill, a clear explanation that the
subscriber will be assessed for calls
made to the information service from
the subscriber’s phone line;
(vii) A unique personal identification
number or other subscriber-specific
identifier that must be used to obtain
access to the information service and
instructions on its use, and, in addition, assures that any charges for services accessed by use of the subscriber’s
personal identification number or subscriber-specific identifier be assessed to
subscriber’s source of payment elected
pursuant to paragraph (c)(1)(vi) of this
section; or
(2) The calling party is charged for
the information by means of a credit,
prepaid, debit, charge, or calling card
and the information service provider
includes in response to each call an introductory message that:
(i) Clearly states that there is a
charge for the call;
(ii) Clearly states the service’s total
cost per minute and any other fees for

the service or for any service to which
the caller may be transferred;
(iii) Explains that the charges must
be billed on either a credit, prepaid,
debit, charge, or calling card;
(iv) Asks the caller for the card number;
(v) Clearly states that charges for the
call begin at the end of the introductory message; and
(vi) Clearly states that the caller can
hang up at or before the end of the introductory message without incurring
any charge whatsoever.
(d) The calling party being called
back collect for the provision of audio
or data information services, simultaneous voice conversation services, or
products; and
(e) The calling party being assessed
by virtue of the caller being asked to
connect or otherwise transfer to a payper-call service, a charge for the call.
(f) Provided, however, that:
(1) Notwithstanding paragraph (c)(1)
of this section, a written agreement
that meets the requirements of that
paragraph is not required for:
(i) Calls utilizing telecommunications devices for the deaf;
(ii) Directory services provided by a
common carrier or its affiliate or by a
local exchange carrier or its affiliate;
or
(iii) Any purchase of goods or of services that are not information services.
(2) The requirements of paragraph
(c)(2) of this section shall not apply to
calls from repeat callers using a bypass
mechanism to avoid listening to the introductory message: Provided, That information providers shall disable such
a bypass mechanism after the institution of any price increase for a period
of time determined to be sufficient by
the Federal Trade Commission to give
callers adequate and sufficient notice
of a price increase.
[61 FR 39087, July 26, 1996, as amended at 69
FR 61154, Oct. 15, 2004]

§ 64.1505 Restrictions on collect telephone calls.
(a) No common carrier shall provide
interstate transmission or billing and
collection services to an entity offering
any service within the scope of
§ 64.1501(a)(1) that is billed to a subscriber on a collect basis at a per-call

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Federal Communications Commission

§ 64.1509

or per-time-interval charge that is
greater than, or in addition to, the
charge for transmission of the call.
(b) No common carrier shall provide
interstate transmission services for
any collect information services billed
to a subscriber at a tariffed rate unless
the called party has taken affirmative
action clearly indicating that it accepts the charges for the collect service.

60 days after the new number is effective.
(b) For blocking requests not within
the one-time option or outside the time
frames specified in paragraph (a) of
this section, and for unblocking requests, local exchange carriers may
charge a reasonable one-time fee. Requests by subscribers to remove 900
services blocking must be in writing.
(c) The terms and conditions under
which subscribers may obtain 900 services blocking are to be included in tariffs filed with this Commission.

§ 64.1506 Number designation.
Any interstate service described in
§ 64.1501(a)(1)–(2), and not subject to the
exclusions contained in § 64.1501(a)(4),
shall be offered only through telephone
numbers beginning with a 900 service
access code.
[59 FR 46770, Sept. 12, 1994]

§ 64.1507 Prohibition on disconnection
or interruption of service for failure to remit pay-per-call and similar service charges.
No common carrier shall disconnect
or interrupt in any manner, or order
the disconnection or interruption of, a
telephone subscriber’s local exchange
or long distance telephone service as a
result of that subscriber’s failure to
pay:
(a) Charges for interstate pay-percall service;
(b) Charges for interstate information services provided pursuant to a
presubscription or comparable arrangement; or
(c) Charges for interstate information services provided on a collect
basis which have been disputed by the
subscriber.

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[58 FR 44773, Aug. 25, 1993, as amended at 59
FR 46770, Sept. 12, 1994]

§ 64.1508 Blocking access to 900 service.
(a) Local exchange carriers must
offer to their subscribers, where technically feasible, an option to block access to services offered on the 900 service access code. Blocking is to be offered at no charge, on a one-time basis,
to:
(1) All telephone subscribers during
the period from November 1, 1993
through December 31, 1993; and
(2) Any subscriber who subscribes to
a new telephone number for a period of

§ 64.1509 Disclosure and dissemination
of pay-per-call information.
(a) Any common carrier assigning a
telephone number to a provider of
interstate pay-per-call services shall
make readily available, at no charge,
to Federal and State agencies and all
other interested persons:
(1) A list of the telephone numbers
for each of the pay-per-call services it
carries;
(2) A short description of each such
service;
(3) A statement of the total cost or
the cost per minute and any other fees
for each such service; and
(4) A statement of the pay-per-call
service provider’s name, business address, and business telephone number.
(b) Any common carrier assigning a
telephone number to a provider of
interstate pay-per-call services and offering billing and collection services to
such provider shall:
(1) Establish a local or toll-free telephone number to answer questions and
provide information on subscribers’
rights and obligations with regard to
their use of pay-per-call services and to
provide to callers the name and mailing address of any provider of pay-percall services offered by that carrier;
and
(2) Provide to all its telephone subscribers, either directly or through
contract with any local exchange carrier providing billing and collection
services to that carrier, a disclosure
statement setting forth all rights and
obligations of the subscriber and the
carrier with respect to the use and payment of pay-per-call services. Such
statement must include the prohibition

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§ 64.1510

47 CFR Ch. I (10–1–10 Edition)

against disconnection of basic communications services for failure to pay
pay-per-call charges established by
§ 64.1507, the right of a subscriber to obtain blocking in accordance with
§ 64.1508, the right of a subscriber not to
be billed for pay-per-call services not
offered in compliance with federal laws
and
regulations
established
by
§ 64.1510(a)(1), and the possibility that a
subscriber’s access to 900 services may
be involuntarily blocked pursuant to
§ 64.1512 for failure to pay legitimate
pay-per-call charges. Disclosure statements must be forwarded to:
(i) All telephone subscribers no later
than 60 days after these regulations
take effect;
(ii) All new telephone subscribers no
later than 60 days after service is established;
(iii) All telephone subscribers requesting service at a new location no
later than 60 days after service is established; and
(iv) Thereafter, to all subscribers at
least once per calendar year, at intervals of not less than 6 months nor more
than 18 months.
[58 FR 44773, Aug. 25, 1993, as amended at 61
FR 55582, Oct. 28, 1996]

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§ 64.1510 Billing and collection of payper-call and similar service charges.
(a) Any common carrier assigning a
telephone number to a provider of
interstate pay-per-call services and offering billing and collection services to
such provider shall:
(1) Ensure that a subscriber is not
billed for interstate pay-per-call services that such carrier knows or reasonably should know were provided in violation of the regulations set forth in
this subpart or prescribed by the Federal Trade Commission pursuant to titles II or III of the TDDRA or any
other federal law;
(2) In any billing to telephone subscribers that includes charges for any
interstate pay-per-call service:
(i) Include a statement indicating
that:
(A) Such charges are for non-communications services;
(B) Neither local nor long distances
services can be disconnected for nonpayment although an information pro-

vider may employ private entities to
seek to collect such charges;
(C) 900 number blocking is available
upon request; and
(D) Access to pay-per-call services
may be involuntarily blocked for failure to pay legitimate charges;
(ii) Display any charges for pay-percall services in a part of the bill that is
identified as not being related to local
and long distance telephone charges;
(iii) Specify, for each pay-per-call
charge made, the type of service, the
amount of the charge, and the date,
time, and, for calls billed on a timesensitive basis, the duration of the call;
and
(iv) Identify the local or toll-free
number established in accordance with
§ 64.1509(b)(1).
(b) Any common carrier offering billing and collection services to an entity
providing interstate information services on a collect basis shall, to the extent possible, display the billing information in the manner described in
paragraphs (a)(2)(i), (A), (B), (D) and
(a)(2)(ii) of this section.
(c) If a subscriber elects, pursuant to
§ 64.1504(c)(1)(vi), to pay by means of a
phone bill for any information service
provided by through any 800 telephone
number, or other telephone number advertised or widely understood to be
toll-free, the phone bill shall:
(1) Include, in prominent type, the
following disclaimer: ‘‘Common carriers may not disconnect local or long
distance telephone service for failure
to pay disputed charges for information services;’’ and
(2) Clearly list the 800 or other tollfree number dialed.
[58 FR 44773, Aug. 25, 1993, as amended at 59
FR 46771, Sept. 12, 1994; 61 FR 39088, July 26,
1996]

§ 64.1511 Forgiveness of charges and
refunds.
(a) Any carrier assigning a telephone
number to a provider of interstate payper-call services or providing transmission for interstate information
services provided pursuant to a
presubscription or comparable arrangement or on a collect basis, and providing billing and collection for such
services, shall establish procedures for
the handling of subscriber complaints

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Federal Communications Commission

§ 64.1600

regarding charges for those services. A
billing carrier is afforded discretion to
set standards for determining when a
subscriber’s complaint warrants forgiveness, refund or credit of interstate
pay-per-call or information services
charges provided that such charges
must be forgiven, refunded, or credited
when a subscriber has complained
about such charges and either this
Commission, the Federal Trade Commission, or a court of competent jurisdiction has found or the carrier has determined, upon investigation, that the
service has been offered in violation of
federal law or the regulations that are
either set forth in this subpart or prescribed by the Federal Trade Commission pursuant to titles II or III of the
TDDRA. Carriers shall observe the
record retention requirements set forth
in § 42.6 of this chapter except that relevant records shall be retained by carriers beyond the requirements of part
42 of this chapter when a complaint is
pending at the time the specified retention period expires.
(b) Any carrier assigning a telephone
number to a provider of interstate payper-call services but not providing billing and collection services for such
services, shall, by tariff or contract, require that the provider and/or its billing and collection agents have in place
procedures whereby, upon complaint,
pay-per-call charges may be forgiven,
refunded, or credited, provided that
such charges must be forgiven, refunded, or credited when a subscriber
has complained about such charges and
either this Commission, the Federal
Trade Commission, or a court of competent jurisdiction has found or the
carrier has determined, upon investigation, that the service has been offered
in violation of federal law or the regulations that are either set forth in this
subpart or prescribed by the Federal
Trade Commission pursuant to titles II
or III of the TDDRA.

programs from numbers assigned to
subscribers who have incurred, but not
paid, legitimate pay-per-call charges,
except that a subscriber who has filed a
complaint regarding a particular payper-call program pursuant to procedures established by the Federal Trade
Commission under title III of the
TDDRA shall not be involuntarily
blocked from access to that program
while such a complaint is pending. This
restriction is not intended to preclude
involuntary blocking when a carrier or
IP has decided in one instance to sustain charges against a subscriber but
that subscriber files additional separate complaints.

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[58 FR 44773, Aug. 25, 1993, as amended at 59
FR 46771, Sept. 12, 1994]

§ 64.1512 Involuntary blocking of payper-call services.
Nothing in this subpart shall preclude a common carrier or information
provider from blocking or ordering the
blocking of its interstate pay-per-call

§ 64.1513 Verification of charitable status.
Any common carrier assigning a telephone number to a provider of interstate pay-per-call services that the carrier knows or reasonably should know
is engaged in soliciting charitable contributions shall obtain verification
that the entity or individual for whom
contributions are solicited has been
granted tax exempt status by the Internal Revenue Service.
§ 64.1514 Generation
of
signalling
tones.
No common carrier shall assign a
telephone number for any pay-per-call
service that employs broadcast advertising which generates the audible
tones necessary to complete a call to a
pay-per-call service.
§ 64.1515 Recovery of costs.
No common carrier shall recover its
cost of complying with the provisions
of this subpart from local or long distance ratepayers.

Subpart P—Calling Party
Telephone Number; Privacy
SOURCE: 59 FR 18319, Apr. 18, 1994, unless
otherwise noted.

§ 64.1600 Definitions.
(a) Aggregate information. The term
‘‘aggregate information’’ means collective data that relate to a group or category of services or customers, from
which individual customer identities or
characteristics have been removed.

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§ 64.1601

47 CFR Ch. I (10–1–10 Edition)

(b) ANI. The term ‘‘ANI’’ (automatic
number identification) refers to the delivery of the calling party’s billing
number by a local exchange carrier to
any interconnecting carrier for billing
or routing purposes, and to the subsequent delivery of such number to end
users.
(c) Calling party number. The term
‘‘Calling Party Number’’ refers to the
subscriber line number or the directory
number contained in the calling party
number parameter of the call set-up
message associated with an interstate
call on a Signaling System 7 network.
(d) Charge number. The term ‘‘charge
number’’ refers to the delivery of the
calling party’s billing number in a Signaling System 7 environment by a
local exchange carrier to any interconnecting carrier for billing or routing purposes, and to the subsequent delivery of such number to end users.
(e) Privacy indicator. The term ‘‘Privacy Indicator’’ refers to information,
contained in the calling party number
parameter of the call set-up message
associated with an interstate call on an
Signaling System 7 network, that indicates whether the calling party authorizes presentation of the calling party
number to the called party.
(f) Signaling System 7. The term ‘‘Signaling System 7’’ (SS7) refers to a carrier to carrier out-of-band signaling
network used for call routing, billing
and management.

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[60 FR 29490, June 5, 1995]

§ 64.1601 Delivery requirements and
privacy restrictions.
(a) Delivery. Except as provided in
paragraph (d) of this section, common
carriers using Signaling System 7 and
offering or subscribing to any service
based
on
Signaling
System
7
functionality are required to transmit
the calling party number (CPN) associated with an interstate call to interconnecting carriers.
(b) Privacy. Except as provided in
paragraph (d) of this section, originating carriers using Signaling System
7 and offering or subscribing to any
service based on Signaling System 7
functionality will recognize *67 dialed
as the first three digits of a call (or
1167 for rotary or pulse dialing phones)
as a caller’s request that the CPN not

be passed on an interstate call. Such
carriers providing line blocking services will recognize *82 as a caller’s request that the CPN be passed on an
interstate call. No common carrier subscribing to or offering any service that
delivers CPN may override the privacy
indicator associated with an interstate
call. Carriers must arrange their CPNbased services, and billing practices, in
such a manner that when a caller requests that the CPN not be passed, a
carrier may not reveal that caller’s
number or name, nor may the carrier
use the number or name to allow the
called party to contact the calling
party. The terminating carrier must
act in accordance with the privacy indicator unless the call is made to a
called party that subscribes to an ANI
or charge number based service and the
call is paid for by the called party.
(c) Charges. No common carrier subscribing to or offering any service that
delivers calling party number may
(1) Impose on the calling party
charges associated with per call blocking of the calling party’s telephone
number, or
(2) Impose charges upon connecting
carriers for the delivery of the calling
party number parameter or its associated privacy indicator.
(d) Exemptions. Section 64.1601(a) and
(b) shall not apply when:
(1) A call originates from a payphone.
(2) A local exchange carrier with Signaling System 7 capability does not
have the software to provide *67 or *82
functionalities. Such carriers are prohibited from passing CPN.
(3) A Private Branch Exchange or
Centrex system does not pass end user
CPN. Centrex systems that rely on *6
or *8 for a function other than CPN
blocking or unblocking, respectively,
are also exempt if they employ alternative
means
of
blocking
or
unblocking.
(4) CPN delivery—
(i) Is used solely in connection with
calls within the same limited system,
including (but not limited to) a
Centrex system, virtual private network, or Private Branch Exchange;
(ii) Is used on a public agency’s emergency telephone line or in conjunction
with 911 emergency services, or on any

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Federal Communications Commission

§ 64.1603

entity’s emergency assistance poison
control telephone line; or
(iii) Is provided in connection with
legally authorized call tracing or trapping procedures specifically requested
by a law enforcement agency.
(e) Any person or entity that engages
in telemarketing, as defined in section
64.1200(f)(10) must transmit caller identification information.
(1) For purposes of this paragraph,
caller identification information must
include either CPN or ANI, and, when
available by the telemarketer’s carrier,
the name of the telemarketer. It shall
not be a violation of this paragraph to
substitute (for the name and phone
number used in, or billed for, making
the call) the name of the seller on behalf of which the telemarketing call is
placed and the seller’s customer service telephone number. The telephone
number so provided must permit any
individual to make a do-not-call request during regular business hours.
(2) Any person or entity that engages
in telemarketing is prohibited from
blocking the transmission of caller
identification information.
(3) Tax-exempt nonprofit organizations are not required to comply with
this paragraph.

(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; 60 FR 54449, Oct. 24,
1995, as amended at 62 FR 34015, June 24, 1997;
68 FR 44179, July 25, 2003; 71 FR 75122, Dec. 14,
2006]

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§ 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;

[60 FR 29490, June 5, 1995]

§ 64.1603

Customer notification.

Any common carrier participating in
the offering of services providing calling party number, ANI, or charge number on interstate calls must notify its
subscribers, individually or in conjunction with other carriers, that their
telephone numbers may be identified
to a called party. Such notification
must be made not later than December
1, 1995, and at such times thereafter as

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§ 64.1604

47 CFR Ch. I (10–1–10 Edition)

to ensure notice to subscribers. The notification must be effective in informing subscribers how to maintain privacy by dialing *67 (or 1167 for rotary
or pulse-dialing phones) on interstate
calls. The notice shall inform subscribers whether dialing *82 (or 1182 for
rotary or pulse-dialing phones) on
interstate calls is necessary to present
calling party number to called parties.
For ANI or charge number services for
which such privacy is not provided, the
notification shall inform subscribers of
the restrictions on the reuse or sale of
subscriber information.
[60 FR 29491, June 5, 1995; 60 FR 54449, Oct. 24,
1995]

§ 64.1604 Effective date.
The provisions of §§ 64.1600 and 64.1602
are effective April 12, 1995. The provisions of §§ 64.1601 and 64.1603 are effective December 1, 1995, except §§ 64.1601
and 64.1603 do not apply to public
payphones and partylines until January 1, 1997.
[60 FR 29491, June 5, 1995; 60 FR 54449, Oct. 24,
1995]

Subpart Q—Implementation of
Section 273(d)(5) of the Communications Act: Dispute Resolution Regarding Equipment
Standards

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SOURCE: 61 FR 24903, May 17, 1996, unless
otherwise noted.

§ 64.1700 Purpose and scope.
The purpose of this subpart is to implement the Telecommunications Act
of 1996 which amended the Communications Act by creating section 273(d)(5),
47 U.S.C. 273(d)(5). Section 273(d) sets
forth procedures to be followed by nonaccredited standards development organizations when these organizations
set industry-wide standards and generic requirements for telecommunications equipment or customer premises equipment. The statutory procedures allow outside parties to fund and
participate in setting the organization’s standards and require the organization and the parties to develop a
process for resolving any technical disputes. In cases where all parties cannot
agree to a mutually satisfactory dis-

pute
resolution
process,
section
273(d)(5) requires the Commission to
prescribe a dispute resolution process.
§ 64.1701

Definitions.

