§ 64.5107   Approval required for use of customer proprietary network
information.

   (a) A TRS provider may obtain approval through written, oral, electronic, or
   sign language methods.

   (1) A TRS provider relying on oral or sign language approval shall bear the
   burden of demonstrating that such approval has been given in compliance with
   the Commission's rules in this part.

   (2)  Approval  or  disapproval to use, disclose, or permit access to a
   customer's CPNI obtained by a TRS provider must remain in effect until the
   customer revokes or limits such approval or disapproval. A TRS provider
   shall  accept  any such customer revocation, whether in written, oral,
   electronic, or sign language methods.

   (3) A TRS provider must maintain records of approval, whether oral, written,
   electronic, or sign language, during the time period that the approval or
   disapproval is in effect and for at least one year thereafter.

   (b)  Use of opt-in and opt-out approval processes. (1) Opt-in approval
   requires that the TRS provider obtain from the customer affirmative, express
   consent allowing the requested CPNI usage, disclosure, or access after the
   customer is provided appropriate notification of the TRS provider's request
   consistent with the requirements set forth in this subpart.

   (2) With opt-out approval, a customer is deemed to have consented to the
   use, disclosure, or access to the customer's CPNI if the customer has failed
   to object thereto within the waiting period described in § 64.5108(d)(1) of
   this subpart after the TRS provider has provided to the customer appropriate
   notification of the TRS provider's request for consent consistent with the
   rules in this subpart.

   (3)  A  TRS  provider  may only use, disclose, or permit access to the
   customer's  individually  identifiable CPNI with the customer's opt-in
   approval, except as follows:

   (i) Where a TRS provider is permitted to use, disclose, or permit access to
   CPNI without customer approval under § 64.5105 of this subpart.

   (ii) Where a TRS provider is permitted to use, disclose, or permit access to
   CPNI by making use of customer opt-in or opt-out approval under paragraph
   (?)(4) of this section.

   (4) A TRS provider may make use of customer opt-in or opt-out approval to
   take the following actions with respect to CPNI:

   (i) Use its customer's individually identifiable CPNI for the purpose of
   lawfully marketing TRS-related services to that customer.

   (ii) Disclose its customer's individually identifiable CPNI to its agents
   and its affiliates that provide TRS-related services for the purpose of
   lawfully marketing TRS-related services to that customer. A TRS provider may
   also permit such persons or entities to obtain access to such CPNI for such
   purposes.

   [ 79 FR 40613 , July 5, 2013]

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