47 U.S.C. § 221 — Consolidations and mergers of telephone

Page 55 TITLE 47—TELECOMMUNICATIONS § 221 course of examination of books or other ac- counts, as hereinbefore provided, except insofar as he may be directed by the Commission or by a court. (g) Use of other forms; alterations in prescribed forms After the Commission has prescribed the forms and manner of keeping of accounts, records, and memoranda to be kept by any per- son as herein provided, it shall be unlawful for such person to keep any other accounts, records, or memoranda than those so prescribed or such as may be approved by the Commission or to keep the accounts in any other manner than that prescribed or approved by the Commission. Notice of alterations by the Commission in the required manner or form of keeping accounts shall be given to such persons by the Commis- sion at least six months before the same are to take effect. (h) Exemption; regulation by State commission The Commission may classify carriers subject to this chapter and prescribe different require- ments under this section for different classes of carriers, and may, if it deems such action con- sistent with the public interest, except the car- riers of any particular class or classes in any State from any of the requirements under this section in cases where such carriers are subject to State commission regulation with respect to matters to which this section relates. (i) Consultation with State commissions The Commission, before prescribing any re- quirements as to accounts, records, or memo- randa, shall notify each State commission hav- ing jurisdiction with respect to any carrier in- volved, and shall give reasonable opportunity to each such commission to present its views, and shall receive and consider such views and rec- ommendations. (j) Report to Congress on need for further legis- lation The Commission shall investigate and report to Congress as to the need for legislation to de- fine further or harmonize the powers of the Commission and of State commissions with re- spect to matters to which this section relates. (June 19, 1934, ch. 652, title II, § 220, 48 Stat. 1078; Pub. L. 101–239, title III, § 3002(f), Dec. 19, 1989, 103 Stat. 2131; Pub. L. 103–414, title III, §§ 303(a)(7), (8), 304(a)(5), Oct. 25, 1994, 108 Stat. 4294, 4296; Pub. L. 104–104, title IV, § 403(d), (e), Feb. 8, 1996, 110 Stat. 130.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) and (h), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communica- tions Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–104, § 403(d), substituted ‘‘may prescribe, for such carriers as it determines to be appropriate,’’ for ‘‘shall prescribe for such carriers’’. Subsec. (c). Pub. L. 104–104, § 403(e), inserted at end ‘‘The Commission may obtain the services of any per- son licensed to provide public accounting services under the law of any State to assist with, or conduct, audits under this section. While so employed or en- gaged in conducting an audit for the Commission under this section, any such person shall have the powers granted the Commission under this subsection and shall be subject to subsection (f) in the same manner as if that person were an employee of the Commission.’’ 1994—Subsec. (a). Pub. L. 103–414, § 303(a)(7), des- ignated existing provisions as par. (1) and added par. (2). Subsec. (b). Pub. L. 103–414, § 304(a)(5), struck out ‘‘, as soon as practicable,’’ after ‘‘The Commission shall’’. Pub. L. 103–414, § 303(a)(8), substituted ‘‘classes’’ for ‘‘clasess’’ after ‘‘prescribed the’’ in third sentence. 1989—Subsec. (d). Pub. L. 101–239 substituted ‘‘$6,000’’ for ‘‘$500’’. § 221. Consolidations and mergers of telephone companies (a) Repealed. Pub. L. 104–104, title VI, § 601(b)(2), Feb. 8, 1996, 110 Stat. 143 (b) State jurisdiction over services Subject to the provisions of sections 225 and 301 of this title, nothing in this chapter shall be construed to apply, or to give the Commission jurisdiction, with respect to charges, classifica- tions, practices, services, facilities, or regula- tions for or in connection with wire, mobile, or point-to-point radio telephone exchange service, or any combination thereof, even though a por- tion of such exchange service constitutes inter- state or foreign communication, in any case where such matters are subject to regulation by a State commission or by local governmental authority. (c) Determination of property used in interstate toll service For the purpose of administering this chapter as to carriers engaged in wire telephone commu- nication, the Commission may classify the prop- erty of any such carrier used for wire telephone communication, and determine what property of said carrier shall be considered as used in inter- state or foreign telephone toll service. Such classification shall be made after hearing, upon notice to the carrier, the State commission (or the Governor, if the State has no State commis- sion) of any State in which the property of said carrier is located, and such other persons as the Commission may prescribe. (d) Valuation of property In making a valuation of the property of any wire telephone carrier the Commission, after making the classification authorized in this sec- tion, may in its discretion value only that part of the property of such carrier determined to be used in interstate or foreign telephone toll serv- ice. (June 19, 1934, ch. 652, title II, § 221, 48 Stat. 1080; Apr. 27, 1954, ch. 175, § 4, 68 Stat. 64; Aug. 2, 1956, ch. 874, § 3, 70 Stat. 932; Pub. L. 101–336, title IV, § 401(b)(2), July 26, 1990, 104 Stat. 369; Pub. L. 104–104, title VI, § 601(b)(2), Feb. 8, 1996, 110 Stat. 143.