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               DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                         PUBLIC SERVICE COMMISSION

             PRIVACY STANDARDS FOR TELECOMMUNICATION SERVICES


(By authority conferred on the public service commission  by   sections   213 
and 503 of Act No. 179 of the Public  Acts  of  1991,   as   amended,   being 
SS484.2213 and 484.2503 of the Michigan Compiled Laws)


R  484.201   Definitions.
  Rule 1. As used in these rules:
  (a) "Aggregate information" means collective  data  which   relate   to   a 
group or category of services  or  customers   and   from   which  individual 
customer identities or characteristics have been removed.
  (b) "Automatic number identification" or "ANI" means the  delivery  of  the 
calling party's billing number by  a  provider  of   basic   local   exchange 
service to any interconnecting provider for billing   or   routing   purposes 
and to the subsequent delivery of the number to end users.
  (c) "Calling party number" or "CPN" means the subscriber  line  number   or 
the directory number contained in the calling party  number  the  call  setup 
message associated with a call  on  a  signaling  system  7 network.
  (d) "Charge number" means the delivery of the   calling   party's   billing 
number in a signaling system 7 environment by a provider   of   basic   local 
exchange service to any interconnecting provider  for   billing  or   routing 
purposes and the subsequent delivery of the number to end users.
  (e) "Privacy indicator" means the information that is  contained   in   the 
calling party number parameter of the setup message associated with a call on 
a signaling system 7 network  that  indicates  whether  the   calling   party 
authorizes presentation of the calling party number to the  called  party.
  (f)  "Signaling  system  7"  or  "SS7"   means    a    provider-to-provider 
out-of-band signaling network that is used for call  routing,  billing,  data 
packet services, and network management.

  History: 1996 AACS.


R  484.202   Provider using SS7 and offering   or   subscribing  to   service 
based on  SS7  call  setup;   transmittal   of   calling   party  number   to 
interconnecting provider required.
  Rule 2. A provider, including a  tandem   provider   or   an  interexchange 
carrier, using SS7 and offering or subscribing to any service  based  on  SS7 
call  setup  functionality  shall   transmit   the   calling  party    number 
associated with a call to an interconnecting provider if  it  is  technically 
feasible to do so.

  History: 1996 AACS.


R  484.203   Provider using SS7 and offering  or  subscribing
 to  service based on SS7 call setup; privacy requirements.
  Rule 3. Where technically feasible, an originating  provider using  SS7 and 
offering  or  subscribing   to   a   service   based   on   SS7  call   setup 
functionality shall recognize *67 dialed as the first 3 digits of a  call, or 
1167 for rotary or pulse-dialing  telephones,  as  a  caller's  request   for 
privacy on a call. Where technically  feasible,  a   provider   that   offers 
blocking services shall recognize *82 dialed as the first 3   digits   of   a 
call, or 1182 for  rotary  or  pulse-dialing   telephones,   as  a   caller's 
request that privacy not be provided on a call. A provider subscribing  to or 
offering any service  that   delivers   calling   party   number  shall   not 
override the privacy indicator associated  with  a   call.   To  the   extent 
technically feasible and practicable, a provider shall  attempt  to   arrange 
its CPN-based services in a manner that does not reveal a caller's  number or 
name when the caller requests privacy. Further, a  provider  shall   not  use 
the number or name of a caller that has requested privacy   by   dialing  the 
appropriate blocking code to  allow  the  called   party   to   contact   the 
calling party. The terminating provider shall 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.

  History: 1996 AACS.


R  484.204   Provider subscribing to or  offering  service  that  delivers
  calling party number; charge prohibitions.
  Rule 4. A provider subscribing to or offering a service  that  delivers   a 
calling party number shall not impose a charge in either  of  the   following 
circumstances:
  (a) On a calling party that has  requested  per  call   blocking   of   the 
calling party's telephone number.
  (b) On a connecting provider for  the  delivery  of   the   calling   party 
number parameter or an associated privacy indicator.

  History: 1996 AACS.


R  484.205   Nonapplicability  of  R  484.203   to   calling  party    number 
delivery services in certain circumstances.
  Rule 5. (1) R 484.203 shall not apply to calling  party   number   delivery 
services in any of the following circumstances:
  (a) A call that originates and terminates on a limited system,  such  as  a 
centrex service, virtual private network, or  a   private   branch   exchange 
system.
  (b) A call on a public agency's emergency telephone line.
  (c) A call in conjunction with 9-1-1 emergency services.
  (d) A call on an emergency assistance poison control telephone line.
  (e) A call that is subject to  a  legally  authorized   call   tracing   or 
trapping procedure that is specifically requested   by   a   law  enforcement 
agency.
  (2) A provider may choose to disregard a presentation indicator  in  any of 
the circumstances described in subrule (1)  of  this   rule,   but   is   not 
required to do so.