For purposes of this subpart, the
terms accredited standards development
organization, funding party, generic requirement, and industry-wide have the
same meaning as found in 47 U.S.C. 273.
§ 64.1702

Procedures.

If a non-accredited standards development organization (NASDO) and the
funding parties are unable to agree
unanimously on a dispute resolution
process prior to publishing a text for
comment pursuant to 47 U.S.C.
273(d)(4)(A)(v), a funding party may use
the default dispute resolution process
set forth in section 64.1703.
§ 64.1703 Dispute
process.

resolution

(a) Tri-Partite Panel. Technical disputes governed by this section shall be
resolved in accordance with the recommendation of a three-person panel,
subject to a vote of the funding parties
in accordance with paragraph (b) of
this section. Persons who participated
in the generic requirements or standards development process are eligible
to serve on the panel. The panel shall
be selected and operate as follows:
(1) Within two (2) days of the filing of
a dispute with the NASDO invoking
the dispute resolution default process,
both the funding party seeking dispute
resolution and the NASDO shall select
a representative to sit on the panel;
(2) Within four (4) days of their selection, the two panelists shall select a
neutral third panel member to create a
tri-partite panel;
(3) The tri-partite panel shall, at a
minimum, review the proposed text of
the NASDO and any explanatory material provided to the funding parties by
the NASDO, the comments and any alternative text provided by the funding
party seeking dispute resolution, any
relevant standards which have been established or which are under development by an accredited-standards development organization, and any comments submitted by other funding parties;

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Federal Communications Commission

§ 64.1801

(4) Any party in interest submitting
information to the panel for consideration (including the NASDO, the party
seeking dispute resolution and the
other funding parties) shall be asked by
the panel whether there is knowledge
of patents, the use of which may be essential to the standard or generic requirement being considered. The fact
that the question was asked along with
any affirmative responses shall be recorded, and considered, in the panel’s
recommendation; and
(5) The tri-partite panel shall, within
fifteen (15) days after being established, decide by a majority vote, the
issue or issues raised by the party
seeking dispute resolution and produce
a report of their decision to the funding parties. The tri-partite panel must
adopt one of the five options listed
below:
(i) The NASDO’s proposal on the
issue under consideration;
(ii) The position of the party seeking
dispute resolution on the issue under
consideration;
(iii) A standard developed by an accredited standards development organization that addresses the issue under
consideration;
(iv) A finding that the issue is not
ripe for decision due to insufficient
technical evidence to support the
soundness of any one proposal over any
other proposal; or
(v) Any other resolution that is consistent with the standard described in
section 64.1703(a)(6).
(6) The tri-partite panel must choose,
from the five options outlined above,
the option that they believe provides
the most technically sound solution
and base its recommendation upon the
substantive evidence presented to the
panel. The panel is not precluded from
taking into account complexity of implementation and other practical considerations in deciding which option is
most technically sound. Neither of the
disputants (i.e., the NASDO and the
funding party which invokes the dispute resolution process) will be permitted to participate in any decision to
reject the mediation panel’s recommendation.

(b) The tri-partite panel’s recommendation(s) must be included in
the final industry-wide standard or industry-wide generic requirement, unless three-fourths of the funding parties who vote decide within thirty (30)
days of the filing of the dispute to reject the recommendation and accept
one of the options specified in paragraphs (a)(5) (i) through (v) of this section. Each funding party shall have one
vote.
(c) All costs sustained by the tripartite panel will be incorporated into
the cost of producing the industry-wide
standard or industry-wide generic requirement.
§ 64.1704

Frivolous disputes/penalties.

(a) No person shall willfully refer a
dispute to the dispute resolution process under this subpart unless to the
best of his knowledge, information and
belief there is good ground to support
the dispute and the dispute is not
interposed for delay.
(b) Any person who fails to comply
with the requirements in paragraph (a)
of this section, may be subject to forfeiture pursuant to section 503(b) of the
Communications Act, 47 U.S.C. 503(b).

Subpart R—Geographic Rate
Averaging and Rate Integration
AUTHORITY: 47 U.S.C. §§ 151, 154(i), 201–205,
214(e), 215 and 254(g).

§ 64.1801 Geographic rate
and rate integration.

averaging

(a) The rates charged by providers of
interexchange
telecommunications
services to subscribers in rural and
high-cost areas shall be no higher than
the rates charged by each such provider to its subscribers in urban areas.
(b) A provider of interstate interexchange telecommunications services
shall provide such services to its subscribers in each U.S. state at rates no
higher than the rates charged to its
subscribers in any other state.
[61 FR 42564, Aug. 16, 1996]

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§ 64.1900

47 CFR Ch. I (10–1–10 Edition)

Subpart S—Nondominant Interexchange
Carrier
Certifications
Regarding
Geographic Rate Averaging and
Rate
Integration
Requirements
§ 64.1900 Nondominant interexchange
carrier certifications regarding geographic rate averaging and rate integration requirements.
(a) A nondominant provider of interexchange telecommunications services,
which provides detariffed interstate,
domestic, interexchange services, shall
file with the Commission, on an annual
basis, a certification that it is providing such services in compliance
with its geographic rate averaging and
rate integration obligations pursuant
to section 254(g) of the Communications Act of 1934, as amended.
(b) The certification filed pursuant to
paragraph (a) of this section shall be
signed by an officer of the company
under oath.
[61 FR 59366, Nov. 22, 1996]

Subpart T—Separate Affiliate Requirements for Incumbent
Independent Local Exchange
Carriers That Provide In-Region,
Interstate
Domestic
Interexchange Services or InRegion International Interexchange Services
SOURCE: 62 FR 36017, July 3, 1997, unless
otherwise noted.

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§ 64.1901 Basis and purpose.
(a) Basis. These rules are issued pursuant to the Communications Act of
1934, as amended.
(b) Purpose. The purpose of these
rules is to regulate the provision of inregion, interstate, domestic, interexchange services and in-region international interexchange services by incumbent independent local exchange
carriers.
§ 64.1902 Terms and definitions.
Terms used in this part have the following meanings:
Books of account. Books of account
refer to the financial accounting sys-

tem a company uses to record, in monetary terms, the basic transactions of a
company. These books of account reflect the company’s assets, liabilities,
and equity, and the revenues and expenses from operations. Each company
has its own separate books of account.
Incumbent Independent Local Exchange
Carrier (Incumbent Independent LEC).
The term incumbent independent local
exchange carrier means, with respect
to an area, the independent local exchange carrier that:
(1) On February 8, 1996, provided telephone exchange service in such area;
and
(2)(i) On February 8, 1996, was deemed
to be a member of the exchange carrier
association pursuant to § 69.601(b) of
this title; or
(ii) Is a person or entity that, on or
after February 8, 1996, became a successor or assign of a member described
in paragraph (2)(i) of this section. The
Commission may also, by rule, treat an
independent local exchange carrier as
an incumbent independent local exchange carrier pursuant to section
251(h)(2) of the Communications Act of
1934, as amended.
Independent Local Exchange Carrier
(Independent LEC). Independent local
exchange carriers are local exchange
carriers, including GTE, other than the
BOCs.
Independent Local Exchange Carrier
Affiliate (Independent LEC Affiliate).
An independent local exchange carrier
affiliate is a carrier that is owned (in
whole or in part) or controlled by, or
under common ownership (in whole or
in part) or control with, an independent local exchange carrier.
In-region service. In-region service
means
telecommunications
service
originating in an independent local exchange carrier’s local service areas or
800 service, private line service, or
their equivalents that:
(1) Terminate in the independent
LEC’s local exchange areas; and
(2) Allow the called party to determine the interexchange carrier, even if
the service originates outside the independent LEC’s local exchange areas.
Local Exchange Carrier. The term
local exchange carrier means any person that is engaged in the provision of

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Federal Communications Commission

§ 64.2003

telephone exchange service or exchange access. Such term does not include a person insofar as such person is
engaged in the provision of a commercial mobile service under section 332(c),
except to the extent that the Commission finds that such service should be
included in the definition of that term.

keting and other services, subject to
paragraph (a)(3) of this section.
(1) For an incumbent independent
LEC that provides in-region, interstate
domestic interexchange services or inregion
international
interexchange
services using no interexchange switching or transmission facilities or capability of the LEC’s own (i.e., ‘‘independent LEC reseller,’’) the affiliate required in paragraph (a) of this section
may be a separate corporate division of
such incumbent independent LEC. All
other provisions of this Subpart applicable to an independent LEC affiliate
shall continue to apply, as applicable,
to such separate corporate division.
(2) [Reserved]

[64 FR 44425, Aug. 16, 1999]

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§ 64.1903 Obligations of all incumbent
independent local exchange carriers.
(a) An incumbent independent LEC
providing in-region, interstate, interexchange services or in-region international interexchange services shall
provide such services through an affiliate that satisfies the following requirements:
(1) The affiliate shall maintain separate books of account from its affiliated exchange companies. Nothing in
this section requires the affiliate to
maintain separate books of account
that comply with Part 32 of this title;
(2) The affiliate shall not jointly own
transmission or switching facilities
with its affiliated exchange companies.
Nothing in this section prohibits an affiliate from sharing personnel or other
resources or assets with an affiliated
exchange company; and
(3) The affiliate shall acquire any
services from its affiliated exchange
companies for which the affiliated exchange companies are required to file a
tariff at tariffed rates, terms, and conditions. Nothing in this section shall
prohibit the affiliate from acquiring
any unbundled network elements or exchange services for the provision of a
telecommunications service from its
affiliated exchange companies, subject
to the same terms and conditions as
provided in an agreement approved
under section 252 of the Communications Act of 1934, as amended.
(b) Except as provided in paragraph
(b)(1) of this section, the affiliate required in paragraph (a) of this section
shall be a separate legal entity from its
affiliated exchange companies. The affiliate may be staffed by personnel of
its affiliated exchange companies,
housed in existing offices of its affiliated exchange companies, and use its
affiliated exchange companies’ mar-

[64 FR 44425, Aug. 16, 1999, as amended at 71
FR 65751, Nov. 9, 2006]

Subpart U—Customer Proprietary
Network Information
SOURCE: 63 FR 20338, Apr. 24, 1998, unless
otherwise noted.

§ 64.2001 Basis and purpose.
(a) Basis. The rules in this subpart
are issued pursuant to the Communications Act of 1934, as amended.
(b) Purpose. The purpose of the rules
in this subpart is to implement section
222 of the Communications Act of 1934,
as amended, 47 U.S.C. 222.
§ 64.2003 Definitions.
(a) Account information. ‘‘Account information’’ is information that is specifically connected to the customer’s
service relationship with the carrier,
including such things as an account
number or any component thereof, the
telephone number associated with the
account, or the bill’s amount.
(b) Address of record. An ‘‘address of
record,’’ whether postal or electronic,
is an address that the carrier has associated with the customer’s account for
at least 30 days.
(c) Affiliate. The term ‘‘affiliate’’ has
the same meaning given such term in
section 3(1) of the Communications Act
of 1934, as amended, 47 U.S.C. 153(1).
(d) Call detail information. Any information that pertains to the transmission of specific telephone calls, including, for outbound calls, the number

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§ 64.2003

47 CFR Ch. I (10–1–10 Edition)

called, and the time, location, or duration of any call and, for inbound calls,
the number from which the call was
placed, and the time, location, or duration of any call.
(e) Communications-related services.
The term ‘‘communications-related
services’’ means telecommunications
services, information services typically
provided by telecommunications carriers, and services related to the provision or maintenance of customer premises equipment.
(f) Customer. A customer of a telecommunications carrier is a person or
entity to which the telecommunications carrier is currently providing
service.
(g) Customer proprietary network information (CPNI). The term ‘‘customer
proprietary
network
information
(CPNI)’’ has the same meaning given to
such term in section 222(h)(1) of the
Communications Act of 1934, as amended, 47 U.S.C. 222(h)(1).
(h) Customer premises equipment (CPE).
The term ‘‘customer premises equipment (CPE)’’ has the same meaning
given to such term in section 3(14) of
the Communications Act of 1934, as
amended, 47 U.S.C. 153(14).
(i) Information services typically provided by telecommunications carriers. The
phrase ‘‘information services typically
provided by telecommunications carriers’’ means only those information
services (as defined in section 3(20) of
the Communication Act of 1934, as
amended, 47 U.S.C. 153(20)) that are
typically provided by telecommunications carriers, such as Internet access or voice mail services. Such
phrase ‘‘information services typically
provided by telecommunications carriers,’’ as used in this subpart, shall
not include retail consumer services
provided using Internet Web sites (such
as travel reservation services or mortgage lending services), whether or not
such services may otherwise be considered to be information services.
(j) Local exchange carrier (LEC). The
term ‘‘local exchange carrier (LEC)’’
has the same meaning given to such
term in section 3(26) of the Communications Act of 1934, as amended, 47
U.S.C. 153(26).
(k) Opt-in approval. The term ‘‘opt-in
approval’’ refers to a method for ob-

taining customer consent to use, disclose, or permit access to the customer’s CPNI. This approval method
requires that the carrier obtain from
the customer affirmative, express consent allowing the requested CPNI
usage, disclosure, or access after the
customer is provided appropriate notification of the carrier’s request consistent with the requirements set forth
in this subpart.
(l) Opt-out approval. The term ‘‘optout approval’’ refers to a method for
obtaining customer consent to use, disclose, or permit access to the customer’s CPNI. Under this approval
method, a customer is deemed to have
consented to the use, disclosure, or access to the customer’s CPNI if the customer has failed to object thereto within the waiting period described in
§ 64.2008(d)(1) after the customer is provided appropriate notification of the
carrier’s request for consent consistent
with the rules in this subpart.
(m) Readily available biographical information. ‘‘Readily available biographical information’’ is information
drawn from the customer’s life history
and includes such things as the customer’s social security number, or the
last four digits of that number; mother’s maiden name; home address; or
date of birth.
(n) Subscriber list information (SLI).
The term ‘‘subscriber list information
(SLI)’’ has the same meaning given to
such term in section 222(h)(3) of the
Communications Act of 1934, as amended, 47 U.S.C. 222(h)(3).
(o) Telecommunications carrier or carrier. The terms ‘‘telecommunications
carrier’’ or ‘‘carrier’’ shall have the
same meaning as set forth in section
3(44) of the Communications Act of
1934, as amended, 47 U.S.C. 153(44). For
the purposes of this subpart, the term
‘‘telecommunications carrier’’ or ‘‘carrier’’ shall include an entity that provides interconnected VoIP service, as
that term is defined in section 9.3 of
these rules.
(p) Telecommunications service. The
term ‘‘telecommunications service’’
has the same meaning given to such
term in section 3(46) of the Communications Act of 1934, as amended, 47
U.S.C. 153(46).

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Federal Communications Commission

§ 64.2007

(q) Telephone number of record. The
telephone number associated with the
underlying service, not the telephone
number supplied as a customer’s ‘‘contact information.’’
(r) Valid photo ID. A ‘‘valid photo ID’’
is a government-issued means of personal identification with a photograph
such as a driver’s license, passport, or
comparable ID that is not expired.

messaging, voice storage and retrieval
services, fax store and forward, and
protocol conversion.
(2) A telecommunications carrier
may not use, disclose or permit access
to CPNI to identify or track customers
that call competing service providers.
For example, a local exchange carrier
may not use local service CPNI to
track all customers that call local
service competitors.
(c) A telecommunications carrier
may use, disclose, or permit access to
CPNI, without customer approval, as
described in this paragraph (c).
(1) A telecommunications carrier
may use, disclose, or permit access to
CPNI, without customer approval, in
its provision of inside wiring installation, maintenance, and repair services.
(2) CMRS providers may use, disclose,
or permit access to CPNI for the purpose of conducting research on the
health effects of CMRS.
(3) LECs, CMRS providers, and entities that provide interconnected VoIP
service as that term is defined in § 9.3
of this chapter, may use CPNI, without
customer approval, to market services
formerly known as adjunct-to-basic
services, such as, but not limited to,
speed dialing, computer-provided directory assistance, call monitoring, call
tracing, call blocking, call return, repeat dialing, call tracking, call waiting, caller I.D., call forwarding, and
certain centrex features.
(d) A telecommunications carrier
may use, disclose, or permit access to
CPNI to protect the rights or property
of the carrier, or to protect users of
those services and other carriers from
fraudulent, abusive, or unlawful use of,
or subscription to, such services.

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[72 FR 31961, June 8, 2007]

§ 64.2005 Use of customer proprietary
network information without customer approval.
(a) Any telecommunications carrier
may use, disclose, or permit access to
CPNI for the purpose of providing or
marketing service offerings among the
categories of service (i.e., local, interexchange, and CMRS) to which the customer already subscribes from the
same carrier, without customer approval.
(1) If a telecommunications carrier
provides different categories of service,
and a customer subscribes to more
than one category of service offered by
the carrier, the carrier is permitted to
share CPNI among the carrier’s affiliated entities that provide a service offering to the customer.
(2) If a telecommunications carrier
provides different categories of service,
but a customer does not subscribe to
more than one offering by the carrier,
the carrier is not permitted to share
CPNI with its affiliates, except as provided in § 64.2007(b).
(b) A telecommunications carrier
may not use, disclose, or permit access
to CPNI to market to a customer service offerings that are within a category
of service to which the subscriber does
not already subscribe from that carrier, unless that carrier has customer
approval to do so, except as described
in paragraph (c) of this section.
(1) A wireless provider may use, disclose, or permit access to CPNI derived
from its provision of CMRS, without
customer approval, for the provision of
CPE and information service(s). A
wireline carrier may use, disclose or
permit access to CPNI derived from its
provision of local exchange service or
interexchange service, without customer approval, for the provision of
CPE and call answering, voice mail or

[63 FR 20338, Apr. 24, 1998, as amended at 64
FR 53264, Oct. 1, 1999; 67 FR 59211, Sept. 20,
2002; 72 FR 31962, June 8, 2007]

§ 64.2007 Approval required for use of
customer proprietary network information.
(a) A telecommunications carrier
may obtain approval through written,
oral or electronic methods.
(1) A telecommunications carrier relying on oral approval shall bear the
burden of demonstrating that such approval has been given in compliance

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§ 64.2008

47 CFR Ch. I (10–1–10 Edition)

with the Commission’s rules in this
part.
(2) Approval or disapproval to use,
disclose, or permit access to a customer’s CPNI obtained by a telecommunications carrier must remain
in effect until the customer revokes or
limits such approval or disapproval.
(3) A telecommunications carrier
must maintain records of approval,
whether oral, written or electronic, for
at least one year.
(b) Use of Opt-Out and Opt-In Approval Processes. A telecommunications
carrier may, subject to opt-out approval or opt-in approval, use its customer’s individually identifiable CPNI
for the purpose of marketing communications-related services to that customer. A telecommunications carrier
may, subject to opt-out approval or
opt-in approval, disclose its customer’s
individually identifiable CPNI, for the
purpose of marketing communicationsrelated services to that customer, to
its agents and its affiliates that provide communications-related services.
A telecommunications carrier may
also permit such persons or entities to
obtain access to such CPNI for such
purposes. Except for use and disclosure
of CPNI that is permitted without customer approval under section § 64.2005,
or that is described in this paragraph,
or as otherwise provided in section 222
of the Communications Act of 1934, as
amended, a telecommunications carrier may only use, disclose, or permit
access to its customer’s individually
identifiable CPNI subject to opt-in approval.
[67 FR 59212, Sept. 20, 2002, as amended at 72
FR 31962, June 8, 2007]

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§ 64.2008 Notice required for use of
customer proprietary network information.
(a) Notification, Generally. (1) Prior to
any solicitation for customer approval,
a telecommunications carrier must
provide notification to the customer of
the customer’s right to restrict use of,
disclosure of, and access to that customer’s CPNI.
(2) A telecommunications carrier
must maintain records of notification,
whether oral, written or electronic, for
at least one year.

