Goto Section: 64.5105 | 64.5108 | Table of Contents
FCC 64.5107
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 64.5107 Approval required for use of customer proprietary network
information.
(a) A TRS provider may obtain approval through written, oral, electronic, or
sign language methods.
(1) A TRS provider relying on oral or sign language approval shall bear the
burden of demonstrating that such approval has been given in compliance 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 TRS provider must remain in effect until the
customer revokes or limits such approval or disapproval. A TRS provider
shall accept any such customer revocation, whether in written, oral,
electronic, or sign language methods.
(3) A TRS provider must maintain records of approval, whether oral, written,
electronic, or sign language, during the time period that the approval or
disapproval is in effect and for at least one year thereafter.
(b) Use of opt-in and opt-out approval processes. (1) Opt-in approval
requires that the TRS provider obtain from the customer affirmative, express
consent allowing the requested CPNI usage, disclosure, or access after the
customer is provided appropriate notification of the TRS provider's request
consistent with the requirements set forth in this subpart.
(2) With opt-out approval, 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 § 64.5108(d)(1) of
this subpart after the TRS provider has provided to the customer appropriate
notification of the TRS provider's request for consent consistent with the
rules in this subpart.
(3) A TRS provider may only use, disclose, or permit access to the
customer's individually identifiable CPNI with the customer's opt-in
approval, except as follows:
(i) Where a TRS provider is permitted to use, disclose, or permit access to
CPNI without customer approval under § 64.5105 of this subpart.
(ii) Where a TRS provider is permitted to use, disclose, or permit access to
CPNI by making use of customer opt-in or opt-out approval under paragraph
(?)(4) of this section.
(4) A TRS provider may make use of customer opt-in or opt-out approval to
take the following actions with respect to CPNI:
(i) Use its customer's individually identifiable CPNI for the purpose of
lawfully marketing TRS-related services to that customer.
(ii) Disclose its customer's individually identifiable CPNI to its agents
and its affiliates that provide TRS-related services for the purpose of
lawfully marketing TRS-related services to that customer. A TRS provider may
also permit such persons or entities to obtain access to such CPNI for such
purposes.
[ 79 FR 40613 , July 5, 2013]
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Goto Section: 64.5105 | 64.5108
Goto Year: 2014 |
2016
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