  History: 1996 AACS.


R  484.206   Provider of automatic number identification or charge  number
  services; telephone subscriber information; disclosure restrictions.
  Rule 6. A provider of automatic number identification  or   charge   number 
services shall provide service pursuant to a contract  or   a   tariff   that 
contains the following provisions with   respect   to   telephone  subscriber 
information:
  (a) A subscriber to an ANI or charge number service shall  be  permitted to 
use the telephone  number  and   billing   information   for   any   of   the 
following activities:
  (i) Billings and collections.
  (ii)  Routing,  screening,  and  completing   the   originating   telephone 
subscriber's call or transaction.
  (iii) Providing services directly related to  the   originating   telephone 
subscriber's call or transaction.
  (b) A subscriber to an ANI or charge number  service  shall  be  prohibited 
from using the telephone number and billing information  for   any   of   the 
following activities:
  (i) The reuse or sale of the telephone   number   or   billing  information 
without the express, affirmative  consent  of   the   originating   telephone 
subscriber.
  (ii) Disclosure of any information  derived  from   an   automatic   number 
identification  or  charge  number  service,  except    as    permitted    by 
subdivisions (a) and (b)(i) of this rule or in order  to  do   any   of   the 
following:
  (A) To perform a service  or  transaction  that  is  a   subject   of   the 
originating telephone subscriber's call.
  (B) To ensure network performance security.
  (C) To ensure the effectiveness of call delivery.
  (D) To compile aggregate information for use and disclosure.
  (E) To comply with a law or legal process.

  History: 1996 AACS.


R  484.207   Permitted use of certain information by person subscribing to
  automatic number  identification  services  or  charge  number  service;
  adoption of federal standards by reference; waiver.
  Rule 7. (1) Notwithstanding any  other  provision   of   these  rules,   in 
conjunction with the offer of a product or a service to a  caller   that   is 
directly related to a product or a service that was  previously  acquired  by 
that caller, a person subscribing to an   automatic   number   identification 
service  or  a  charge  number  service  may  use  any   of   the   following 
information:
  (a) The telephone number of the caller.
  (b) Billing information.
  (c) Other information derived from the automatic  number  identification or 
charge number services.
  (d)  An  analysis  of  the  characteristics   of    a    telecommunications 
transmission.
  (2) Use of the information described in subrule (1) of this rule  shall  be 
subject to the requirements of  47  C.F.R.  SS64.1200  and 64.1504(c),  which 
are adopted by reference in these rules and are available  from  the Michigan 
Public Service Commission,  P.O.  Box  30221,  Lansing,  Michigan  48909,  or 
from the  Superintendent  of  Documents  of  the  United   States  Government 
Printing Office,  P.O.  Box  371954,  Pittsburgh,   Pennsylvania  15250-7954, 
((202) 512-1800), at a cost as of  the  time  of  adoption  of these rules of 
$14.00 for a single volume that contains both standards.
  (3) A waiver granted by  the  federal  communications   commission   to   a 
specific provider of any requirement in 47  C.F.R.  S64.1200  or  S64.1504(c) 
shall be recognized by the commission as a waiver of  the  same   requirement 
adopted by reference in subrule 2 of this rule for that provider.

  History: 1996 AACS.


R  484.208   Provider offering calling party number, ANI, or charge number
  service; notification to subscriber that  number  may  be  disclosed  to
  called party.
  Rule 8. (1) A provider that participates  in   the   offering  of   calling 
party number, ANI, or charge number service and that has  not  yet   notified 
its subscribers that their telephone numbers may be disclosed  to  a   called 
party, shall notify its subscribers, either individually  or  in  conjunction 
with other providers, that  the  subscribers'  telephone   numbers   may   be 
disclosed to a called party.
  (2) A notification required pursuant to subrule (1) of this  rule  shall be 
made not more than 6 months after the effective date of these  rules  and  at 
such times thereafter as to ensure notice to subscribers.
  (3) A notification made pursuant to this rule shall  inform subscribers  of 
all of the following if the information is relevant to the subscribers:
  (a)  How  to  maintain  privacy  by  dialing  *67  or,   for   rotary    or 
pulse-dialing phones, 1167.
  (b) Whether dialing *82 or, for rotary or pulse-dialing  phones,  1182   is 
necessary to present the  subscriber's  calling  party   number   to   called 
parties.
  (c) Restrictions on the reuse or sale of subscriber information for  ANI or 
charge number service for which privacy is not provided.

  History: 1996 AACS.
 



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