(b) Individual notice to customers
must be provided when soliciting approval to use, disclose, or permit access
to customers’ CPNI.
(c) Content of Notice. Customer notification must provide sufficient information to enable the customer to make an
informed decision as to whether to permit a carrier to use, disclose, or permit
access to, the customer’s CPNI.
(1) The notification must state that
the customer has a right, and the carrier has a duty, under federal law, to
protect the confidentiality of CPNI.
(2) The notification must specify the
types of information that constitute
CPNI and the specific entities that will
receive 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 access to CPNI at any time.
(3) The notification must advise the
customer of the precise steps the customer must take in order to grant or
deny access to CPNI, and must clearly
state that a denial of approval will not
affect the provision of any services to
which the customer subscribes. However, carriers may provide a brief
statement, in clear and neutral language, describing consequences directly resulting from the lack of access
to CPNI.
(4) The notification must be comprehensible and must not be misleading.
(5) If written notification is provided,
the notice must 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 carrier may state in the notification that the customer’s approval to
use CPNI may enhance the carrier’s
ability to offer products and services
tailored to the customer’s needs. A carrier 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) A carrier may not include in the
notification any statement attempting
to encourage a customer to freeze
third-party access to CPNI.

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§ 64.2008

(9) The notification must state that
any approval, or denial of approval for
the use of CPNI outside of the service
to which the customer already subscribes from that carrier is valid until
the customer affirmatively revokes or
limits such approval or denial.
(10) A telecommunications carrier’s
solicitation for approval must be proximate to the notification of a customer’s CPNI rights.
(d) Notice Requirements Specific to OptOut. A telecommunications carrier
must provide notification to obtain
opt-out approval through electronic or
written methods, but not by oral communication (except as provided in
paragraph (f) of this section). The contents of any such notification must
comply with the requirements of paragraph (c) of this section.
(1) Carriers must 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 carrier may, in its discretion, provide for a longer period. Carriers must 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) Carriers using the opt-out mechanism must provide notices to their customers every two years.
(3) Telecommunications carriers that
use e-mail to provide opt-out notices
must comply with the following requirements in addition to the requirements generally applicable to notification:
(i) Carriers must obtain express,
verifiable, prior approval from consumers to send notices via e-mail regarding their service in general, or
CPNI in particular;
(ii) Carriers must allow customers to
reply directly to e-mails containing
CPNI notices in order to opt-out;
(iii) Opt-out e-mail notices that are
returned to the carrier as undeliverable
must be sent to the customer in an-

other form before carriers may consider the customer to have received notice;
(iv) Carriers that use e-mail to send
CPNI notices must ensure that the subject line of the message clearly and accurately identifies the subject matter
of the e-mail; and
(v)
Telecommunications
carriers
must 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. Carriers 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 OptIn. A telecommunications carrier may
provide notification to obtain opt-in
approval through oral, written, or electronic methods. The contents of any
such notification must comply with
the requirements of paragraph (c) of
this section.
(f) Notice Requirements Specific to OneTime Use of CPNI. (1) Carriers may use
oral notice to obtain limited, one-time
use of CPNI for inbound and outbound
customer telephone contacts for the
duration of the call, regardless of
whether carriers use opt-out or opt-in
approval based on the nature of the
contact.
(2) The contents of any such notification must comply with the requirements of paragraph (c) of this section,
except that telecommunications carriers may omit any of the following notice provisions if not relevant to the
limited use for which the carrier seeks
CPNI:
(i) Carriers need not advise customers that if they have opted-out previously, no action is needed to maintain the opt-out election;
(ii) Carriers need not advise customers that they may share CPNI with
their 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) Carriers need not disclose the
means by which a customer can deny
or withdraw future access to CPNI, so
long as carriers explain to customers

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47 CFR Ch. I (10–1–10 Edition)

that the scope of the approval the carrier seeks is limited to one-time use;
and
(iv) Carriers may omit disclosure of
the precise steps a customer must take
in order to grant or deny access to
CPNI, as long as the carrier clearly
communicates that the customer can
deny access to his CPNI for the call.

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[67 FR 59212, Sept. 20, 2002]

§ 64.2009 Safeguards required for use
of customer proprietary network
information.
(a)
Telecommunications
carriers
must implement a system by which the
status of a customer’s CPNI approval
can be clearly established prior to the
use of CPNI.
(b)
Telecommunications
carriers
must train their personnel as to when
they are and are not authorized to use
CPNI, and carriers must have an express disciplinary process in place.
(c) All carriers shall maintain a
record, electronically or in some other
manner, of their own and their affiliates’ sales and marketing campaigns
that use their customers’ CPNI. All
carriers shall maintain a record of all
instances where CPNI was disclosed or
provided to third parties, or where
third parties were allowed access to
CPNI. The record must include a description of each campaign, the specific
CPNI that was used in the campaign,
and what products and services were
offered as a part of the campaign. Carriers shall retain the record for a minimum of one year.
(d)
Telecommunications
carriers
must establish a supervisory review
process regarding carrier compliance
with the rules in this subpart for outbound marketing situations and maintain records of carrier compliance for a
minimum period of one year. Specifically, sales personnel must obtain supervisory approval of any proposed outbound marketing request for customer
approval.
(e) A telecommunications carrier
must have an officer, as an agent of the
carrier, sign and file with the Commission a compliance certificate on an annual basis. The officer must state in
the certification that he or she has personal knowledge that the company has
established operating procedures that

are adequate to ensure compliance
with the rules in this subpart. The carrier must provide a statement accompanying the certificate explaining how
its operating procedures ensure that it
is or is not in compliance with the
rules in this subpart. In addition, the
carrier must include an explanation of
any actions taken against data brokers
and a summary of all customer complaints received in the past year concerning the unauthorized release of
CPNI. This filing must be made annually with the Enforcement Bureau on
or before March 1 in EB Docket No. 06–
36, for data pertaining to the previous
calendar year.
(f) Carriers must provide written notice within five business days to the
Commission of any instance where the
opt-out mechanisms do not work properly, to such a degree that consumers’
inability to opt-out is more than an
anomaly.
(1) The notice shall be in the form of
a letter, and shall include the carrier’s
name, a description of the opt-out
mechanism(s) used, the problem(s) experienced, the remedy proposed and
when it will be/was implemented,
whether the relevant state commission(s) has been notified and whether it
has taken any action, a copy of the notice provided to customers, and contact
information.
(2) Such notice must be submitted
even if the carrier offers other methods
by which consumers may opt-out.
[63 FR 20338, Apr. 24, 1998, as amended at 64
FR 53264, Oct. 1, 1999; 67 FR 59213, Sept. 20,
2002; 72 FR 31962, June 8, 2007]

§ 64.2010 Safeguards on the disclosure
of customer proprietary network
information.
(a) Safeguarding CPNI. Telecommunications carriers must take reasonable
measures to discover and protect
against attempts to gain unauthorized
access to CPNI. Telecommunications
carriers must properly authenticate a
customer prior to disclosing CPNI
based on customer-initiated telephone
contact, online account access, or an
in-store visit.
(b) Telephone access to CPNI. Telecommunications carriers may only disclose call detail information over the
telephone, based on customer-initiated

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telephone contact, if the customer first
provides the carrier with a password,
as described in paragraph (e) of this
section, that is not prompted by the
carrier asking for readily available biographical information, or account information. If the customer does not
provide a password, the telecommunications carrier may only disclose call
detail information by sending it to the
customer’s address of record, or by
calling the customer at the telephone
number of record. If the customer is
able to provide call detail information
to the telecommunications carrier during a customer-initiated call without
the telecommunications carrier’s assistance, then the telecommunications
carrier is permitted to discuss the call
detail information provided by the customer.
(c) Online access to CPNI. A telecommunications carrier must authenticate a customer without the use of
readily available biographical information, or account information, prior to
allowing the customer online access to
CPNI related to a telecommunications
service account. Once authenticated,
the customer may only obtain online
access to CPNI related to a telecommunications
service
account
through a password, as described in
paragraph (e) of this section, that is
not prompted by the carrier asking for
readily available biographical information, or account information.
(d) In-store access to CPNI. A telecommunications carrier may disclose
CPNI to a customer who, at a carrier’s
retail location, first presents to the
telecommunications carrier or its
agent a valid photo ID matching the
customer’s account information.
(e) Establishment of a Password and
Back-up Authentication Methods for Lost
or Forgotten Passwords. To establish a
password, a telecommunications carrier must authenticate the customer
without the use of readily available biographical information, or account information. Telecommunications carriers may create a back-up customer
authentication method in the event of
a lost or forgotten password, but such
back-up
customer
authentication
method may not prompt the customer
for readily available biographical information, or account information. If a

customer cannot provide the correct
password or the correct response for
the back-up customer authentication
method, the customer must establish a
new password as described in this paragraph.
(f) Notification of account changes.
Telecommunications carriers must notify customers immediately whenever
a password, customer response to a
back-up means of authentication for
lost or forgotten passwords, online account, or address of record is created or
changed. This notification is not required when the customer initiates
service, including the selection of a
password at service initiation. This notification may be through a carrieroriginated voicemail or text message
to the telephone number of record, or
by mail to the address of record, and
must not reveal the changed information or be sent to the new account information.
(g) Business customer exemption. Telecommunications carriers may bind
themselves contractually to authentication regimes other than those described in this section for services they
provide to their business customers
that have both a dedicated account
representative and a contract that specifically addresses the carriers’ protection of CPNI.
[72 FR 31962, June 8, 2007]

§ 64.2011 Notification of customer proprietary network information security breaches.
(a) A telecommunications carrier
shall notify law enforcement of a
breach of its customers’ CPNI as provided in this section. The carrier shall
not notify its customers or disclose the
breach publicly, whether voluntarily or
under state or local law or these rules,
until it has completed the process of
notifying law enforcement pursuant to
paragraph (b) of this section.
(b) As soon as practicable, and in no
event later than seven (7) business
days, after reasonable determination of
the breach, the telecommunications
carrier shall electronically notify the
United States Secret Service (USSS)
and the Federal Bureau of Investigation (FBI) through a central reporting
facility. The Commission will maintain

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§ 64.2301

47 CFR Ch. I (10–1–10 Edition)

a link to the reporting facility at http://
www.fcc.gov/eb/cpni.
(1) Notwithstanding any state law to
the contrary, the carrier shall not notify customers or disclose the breach to
the public until 7 full business days
have passed after notification to the
USSS and the FBI except as provided
in paragraphs (b)(2) and (b)(3) of this
section.
(2) If the carrier believes that there is
an extraordinarily urgent need to notify any class of affected customers
sooner than otherwise allowed under
paragraph (b)(1) of this section, in
order to avoid immediate and irreparable harm, it shall so indicate in its
notification and may proceed to immediately notify its affected customers
only after consultation with the relevant investigating agency. The carrier
shall cooperate with the relevant investigating agency’s request to minimize any adverse effects of such customer notification.
(3) If the relevant investigating agency determines that public disclosure or
notice to customers would impede or
compromise an ongoing or potential
criminal investigation or national security, such agency may direct the carrier not to so disclose or notify for an
initial period of up to 30 days. Such period may be extended by the agency as
reasonably necessary in the judgment
of the agency. If such direction is
given, the agency shall notify the carrier when it appears that public disclosure or notice to affected customers
will no longer impede or compromise a
criminal investigation or national security. The agency shall provide in
writing its initial direction to the carrier, any subsequent extension, and
any notification that notice will no
longer impede or compromise a criminal investigation or national security
and such writings shall be contemporaneously logged on the same reporting
facility that contains records of notifications filed by carriers.
(c) Customer notification. After a telecommunications carrier has completed
the process of notifying law enforcement pursuant to paragraph (b) of this
section, it shall notify its customers of
a breach of those customers’ CPNI.
(d) Recordkeeping. All carriers shall
maintain a record, electronically or in

some other manner, of any breaches
discovered, notifications made to the
USSS and the FBI pursuant to paragraph (b) of this section, and notifications made to customers. The record
must include, if available, dates of discovery and notification, a detailed description of the CPNI that was the subject of the breach, and the circumstances of the breach. Carriers
shall retain the record for a minimum
of 2 years.
(e) Definitions. As used in this section, a ‘‘breach’’ has occurred when a
person, without authorization or exceeding authorization, has intentionally gained access to, used, or disclosed CPNI.
(f) This section does not supersede
any statute, regulation, order, or interpretation in any State, except to the
extent that such statute, regulation,
order, or interpretation is inconsistent
with the provisions of this section, and
then only to the extent of the inconsistency.
[72 FR 31963, June 8, 2007]

Subparts V–W [Reserved]
Subpart X—Subscriber List
Information
SOURCE: 64 FR 53947, Oct. 5, 2000, unless
otherwise noted.

§ 64.2301 Basis and purpose.
(a) Basis. These rules are issued pursuant to the Communications Act of
1934, as amended.
(b) Purpose. The purpose of these
rules is to implement section 222(e) of
the Communications Act of 1934, as
amended, 47 U.S.C. 222. Section 222(e)
requires that ‘‘a telecommunications
carrier that provides telephone exchange service shall provide subscriber
list information gathered in its capacity as a provider of such service on a
timely and unbundled basis, under nondiscriminatory and reasonable rates,
terms, and conditions, to any person
upon request for the purpose of publishing directories in any format.’’
§ 64.2305 Definitions.
Terms used in this subpart have the
following meanings:

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Federal Communications Commission

§ 64.2313

(a) Base file subscriber list information.
A directory publisher requests base file
subscriber list information when the
publisher requests, as of a given date,
all of a carrier’s subscriber list information that the publisher wishes to include in one or more directories.
(b) Business subscriber. Business subscriber refers to a subscriber to telephone exchange service for businesses.
(c) Primary advertising classification. A
primary advertising classification is
the principal business heading under
which a subscriber to telephone exchange service for businesses chooses
to be listed in the yellow pages, if the
carrier either assigns that heading or
is obligated to provide yellow pages
listings as part of telephone exchange
service to businesses. In other circumstances, a primary advertising
classification is the classification of a
subscriber to telephone exchange service as a business subscriber.
(d) Residential subscriber. Residential
subscriber refers to a subscriber to
telephone exchange service that is not
a business subscriber.
(e) Subscriber list information. Subscriber list information is any information:
(1) Identifying the listed names of
subscribers of a carrier and such subscribers’ telephone numbers, addresses,
or primary advertising classifications
(as such classifications are assigned at
the time of the establishment of such
service), or any combination of such
listed names, numbers, addresses, or
classifications; and
(2) That the carrier or an affiliate has
published, caused to be published, or
accepted for publication in any directory format.
(f) Telecommunications carrier. A telecommunications carrier is any provider
of telecommunications services, except
that such term does not include
aggregators of telecommunications
services (as defined in 47 U.S.C.
226(a)(2)).
(g) Telephone exchange service. Telephone exchange service means:
(1) Service within a telephone exchange, or within a connected system
of telephone exchanges within the
same exchange area operated to furnish
to
subscribers
intercommunicating
service of the character ordinarily fur-

nished by a single exchange, and which
is covered by the exchange service
charge, or
(B) Comparable service provided
through a system of switches, transmission equipment, or other facilities
(or combination thereof) by which a
subscriber can originate and terminate
a telecommunications service.
(h) Updated subscriber list information.
A directory publisher requests updated
subscriber list information when the
publisher requests changes to all or
any part of a carrier’s subscriber list
information occurring between specified dates.
§ 64.2309 Provision of subscriber list
information.
(a) A telecommunications carrier
that provides telephone exchange service shall provide subscriber list information gathered in its capacity as a
provider of such service on a timely
and unbundled basis, under nondiscriminatory and reasonable rates, terms,
and conditions, to any person upon request for the purpose of publishing directories in any format.
(b) The obligation under paragraph
(a) to provide a particular telephone
subscriber’s subscriber list information
extends only to the carrier that provides that subscriber with telephone
exchange service.
§ 64.2313 Timely basis.
(a) For purposes of § 64.2309, a telecommunications carrier provides subscriber list information on a timely
basis only if the carrier provides the
requested information to the requesting directory publisher either:
(1) At the time at which, or according
to the schedule under which, the directory publisher requests that the subscriber list information be provided;
(2) When the carrier does not receive
at least thirty days advance notice of
the time the directory publisher requests that subscriber list information
be provided, on the first business day
that is at least thirty days from date
the carrier receives that request; or
(3) At a time determined in accordance with paragraph (b) of this section.
(b) If a carrier’s internal systems do
not permit the carrier to provide subscriber list information within either

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§ 64.2317

47 CFR Ch. I (10–1–10 Edition)

of the time frames specified in paragraph (a)(1) of this section, the carrier
shall:
(1) Within thirty days of receiving
the publisher’s request, inform the directory publisher that the requested
schedule cannot be accommodated and
tell the directory publisher which
schedules can be accommodated; and
(2) Adhere to the schedule the directory publisher chooses from among the
available schedules.

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§ 64.2317

Unbundled basis.

(a) A directory publisher may request
that a carrier unbundle subscriber list
information on any basis for the purpose of publishing one or more directories.
(b) For purposes of § 64.2309, a telecommunications carrier provides subscriber
list
information
on
an
unbundled basis only if the carrier provides:
(1) The listings the directory publisher requests and no other listings,
products, or services; or
(2) Subscriber list information on a
basis determined in accordance with
paragraph (c) of this section.
(c) If the carrier’s internal systems
do not permit it unbundle subscriber
list information on the basis a directory publisher requests, the carrier
must:
(1) Within thirty days of receiving
the publisher’s request, inform the directory publisher that it cannot
unbundle subscriber list information
on the requested basis and tell the directory publisher the bases on which
the carrier can unbundle subscriber list
information; and
(2) In accordance with paragraph (d)
of this section, provide subscriber list
information to the directory publisher
unbundled on the basis the directory
publisher chooses from among the
available bases.
(d) If a carrier provides a directory
publisher listings in addition to those
the directory publisher requests, the
carrier may impose charges for, and
the directory publisher may publish,
only the requested listings.
(e) A carrier must not require directory publishers to purchase any product or service other than subscriber

list information as a condition of obtaining subscriber list information.
§ 64.2321 Nondiscriminatory
terms, and conditions.