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning act June 19, 1934, Page 56 TITLE 47—TELECOMMUNICATIONS § 222 ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–104 struck out subsec. (a) relating to notification of State Governor and State commission, public hearing, and certification. 1990—Subsec. (b). Pub. L. 101–336 substituted ‘‘sec- tions 225 and 301’’ for ‘‘section 301’’. 1956—Subsec. (a). Act Aug. 2, 1956, inserted provisions relating to submission of comments by parties and re- quired a public hearing upon request, in lieu of former provisions requiring hearing upon application. 1954—Subsec. (b). Act Apr. 27, 1954, included mobile or point-to-point radio telephone exchange service within exclusions provided for in such subsection, where it is subject to regulation by a State commission or by local governmental authority, and made it clear that the Commission retains its licensing authority over the radio stations that might be involved in such service. § 222. Privacy of customer information (a) In general Every telecommunications carrier has a duty to protect the confidentiality of proprietary in- formation of, and relating to, other tele- communication carriers, equipment manufac- turers, and customers, including telecommuni- cation carriers reselling telecommunications services provided by a telecommunications car- rier. (b) Confidentiality of carrier information A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any tele- communications service shall use such informa- tion only for such purpose, and shall not use such information for its own marketing efforts. (c) Confidentiality of customer proprietary net- work information (1) Privacy requirements for telecommuni- cations carriers Except as required by law or with the ap- proval of the customer, a telecommunications carrier that receives or obtains customer pro- prietary network information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to in- dividually identifiable customer proprietary network information in its provision of (A) the telecommunications service from which such information is derived, or (B) services nec- essary to, or used in, the provision of such telecommunications service, including the publishing of directories. (2) Disclosure on request by customers A telecommunications carrier shall disclose customer proprietary network information, upon affirmative written request by the cus- tomer, to any person designated by the cus- tomer. (3) Aggregate customer information A telecommunications carrier that receives or obtains customer proprietary network in- formation by virtue of its provision of a tele- communications service may use, disclose, or permit access to aggregate customer informa- tion other than for the purposes described in paragraph (1). A local exchange carrier may use, disclose, or permit access to aggregate customer information other than for purposes described in paragraph (1) only if it provides such aggregate information to other carriers or persons on reasonable and nondiscrim- inatory terms and conditions upon reasonable request therefor. (d) Exceptions Nothing in this section prohibits a tele- communications carrier from using, disclosing, or permitting access to customer proprietary network information obtained from its cus- tomers, either directly or indirectly through its agents— (1) to initiate, render, bill, and collect for telecommunications services; (2) to protect the rights or property of the carrier, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such serv- ices; (3) to provide any inbound telemarketing, referral, or administrative services to the cus- tomer for the duration of the call, if such call was initiated by the customer and the cus- tomer approves of the use of such information to provide such service; and (4) to provide call location information con- cerning the user of a commercial mobile serv- ice (as such term is defined in section 332(d) of this title) or the user of an IP-enabled voice service (as such term is defined in section 615b of this title)— (A) to a public safety answering point, emergency medical service provider or emer- gency dispatch provider, public safety, fire service, or law enforcement official, or hos- pital emergency or trauma care facility, in order to respond to the user’s call for emer- gency services; (B) to inform the user’s legal guardian or members of the user’s immediate family of the user’s location in an emergency situa- tion that involves the risk of death or seri- ous physical harm; or (C) to providers of information or database management services solely for purposes of assisting in the delivery of emergency serv- ices in response to an emergency. (e) Subscriber list information Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides tele- phone exchange service shall provide subscriber list information gathered in its capacity as a provider of such service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of pub- lishing directories in any format. (f) Authority to use location information For purposes of subsection (c)(1), without the express prior authorization of the customer, a customer shall not be considered to have ap- proved the use or disclosure of or access to— (1) call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d) of this title) or the user of an IP-enabled voice service (as