FCC Web Documents citing 64.2005

as compiled by hallikainen.com/FccRules on 2012 06 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.pdf
  • FCC Rcd 14860 (2002). 47 C.F.R. § 64.2007; see also 47 U.S.C. § 222(c)(1); except that carriers 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.'' 47 C.F.R. § 64.2005(a). 47 C.F.R. § 64.2008(a). 47 C.F.R. § 64.2003(i). 47 C.F.R. § 64.2008(d)(3)(ii). 47 C.F.R. § 64.2009(a). See Letter from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, to Michelle Thomas, AT&T Inc. (EB File No. EB-06-TC-049, January 27, 2006). On December 29, 2006, subsequent to the initiation of this investigation, the Commission approved the merger between AT&T and Bellsouth. Accordingly,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.txt
  • FCC Rcd 14860 (2002). 47 C.F.R. § 64.2007; see also 47 U.S.C. § 222(c)(1); except that carriers 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.'' 47 C.F.R. § 64.2005(a). 47 C.F.R. § 64.2008(a). 47 C.F.R. § 64.2003(i). 47 C.F.R. § 64.2008(d)(3)(ii). 47 C.F.R. § 64.2009(a). See Letter from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, to Michelle Thomas, AT&T Inc. (EB File No. EB-06-TC-049, January 27, 2006). On December 29, 2006, subsequent to the initiation of this investigation, the Commission approved the merger between AT&T and Bellsouth. Accordingly,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.txt
  • slammed. Legal Basis: 47 U.S.C. 151, 154, 201-205, 258 and 303(r). Section Number and Title: 64.1130 Letter of agency form and content. 64.1170 Reimbursement procedures where the subscriber has paid charges. 64.1190 Preferred carrier freezes. SUBPART U-CUSTOMER PROPRIETARY NETWORK INFORMATION Brief Description: Subpart U implements the provisions of section 222 of the Act concerning customer proprietary network information (CPNI). Section 64.2005 describes the circumstances under which carriers may, and may not, use, disclose or permit access to customer CPNI without prior customer approval. Paragraph (d) allows carriers to use, disclose, or permit access to CPNI to protect the rights or property of the carrier, or to protect users of the carrier's services and other carriers from fraudulent, abusive, or unlawful use
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272953A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272953A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272953A1.txt
  • 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. In section 64.2003, paragraphs (l), (p), and (q) are redesignated as paragraphs (m), (q), and (r), respectively. In section 64.2005(c)(3), the text is amended to read as follows: (3) LECs, CMRS providers, and entities that provide interconnected VoIP service as that term is defined in section 9.3 of these rules, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-288532A1.pdf
  • 23 (1998) ("1998 Order"). To delineate the bounds of implicit customer approval, the Commission adopted the "total service approach," which turned on a distinction between three traditional categories of telecommunications services: local telephone service, interexchange (primarily long distance calling service), and commercial mobile radio services (primarily mobile or cellular phone service). Id. ¶¶ 24, 27; see also 47 C.F.R. § 64.2005(a). The 1998 Order provided that carriers could infer customer Case: 07-1312 Document: 01215509822 Page: 3 4 approval within the confines of existing service in one or more of the categories above. 1998 Order ¶ 25. Implicit approval also extended to customer information sharing with carriers' affiliates who provide one of the other service types within the existing service relationship between
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-247A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-247A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-247A1.txt
  • amended, CC Docket Nos. 96-115 and 96-149, Order on Reconsideration and Petitions for Forbearance, 14 FCC Rcd 14409 (1999) (CPNI Reconsideration Order.). On November 1, 1999, MCI Communications Corp. filed a Petition for Further Reconsideration. We will address MCI's Petition in a separate order. CPNI Reconsideration Order, 14 FCC Rcd at 14464, paras. 109-110. In particular, the Order expanded Section 64.2005 of the Commission's rules, 47 C.F.R. § 64.2005, which codifies the total service approach, to include customer premises equipment and some information services. Only one carrier, Omnipoint Communications, Inc., requested that we reconsider that the Commission ``opt-in'' approach, and limited its request to CMRS carriers only. CPNI Reconsideration Order, 14 FCC Rcd at 14463-64, paras. 107-08. The Commission denied Omnipoint's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-10A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-10A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-10A1.txt