For purposes of § 64.2309, a telecommunications carrier provides subscriber list information under nondiscriminatory rates, terms, and conditions only if the carrier provides subscriber list information gathered in its
capacity as a provider of telephone exchange service to a requesting directory publisher at the same rates,
terms, and conditions that the carrier
provides the information to its own directory publishing operation, its directory publishing affiliate, or other directory publishers.
§ 64.2325 Reasonable rates, terms, and
conditions.
(a) For purposes of § 64.2309, a telecommunications carrier will be presumed to provide subscriber list information under reasonable rates if its
rates are no more than $0.04 a listing
for base file subscriber list information
and no more than $0.06 a listing for updated subscriber list information.
(b) For purposes of § 64.2309, a telecommunications carrier provides subscriber list information under reasonable terms and conditions only if the
carrier does not restrict a directory
publisher’s choice of directory format.
§ 64.2329

Format.

(a) A carrier shall provide subscriber
list information obtained in its capacity as a provider of telephone exchange
service to a requesting directory publisher in the format the publisher
specifies, if the carrier’s internal systems can accommodate that format.
(b) If a carrier’s internal systems do
not permit the carrier to provide subscriber list information in the format
the directory publisher specifies, the
carrier shall:
(1) Within thirty days of receiving
the publisher’s request, inform the directory publisher that the requested
format cannot be accommodated and
tell the directory publisher which formats can be accommodated; and

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Federal Communications Commission

§ 64.2345

(2) Provide the requested subscriber
list information in the format the directory publisher chooses from among
the available formats.
§ 64.2333

Burden of proof.

(a) In any future proceeding arising
under section 222(e) of the Communications Act or § 64.2309, the burden of
proof will be on the carrier to the extent it claims its internal subscriber
list information systems cannot accommodate the delivery time, delivery
schedule, unbundling level, or format
requested by a directory publisher.
(b) In any future proceeding arising
under section 222(e) of the Communications Act or § 64.2309, the burden of
proof will be on the carrier to the extent it seeks a rate exceeding $0.04 per
listing for base file subscriber list information or $0.06 per listing for updated subscriber list information.

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§ 64.2337 Directory
poses.

publishing

pur-

(a) Except to the extent the carrier
and directory publisher otherwise
agree, a directory publisher shall use
subscriber list information obtained
pursuant to section 222(e) of the Communications Act or § 64.2309 only for
the purpose of publishing directories.
(b) A directory publisher uses subscriber list information ‘‘for the purpose of publishing directories’’ if the
publisher includes that information in
a directory, or uses that information to
determine what information should be
included in a directory, solicit advertisers for a directory, or deliver directories.
(c) A telecommunications carrier
may require any person requesting subscriber list information pursuant to
section 222(e) of the Communications
Act or § 64.2309 to certify that the publisher will use the information only for
purposes of publishing a directory.
(d) A carrier must provide subscriber
list information to a requesting directory publisher even if the carrier believes that the directory publisher will
use that information for purposes other
than or in addition to directory publishing.

§ 64.2341

Record keeping.

(a) A telecommunications carrier
must retain, for at least one year after
its expiration, each written contract
that it has executed for the provision
of subscriber list information for directory publishing purposes to itself, an
affiliate, or an entity that publishes directories on the carrier’s behalf.
(b) A telecommunications carrier
must maintain, for at least one year
after the carrier provides subscriber
list information for directory publishing purposes to itself, an affiliate,
or an entity that publishes directories
on the carrier’s behalf, records of any
of its rates, terms, and conditions for
providing that subscriber list information which are not set forth in a written contract.
(c) Except to the extent specified in
paragraph (d), a carrier shall make the
contracts and records described in
paragraphs (a) and (b) available, upon
request, to the Commission and to any
directory publisher that requests those
contracts and records for the purpose
of publishing a directory.
(d) A carrier need not disclose to a directory publisher pursuant to paragraph (c) portions of requested contracts that are wholly unrelated to the
rates, terms, or conditions under which
the carrier provides subscriber list information to itself, an affiliate, or an
entity that publishes directories on the
carrier’s behalf.
(e) A carrier may subject its disclosure of subscriber list information contracts or records to a directory publisher pursuant to paragraph (c) to a
confidentiality agreement that limits
access to and use of the information to
the purpose of determining the rates,
terms, and conditions under which the
carrier provides subscriber list information to itself, an affiliate, or an entity that publishes directories on the
carrier’s behalf.
[28 FR 13239, Dec. 5, 1963, as amended at 69
FR 62816, Oct. 28, 2004]

§ 64.2345 Primary
fication.

advertising

A primary advertising classification
is assigned at the time of the establishment of telephone exchange service if

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§ 64.2400

47 CFR Ch. I (10–1–10 Edition)

the carrier that provides telephone exchange service assigns the classification or if a tariff or State requirement
obligates the carrier to provide yellow
pages listings as part of telephone exchange service to businesses.

Subpart
Y—Truth-in-Billing
Requirements for Common Carriers
SOURCE: 64 FR 34497, June 25, 1999, unless
otherwise noted.

§ 64.2400

Purpose and scope.

(a) The purpose of these rules is to
reduce slamming and other telecommunications fraud by setting
standards for bills for telecommunications service. These rules are also intended to aid customers in understanding their telecommunications
bills, and to provide them with the
tools they need to make informed
choices in the market for telecommunications service.
(b) These rules shall apply to all telecommunications common carriers, except that § 64.2401(a)(2) and 64.2401(c)
shall not apply to providers of Commercial Mobile Radio Service as defined in § 20.9 of this chapter, or to
other providers of mobile service as defined in § 20.7 of this chapter, unless the
Commission determines otherwise in a
further rulemaking.
(c) Preemptive effect of rules. The requirements contained in this subpart
are not intended to preempt the adoption or enforcement of consistent
truth-in-billing requirements by the
states.
[64 FR 34497, June 25, 1999; 64 FR 56177, Oct.
18, 1999; 65 FR 36637, June 9, 2000, as amended
at 65 FR 43258, July 13, 2000; 69 FR 34950, June
23, 2004; 70 FR 29983, May 25, 2005]

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§ 64.2401 Truth-in-Billing
ments.

Require-

(a) Bill organization. Telephone bills
shall be clearly organized, and must
comply with the following requirements:
(1) The name of the service provider
associated with each charge must be
clearly and conspicuously identified on
the telephone bill.

(2) Where charges for two or more
carriers appear on the same telephone
bill, the charges must be separated by
service provider.
(3) The telephone bill must clearly
and conspicuously identify any change
in service provider, including identification of charges from any new service provider. For purpose of this subparagraph ‘‘new service provider’’
means a service provider that did not
bill the subscriber for service during
the service provider’s last billing cycle.
This definition shall include only providers that have continuing relationships with the subscriber that will result in periodic charges on the subscriber’s bill, unless the service is subsequently canceled.
(b) Descriptions of billed charges.
Charges contained on telephone bills
must be accompanied by a brief, clear,
non-misleading, plain language description of the service or services rendered. The description must be sufficiently clear in presentation and specific enough in content so that customers can accurately assess that the
services for which they are billed correspond to those that they have requested and received, and that the
costs assessed for those services conform to their understanding of the
price charged.
(c) ‘‘Deniable’’ and ‘‘Non-Deniable’’
Charges. Where a bill contains charges
for basic local service, in addition to
other charges, the bill must distinguish
between charges for which non-payment will result in disconnection of
basic, local service, and charges for
which non-payment will not result in
such disconnection. The carrier must
explain this distinction to the customer, and must clearly and conspicuously identify on the bill those charges
for which non-payment will not result
in disconnection of basic, local service.
Carriers may also elect to devise other
methods of informing consumers on the
bill that they may contest charges
prior to payment.
(d) Clear and conspicuous disclosure of
inquiry contacts. Telephone bills must
contain clear and conspicuous disclosure of any information that the subscriber may need to make inquiries
about, or contest, charges on the bill.
Common carriers must prominently

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§ 64.3000

display on each bill a toll-free number
or numbers by which subscribers may
inquire or dispute any charges on the
bill. A carrier may list a toll-free number for a billing agent, clearinghouse,
or other third party, provided such
party possesses sufficient information
to answer questions concerning the
subscriber’s account and is fully authorized to resolve the consumer’s
complaints on the carrier’s behalf.
Where the subscriber does not receive a
paper copy of his or her telephone bill,
but instead accesses that bill only by email or internet, the carrier may comply with this requirement by providing
on the bill an e-mail or web site address. Each carrier must make a business address available upon request
from a consumer.
(e) Definition of clear and conspicuous.
For purposes of this section, ‘‘clear and
conspicuous’’ means notice that would
be apparent to the reasonable consumer.

carrier to access and serve commercial
tenants on that premises.
(b) No common carrier shall enter
into or enforce any contract, written
or oral, that would in any way restrict
the right of any residential multiunit
premises owner, or any agent or representative thereof, to permit any
other common carrier to access and
serve residential tenants on that premises.

NOTE TO § 64.2401: The following provisions,
for which compliance would have been required as of April 1, 2000, have been stayed
until such time as the amendments to
§ 64.2401(a), (d), and (e) become effective (following their approval by the Office of Management and Budget and the publication by
the Commission of a document in the FEDERAL REGISTER announcing the effective date
of these amended rules) and will be
superceded by the amended rules: (1) That
portion of § 64.2401(a)(2) that requires that
each carrier’s ‘‘telephone bill must provide
clear and conspicuous notification of any
change in service provider, including notification to the customer that a new provider
has
begun
providing
service,’’
(2)
§ 64.2401(a)(2)(ii), and (3) § 64.2401(d).
[64 FR 34497, June 25, 1999, as amended at 65
FR 43258, July 13, 2000]

Subpart Z—Prohibition on Exclusive
Telecommunications
Contracts

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SOURCE: 66 FR 2334, Jan. 11, 2001, unless
otherwise noted.

§ 64.2500 Prohibited agreements.
(a) No common carrier shall enter
into any contract, written or oral, that
would in any way restrict the right of
any commercial multiunit premises
owner, or any agent or representative
thereof, to permit any other common

[73 FR 28057, May 15, 2008]

§ 64.2501 Scope of limitation.
For the purposes of this subpart, a
multiunit premises is any contiguous
area under common ownership or control that contains two or more distinct
units. A commercial multiunit premises is any multiunit premises that is
predominantly used for non-residential
purposes, including for-profit, nonprofit, and governmental uses. A residential multiunit premises is any multiunit premises that is predominantly
used for residential purposes.
73 FR 28057, May 15, 2008]

§ 64.2502 Effect of state law or regulation.
This subpart shall not preempt any
state law or state regulation that requires a governmental entity to enter
into a contract or understanding with
a common carrier which would restrict
such governmental entity’s right to obtain telecommunications service from
another common carrier.

Subpart AA—Universal Emergency
Telephone Number
SOURCE: 67 FR 1649, Jan. 14, 2002, unless
otherwise noted.
AUTHORITY: 47 U.S.C. 151, 154(i), 154(j), 157,
160, 210, 202, 208, 214, 251(e), 301, 303, 308, 309(j),
and 310.

§ 64.3000 Definitions.
(a) 911 calls. Any call initiated by an
end user by dialing 911 for the purpose
of accessing an emergency service provider. For wireless carriers, all 911 calls
include those they are required to
transmit pursuant to § 20.18 of the Commission’s rules.
(b) Appropriate local emergency authority. An emergency answering point that

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47 CFR Ch. I (10–1–10 Edition)

has not been officially designated as a
Public Safety Answering Point (PSAP),
but has the capability of receiving 911
calls and either dispatching emergency
services personnel or, if necessary, relaying the call to another emergency
service provider. An appropriate local
emergency authority may include, but
is not limited to, an existing local law
enforcement authority, such as the police, county sheriff, local emergency
medical services provider, or fire department.
(c) Public Safety Answering Point
(PSAP). A facility that has been designated to receive 911 calls and route
them to emergency services personnel.
(d) Statewide default answering point.
An emergency answering point designated by the State to receive 911
calls for either the entire State or
those portions of the State not otherwise served by a local PSAP.
§ 64.3001 Obligation to transmit 911
calls.
All
telecommunications
carriers
shall transmit all 911 calls to a PSAP,
to a designated statewide default answering point, or to an appropriate
local emergency authority as set forth
in § 64.3002.

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§ 64.3002 Transition to 911 as the universal emergency telephone number.
As of December 11, 2001, except where
911 is already established as the exclusive emergency number to reach a
PSAP within a given jurisdiction, telecommunications carriers shall comply
with the following transition periods:
(a) Where a PSAP has been designated, telecommunications carriers
shall complete all translation and routing necessary to deliver 911 calls to a
PSAP no later than September 11, 2002.
(b) Where no PSAP has been designated, telecommunications carriers
shall complete all translation and routing necessary to deliver 911 calls to the
statewide default answering point no
later than September 11, 2002.
(c) Where neither a PSAP nor a
statewide default answering point has
been designated, telecommunications
carriers shall complete the translation
and routing necessary to deliver 911
calls to an appropriate local emergency

authority, within nine months of a request by the State or locality.
(d) Where no PSAP nor statewide default answering point has been designated, and no appropriate local emergency authority has been selected by
an authorized state or local entity,
telecommunications
carriers
shall
identify an appropriate local emergency authority, based on the exercise
of reasonable judgment, and complete
all translation and routing necessary
to deliver 911 calls to such appropriate
local emergency authority no later
than September 11, 2002.
(e) Once a PSAP is designated for an
area where none had existed as of December 11, 2001, telecommunications
carriers shall complete the translation
and routing necessary to deliver 911
calls to that PSAP within nine months
of that designation.
§ 64.3003 Obligation for providing a
permissive dialing period.
Upon completion of translation and
routing of 911 calls to a PSAP, a statewide default answering point, to an appropriate local emergency authority,
or, where no PSAP nor statewide default answering point has been designated and no appropriate local emergency authority has been selected by
an authorized state or local entity, to
an appropriate local emergency authority, identified by a telecommunications carrier based on the exercise of
reasonable
judgment,
the
telecommunications carrier shall provide
permissive dialing between 911 and any
other seven-or ten-digit emergency
number or an abbreviated dialing code
other than 911 that the public has previously used to reach emergency service providers until the appropriate
State or local jurisdiction determines
to phase out the use of such seven-or
ten-digit number entirely and use 911
exclusively.
§ 64.3004 Obligation for providing an
intercept message.
Upon termination of permissive dialing, as provided under § 64.3003, telecommunications carriers shall provide
a standard intercept message announcement that interrupts calls
placed to the emergency service provider using either a seven-or ten-digit

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Federal Communications Commission

§ 64.3100

emergency number or an abbreviated
dialing code other than 911 and informs
the caller of the dialing code change.

(3) Provide to a recipient who electronically grants express prior authorization to send commercial electronic
mail messages with a functioning option and clear and conspicuous instructions to reject further messages by the
same electronic means that was used
to obtain authorization;
(4) Ensure that the use of at least one
option provided in paragraphs (b)(2)
and (b)(3) of this section does not result
in additional charges to the subscriber;
(5) Identify themselves in the message in a form that will allow a subscriber to reasonably determine that
the sender is the authorized entity; and
(6) For no less than 30 days after the
transmission of any mobile service
commercial message, remain capable of
receiving messages or communications
made to the electronic mail address,
other Internet-based mechanism or, if
applicable, other electronic means provided by the sender as described in
paragraph (b)(2) and (b)(3) of this section.
(c) Definitions. For the purpose of this
subpart:
(1) Commercial Mobile Radio Service
Provider means any provider that offers
the services defined in 47 CFR Section
20.9.
(2) Commercial electronic mail message
means the term as defined in the CAN–
SPAM Act, 15 U.S.C 7702 and as further
defined under 16 CFR 316.3. The term is
defined as ‘‘an electronic message for
which the primary purpose is commercial advertisement or promotion of a
commercial product or service (including content on an Internet Web site operated for a commercial purpose).’’ The
term ‘‘commercial electronic mail message’’ does not include a transactional
or relationship message.
(3) Domain name means any alphanumeric designation which is registered with or assigned by any domain
name registrar, domain name registry,
or other domain name registration authority as part of an electronic address
on the Internet.
(4) Electronic mail address means a
destination, commonly expressed as a
string of characters, consisting of a
unique user name or mailbox and a reference to an Internet domain, whether

Subpart BB—Restrictions on Unwanted Mobile Service Commercial Messages

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AUTHORITY: 15 U.S.C. 7701–7713, Public Law
108–187, 117 Stat. 2699.

