§  64.1201   Restrictions on billing name and address disclosure.

   (a) As used in this section:

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

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

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

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

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

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

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

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

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

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

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

   (d) [Reserved]

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

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

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

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

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

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

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

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

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

Subpart M—Provision of Payphone Service