§  64.2005   Use of customer proprietary network information without customer
approval.

   (a) Any telecommunications carrier 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.

   (1) If a telecommunications carrier provides different categories of
   service, and a customer subscribes to more than one category of service
   offered by the carrier, the carrier is permitted to share CPNI among
   the carrier's affiliated entities that provide a service offering to
   the customer.

   (2) If a telecommunications carrier provides different categories of
   service, but a customer does not subscribe to more than one offering by
   the carrier, the carrier is not permitted to share CPNI with its
   affiliates, except as provided in §  64.2007(b).

   (b) A telecommunications carrier may not use, disclose, or permit
   access to CPNI to market to a customer service offerings that are
   within a category of service to which the subscriber does not already
   subscribe from that carrier, unless that carrier has customer approval
   to do so, except as described in paragraph (c) of this section.

   (1) A wireless provider may use, disclose, or permit access to CPNI
   derived from its provision of CMRS, without customer approval, for the
   provision of CPE and information service(s). A wireline carrier may
   use, disclose or permit access to CPNI derived from its provision of
   local exchange service or interexchange service, without customer
   approval, for the provision of CPE and call answering, voice mail or
   messaging, voice storage and retrieval services, fax store and forward,
   and protocol conversion.

   (2) A telecommunications carrier may not use, disclose or permit access
   to CPNI to identify or track customers that call competing service
   providers. For example, a local exchange carrier may not use local
   service CPNI to track all customers that call local service
   competitors.

   (c) A telecommunications carrier may use, disclose, or permit access to
   CPNI, without customer approval, as described in this paragraph (c).

   (1) A telecommunications carrier may use, disclose, or permit access to
   CPNI, without customer approval, in its provision of inside wiring
   installation, maintenance, and repair services.

   (2) CMRS providers may use, disclose, or permit access to CPNI for the
   purpose of conducting research on the health effects of CMRS.

   (3) LECs, CMRS providers, and entities that provide interconnected VoIP
   service as that term is defined in §  9.3 of this chapter, 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 return, repeat dialing, call tracking, call
   waiting, caller I.D., call forwarding, and certain centrex features.

   (d) A telecommunications carrier may use, disclose, or permit access to
   CPNI 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 services.

   [ 63 FR 20338 , Apr. 24, 1998, as amended at  64 FR 53264 , Oct. 1, 1999;
    67 FR 59211 , Sept. 20, 2002;  72 FR 31962 , June 8, 2007]

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