§ 64.3100 Restrictions on mobile service commercial messages.
(a) No person or entity may initiate
any mobile service commercial message, as those terms are defined in
paragraph (c)(7) of this section, unless:
(1) That person or entity has the express prior authorization of the addressee;
(2) That person or entity is forwarding that message to its own address;
(3) That person or entity is forwarding to an address provided that
(i) The original sender has not provided any payment, consideration or
other inducement to that person or entity; and
(ii) That message does not advertise
or promote a product, service, or Internet website of the person or entity forwarding the message; or
(4) The address to which that message is sent or directed does not include a reference to a domain name
that has been posted on the FCC’s wireless domain names list for a period of
at least 30 days before that message
was initiated, provided that the person
or entity does not knowingly initiate a
mobile service commercial message.
(b) Any person or entity initiating
any mobile service commercial message must:
(1) Cease sending further messages
within ten (10) days after receiving
such a request by a subscriber;
(2) Include a functioning return electronic mail address or other Internetbased mechanism that is clearly and
conspicuously displayed for the purpose of receiving requests to cease the
initiating of mobile service commercial messages and/or commercial electronic mail messages, and that does
not require the subscriber to view or
hear further commercial content other
than institutional identification;

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§ 64.3100

47 CFR Ch. I (10–1–10 Edition)

or not displayed, to which an electronic mail message can be sent or delivered.
(5) Electronic mail message means a
message sent to a unique electronic
mail address.
(6) Initiate, with respect to a commercial electronic mail message, means to
originate or transmit such messages or
to procure the origination or transmission of such message, but shall not
include actions that constitute routine
conveyance of such message. For purposes of this paragraph, more than one
person may be considered to have initiated a message. ‘‘Routine conveyance’’
means the transmission, routing, relaying, handling, or storing, through
an automatic technical process, or an
electronic mail message for which another person has identified the recipients or provided the recipient addresses.
(7) Mobile Service Commercial Message
means a commercial electronic mail
message that is transmitted directly to
a wireless device that is utilized by a
subscriber of a commercial mobile
service (as such term is defined in section 332(d) of the Communications Act
of 1934 (47 U.S.C. 332(d)) in connection
with such service. A commercial message is presumed to be a mobile service
commercial message if it is sent or directed to any address containing a reference, whether or not displayed, to an
Internet domain listed on the FCC’s
wireless domain names list. The FCC’s
wireless domain names list will be
available on the FCC’s website and at
the Commission headquarters, 445 12th
St., SW., Washington, DC 20554.
(8) Transactional or relationship message means the following and is further
defined under 16 CFR 316.3 as any electronic mail message the primary purpose of which is:
(i) To facilitate, complete, or confirm
a commercial transaction that the recipient has previously agreed to enter
into with the sender;
(ii) To provide warranty information,
product recall information, or safety or
security information with respect to a
commercial product or service used or
purchased by the recipient;
(iii) To provide:
(A) Notification concerning a change
in the terms or features of;

(B) Notification of a change in the recipient’s standing or status with respect to; or
(C) At regular periodic intervals, account balance information or other
type of account statement with respect
to a subscription, membership, account, loan, or comparable ongoing
commercial relationship involving the
ongoing purchase or use by the recipient of products or services offered by
the sender;
(D) To provide information directly
related to an employment relationship
or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
(E) To deliver goods or services, including product updates or upgrades,
that the recipient is entitled to receive
under the terms of a transaction that
the recipient has previously agreed to
enter into with the sender.
(d) Express Prior Authorization may be
obtained by oral or written means, including electronic methods.
(1) Written authorization must contain the subscriber’s signature, including an electronic signature as defined
by 15 U.S.C. 7001 (E-Sign Act).
(2) All authorizations must include
the electronic mail address to which
mobile service commercial messages
can be sent or directed. If the authorization is made through a website, the
website must allow the subscriber to
input the specific electronic mail address to which commercial messages
may be sent.
(3) Express Prior Authorization must
be obtained by the party initiating the
mobile service commercial message. In
the absence of a specific request by the
subscriber to the contrary, express
prior authorization shall apply only to
the particular person or entity seeking
the authorization and not to any affiliated entities unless the subscriber expressly agrees to their being included
in the express prior authorization.
(4) Express Prior Authorization may
be revoked by a request from the subscriber, as noted in paragraph (b)(2)
and (b)(3) of this section.
(5) All requests for express prior authorization must include the following
disclosures:
(i) That the subscriber is agreeing to
receive mobile service commercial

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Federal Communications Commission

§ 64.4001

messages sent to his/her wireless device
from a particular sender. The disclosure must state clearly the identity of
the business, individual, or other entity that will be sending the messages;
(ii) That the subscriber may be
charged by his/her wireless service provider in connection with receipt of
such messages; and
(iii) That the subscriber may revoke
his/her authorization to receive MSCMs
at any time.
(6) All notices containing the required disclosures must be clearly legible, use sufficiently large type or, if
audio, be of sufficiently loud volume,
and be placed so as to be readily apparent to a wireless subscriber. Any such
disclosures must be presented separately from any other authorizations
in the document or oral presentation.
If any portion of the notice is translated into another language, then all
portions of the notice must be translated into the same language.
(e) All CMRS providers must identify
all electronic mail domain names used
to offer subscribers messaging specifically for wireless devices in connection
with commercial mobile service in the
manner and time-frame described in a
public notice to be issued by the Consumer & Governmental Affairs Bureau.
(f) Each CMRS provider is responsible for the continuing accuracy and
completeness of information furnished
for the FCC’s wireless domain names
list. CMRS providers must:
(1) File any future updates to listings
with the Commission not less than 30
days before issuing subscribers any new
or modified domain name;
(2) Remove any domain name that
has not been issued to subscribers or is
no longer in use within 6 months of
placing it on the list or last date of
use; and
(3) Certify that any domain name
placed on the FCC’s wireless domain
names list is used for mobile service
messaging.

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[69 FR 55779, Sept. 16, 2004, as amended at 70
FR 34666, June 15, 2005]

Subpart CC—Customer Account
Record Exchange Requirements
AUTHORITY: 47 U.S.C. 154, 201, 202, 222, 258
unless otherwise noted.
SOURCE: 70 FR 32263, June 2, 2005, unless
otherwise noted.

§ 64.4000

Basis and purpose.

(a) Basis. The rules in this subpart
are issued pursuant to the Communications Act of 1934, as amended.
(b) Purpose. The purpose of these
rules is to facilitate the timely and accurate establishment, termination, and
billing of customer telephone service
accounts.
§ 64.4001

Definitions.

Terms in this subpart have the following meanings:
(a) Automatic number identification
(ANI). The term automatic number
identification refers to the delivery of
the calling party’s billing telephone
number by a local exchange carrier to
any interconnecting carrier for billing
or routing purposes.
(b) Billing name and address (BNA).
The term billing name and address
means the name and address provided
to a [LEC] by each of its local exchange
customers to which the [LEC] directs
bills for its services.
(c) Customer. The term customer
means the end user to whom a local exchange carrier or interexchange carrier
is providing local exchange or telephone toll service.
(d) Interexchange carrier (IXC). The
term interexchange carrier means a
telephone company that provides telephone toll service. An interexchange
carrier does not include commercial
mobile radio service providers as defined by federal law.
(e) Local exchange carrier (LEC). The
term local exchange carrier means any
person that is engaged in the provision
of telephone exchange service or exchange access. Such term does not include a person insofar as such person is
engaged in the provision of a commercial mobile service under § 332(c), except to the extent that the Commission
finds that such service should be included in the definition of that term.

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47 CFR Ch. I (10–1–10 Edition)

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(f) Preferred interexchange carrier
(PIC). The term preferred interexchange carrier means the carrier to
which a customer chooses to be
presubscribed for purposes of receiving
intraLATA and/or interLATA and/or
international toll services.
§ 64.4002 Notification obligations of
LECs.
To the extent that the information is
reasonably available to a LEC, the LEC
shall provide to an IXC the customer
account information described in this
section consistent with § 64.4004. Nothing in this section shall prevent a LEC
from providing additional customer account information to an IXC to the extent that such additional information
is necessary for billing purposes or to
properly execute a customer’s PIC
order.
(a) Customer-submitted PIC order. Upon
receiving and processing a PIC selection submitted by a customer and placing the customer on the network of the
customer’s preferred interexchange
carrier at the LEC’s local switch, the
LEC must notify the IXC of this event.
The notification provided by the LEC
to the IXC must contain all of the customer account information necessary
to allow for proper billing of the customer by the IXC including but not
limited to:
(1) The customer’s billing telephone
number, working telephone number,
and billing name and address;
(2) The effective date of the PIC
change;
(3) A statement describing the customer type (i.e., business or residential);
(4) A statement indicating, to the extent appropriate, that the customer’s
telephone service listing is not printed
in a directory and is not available from
directory assistance or is not printed
in a directory but is available from directory assistance;
(5) The jurisdictional scope of the
PIC installation (i.e., intraLATA and/
or interLATA and/or international);
(6) The carrier identification code of
the IXC; and
(7) If relevant, a statement indicating
that the customer’s account is subject
to a PIC freeze. The notification also
must contain information, if relevant

and to the extent that it is available,
reflecting the fact that a customer’s
PIC selection was the result of:
(i) A move (an end user customer has
moved from one location to another
within a LEC’s service territory);
(ii) A change in responsible billing
party; or
(iii) The resolution of a PIC dispute.
(b) Confirmation of IXC-submitted PIC
order. When a LEC has placed a customer on an IXC’s network at the local
switch in response to an IXC-submitted
PIC order, the LEC must send a confirmation to the submitting IXC. The
confirmation provided by the LEC to
the IXC must include:
(1) The customer’s billing telephone
number, working telephone number,
and billing name and address;
(2) The effective date of the PIC
change;
(3) A statement describing the customer type (i.e., business or residential);
(4) A statement indicating, to the extent appropriate, if the customer’s
telephone service listing is not printed
in a directory and is not available from
directory assistance, or is not printed
in a directory but is available from directory assistance;
(5) The jurisdictional scope of the
PIC installation (i.e., intraLATA and/
or interLATA and/or international);
and
(6) The carrier identification code of
the IXC. If the PIC order at issue originally was submitted by an underlying
IXC on behalf of a toll reseller, the confirmation provided by the LEC to the
IXC must indicate, to the extent that
this information is known, a statement
indicating that the customer’s PIC is a
toll reseller.
(c) Rejection of IXC-submitted PIC
order. When a LEC rejects or otherwise
does not act upon a PIC order submitted to it by an IXC, the LEC must
notify the IXC and provide the reason(s) why the PIC order could not be
processed. The notification provided by
the LEC to the IXC must state that it
has rejected the IXC-submitted PIC
order and specify the reason(s) for the
rejection (e.g., due to a lack of information, incorrect information, or a
PIC freeze on the customer’s account).
The notification must contain the

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Federal Communications Commission

§ 64.4002

identical data elements that were provided to the LEC in the original IXCsubmitted PIC order (i.e., mirror image
of the original order), unless otherwise
specified by this paragraph. If a LEC
rejects an IXC-submitted PIC order for
a multi-line account (i.e., the customer
has selected the IXC as his PIC for two
or more lines or terminals associated
with his billing telephone number), the
notification provided by the LEC rejecting that order must explain the effect of the rejection with respect to
each line (working telephone number
or terminal) associated with the customer’s billing telephone number. A
LEC is not required to generate a linespecific or terminal-specific response,
however, and may communicate the rejection at the billing telephone level,
when the LEC is unable to process an
entire order, including all working
telephone numbers and terminals associated with a particular billing telephone number. In addition, the notification must indicate the jurisdictional
scope of the PIC order rejection (i.e.,
intraLATA and/or interLATA and/or
international). If a LEC rejects a PIC
order because:
(1) The customer’s telephone number
has been ported to another LEC; or
(2) The customer has otherwise
changed local service providers, the
LEC must include in its notification,
to the extent that it is available, the
identity of the customer’s new LEC.
(d) Customer contacts LEC or new IXC
to change PIC(s) or customer contacts
LEC or current IXC to change PIC to NoPIC. When a LEC has removed at its
local switch a presubscribed customer
from an IXC’s network in response to a
customer order, upon receipt of a properly verified PIC order submitted by
another IXC, or in response to a notification from the customer’s current IXC
relating to the customer’s request to
change his or her PIC to No-PIC, the
LEC must notify the customer’s former
IXC of this event. The LEC must provide to the IXC the customer account
information that is necessary to allow
for proper final billing of the customer
by the IXC including but not limited
to:
(1) The customer’s billing telephone
number, working telephone number,
and billing name and address;

(2) The effective date of the PIC
change;
(3) A description of the customer
type (i.e., business or residential);
(4) The jurisdictional scope of the
lines or terminals affected (i.e.,
intraLATA and/or interLATA and/or
international); and
(5) The carrier identification code of
the IXC. If a customer changes PICs
but retains the same LEC, the LEC is
responsible for notifying both the old
PIC and new PIC of the PIC change.
The notification also must contain information, if relevant and to the extent
that it is available, reflecting the fact
that a customer’s PIC removal was the
result of:
(i) The customer moving from one location to another within the LEC’s
service territory, but where there is no
change in local service provider;
(ii) A change of responsible party on
an account; or
(iii) A disputed PIC selection.
(e) Particular changes to customer’s
local service account. When, according
to a LEC’s records, certain account or
line information changes occur on a
presubscribed customer’s account, the
LEC must communicate this information to the customer’s PIC. For purposes of this paragraph, the LEC must
provide to the appropriate IXC account
change information that is necessary
for the IXC to issue timely and accurate bills to its customers including
but not limited to:
(1) The customer’s billing telephone
number, working telephone number,
and billing name and address;
(2) The customer code assigned to
that customer by the LEC;
(3) The type of customer account
(i.e., business or residential);
(4) The status of the customer’s telephone service listing, to the extent appropriate, as not printed in a directory
and not available from directory assistance, or not printed in a directory but
available from directory assistance;
and
(5) The jurisdictional scope of the
PIC installation (i.e., intraLATA and/
or interLATA and/or international);
(6) The effective date of any change
to a customer’s local service account;
and

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§ 64.4002

47 CFR Ch. I (10–1–10 Edition)

(7) The carrier identification code of
the IXC. If there are changes to the
customer’s billing or working telephone number, customer code, or customer type, the LEC must supply both
the old and new information for each of
these categories.
(f) Local service disconnection. Upon
receipt of an end user customer’s request to terminate his entire local
service account or disconnect one or
more lines (but not all lines) of a
multi-line account, the LEC must notify the PIC(s) for the billing telephone
number or working telephone number
on the account of the account termination or lines disconnected. In conjunction with this notification requirement, the LEC must provide to a customer’s PIC(s) all account termination
or
single/multi-line
disconnection
change information necessary for the
PIC(s) to maintain accurate billing and
PIC records, including but not limited
to:
(1) The effective date of the termination/disconnection; and
(2) The customer’s working and billing telephone numbers and billing
name and address;
(3) The type of customer account
(i.e., business or residential);
(4) The jurisdictional scope of the
PIC installation (i.e., intraLATA and/
or interLATA and/or international);
and
(5) The carrier identification code of
the IXC.
(g) Change of local service provider.
When a customer changes LECs, the
customer’s former LEC must notify the
customer’s PIC(s) of the customer’s
change in LEC and, if known, the identity of the customer’s new LEC. If the
customer also makes a PIC change, the
customer’s former LEC must also notify the customer’s former PIC(s) of the
change. When a customer only changes
LECs, the new LEC must notify the
customer’s current PIC(s) that the customer’s PIC selection has not changed.
If the customer also makes a PIC
change, the new LEC must notify the
customer’s new PIC of the customer’s
PIC selection. If the customer’s former
LEC is unable to identify the customer’s new LEC, the former LEC must
notify the customer’s PIC(s) of a local

service disconnection as described in
paragraph (f).
(1) The required notifications also
must contain information, if relevant
and to the extent that it is available,
reflecting the fact that an account
change was the result of:
(i) The customer porting his number
to a new LEC;
(ii) A local resale arrangement (customer has transferred to local reseller);
or
(iii) The discontinuation of a local
resale arrangement;
(2) The notification provided by the
LEC to the IXC must include:
(i) The customer’s billing telephone
number, working telephone number,
and, billing name and address;
(ii) The effective date of the change
of local service providers or PIC
change;
(iii) A description of the customer
type (i.e., business or residential);
(iv) The jurisdictional scope of the
lines or terminals affected (i.e.,
intraLATA and/or interLATA and/or
international); and
(v) The carrier identification code of
the IXC.
(h) IXC requests for customer BNA information. Upon the request of an IXC,
a LEC must provide the billing name
and address information necessary to
facilitate a customer’s receipt of a
timely, accurate bill for services rendered and/or to prevent fraud, regardless of the type of service the end user
receives/has received from the requesting carrier (i.e., presubscribed, dialaround, casual). In response to an IXC’s
BNA request for ANI, a LEC must provide the BNA for the submitted ANI
along with:
(1) The working telephone number for
the ANI;
(2) The date of the BNA response;
(3) The carrier identification code of
the submitting IXC; and
(4) A statement indicating, to the extent appropriate, if the customer’s
telephone service listing is not printed
in a directory and is not available from
directory assistance, or is not printed
in a directory but is available from directory assistance. A LEC that is unable to provide the BNA requested
must provide the submitting carrier

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Federal Communications Commission

§ 64.4005

with the identical information contained in the original BNA request
(i.e., the mirror image of the original
request), along with the specific reason(s) why the requested information
could not be provided. If the BNA is
not available because the customer has
changed local service providers or
ported his telephone number, the LEC
must include the identity of the new
provider when this information is
available.

have no PIC and, if that is the case, the
IXC must notify the customer’s LEC.
The IXC also is encouraged to instruct
the customer to notify his LEC. An
IXC may satisfy this requirement by
establishing a three-way call with the
customer and the customer’s LEC to
confirm that it is the customer’s desire
to have no PIC and, where appropriate,
to provide the customer the opportunity to withdraw any PIC freeze that
may be in place. The notification provided by the IXC to the LEC must contain the customer account information
necessary to properly execute the cancellation Order including but not limited to:
(1) The customer’s billing telephone
number or working telephone number
associated with the lines or terminals
that are affected;
(2) The date of the IXC-submitted
PIC removal Order;
(3) The jurisdictional scope of the
PIC removal Order (i.e., intraLATA
and/or
interLATA
and/or
international); and
(4) The carrier identification code of
the submitting IXC.

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[71 FR 74821, Dec. 13, 2006]

§ 64.4003 Notification obligations of
IXCs.
To the extent that the information is
reasonably available to an IXC, the
IXC shall provide to a LEC the customer account information described
in this section consistent with § 64.4004.
Nothing in this section shall prevent
an IXC from providing additional customer account information to a LEC to
the extent that such additional information is necessary for billing purposes or to properly execute a customer’s PIC Order.
(a) IXC-submitted PIC Order. When a
customer contacts an IXC to establish
interexchange
service
on
a
presubscribed basis, the IXC selected
must submit the customer’s properly
verified PIC Order (see 47 CFR
64.1120(a)) to the customer’s LEC, instructing the LEC to install or change
the PIC for the customer’s line(s) to
that IXC. The notification provided by
the IXC to the LEC must contain all of
the information necessary to properly
execute the Order including but not
limited to:
(1) The customer’s billing telephone
number or working telephone number
associated with the lines or terminals
that are to be presubscribed to the IXC;
(2) The date of the IXC-submitted
PIC Order;
(3) The jurisdictional scope of the
PIC Order (i.e, intraLATA and/or
interLATA and/or international); and
(4) The carrier identification code of
the submitting IXC.
(b) Customer contacts IXC to cancel
PIC and to select no-PIC status. When an
end user customer contacts an IXC to
discontinue interexchange service on a
presubscribed basis, the IXC must confirm that it is the customer’s desire to

[70 FR 32263, June 2, 2005; 70 FR 54301, Sept.
14, 2005]
EFFECTIVE DATE NOTES: 1. At 70 FR 32263,
June 2, 2005, § 64.4003, was added. This text
contains information collection and recordkeeping requirements and will not become
effective until approval has been given by
the Office of Management and Budget.
2. At 70 FR 54301, Sept. 14, 2005, in § 64.4003,
the introductory text, (a) introductory text,
(a)(2), (a)(3), (b) introductory text, (b)(2) and
(b)(3) were corrected. This text contains information collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of
Management and Budget.

