§  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 CPN-based 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 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.

   [ 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]