  • is aware that its carrier has access to CPNI, and, through subscription to the carrier's service, has implicitly approved the carrier's use of CPNI within that existing relationship.'' CPNI Order, 13 FCC Rcd at 8080, para. 23 (introducing the ``total service approach'' to defining the boundaries of a customer's implied consent concerning use of CPNI); see also 47 C.F.R. § 64.2005(a). Except as required by law, carriers may not disclose CPNI to third parties or their own affiliates that do not provide communications-related services unless the consumer has given ``opt in'' consent, which is express written, oral, or electronic consent. 47 C.F.R. §§ 64.2005(b), 64.2007(b)(3); 64.2008(e); see also 47 C.F.R. § 64.2003(h) (defining ``opt-in approval''). Under the Commission's current rules, carriers
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.txt
  • address; or date of birth. (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. Section 64.2005(c)(3) is amended to read as follows: (3) LECs, CMRS providers, and entities that provide interconnected VoIP service as that term is defined in section 9.3 of these rules, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.txt
  • i.e., to be the ``dial tone'' for a consumer that uses relay to call to a voice telephone user, and because consumers do not pay for this service but rather providers are compensated pursuant to Title IV of the ADA, providers may not offer relay users financial and similar incentives, directly or indirectly, to use their service. In contrast, section 64.2005(a) of the Commission's CPNI rules permits a carrier to ``use, disclose, or permit access to CPNI for the purpose of providing or marketing service offerings'' among the categories of service to which the customer already subscribes from the carrier, and section 64.2005(c)(3) permits the use or disclosure of CPNI ``to market services formerly known as adjunct-to-basic services.'' In light of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-107A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-107A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-107A1.txt
  • purposes); U S West Communications, Inc. v. FCC, 177 F.3d 1058, 1059-60 (D.C. Cir. 1999) (noting that the term ``provide'' used in different places in the Communications Act can be subject to different meanings depending on context). See 47 C.F.R. §§ 1.47, 6.1, 6.3(e), 12.3, 43.11, 52.12, 52.13, 52.17, 52.21(h), 52.32, 52.33, 52.34, 52.35(e)(1), 52.36(d), 54.5, 54.706, 54.708, 63.60, 64.2003, 64.2005. 47 C.F.R. §§ 1.1200 et seq. Pub. L. No. 107-198. 44 U.S.C. § 3506(c)(4). Location Accuracy FNPRM and NOI at Appendix. See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). See
• http://transition.fcc.gov/eb/Orders/2009/DA-09-16A1.html
  • FCC Rcd 14860 (2002). 47 C.F.R. S: 64.2007; see also 47 U.S.C. S: 222(c)(1); except that carriers 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." 47 C.F.R. S: 64.2005(a). 47 C.F.R. S: 64.2008(a). 47 C.F.R. S: 64.2003(i). 47 C.F.R. S: 64.2008(d)(3)(ii). 47 C.F.R. S: 64.2009(a). See Letter from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, to Michelle Thomas, AT&T Inc. (EB File No. EB-06-TC-049, January 27, 2006). On December 29, 2006, subsequent to the initiation of this investigation, the Commission approved the merger between AT&T and Bellsouth. Accordingly,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99223.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99223.txt
  • We further conclude that CMRS carriers may use CPNI, without customer approval, to market all information services, while wireline carriers may do so for certain information services. We deny the petitions for forbearance on these issues.16 (d) We eliminate the restrictions on a carrier's ability to use CPNI to regain customers who have switched to another carrier, contained in Section 64.2005(b)(3) of our rules. We find that "winback" campaigns are consistent with Section 222(c)(1). The Order concludes, however, that if a carrier uses information regarding a customer's decision to switch carriers derived from Federal Communications Commission FCC 99-223 17 See discussion infra Part V.C. 18 See discussion infra Part VI.A. 19 See discussion infra Part VI.B. 20 See discussion infra Part
• http://www.fcc.gov/eb/Orders/2009/DA-09-16A1.html
  • FCC Rcd 14860 (2002). 47 C.F.R. S: 64.2007; see also 47 U.S.C. S: 222(c)(1); except that carriers 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." 47 C.F.R. S: 64.2005(a). 47 C.F.R. S: 64.2008(a). 47 C.F.R. S: 64.2003(i). 47 C.F.R. S: 64.2008(d)(3)(ii). 47 C.F.R. S: 64.2009(a). See Letter from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, to Michelle Thomas, AT&T Inc. (EB File No. EB-06-TC-049, January 27, 2006). On December 29, 2006, subsequent to the initiation of this investigation, the Commission approved the merger between AT&T and Bellsouth. Accordingly,
• http://www.fcc.gov/ogc/documents/opinions/1999/uswestcpni.html
  • pt. 64, subpt. U (1998). The regulations adopted by the CPNI Order interpret 222(c)(1) through a framework known as the "total service approach." That approach divides the term "telecommunications service" into three service categories: (1) local; (2) interexchange (which includes most long-distance toll service); and (3) commercial mobile radio service ("CMRS") (which includes mobile or cellular service). See 47 C.F.R. 64.2005(a). Broadly stated, the regulations permit a telecommunications carrier to use, disclose, or share CPNI for the purpose of marketing products within a category of service to customers, provided the customer already subscribes to that category of service. See id. However, the carrier may not, without customer approval, use, disclose, or permit access to CPNI for the purpose of marketing categories