§ 64.4004 Timeliness of required notifications.
Carriers subject to the requirements
of this section shall provide the required notifications promptly and
without unreasonable delay.
§ 64.4005 Unreasonable terms or conditions on the provision of customer
account information.
To the extent that a carrier incurs
costs associated with providing the notifications required by this section, the

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§ 64.4006

47 CFR Ch. I (10–1–10 Edition)

carrier may recover such costs, consistent with federal and state laws,
through the filing of tariffs, via negotiated agreements, or by other appropriate mechanisms. Any cost recovery
method must be reasonable and must
recover only costs that are associated
with providing the particular information. The imposition of unreasonable
terms or conditions on the provision of
information required by this section
may be considered an unreasonable
carrier practice under section 201(b) of
the Communications Act of 1934, as
amended, and may subject the carrier
to appropriate enforcement action.
§ 64.4006 Limitations on use of customer account information.
A carrier that receives customer account information under this section
shall use such information to ensure
timely and accurate billing of a customer’s account and to ensure timely
and accurate execution of a customer’s
preferred interexchange carrier instructions. Such information shall not
be used for marketing purposes without the express consent of the customer.

Subpart DD—Prepaid Calling Card
Providers
SOURCE: 71 FR 43673, Aug. 2, 2006, unless
otherwise noted.

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§ 64.5000 Definitions.
(a) Prepaid calling card. The term
‘‘prepaid calling card’’ means a card or
similar device that allows users to pay
in advance for a specified amount of
calling, without regard to additional
features, functions, or capabilities
available in conjunction with the calling service.
(b) Prepaid calling card provider. The
term ‘‘prepaid calling card provider’’
means any entity that provides telecommunications service to consumers
through the use of a prepaid calling
card.
§ 64.5001 Reporting and certification
requirements.
(a) All prepaid calling card providers
must report prepaid calling card percentage of interstate use (PIU) factors,
and call volumes from which these fac-

tors were calculated, based on not less
than a one-day representative sample,
to those carriers from which they purchase transport services. Such reports
must be provided no later than the 45th
day of each calendar quarter for the
previous quarter.
(b) If a prepaid calling card provider
fails to provide the appropriate PIU information to a transport provider in
the time allowed, the transport provider may apply a 50 percent default
PIU factor to the prepaid calling card
provider’s traffic.
(c) On a quarterly basis, every prepaid calling card provider must submit
to the Commission a certification,
signed by an officer of the company
under penalty of perjury, providing the
following information with respect to
the prior quarter:
(1) The percentage of intrastate,
interstate, and international calling
card minutes for that reporting period;
(2) The percentage of total prepaid
calling card service revenue (excluding
revenue from prepaid calling cards sold
by, to, or pursuant to contract with the
Department of Defense (DoD) or a DoD
entity) attributable to interstate and
international calls for that reporting
period;
(3) A statement that it is making the
required Universal Service Fund contribution based on the reported information; and
(4) A statement that it has complied
with the reporting requirements described in paragraph (a) of this section.
EFFECTIVE DATE NOTE: At 71 FR 43673, Aug.
2, 2006, part 64 was amended by adding subpart DD, effective Oct. 31, 2006. Section
64.5001(a), (b) and (c) contains information
collection and recordkeeping requirements
and will not become effective until approval
has been given by the Office of Management
and Budget.

APPENDIX A TO PART 64—TELECOMMUNICATIONS SERVICE PRIORITY (TSP)
SYSTEM FOR NATIONAL SECURITY
EMERGENCY PREPAREDNESS (NSEP)
1. Purpose and Authority
a. This appendix establishes policies and
procedures and assigns responsibilities for
the National Security Emergency Preparedness (NSEP) Telecommunications Service
Priority (TSP) System. The NSEP TSP System authorizes priority treatment to certain

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domestic telecommunications services (including portions of U.S. international telecommunication services provided by U.S.
service vendors) for which provisioning or
restoration priority (RP) levels are requested, assigned, and approved in accordance with this appendix.
b. This appendix is issued pursuant to sections 1, 4(i), 201 through 205 and 303(r) of the
Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), 201 through 205 and 303(r).
These sections grant to the Federal Communications Commission (FCC) the authority
over the assignment and approval of priorities for provisioning and restoration of common carrier-provided telecommunications
services. Under section 706 of the Communications Act, this authority may be superseded, and expanded to include non-common
carrier telecommunication services, by the
war emergency powers of the President of
the United States. This appendix provides
the Commission’s Order to telecommunication service vendors and users to comply
with policies and procedures establishing the
NSEP TSP System, until such policies and
procedures are superseded by the President’s
war emergency powers. This appendix is intended to be read in conjunction with regulations and procedures that the Executive Office of the President issues (1) to implement
responsibilities assigned in section 6(b) of
this appendix, or (2) for use in the event this
appendix is superseded by the President’s
war emergency powers.
c. Together, this appendix and the regulations and procedures issued by the Executive
Office of the President establish one uniform
system of priorities for provisioning and restoration of NSEP telecommunication services both before and after invocation of the
President’s war emergency powers. In order
that government and industry resources may
be used effectively under all conditions, a
single set of rules, regulations, and procedures is necessary, and they must be applied
on a day-to-day basis to all NSEP services so
that the priorities they establish can be implemented at once when the need arises.
* In sections 2(a)(2) and 2(b)(2) of Executive
Order No. 12472, ‘‘Assignment of National Security and Emergency Preparedness Telecommunications Functions’’ April 3, 1984 (49
FR 13471 (1984)), the President assigned to
the Director, Office of Science and Technology Policy, certain NSEP telecommunication resource management responsibilities. The term ‘‘Executive Office of the
President’’ as used in this appendix refers to
the official or organization designated by the
President to act on his behalf.

(1) For which initial or revised priority
level assignments are requested pursuant to
section 8 of this appendix.
(2) Which were assigned restoration priorities under the provision of FCC Order 80–581;
81 FCC 2d 441 (1980); 47 CFR part 64, appendix
A, ‘‘Priority System for the Restoration of
Common Carrier Provided Intercity Private
Line Services’’; and are being resubmitted
for priority level assignments pursuant to
section 10 of this appendix. (Such services
will retain assigned restoration priorities
until a resubmission for a TSP assignment is
completed or until the existing RP rules are
terminated.)
b. FCC Order 80–581 will continue to apply
to all other intercity, private line circuits
assigned restoration priorities thereunder
until the fully operating capability date of
this appendix, 30 months after the initial operating capability date referred to in subsection d of this section.
c. In addition, FCC Order, ‘‘Precedence
System for Public Correspondence Services
Provided by the Communications Common
Carriers’’ (34 FR 17292 (1969)); (47 CFR part 64,
appendix B), is revoked as of the effective
date of this appendix.
d. The initial operating capability (IOC)
date for NSEP TSP will be nine months after
release in the FEDERAL REGISTER of the
FCC’s order following review of procedures
submitted by the Executive Office of the
President. On this IOC date requests for priority assignments generally will be accepted
only by the Executive Office of the President.

2. Applicability and Revocation
a. This appendix applies to NSEP telecommunications services:

3. Definitions
As used in this part:
a. Assignment means the designation of priority level(s) for a defined NSEP telecommunications service for a specified time
period.
b. Audit means a quality assurance review
in response to identified problems.
c. Government refers to the Federal government or any foreign, state, county, municipal or other local government agency or organization. Specific qualifications will be
supplied whenever reference to a particular
level of government is intended (e.g., ‘‘Federal government’’, ‘‘state government’’).
‘‘Foreign government’’ means any sovereign
empire, kingdom, state, or independent political community, including foreign diplomatic and consular establishments and coalitions or associations of governments (e.g.,
North Atlantic Treaty Organization (NATO),
Southeast
Asian
Treaty
Organization
(SEATO), Organization of American States
(OAS), and government agencies or organization (e.g., Pan American Union, International Postal Union, and International
Monetary Fund)).
d. National Communications System (NCS) refers to that organization established by the

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President in Executive Order No. 12472, ‘‘Assignment of National Security and Emergency Preparedness Telecommunications
Functions,’’ April 3, 1984, 49 FR 13471 (1984).
e. National Coordinating Center (NCC) refers
to the joint telecommunications industryFederal government operation established by
the National Communications System to assist in the initiation, coordination, restoration, and reconstitution of NSEP telecommunication services or facilities.
f. National Security Emergency Preparedness
(NSEP) telecommunications services, or
‘‘NSEP services,’’ means telecommunication
services which are used to maintain a state
of readiness or to respond to and manage any
event or crisis (local, national, or international), which causes or could cause injury
or harm to the population, damage to or loss
of property, or degrades or threatens the
NSEP posture of the United States. These
services fall into two specific categories,
Emergency NSEP and Essential NSEP, and
are assigned priority levels pursuant to section 9 of this appendix.
g. NSEP treatment refers to the provisioning
of a telecommunication service before others
based on the provisioning priority level assigned by the Executive Office of the President.
h. Priority action means assignment, revision, revocation, or revalidation by the Executive Office of the President of a priority
level associated with an NSEP telecommunications service.
i. Priority level means the level that may be
assigned to an NSEP telecommunications
service specifying the order in which provisioning or restoration of the service is to
occur relative to other NSEP and/or nonNSEP telecommunication services. Priority
levels authorized by this appendix are designated (highest to lowest) ‘‘E,’’ ‘‘1,’’ ‘‘2,’’
‘‘3,’’ ‘‘4,’’ and ‘‘5,’’ for provisioning and ‘‘1,’’
‘‘2,’’ ‘‘3,’’ ‘‘4,’’ and ‘‘5,’’ for restoration.
j. Priority level assignment means the priority level(s) designated for the provisioning
and/or restoration of a particular NSEP telecommunications service under section 9 of
this appendix.
k. Private NSEP telecommunications services
include non-common carrier telecommunications services including private line, virtual private line, and private switched network services.
l. Provisioning means the act of supplying
telecommunications service to a user, including all associated transmission, wiring
and equipment. As used herein, ‘‘provisioning’’ and ‘‘initiation’’ are synonymous
and include altering the state of an existing
priority service or capability.
m. Public switched NSEP telecommunications
services include those NSEP telecommunications services utilizing public switched
networks. Such services may include both
interexchange and intraexchange network

facilities (e.g., switching systems, interoffice
trunks and subscriber loops).
n. Reconciliation means the comparison of
NSEP service information and the resolution
of identified discrepancies.
o. Restoration means the repair or returning to service of one or more telecommunication services that have experienced a service outage or are unusable for any reason, including a damaged or impaired telecommunications facility. Such repair or returning to
service may be done by patching, rerouting,
substitution of component parts or pathways, and other means, as determined necessary by a service vendor.
p. Revalidation means the rejustification by
a service user of a priority level assignment.
This may result in extension by the Executive Office of the President of the expiration
date associated with the priority level assignment.
q. Revision means the change of priority
level assignment for an NSEP telecommunications service. This includes any extension
of an existing priority level assignment to an
expanded NSEP service.
r. Revocation means the elimination of a
priority level assignment when it is no
longer valid. All priority level assignments
for an NSEP service are revoked upon service termination.
s. Service identification refers to the information uniquely identifying an NSEP telecommunications service to the service vendor and/or service user.
t. Service user refers to any individual or
organization (including a service vendor)
supported by a telecommunications service
for which a priority level has been requested
or assigned pursuant to section 8 or 9 of this
appendix.
u. Service vendor refers to any person, association, partnership, corporation, organization, or other entity (including common carriers and government organizations) that offers to supply any telecommunications
equipment, facilities, or services (including
customer premises equipment and wiring) or
combination thereof. The term includes resale carriers, prime contractors, subcontractors, and interconnecting carriers.
v. Spare circuits or services refers to those
not being used or contracted for by any customer.
w. Telecommunication services means the
transmission, emission, or reception of signals, signs, writing, images, sounds, or intelligence of any nature, by wire, cable, satellite, fiber optics, laser, radio, visual or
other electronic, electric, electromagnetic,
or acoustically coupled means, or any combination thereof. The term can include necessary telecommunication facilities.
x. Telecommunications Service Priority (TSP)
system user refers to any individual, organization, or activity that interacts with the
NSEP TSP System.

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4. Scope
a. Domestic NSEP services. The NSEP TSP
System and procedures established by this
appendix authorize priority treatment to the
following domestic telecommunication services (including portions of U.S. international
telecommunication services provided by U.S.
vendors) for which provisioning or restoration priority levels are requested, assigned,
and approved in accordance with this appendix:
(1) Common carrier services which are:
(a) Interstate or foreign telecommunications services,
(b) Intrastate telecommunication services
inseparable from interstate or foreign telecommunications services, and intrastate
telecommunication services to which priority levels are assigned pursuant to section
9 of this appendix.

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NOTE: Initially, the NSEP TSP System’s
applicability to public switched services is
limited to (a) provisioning of such services
(e.g., business, centrex, cellular, foreign exchange, Wide Area Telephone Service
(WATS) and other services that the selected
vendor is able to provision) and (b) restoration of services that the selected vendor is
able to restore.
(2) Services which are provided by government and/or non-common carriers and are
interconnected to common carrier services
assigned a priority level pursuant to section
9 of this appendix.
b. Control services and orderwires. The NSEP
TSP System and procedures established by
this appendix are not applicable to authorize
priority treatment to control services or
orderwires owned by a service vendor and
needed for provisioning, restoration, or
maintenance of other services owned by that
service vendor. Such control services and
orderwires shall have priority provisioning
and restoration over all other telecommunication services (including NSEP services)
and shall be exempt from preemption. However, the NSEP TSP System and procedures
established by this appendix are applicable
to control services or orderwires leased by a
service vendor.
c. Other services. The NSEP TSP System
may apply, at the discretion of and upon special arrangements by the NSEP TSP System
users involved, to authorize priority treatment to the following telecommunication
services:
(1) Government or non-common carrier
services which are not connected to common
carrier provided services assigned a priority
level pursuant to section 9 of this appendix.
(2) Portions of U.S. international services
which are provided by foreign correspondents. (U.S. telecommunication service vendors are encouraged to ensure that relevant
operating arrangements are consistent to

the maximum extent practicable with the
NSEP TSP System. If such arrangements do
not exist, U.S. telecommunication service
vendors should handle service provisioning
and/or restoration in accordance with any
system acceptable to their foreign correspondents which comes closest to meeting
the procedures established in this appendix.)
5. Policy
The NSEP TSP System is the regulatory,
administrative, and operational system authorizing and providing for priority treatment, i.e., provisioning and restoration, of
NSEP telecommunication services. As such,
it establishes the framework for telecommunication service vendors to provision,
restore, or otherwise act on a priority basis
to ensure effective NSEP telecommunication
services. The NSEP TSP System allows the
assignment of priority levels to any NSEP
service across three time periods, or stress
conditions: Peacetime/Crisis/Mobilizations,
Attack/War, and Post-Attack/Recovery. Although priority levels normally will be assigned by the Executive Office of the President and retained by service vendors only for
the current time period, they may be preassigned for the other two time periods at
the request of service users who are able to
identify and justify in advance, their wartime or post-attack NSEP telecommunication requirements. Absent such preassigned priority levels for the Attack/War
and Post-Attack/Recovery periods, priority
level assignments for the Peacetime/Crisis/
Mobilization period will remain in effect. At
all times, priority level assignments will be
subject to revision by the FCC or (on an interim basis) the Executive Office of the
President, based upon changing NSEP needs.
No other system of telecommunication service priorities which conflicts with the NSEP
TSP System is authorized.
6. Responsibilities
a. The FCC will:
(1) Provide regulatory oversight of implementation of the NSEP TSP System.
(2) Enforce NSEP TSP System rules and
regulations, which are contained in this appendix.
(3) Act as final authority for approval, revision, or disapproval of priority actions by
the Executive Office of the President and adjudicate disputes regarding either priority
actions or denials of requests for priority actions by the Executive Office of the President, until superseded by the President’s war
emergency powers under section 706 of the
Communications Act.
(4) Function (on a discretionary basis) as a
sponsoring Federal organization. (See section 6(c) below.)
b. The Executive Office of the President
will:

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(1) During exercise of the President’s war
emergency powers under section 706 of the
Communications Act, act as the final approval authority for priority actions or denials of requests for priority actions, adjudicating any disputes.
(2) Until the exercise of the President’s war
emergency powers, administer the NSEP
TSP System which includes:
(a) Receiving, processing, and evaluating
requests for priority actions from service
users, or sponsoring Federal government organizations on behalf of service users (e.g.,
Department of State or Defense on behalf of
foreign governments, Federal Emergency
Management Agency on behalf of state and
local governments, and any Federal organization on behalf of private industry entities).
Action on such requests will be completed
within 30 days of receipt.
(b) Assigning, revising, revalidating, or revoking priority levels as necessary or upon
request of service users concerned, and denying requests for priority actions as necessary, using the categories and criteria
specified in section 12 of this appendix. Action on such requests will be completed within 30 days of receipt.
(c) Maintaining data on priority level assignments.
(d) Periodically forwarding to the FCC
lists of priority actions by the Executive Office of the President for review and approval.
(e) Periodically initiating reconciliation.
(f) Testing and evaluating the NSEP TSP
System for effectiveness.
(g) Conducting audits as necessary. Any
Telecommunications Service Priority (TSP)
System user may request the Executive Office of the President to conduct an audit.
(h) Issuing, subject to review by the FCC,
regulations and procedures supplemental to
and consistent with this appendix regarding
operation and use of the NSEP TSP System.
(i) Serving as a centralized point-of-contact for collecting and disseminating to all
interested parties (consistent with requirements for treatment of classified and proprietary material) information concerning use
and abuse of the NSEP TSP System.
(j) Establishing and assisting a TSP System Oversight Committee to identify and review any problems developing in the system
and recommend actions to correct them or
prevent recurrence. In addition to representatives of the Executive Office of the President, representatives from private industry
(including telecommunication service vendors), state and local governments, the FCC,
and other organizations may be appointed to
that Committee.
(k) Reporting at least quarterly to the FCC
and TSP System Oversight Committee, together with any recommendations for action,
the operational status of and trends in the
NSEP TSP System, including:

(i) Numbers of requests processed for the
various priority actions, and the priority
levels assigned.
(ii) Relative percentages of services assigned to each priority level under each
NSEP category and subcategory.
(iii) Any apparent serious misassignment
or abuse of priority level assignments.
(iv) Any existing or developing problem.
(l) Submitting semi-annually to the FCC
and TSP System Oversight Committee a
summary report identifying the time and
event associated with each invocation of
NSEP treatment under section 9(c) of this
appendix, whether the NSEP service requirement was adequately handled, and whether
any additional charges were incurred. These
reports will be due by April 30th for the preceding July through December and by October 31 for the preceding January through
June time periods.
(m) All reports submitted to the FCC
should be directed to Chief, Public Safety
and Homeland Security Bureau, Washington,
DC 20554.
(3) Function (on a discretionary basis) as a
sponsoring Federal organization. (See section 6(c) below.)
c. Sponsoring Federal organizations will:
(1) Review and decide whether to sponsor
foreign, state, and local government and private industry (including telecommunication
service vendors) requests for priority actions. Federal organizations will forward
sponsored requests with recommendations
for disposition to the Executive Office of the
President. Recommendations will be based
on the categories and criteria in section 12 of
this appendix.
(2) Forward notification of priority actions
or denials of requests for priority actions
from the Executive Office of the President to
the requesting foreign, state, and local government and private industry entities.
(3) Cooperate with the Executive Office of
the President during reconciliation, revalidation, and audits.
(4) Comply with any regulations and procedures supplemental to and consistent with
this appendix which are issued by the Executive Office of the President.
d. Service users will:
(1) Identify services requiring priority
level assignments and request and justify
priority level assignments in accordance
with this appendix and any supplemental
regulations and procedures issued by the Executive Office of the President that are consistent with this appendix.
(2) Request and justify revalidation of all
priority level assignments at least every
three years.
(3) For services assigned priority levels,
ensure (through contractual means or otherwise) availability of customer premises
equipment and wiring necessary for end-toend service operation by the service due

