Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information; Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Connumications Act of 1934, as Amended

This document adopts rules to implement section 222 of the Communications Act of 1934 (as amended by the Telecommunications Act of 1996), which governs carriers' use and disclosure of customer proprietary network information (CPNI). This document affirms the continued use of the total service approach to define what carriers may do under section 222(c)(1) without notice to customers, and allows a carrier to choose whether to use an opt-out or opt-in approval method for obtaining customer approval for a carrier to use its customer's individually identifiable CPNI for the purpose of marketing communications-related services to that customer. Specifically, this document allows the use of CPNI by carriers or disclosure to their affiliated entities providing communications-related services, as well as third-party agents and joint venture partners providing communications-related services, only after a carrier receives a customer's knowing consent in the form of notice and "opt-out" approval. This document also permits disclosure of CPNI to unrelated third parties or to carrier affiliates that do not provide communications-related services requires express customer consent, described as "opt-in" approval. This document also further refines the rules governing the process by which carriers provide notification to customers of their CPNI rights. Specifically, it clarifies the form, content and frequency of carrier notices. Additionally, this document affirms the Federal Communications Commission's conclusion that customers' preferred carrier (PC) freeze information constitutes CPNI and thereby warrants privacy protection pursuant to section 222, and announces the Commission's decision to forbear from imposing the express consent requirements announced in this document with respect to PC-freezes. This document also reaffirms existing Commission rules addressing winback and retention marketing, and declines to adopt further rules regarding a carrier's denial of CPNI to anothe