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.pdf
  • FCC Rcd 14860 (2002). 47 C.F.R. § 64.2007; see also 47 U.S.C. § 222(c)(1); except that carriers 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.'' 47 C.F.R. § 64.2005(a). 47 C.F.R. § 64.2008(a). 47 C.F.R. § 64.2003(i). 47 C.F.R. § 64.2008(d)(3)(ii). 47 C.F.R. § 64.2009(a). See Letter from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, to Michelle Thomas, AT&T Inc. (EB File No. EB-06-TC-049, January 27, 2006). On December 29, 2006, subsequent to the initiation of this investigation, the Commission approved the merger between AT&T and Bellsouth. Accordingly,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.txt
  • FCC Rcd 14860 (2002). 47 C.F.R. § 64.2007; see also 47 U.S.C. § 222(c)(1); except that carriers 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.'' 47 C.F.R. § 64.2005(a). 47 C.F.R. § 64.2008(a). 47 C.F.R. § 64.2003(i). 47 C.F.R. § 64.2008(d)(3)(ii). 47 C.F.R. § 64.2009(a). See Letter from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, to Michelle Thomas, AT&T Inc. (EB File No. EB-06-TC-049, January 27, 2006). On December 29, 2006, subsequent to the initiation of this investigation, the Commission approved the merger between AT&T and Bellsouth. Accordingly,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.txt
  • slammed. Legal Basis: 47 U.S.C. 151, 154, 201-205, 258 and 303(r). Section Number and Title: 64.1130 Letter of agency form and content. 64.1170 Reimbursement procedures where the subscriber has paid charges. 64.1190 Preferred carrier freezes. SUBPART U-CUSTOMER PROPRIETARY NETWORK INFORMATION Brief Description: Subpart U implements the provisions of section 222 of the Act concerning customer proprietary network information (CPNI). Section 64.2005 describes the circumstances under which carriers may, and may not, use, disclose or permit access to customer CPNI without prior customer approval. Paragraph (d) allows carriers to use, disclose, or permit access to CPNI to protect the rights or property of the carrier, or to protect users of the carrier's services and other carriers from fraudulent, abusive, or unlawful use
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272953A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272953A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272953A1.txt
  • 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. In section 64.2003, paragraphs (l), (p), and (q) are redesignated as paragraphs (m), (q), and (r), respectively. In section 64.2005(c)(3), the text is amended to read as follows: (3) LECs, CMRS providers, and entities that provide interconnected VoIP service as that term is defined in section 9.3 of these rules, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-288532A1.pdf
  • 23 (1998) ("1998 Order"). To delineate the bounds of implicit customer approval, the Commission adopted the "total service approach," which turned on a distinction between three traditional categories of telecommunications services: local telephone service, interexchange (primarily long distance calling service), and commercial mobile radio services (primarily mobile or cellular phone service). Id. ¶¶ 24, 27; see also 47 C.F.R. § 64.2005(a). The 1998 Order provided that carriers could infer customer Case: 07-1312 Document: 01215509822 Page: 3 4 approval within the confines of existing service in one or more of the categories above. 1998 Order ¶ 25. Implicit approval also extended to customer information sharing with carriers' affiliates who provide one of the other service types within the existing service relationship between
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-247A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-247A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-247A1.txt
  • amended, CC Docket Nos. 96-115 and 96-149, Order on Reconsideration and Petitions for Forbearance, 14 FCC Rcd 14409 (1999) (CPNI Reconsideration Order.). On November 1, 1999, MCI Communications Corp. filed a Petition for Further Reconsideration. We will address MCI's Petition in a separate order. CPNI Reconsideration Order, 14 FCC Rcd at 14464, paras. 109-110. In particular, the Order expanded Section 64.2005 of the Commission's rules, 47 C.F.R. § 64.2005, which codifies the total service approach, to include customer premises equipment and some information services. Only one carrier, Omnipoint Communications, Inc., requested that we reconsider that the Commission ``opt-in'' approach, and limited its request to CMRS carriers only. CPNI Reconsideration Order, 14 FCC Rcd at 14463-64, paras. 107-08. The Commission denied Omnipoint's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-10A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-10A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-10A1.txt