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date, and continued operation; and, for such
services in the Emergency NSEP category,
by the time that vendors are prepared to provide the services. Additionally, designate the
organization responsible for the service on
an end-to-end basis.
(4) Be prepared to accept services assigned
priority levels by the service due dates or,
for services in the Emergency NSEP category, when they are available.
(5) Pay vendors any authorized costs associated with services that are assigned priority levels.
(6) Report to vendors any failed or unusable services that are assigned priority levels.
(7) Designate a 24-hour point-of-contact for
matters concerning each request for priority
action and apprise the Executive Office of
the President thereof.
(8) Upon termination of services that are
assigned priority levels, or circumstances
warranting revisions in priority level assignment (e.g., expansion of service), request and
justify revocation or revision.
(9) When NSEP treatment is invoked under
section 9(c) of this appendix, within 90 days
following provisioning of the service involved, forward to the National Coordinating
Center (see section 3(e) of this appendix)
complete information identifying the time
and event associated with the invocation and
regarding whether the NSEP service requirement was adequately handled and whether
any additional charges were incurred.
(10) Cooperate with the Executive Office of
the President during reconciliation, revalidation, and audits.
(11) Comply with any regulations and procedures supplemental to and consistent with
this appendix that are issued by the Executive Office of the President.
e. Non-federal service users, in addition to
responsibilities prescribed above in section
6(d), will obtain a sponsoring Federal organization for all requests for priority actions. If
unable to find a sponsoring Federal organization, a non-federal service user may submit
its request, which must include documentation of attempts made to obtain a sponsor
and reasons given by the sponsor for its refusal, directly to the Executive Office of the
President.
f. Service vendors will:
(1) When NSEP treatment is invoked by
service users, provision NSEP telecommunication services before non-NSEP services,
based on priority level assignments made by
the Executive Office of the President. Provisioning will require service vendors to:
(a) Allocate resources to ensure best efforts to provide NSEP services by the time
required. When limited resources constrain
response capability, vendors will address
conflicts for resources by:

(i) Providing NSEP services in order of provisioning priority level assignment (i.e.,
‘‘E’’, ‘‘1’’, ‘‘2’’, ‘‘3’’, ‘‘4’’, or ‘‘5’’);
(ii) Providing Emergency NSEP services
(i.e., those assigned provisioning priority
level ‘‘E’’) in order of receipt of the service
requests;
(iii) Providing Essential NSEP services
(i.e., those assigned priority levels ‘‘1’’, ‘‘2’’,
‘‘3’’, ‘‘4’’, or ‘‘5’’) that have the same provisioning priority level in order of service due
dates; and
(iv) Referring any conflicts which cannot
be resolved (to the mutual satisfaction of
servicer vendors and users) to the Executive
Office of the President for resolution.
(b) Comply with NSEP service requests by:
(i) Allocating resources necessary to provide Emergency NSEP services as soon as
possible, dispatching outside normal business hours when necessary;
(ii) Ensuring best efforts to meet requested
service dates for Essential NSEP services,
negotiating a mutually (customer and vendor) acceptable service due date when the requested service due date cannot be met; and
(iii) Seeking National Coordinating Center
(NCC) assistance as authorized under the
NCC Charter (see section 1.3, NCC Charter,
dated October 9, 1985).
(2) Restore NSEP telecommunications
services which suffer outage, or are reported
as unusable or otherwise in need of restoration, before non-NSEP services, based on restoration priority level assignments. (NOTE:
For broadband or multiple service facilities,
restoration is permitted even though it
might result in restoration of services assigned no or lower priority levels along with,
or sometimes ahead of, some higher priority
level services.) Restoration will require service vendors to restore NSEP services in order
of restoration priority level assignment (i.e.,
‘‘1’’, ‘‘2’’, ‘‘3’’, ‘‘4’’, or ‘‘5’’) by:
(a) Allocating available resources to restore NSEP services as quickly as practicable, dispatching outside normal business
hours to restore services assigned priority
levels ‘‘1’’, ‘‘2’’, and ‘‘3’’ when necessary, and
services assigned priority level ‘‘4’’ and ‘‘5’’
when the next business day is more than 24
hours away;
(b) Restoring NSEP services assigned the
same restoration priority level based upon
which can be first restored. (However, restoration actions in progress should not normally be interrupted to restore another
NSEP service assigned the same restoration
priority level);
(c) Patching and/or rerouting NSEP services assigned restoration priority levels from
‘‘1’’ through ‘‘5,’’ when use of patching and/or
rerouting will hasten restoration;
(d) Seeking National Coordinating Center
(NCC) assistance authorized under the NCC
Charter; and

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(e) Referring any conflicts which cannot be
resolved (to the mutual satisfaction of service vendors and users) to the Executive Office of the President for resolution.
(3) Respond to provisioning requests of customers and/or other service vendors, and to
restoration priority level assignments when
an NSEP service suffers an outage or is reported as unusable, by:
(a) Ensuring that vendor personnel understand their responsibilities to handle NSEP
provisioning requests and to restore NSEP
service; and
(b) Providing a 24-hour point-of-contact for
receiving provisioning requests for Emergency NSEP services and reports of NSEP
service outages or unusability.
(c) Seek verification from an authorized
entity if legitimacy of a priority level assignment or provisioning request for an
NSEP service is in doubt. However, processing of Emergency NSEP service requests
will not be delayed for verification purposes.
(4) Cooperate with other service vendors
involved in provisioning or restoring a portion of an NSEP service by honoring provisioning or restoration priority level assignments, or requests for assistance to provision or restore NSEP services, as detailed in
sections 6(f)(1), (2), and (3) above.
(5) All service vendors, including resale
carriers, are required to ensure that service
vendors supplying underlying facilities are
provided information necessary to implement priority treatment of facilities that
support NSEP services.
(6) Preempt, when necessary, existing services to provide an NSEP service as authorized in section 7 of this appendix.
(7) Assist in ensuring that priority level assignments of NSEP services are accurately
identified ‘‘end-to-end’’ by:
(a) Seeking verification from an authorized
Federal government entity if the legitimacy
of the restoration priority level assignment
is in doubt;
(b) Providing to subcontractors and/or
interconnecting carriers the restoration priority level assigned to a service;
(c) Supplying, to the Executive Office of
the President, when acting as a prime contractor to a service user, confirmation information regarding NSEP service completion
for that portion of the service they have contracted to supply;
(d) Supplying, to the Executive Office of
the President, NSEP service information for
the purpose of reconciliation.
(e) Cooperating with the Executive Office
of the President during reconciliation.
(f) Periodically initiating reconciliation
with their subcontractors and arranging for
subsequent subcontractors to cooperate in
the reconciliation process.
(8) Receive compensation for costs authorized through tariffs or contracts by:

(a) Provisions contained in properly filed
state or Federal tariffs; or
(b) Provisions of properly negotiated contracts where the carrier is not required to
file tariffs.
(9) Provision or restore only the portions
of services for which they have agreed to be
responsible (i.e., have contracted to supply),
unless the President’s war emergency powers
under section 706 of the Communications Act
are in effect.
(10) Cooperate with the Executive Office of
the President during audits.
(11) Comply with any regulations or procedures supplemental to and consistent with
this appendix that are issued by the Executive Office of the President and reviewed by
the FCC.
(12) Insure that at all times a reasonable
number of public switched network services
are made available for public use.
(13) Not disclose information concerning
NSEP services they provide to those not having a need-to-know or might use the information for competitive advantage.
7. Preemption of Existing Services
When necessary to provision or restore
NSEP services, service vendors may preempt
services they provide as specified below.
‘‘User’’ as used in this Section means any
user of a telecommunications service, including both NSEP and non-NSEP services.
Prior consent by a preempted user is not required.
a. The sequence in which existing services
may be preempted to provision NSEP services assigned a provisioning priority level
‘‘E’’ or restore NSEP services assigned a restoration priority level from ‘‘1’’ through ‘‘5’’:
(1) Non-NSEP services: If suitable spare
services are not available, then, based on the
considerations in this appendix and the service vendor’s best judgment, non-NSEP services will be preempted. After ensuring a sufficient number of public switched services
are available for public use, based on the
service vendor’s best judgment, such services
may be used to satisfy a requirement for provisioning or restoring NSEP services.
(2) NSEP services: If no suitable spare or
non-NSEP services are available, then existing NSEP services may be preempted to provision or restore NSEP services with higher
priority level assignments. When this is necessary, NSEP services will be selected for
preemption in the inverse order of priority
level assignment.
(3) Service vendors who are preempting
services will ensure their best effort to notify the service user of the preempted service
and state the reason for and estimated duration of the preemption.
b. Service vendors may, based on their best
judgment, determine the sequence in which
existing services may be preempted to provision NSEP services assigned a provisioning

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priority of ‘‘1’’ through ‘‘5’’. Preemption is
not subject to the consent of the user whose
service will be preempted.

c. Invocation of NSEP treatment. To invoke
NSEP treatment for the priority provisioning of an NSEP telecommunications
service, an authorized Federal official either
within, or acting on behalf of, the service
user’s organization must make a written or
oral declaration to concerned service vendor(s) and the Executive Office of the President that NSEP treatment is being invoked.
Authorized Federal officials include the head
or director of a Federal agency, commander
of a unified/specified military command,
chief of a military service, or commander of
a major military command; the delegates of
any of the foregoing; or any other officials as
specified in supplemental regulations or procedures issued by the Executive Office of the
President. The authority to invoke NSEP
treatment may be delegated only to a general or flag officer of a military service, civilian employee of equivalent grade (e.g.,
Senior Executive Service member), Federal
Coordinating Officer or Federal Emergency
Communications Coordinator/Manager, or
any other such officials specified in supplemental regulations or procedures issued by
the Executive Office of the President. Delegates must be designated as such in writing,
and written or oral invocations must be accomplished, in accordance with supplemental regulations or procedures issued by
the Executive Office of the President.

8. Requests for Priority Assignments.
All service users are required to submit requests for priority actions through the Executive Office of the President in the format
and following the procedures prescribed by
that Office.
9. Assignment, Approval, Use, and Invocation of
Priority Levels

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a. Assignment and approval of priority levels.
Priority level assignments will be based
upon the categories and criteria specified in
section 12 of this appendix. A priority level
assignment made by the Executive Office of
the President will serve as that Office’s recommendation to the FCC. Until the President’s war emergency powers are invoked,
priority level assignments must be approved
by the FCC. However, service vendors are ordered to implement any priority level assignments that are pending FCC approval.
After invocation of the President’s war
emergency powers, these requirements may
be superseded by other procedures issued by
the Executive Office of the President.
b. Use of Priority Level Assignments.
(1) All provisioning and restoration priority level assignments for services in the
Emergency NSEP category will be included
in initial service orders to vendors. Provisioning priority level assignments for Essential NSEP services, however, will not usually
be included in initial service orders to vendors. NSEP treatment for Essential NSEP
services will be invoked and provisioning priority level assignments will be conveyed to
service vendors only if the vendors cannot
meet needed service dates through the normal provisioning process.
(2) Any revision or revocation of either
provisioning or restoration priority level assignments will also be transmitted to vendors.
(3) Service vendors shall accept priority
levels and/or revisions only after assignment
by the Executive Office of the President.
NOTE: Service vendors acting as prime contractors will accept assigned NSEP priority
levels only when they are accompanied by
the Executive Office of the President designated service identification, i.e., TSP Authorization Code. However, service vendors
are authorized to accept priority levels and/
or revisions from users and contracting activities before assignment by the Executive
Office of the President when service vendor,
user, and contracting activities are unable to
communicate with either the Executive Office of the President or the FCC. Processing
of Emergency NSEP service requests will not
be delayed for verification purposes.

10. Resubmission of Circuits Presently Assigned
Restoration Priorities
All circuits assigned restoration priorities
must be reviewed for eligibility for initial
restoration priority level assignment under
the provisions of this appendix. Circuits currently assigned restoration priorities, and
for which restoration priority level assignments are requested under section 8 of this
appendix, will be resubmitted to the Executive Office of the President. To resubmit
such circuits, service users will comply with
applicable provisions of section 6(d) of this
appendix.
11. Appeal
Service users or sponsoring Federal organizations may appeal any priority level assignment, denial, revision, revocation, approval,
or disapproval to the Executive Office of the
President within 30 days of notification to
the service user. The appellant must use the
form or format required by the Executive Office of the President and must serve the FCC
with a copy of its appeal. The Executive Office of the President will act on the appeal
within 90 days of receipt. Service users and
sponsoring Federal organizations may only
then appeal directly to the FCC. Such FCC
appeal must be filed within 30 days of notification of the Executive Office of the President’s decision on appeal. Additionally, the
Executive Office of the President may appeal

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47 CFR Ch. I (10–1–10 Edition)

any FCC revisions, approvals, or disapprovals to the FCC. All appeals to the FCC
must be submitted using the form or format
required. The party filing its appeal with the
FCC must include factual details supporting
its claim and must serve a copy on the Executive Office of the President and any other
party directly involved. Such party may file
a response within 20 days, and replies may be
filed within 10 days thereafter. The Commission will not issue public notices of such submissions. The Commission will provide notice of its decision to the parties of record.
Any appeals to the Executive Office of the
President that include a claim of new information that has not been presented before
for consideration may be submitted at any
time.

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12. NSEP TSP System Categories, Criteria, and
Priority Levels
a. General. NSEP TSP System categories
and criteria, and permissible priority level
assignments, are defined and explained
below.
(1) The Essential NSEP category has four
subcategories: National Security Leadership;
National Security Posture and U.S. Population Attack Warning; Public Health, Safety, and Maintenance of Law and Order; and
Public Welfare and Maintenance of National
Economic Posture. Each subcategory has its
own criteria. Criteria are also shown for the
Emergency NSEP category, which has no
sub-categories.
(2) Priority levels of ‘‘1,’’ ‘‘2,’’ ‘‘3,’’ ‘‘4,’’ and
‘‘5’’ may be assigned for provisioning and/or
restoration of Essential NSEP telecommunication services. However, for Emergency
NSEP telecommunications services, a priority level ‘‘E’’ is assigned for provisioning.
A restoration priority level from ‘‘1’’
through ‘‘5’’ may be assigned if an Emergency NSEP service also qualifies for such a
restoration priority level under the Essential
NSEP category.
(3) The NSEP TSP System allows the assignment of priority levels to any NSEP
telecommunications service across three
time periods, or stress conditions: Peacetime/Crisis/Mobilization, Attack/War, and
Post-Attack/Recovery. Priority levels will
normally be assigned only for the first time
period. These assigned priority levels will
apply through the onset of any attack, but it
is expected that they would later be revised
by surviving authorized telecommunication
resource managers within the Executive Office of the President based upon specific
facts and circumstances arising during the
Attack/War and Post-Attack/Recovery time
periods.
(4) Service users may, for their own internal use, assign subpriorities to their services
assigned priority levels. Receipt of and response to any such subpriorities is optional
for service vendors.

(5) The following paragraphs provide a detailed explanation of the categories, subcategories, criteria, and priority level assignments, beginning with the Emergency NSEP
category.
b. Emergency NSEP. Telecommunications
services in the Emergency NSEP category
are those new services so critical as to be required to be provisioned at the earliest possible time, without regard to the costs of obtaining them.
(1) Criteria. To qualify under the Emergency NSEP category, the service must meet
criteria directly supporting or resulting from
at least one of the following NSEP functions:
(a) Federal government activity responding to a Presidentially declared disaster or
emergency as defined in the Disaster Relief
Act (42 U.S.C. 5122).
(b) State or local government activity responding to a Presidentially declared disaster or emergency.
(c) Response to a state of crisis declared by
the National Command Authorities (e.g., exercise of Presidential war emergency powers
under section 706 of the Communications
Act.)
(d) Efforts to protect endangered U.S. personnel or property.
(e) Response to an enemy or terrorist action, civil disturbance, natural disaster, or
any other unpredictable occurrence that has
damaged facilities whose uninterrupted operation is critical to NSEP or the management
of other ongoing crises.
(f) Certification by the head or director of
a Federal agency, commander of a unified/
specified command, chief of a military service, or commander of a major military command, that the telecommunications service
is so critical to protection of life and property or to NSEP that it must be provided immediately.
(g) A request from an official authorized
pursuant to the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq. and 18 U.S.C.
2511, 2518, 2519).
(2) Priority Level Assignment.
(a) Services qualifying under the Emergency NSEP category are assigned priority
level ‘‘E’’ for provisioning.
(b) After 30 days, assignments of provisioning priority level ‘‘E’’ for Emergency
NSEP services are automatically revoked
unless extended for another 30-day period. A
notice of any such revocation will be sent to
service vendors.
(c) For restoration, Emergency NSEP services may be assigned priority levels under
the provisions applicable to Essential NSEP
services (see section 12(c)). Emergency NSEP
services not otherwise qualifying for restoration priority level assignment as Essential
NSEP may be assigned a restoration priority
level ‘‘5’’ for a 30-day period. Such 30-day restoration priority level assignments will be
revoked automatically unless extended for

