§ 64.5105   Use of customer proprietary network information without customer
approval.

   (a) A TRS provider may use, disclose, or permit access to CPNI for the
   purpose of providing or lawfully marketing service offerings among the
   categories of service (i.e., type of TRS) for which the TRS provider is
   currently the default provider for that customer, without customer approval.

   (1) If a TRS provider provides different categories of TRS, and the TRS
   provider is currently the default provider for that customer for more than
   one category of TRS offered by the TRS provider, the TRS provider may share
   CPNI  among  the TRS provider's affiliated entities that provide a TRS
   offering to the customer.

   (2) If a TRS provider provides different categories of TRS, but the TRS
   provider is currently not the default provider for that customer for more
   than one offering by the TRS provider, the TRS provider shall not share CPNI
   with its affiliates, except as provided in § 64.5107(b) of this subpart.

   (b) A TRS provider shall not use, disclose, or permit access to CPNI as
   described in this paragraph (b).

   (1) A TRS provider shall not use, disclose, or permit access to CPNI to
   market to a customer TRS offerings that are within a category of TRS for
   which  the TRS provider is not currently the default provider for that
   customer, unless that TRS provider has customer approval to do so.

   (2) A TRS provider shall not identify or track CPNI of customers that call
   competing TRS providers and, notwithstanding any other provision of this
   subpart, a TRS provider shall not use, disclose or permit access to CPNI
   related to a customer call to a competing TRS provider.

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

   (1) A TRS provider may use, disclose or permit access to CPNI derived from
   its provision of TRS without customer approval, for the provision of CPE or
   iTRS  access  technology,  and  call answering, voice or video mail or
   messaging, voice or video storage and retrieval services.

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

   (3)  A TRS provider may use CPNI, without customer approval, to market
   services formerly known as adjunct-to-basic services, such as, but not
   limited to, speed dialing, call waiting, caller I.D., and call forwarding,
   only to those customers that are currently registered with that TRS provider
   as their default provider.

   (4) A TRS provider shall use, disclose, or permit access to CPNI to the
   extent necessary to:

   (i) Accept and handle 911/E911 calls;

   (ii) Access, either directly or via a third party, a commercially available
   database that will allow the TRS provider to determine an appropriate Public
   Safety Answering Point, designated statewide default answering point, or
   appropriate local emergency authority that corresponds to the caller's
   location;

   (iii) Relay the 911/E911 call to that entity; and

   (iv)  Facilitate the dispatch and response of emergency service or law
   enforcement  personnel to the caller's location, in the event that the
   911/E911 call is disconnected or the caller becomes incapacitated.

   (5)  A TRS provider shall use, disclose, or permit access to CPNI upon
   request by the administrator of the TRS Fund, as that term is defined in
   § 64.604(c)(5)(iii) of this part, or by the Commission for the purpose of
   administration and oversight of the TRS Fund, including the investigation
   and prevention of fraud, abuse, and misuse of TRS and seeking repayment to
   the TRS Fund for non-compensable minutes.

   (6) A TRS provider may use, disclose, or permit access to CPNI to protect
   the rights or property of the TRS provider, or to protect users of those
   services, other TRS providers, and the TRS Fund from fraudulent, abusive, or
   unlawful use of such services.

   [ 79 FR 40613 , July 5, 2013]

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