Page:United States Statutes at Large Volume 110 Part 1.djvu/172

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110 STAT. 148 PUBLIC LAW 104-104—FEB. 8, 1996 "(1) The term *pay-per-call services' has the meaning provided in section 228(i) of the Communications Act of 1934, except that the Commission by rule may, notwithstanding subparagraphs (B) and (C) of section 228(i)(l) of such Act, extend such definition to other similar services providing audio information or audio entertainment if the Commission determines that such services are susceptible to the unfair and deceptive practices that are prohibited by the rules prescribed pursuant to section 201(a).". (2) COMMUNICATIONS ACT. —Section 228(i)(2) (47 U.S.C. 228(i)(2)) is amended by striking "or any service the charge for which is tariffed,". SEC. 702. PRIVACY OF CUSTOMER INFORMATION. Title II is amended by inserting after section 221 (47 U.S.C. 221) the following new section: 47 USC 222. "SEC. 222. PRIVACY OF CUSTOMER INFORMATION. "(a) IN GENERAL.—Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier. "(b) CONFIDENTIALITY OF CARRIER INFORMATION.— A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts. "(c) CONFIDENTIALITY OF CUSTOMER PROPRIETARY NETWORK INFORMATION.— "(1) PRIVACY REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS.— Except as required by law or with the approval of the customer, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of (A) the telecommunications service from which such information is derived, or (B) services necessary 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 customer, to any person designated by the customer. "(3) AGGREGATE CUSTOMER INFORMATION. — A telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service may use, disclose, or permit access to aggregate customer information 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 nondiscriminatory terms and conditions upon reasonable request therefor.