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Pt. 64, App. A

another 30-day period. A notice of any such
revocation will be sent to service vendors.
c. Essential NSEP. Telecommunication
services in the Essential NSEP category are
those required to be provisioned by due dates
specified by service users, or restored
promptly, normally without regard to associated overtime or expediting costs. They
may be assigned priority level of ‘‘1,’’ ‘‘2,’’
‘‘3,’’ ‘‘4,’’ or ‘‘5’’ for both provisioning and
restoration, depending upon the nature and
urgency of the supported function, the impact of lack of service or of service interruption upon the supported function, and, for
priority access to public switched services,
the user’s level of responsibility. Priority
level assignments will be valid for no more
than three years unless revalidated. To be
categorized as Essential NSEP, a telecommunications service must qualify under
one of the four following subcategories: National Security Leadership; National Security Posture and U.S. Population Attack
Warning; Public Health, Safety and Maintenance of Law and Order; or Public Welfare
and Maintenance of National Economic Posture. (NOTE Under emergency circumstances,
Essential NSEP telecommunication services
may be recategorized as Emergency NSEP
and assigned a priority level ‘‘E’’ for provisioning.)
(1) National security leadership. This subcategory will be strictly limited to only
those telecommunication services essential
to national survival if nuclear attack threatens or occurs, and critical orderwire and control services necessary to ensure the rapid
and efficient provisioning or restoration of
other NSEP telecommunication services.
Services in this subcategory are those for
which a service interruption of even a few
minutes would have serious adverse impact
upon the supported NSEP function.
(a) Criteria. To qualify under this subcategory, a service must be at least one of
the following:
(i) Critical orderwire, or control service,
supporting other NSEP functions.
(ii) Presidential communications service
critical to continuity of government and national leadership during crisis situations.
(iii) National Command Authority communications service for military command and
control critical to national survival.
(iv) Intelligence communications service
critical to warning of potentially catastrophic attack.
(v) Communications service supporting the
conduct of diplomatic negotiations critical
to arresting or limiting hostilities.
(b) Priority level assignment. Services under
this subcategory will normally be assigned
priority level ‘‘1’’ for provisioning and restoration during the Peace/Crisis/Mobilization
time period.
(2) National security posture and U.S. population attack warning. This subcategory cov-

ers those minimum additional telecommunication services essential to maintaining an
optimum defense, diplomatic, or continuityof-government postures before, during, and
after crises situations. Such situations are
those ranging from national emergencies to
international crises, including nuclear attack. Services in this subcategory are those
for which a service interruption ranging
from a few minutes to one day would have
serious adverse impact upon the supported
NSEP function.
(a) Criteria. To qualify under this subcategory, a service must support at least one
of the following NSEP functions:
(i) Threat assessment and attack warning.
(ii) Conduct of diplomacy.
(iii) Collection, processing, and dissemination of intelligence.
(iv) Command and control of military
forces.
(v) Military mobilization.
(vi) Continuity of Federal government before, during, and after crises situations.
(vii) Continuity of state and local government functions supporting the Federal government during and after national emergencies.
(viii) Recovery of critical national functions after crises situations.
(ix) National space operations.
(b) Priority level assignment. Services under
this subcategory will normally be assigned
priority level ‘‘2,’’ ‘‘3,’’ ‘‘4,’’ or ‘‘5’’ for provisioning and restoration during Peacetime/
Crisis/Mobilization.
(3) Public health, safety, and maintenance of
law and order. This subcategory covers the
minimum number of telecommunication
services necessary for giving civil alert to
the U.S. population and maintaining law and
order and the health and safety of the U.S.
population in times of any national, regional, or serious local emergency. These
services are those for which a service interruption ranging from a few minutes to one
day would have serious adverse impact upon
the supported NSEP functions.
(a) Criteria. To qualify under this subcategory, a service must support at least one
of the following NSEP functions:
(i) Population warning (other than attack
warning).
(ii) Law enforcement.
(iii) Continuity of critical state and local
government functions (other than support of
the Federal government during and after national emergencies).
(vi) Hospitals and distributions of medical
supplies.
(v) Critical logistic functions and public
utility services.
(vi) Civil air traffic control.
(vii) Military assistance to civil authorities.
(viii) Defense and protection of critical industrial facilities.

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(ix) Critical weather services.
(x) Transportation to accomplish the foregoing NSEP functions.
(b) Priority level assignment. Service under
this subcategory will normally be assigned
priority levels ‘‘3,’’ ‘‘4,’’ or ‘‘5’’ for provisioning and restoration during Peacetime/
Crisis/Mobilization.
(4) Public welfare and maintenance of national economic posture. This subcategory covers the minimum number of telecommunications services necessary for maintaining
the public welfare and national economic
posture during any national or regional
emergency. These services are those for
which a service interruption ranging from a
few minutes to one day would have serious
adverse impact upon the supported NSEP
function.
(a) Criteria. To qualify under this subcategory, a service must support at least one
of the following NSEP functions:
(i) Distribution of food and other essential
supplies.
(ii) Maintenance of national monetary,
credit, and financial systems.
(iii) Maintenance of price, wage, rent, and
salary stabilization, and consumer rationing
programs.
(iv) Control of production and distribution
of strategic materials and energy supplies.
(v) Prevention and control of environmental hazards or damage.
(vi) Transportation to accomplish the foregoing NSEP functions.
(b) Priority level assignment. Services under
this subcategory will normally be assigned
priority levels ‘‘4’’ or ‘‘5’’ for provisioning
and restoration during Peacetime/Crisis/Mobilization.
d. Limitations. Priority levels will be assigned only to the minimum number of telecommunication services required to support
an NSEP function. Priority levels will not
normally be assigned to backup services on a
continuing basis, absent additional justification, e.g., a service user specifies a requirement for physically diverse routing or contracts for additional continuity-of-service
features. The Executive Office of the President may also establish limitations upon the
relative numbers of services which may be
assigned any restoration priority level.
These limitations will not take precedence
over laws or executive orders. Such limitations shall not be exceeded absent waiver by
the Executive Office of the President.
e. Non-NSEP services. Telecommunication
services in the non-NSEP category will be
those which do not meet the criteria for either Emergency NSEP or Essential NSEP.
[53 FR 47536, Nov. 23, 1988; 54 FR 152, Jan. 4,
1989; 54 FR 1471, Jan. 13, 1989, as amended at
67 FR 13229, Mar. 21, 2002; 71 FR 69038, Nov.
29, 2006]

APPENDIX B TO PART 64—PRIORITY ACCESS SERVICE (PAS) FOR NATIONAL
SECURITY AND EMERGENCY PREPAREDNESS (NSEP)
1. AUTHORITY
This appendix is issued pursuant to sections 1, 4(i), 201 through 205 and 303(r) of the
Communications Act of 1934, as amended.
Under these sections, the Federal Communications Commission (FCC) may permit the
assignment and approval of priorities for access to commercial mobile radio service
(CMRS) networks. Under section 706 of the
Communications Act, this authority may be
superseded by the war emergency powers of
the President of the United States. This appendix provides the Commission’s Order to
CMRS providers and users to comply with
policies and procedures establishing the Priority Access Service (PAS). This appendix is
intended to be read in conjunction with regulations and procedures that the Executive
Office of the President issues:
(1) To implement responsibilities assigned
in section 3 of this appendix, or
(2) For use in the event this appendix is superseded by the President’s emergency war
powers. Together, this appendix and the regulations and procedures issued by the Executive Office of the President establish one
uniform system of priority access service
both before and after invocation of the President’s emergency war powers.
2. BACKGROUND
a. Purpose. This appendix establishes regulatory authorization for PAS to support the
needs of NSEP CMRS users.
b. Applicability. This appendix applies to
the provision of PAS by CMRS licensees to
users who qualify under the provisions of
section 5 of this appendix.
c. Description. PAS provides the means for
NSEP telecommunications users to obtain
priority access to available radio channels
when necessary to initiate emergency calls.
It does not preempt calls in progress and is
to be used during situations when CMRS network congestion is blocking NSEP call attempts. PAS is to be available to authorized
NSEP users at all times in equipped CMRS
markets where the service provider has voluntarily decided to provide such service. Authorized users would activate the feature on
a per call basis by dialing a feature code such
as *XX. PAS priorities 1 through 5 are reserved for qualified and authorized NSEP
users, and those users are provided access to
CMRS channels before any other CMRS callers.
d. Definitions. As used in this appendix:
1. Authorizing agent refers to a Federal or
State entity that authenticates, evaluates

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and makes recommendations to the Executive Office of the President regarding the assignment of priority access service levels.
2. Service provider means an FCC-licensed
CMRS provider. The term does not include
agents of the licensed CMRS provider or resellers of CMRS service.
3. Service user means an individual or organization (including a service provider) to
whom or which a priority access assignment
has been made.
4. The following terms have the same
meaning as in Appendix A to Part 64:
(a) Assignment;
(b) Government;
(c) National Communications System;
(d) National Coordinating Center;
(e) National Security Emergency Preparedness (NSEP) Telecommunications Services
(excluding the last sentence);
(f) Reconciliation;
(g) Revalidation;
(h) Revision;
(i) Revocation.
e. Administration. The Executive Office of
the President will administer PAS.

mental to and consistent with this appendix
regarding the operation, administration, and
use of PAS.
7. Provide training on PAS to affected entities and individuals.
8. Enlarge the role of the Telecommunications Service Priority System Oversight
Committee to include oversight of the PAS
system.
9. Report periodically to the FCC on the
status of PAS.
10. Disclose content of the NSEP PAS
database only as may be required by law.
c. An Authorizing agent shall:
1. Identify itself as an authorizing agent
and its community of interest (State, Federal Agency) to the EOP. State Authorizing
Agents will provide a central point of contact to receive priority requests from users
within their state. Federal Authorizing
Agents will provide a central point of contact to receive priority requests from federal
users or federally sponsored entities.
2. Authenticate, evaluate, and make recommendations to the EOP to approve priority level assignment requests using the
priorities and criteria specified in section 5
of this appendix. As a guide, PAS authorizing agents should request the lowest priority level that is applicable and the minimum number of CMRS services required to
support an NSEP function. When appropriate, the authorizing agent will recommend approval or deny requests for PAS.
3. Ensure that documentation is complete
and accurate before forwarding it to the
EOP.
4. Serve as a conduit for forwarding PAS
information from the EOP to the service
user and vice versa. Information will include
PAS requests and assignments, reconciliation and revalidation notifications, and
other information.
5. Participate in reconciliation and revalidation of PAS information at the request
of the EOP.
6. Comply with any regulations and procedures supplemental to and consistent with
this appendix that are issued by the EOP.
7. Disclose content of the NSEP PAS database only to those having a need-to-know.
d. Service users will:
1. Determine the need for and request PAS
assignments in a planned process, not waiting until an emergency has occurred.
2. Request PAS assignments for the lowest
applicable priority level and minimum number of CMRS services necessary to provide
NSEP telecommunications management and
response functions during emergency/disaster situations.
3. Initiate PAS requests through the appropriate authorizing agent. The EOP will make
final approval or denial of PAS requests and
may direct service providers to remove PAS
if appropriate. (Note: State and local government or private users will apply for PAS

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3. RESPONSIBILITIES
a. The Federal Communications Commission
will provide regulatory oversight of the implementation of PAS, enforce PAS rules and
regulations, and act as final authority for
approval, revision, or disapproval of priority
assignments by the Executive Office of the
President by adjudicating disputes regarding
either priority assignments or the denial
thereof by the Executive Office of the President until superseded by the President’s war
emergency powers under Section 706 of the
Communications Act.
b. The Executive Office of the President
(EOP) will administer the PAS system. It
will:
1. Act as the final approval or denial authority for the assignment of priorities and
the adjudicator of disputes during the exercise of the President’s war emergency powers
under section 706 of the Communications
Act.
2. Receive, process, and evaluate requests
for priority actions from authorizing agents
on behalf of service users or directly from
service users. Assign priorities or deny requests for priority using the priorities and
criteria specified in section 5 of this appendix. Actions on such requests should be completed within 30 days of receipt.
3. Convey priority assignments to the service provider and the authorizing agent.
4. Revise, revalidate, reconcile, and revoke
priority level assignments with service users
and service providers as necessary to maintain the viability of the PAS system.
5. Maintain a database for PAS related information.
6. Issue new or revised regulations, procedures, and instructional material supple-

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47 CFR Ch. I (10–1–10 Edition)

through their designated State government
authorizing agent. Federal users will apply
for PAS through their employing agency.
State and local users in states where there
has been no designation will be sponsored by
the Federal agency concerned with the emergency function as set forth in Executive
Order 12656. If no authorizing agent is determined using these criteria, the EOP will
serve as the authorizing agent.)
4. Submit all correspondence regarding
PAS to the authorizing agent.
5. Invoke PAS only when CMRS congestion
blocks network access and the user must establish communications to fulfill an NSEP
mission. Calls should be as brief as possible
so as to afford CMRS service to other NSEP
users.
6. Participate in reconciliation and revalidation of PAS information at the request
of the authorizing agent or the EOP.
7. Request discontinuance of PAS when the
NSEP qualifying criteria used to obtain PAS
is no longer applicable.
8. Pay service providers as billed for PAS.
9. Comply with regulations and procedures
that are issued by the EOP which are supplemental to and consistent with this appendix.
e. Service providers who offer any form of
priority access service for NSEP purposes
shall provide that service in accordance with
this appendix. As currently described in the
Priority Access and Channel Assignment
Standard (IS–53–A), service providers will:
1. Provide PAS levels 1, 2, 3, 4, or 5 only
upon receipt of an authorization from the
EOP and remove PAS for specific users at
the direction of the EOP.
2. Ensure that PAS system priorities supersede any other NSEP priority which may
be provided.
3. Designate a point of contact to coordinate with the EOP regarding PAS.
4. Participate in reconciliation and revalidation of PAS information at the request
of the EOP.
5. As technically and economically feasible, provide roaming service users the same
grade of PAS provided to local service users.
6. Disclose content of the NSEP PAS database only to those having a need-to-know or
who will not use the information for economic advantage.
7. Comply with regulations and procedures
supplemental to and consistent with this appendix that are issued by the EOP.
8. Insure that at all times a reasonable
amount of CMRS spectrum is made available
for public use.
9. Notify the EOP and the service user if
PAS is to be discontinued as a service.
f. The Telecommunications Service Priority
Oversight Committee will identify and review
any systemic problems associated with the
PAS system and recommend actions to correct them or prevent their recurrence.

4. APPEAL
Service users and authorizing agents may
appeal any priority level assignment, denial,
revision or revocation to the EOP within 30
days of notification to the service user. The
EOP will act on the appeal within 90 days of
receipt. If a dispute still exists, an appeal
may then be made to the FCC within 30 days
of notification of the EOP’s decision. The
party filing the appeal must include factual
details supporting its claim and must provide a copy of the appeal to the EOP and any
other party directly involved. Involved parties may file a response to the appeal made
to the FCC within 20 days, and the initial filing party may file a reply within 10 days
thereafter. The FCC will provide notice of its
decision to the parties of record. Until a decision is made, the service will remain status
quo.
5. PAS PRIORITY LEVELS AND QUALIFYING
CRITERIA
The following PAS priority levels and
qualifying criteria apply equally to all users
and will be used as a basis for all PAS assignments. There are five levels of NSEP priorities, priority one being the highest. The
five priority levels are:
1. Executive Leadership and Policy Makers
2. Disaster Response/Military Command
and Control
3. Public Health, Safety and Law Enforcement Command
4. Public Services/Utilities and Public Welfare
5. Disaster Recovery
These priority levels were selected to meet
the needs of the emergency response community and provide priority access for the command and control functions critical to management of and response to national security
and emergency situations, particularly during the first 24 to 72 hours following an
event. Priority assignments should only be
requested for key personnel and those individuals in national security and emergency
response leadership positions. PAS is not intended for use by all emergency service personnel.
A. Priority 1: Executive Leadership and
Policy Makers.
Users who qualify for the Executive Leadership and Policy Makers priority will be assigned priority one. A limited number of
CMRS technicians who are essential to restoring the CMRS networks shall also receive this highest priority treatment. Examples of those eligible include:
(i) The President of the United States, the
Secretary of Defense, selected military leaders, and the minimum number of senior staff
necessary to support these officials;
(ii) State governors, lieutenant governors,
cabinet-level officials responsible for public

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Federal Communications Commission

Pt. 65

safety and health, and the minimum number
of senior staff necessary to support these officials; and
(iii) Mayors, county commissioners, and
the minimum number of senior staff to support these officials.

assigned priority four. Eligible for this priority are those users whose responsibilities
include managing public works and utility
infrastructure damage assessment and restoration efforts and transportation to accomplish emergency response activities. Examples of those eligible include:
(i) Army Corps of Engineers leadership;
(ii) Power, water and sewage and telecommunications utilities; and
(iii) Transportation leadership.

B. Priority 2: Disaster Response/Military
Command and Control
Users who qualify for the Disaster Response/Military Command and Control priority will be assigned priority two. Individuals eligible for this priority include personnel key to managing the initial response
to an emergency at the local, state, regional
and federal levels. Personnel selected for this
priority should be responsible for ensuring
the viability or reconstruction of the basic
infrastructure in an emergency area. In addition, personnel essential to continuity of
government and national security functions
(such as the conduct of international affairs
and intelligence activities) are also included
in this priority. Examples of those eligible
include:
(i) Federal emergency operations center
coordinators, e.g., Manager, National Coordinating Center for Telecommunications, National Interagency Fire Center, Federal Coordinating Officer, Federal Emergency Communications Coordinator, Director of Military Support;
(ii) State emergency Services director, National Guard Leadership, State and Federal
Damage Assessment Team Leaders;
(iii) Federal, state and local personnel with
continuity of government responsibilities;
(iv) Incident Command Center Managers,
local emergency managers, other state and
local elected public safety officials; and
(v) Federal personnel with intelligence and
diplomatic responsibilities.
C. Priority 3: Public Health, Safety, and Law
Enforcement Command

erowe on DSK5CLS3C1PROD with CFR

Users who qualify for the Public Health,
Safety, and Law Enforcement Command priority will be assigned priority three. Eligible
for this priority are individuals who direct
operations critical to life, property, and
maintenance of law and order immediately
following an event. Examples of those eligible include:
(i) Federal law enforcement command;
(ii) State police leadership;
(iii) Local fire and law enforcement command;
(iv) Emergency medical service leaders;
(v) Search and rescue team leaders; and
(vi) Emergency communications coordinators.
D. Priority 4: Public Services/Utilities and
Public Welfare
Users who qualify for the Public Services/
Utilities and Public Welfare priority will be

E. Priority 5: Disaster Recovery
Users who qualify for the Disaster Recovery priority will be assigned priority five. Eligible for this priority are those individuals
responsible for managing a variety of recovery operations after the initial response has
been accomplished. These functions may include managing medical resources such as
supplies, personnel, or patients in medical
facilities. Other activities such as coordination to establish and stock shelters, to obtain detailed damage assessments, or to support key disaster field office personnel may
be included. Examples of those eligible include:
(i) Medical recovery operations leadership;
(ii) Detailed damage assessment leadership;
(iii) Disaster shelter coordination and
management; and
(iv) Critical Disaster Field Office support
personnel.
6. LIMITATIONS
PAS will be assigned only to the minimum
number of CMRS services required to support an NSEP function. The Executive Office
of the President may also establish limitations upon the relative numbers of services
that may be assigned PAS or the total number of PAS users in a serving area. These
limitations will not take precedence over
laws or executive orders. Limitations established shall not be exceeded.
[65 FR 48396, Aug. 8, 2000]

PART 65—INTERSTATE RATE OF RETURN
PRESCRIPTION
PROCEDURES AND METHODOLOGIES
Subpart A—General
Sec.
65.1 Application of part 65.

Subpart B—Procedures
65.100 Participation and acceptance of service designation.
65.101 Initiation of unitary rate of return
prescription proceedings.
65.102 Petitions for exclusion from unitary
treatment and for individual treatment

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