  • is aware that its carrier has access to CPNI, and, through subscription to the carrier's service, has implicitly approved the carrier's use of CPNI within that existing relationship.'' CPNI Order, 13 FCC Rcd at 8080, para. 23 (introducing the ``total service approach'' to defining the boundaries of a customer's implied consent concerning use of CPNI); see also 47 C.F.R. § 64.2005(a). Except as required by law, carriers may not disclose CPNI to third parties or their own affiliates that do not provide communications-related services unless the consumer has given ``opt in'' consent, which is express written, oral, or electronic consent. 47 C.F.R. §§ 64.2005(b), 64.2007(b)(3); 64.2008(e); see also 47 C.F.R. § 64.2003(h) (defining ``opt-in approval''). Under the Commission's current rules, carriers
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.txt
  • address; or date of birth. (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. Section 64.2005(c)(3) is amended to read as follows: (3) LECs, CMRS providers, and entities that provide interconnected VoIP service as that term is defined in section 9.3 of these rules, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.txt
  • i.e., to be the ``dial tone'' for a consumer that uses relay to call to a voice telephone user, and because consumers do not pay for this service but rather providers are compensated pursuant to Title IV of the ADA, providers may not offer relay users financial and similar incentives, directly or indirectly, to use their service. In contrast, section 64.2005(a) of the Commission's CPNI rules permits a carrier to ``use, disclose, or permit access to CPNI for the purpose of providing or marketing service offerings'' among the categories of service to which the customer already subscribes from the carrier, and section 64.2005(c)(3) permits the use or disclosure of CPNI ``to market services formerly known as adjunct-to-basic services.'' In light of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-107A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-107A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-107A1.txt
  • purposes); U S West Communications, Inc. v. FCC, 177 F.3d 1058, 1059-60 (D.C. Cir. 1999) (noting that the term ``provide'' used in different places in the Communications Act can be subject to different meanings depending on context). See 47 C.F.R. §§ 1.47, 6.1, 6.3(e), 12.3, 43.11, 52.12, 52.13, 52.17, 52.21(h), 52.32, 52.33, 52.34, 52.35(e)(1), 52.36(d), 54.5, 54.706, 54.708, 63.60, 64.2003, 64.2005. 47 C.F.R. §§ 1.1200 et seq. Pub. L. No. 107-198. 44 U.S.C. § 3506(c)(4). Location Accuracy FNPRM and NOI at Appendix. See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). See
• http://transition.fcc.gov/eb/Orders/2009/DA-09-16A1.html
  • FCC Rcd 14860 (2002). 47 C.F.R. S: 64.2007; see also 47 U.S.C. S: 222(c)(1); except that carriers 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." 47 C.F.R. S: 64.2005(a). 47 C.F.R. S: 64.2008(a). 47 C.F.R. S: 64.2003(i). 47 C.F.R. S: 64.2008(d)(3)(ii). 47 C.F.R. S: 64.2009(a). See Letter from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, to Michelle Thomas, AT&T Inc. (EB File No. EB-06-TC-049, January 27, 2006). On December 29, 2006, subsequent to the initiation of this investigation, the Commission approved the merger between AT&T and Bellsouth. Accordingly,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99223.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99223.txt
  • We further conclude that CMRS carriers may use CPNI, without customer approval, to market all information services, while wireline carriers may do so for certain information services. We deny the petitions for forbearance on these issues.16 (d) We eliminate the restrictions on a carrier's ability to use CPNI to regain customers who have switched to another carrier, contained in Section 64.2005(b)(3) of our rules. We find that "winback" campaigns are consistent with Section 222(c)(1). The Order concludes, however, that if a carrier uses information regarding a customer's decision to switch carriers derived from Federal Communications Commission FCC 99-223 17 See discussion infra Part V.C. 18 See discussion infra Part VI.A. 19 See discussion infra Part VI.B. 20 See discussion infra Part
• http://www.fcc.gov/ogc/documents/opinions/1999/uswestcpni.html
  • pt. 64, subpt. U (1998). The regulations adopted by the CPNI Order interpret 222(c)(1) through a framework known as the "total service approach." That approach divides the term "telecommunications service" into three service categories: (1) local; (2) interexchange (which includes most long-distance toll service); and (3) commercial mobile radio service ("CMRS") (which includes mobile or cellular service). See 47 C.F.R. 64.2005(a). Broadly stated, the regulations permit a telecommunications carrier to use, disclose, or share CPNI for the purpose of marketing products within a category of service to customers, provided the customer already subscribes to that category of service. See id. However, the carrier may not, without customer approval, use, disclose, or permit access to CPNI for the purpose of marketing categories