§ 64.1601   Delivery requirements and privacy restrictions.

   (a) Delivery. Except as provided in paragraphs (d) and (e) of this
   section:

   (1) Telecommunications carriers and providers of interconnected Voice
   over Internet Protocol (VoIP) services, in originating interstate or
   intrastate traffic on the public switched telephone network (PSTN) or
   originating interstate or intrastate traffic that is destined for the
   PSTN (collectively “PSTN Traffic”), are required to transmit for all
   PSTN Traffic the telephone number received from or assigned to or
   otherwise associated with the calling party to the next provider in the
   path from the originating provider to the terminating provider. This
   provision applies regardless of the voice call signaling and
   transmission technology used by the carrier or VoIP provider. Entities
   subject to this provision that use Signaling System 7 (SS7) are
   required to transmit the calling party number (CPN) associated with all
   PSTN Traffic in the SS7 ISUP (ISDN User Part) CPN field to
   interconnecting providers, and are required to transmit the calling
   party's charge number (CN) in the SS7 ISUP CN field to interconnecting
   providers for any PSTN Traffic where CN differs from CPN. Entities
   subject to this provision who use multi-frequency (MF) signaling are
   required to transmit CPN, or CN if it differs from CPN, associated with
   all PSTN Traffic in the MF signaling automatic numbering information
   (ANI) field.

   (2) Intermediate providers within an interstate or intrastate call path
   that originates and/or terminates on the PSTN must pass unaltered to
   subsequent providers in the call path signaling information identifying
   the telephone number, or billing number, if different, of the calling
   party that is received with a call. This requirement applies to SS7
   information including but not limited to CPN and CN, and also applies
   to MF signaling information or other signaling information intermediate
   providers receive with a call. This requirement also applies to VoIP
   signaling messages, such as calling party and charge information
   identifiers contained in Session Initiation Protocol (SIP) header
   fields, and to equivalent identifying information as used in other VoIP
   signaling technologies, regardless of the voice call signaling and
   transmission technology used by the carrier or VoIP provider.

   (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;  76 FR 73882 , Nov. 29, 2011]

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