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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20054 DA 96-1922 In the Matter of ) ) Rules and Policies Regarding ) CC Docket No. 91-281 Calling Number Identification) Service -- Caller ID ) MEMORANDUM OPINION and ORDER Adopted: November 18, 1996 Released: November 19, 1996 By the Chief, Common Carrier Bureau I. INTRODUCTION 1. On October 8, 1996, Northeast Louisiana Telephone Company, Inc. ("NLTC") filed a petition for waiver of the Commission's Caller Identification ("Caller ID") privacy rules. Specifically, NLTC requests a waiver of the per-call blocking, per-call unblocking and automatic call return blocking requirements, until March 31, 1997. For the reasons discussed below, we grant NLTC's request. II. BACKGROUND A. Caller ID Rules 2. The Commission's Caller ID rules took effect, with limited exceptions, on December 1, 1995. Those rules require common carriers using Signaling System 7 ("SS7") to transmit the calling party number ("CPN") to interconnecting carriers on an interstate call. Those rules also require common carriers to notify subscribers that their telephone numbers may be identified by the calling party. 3. In addition to CPN transmission and subscriber notification requirements, the Commission developed rules to protect the privacy of the called and the calling party. Section 64.1601(b) requires carriers to recognize *67 as a request for privacy. Dialing *67 before placing a call, referred to as per call blocking, allows subscribers to block their numbers from transmission to the public switched network. Carriers must also recognize *82 as a request that the CPN be transmitted on an otherwise blocked line. Per call unblocking allows subscribers that have permanently blocked lines ("per line blocking") to unblock their lines on a per call basis, thus allowing passage of the CPN. Section 64.1601(b) also prohibits carriers from revealing the calling party's name or number, and prohibits carriers from allowing the called party to automatically return the call (via Automatic Call Return, or "ACR"), when the original calling party invokes privacy. 4. In the December 7, 1995 Order, the Common Carrier Bureau stayed the effectiveness of part of the May 5, 1995 Order for carriers that operate Siemens Stromberg Carlson DCO switches, until January 1, 1997. Specifically, the Bureau stayed those aspects of Section 64.1601(b) that require carriers to recognize *82 as a caller's request that privacy not be provided for calls that originate on lines served by DCO switches. Additionally, the *82 customer notification requirement of Section 64.1603 was stayed for the affected carriers. Finally, the Bureau stayed the prohibition of the use of *67 as an unblocking code for lines with per line blocking served by DCO switches. B. NLTC's October 8, 1996 Petition 5. NLTC is a rural carrier with one Siemens Stromberg Carlson DCO switch serving approximately 886 lines. The carrier requests a waiver of the Commission's requirement that carriers with lines served by DCO switches provide blocking and unblocking capabilities by January 1, 1997. NLTC also requests a waiver of the requirement that subscribers be able to block numbers on calls placed from lines equipped with the automatic call return feature. NLTC states that a waiver is needed because it must conduct multiple upgrades on its DCO switch in order to comply with the *82 blocking requirement, as well as state and federal interconnection rules. The carrier states that it saved approximately $20,000 to $30,000 by ordering all of the software at one time. It notes that it could not order the software until September 1996 because the Louisiana Public Utilities Commission did not clarify its interconnection guidelines until that time. The carrier further states that the software is expected to be delivered in December 1996, and that the late delivery date will make it impossible to meet the January 1, 1997 deadline for providing the unblocking functionality. III. DISCUSSION 6. The Commission may waive any provision of its rules, in whole or in part, if good cause is shown. 47 C.F.R.  1.3. We find that NLTC has shown good cause for waiver in this case. Because the carrier has to make multiple upgrades on its DCO switch in order to comply with both Caller ID and interconnection requirements, its decision to consolidate these upgrades is reasonable. Although the carrier's actions will cause it to miss the January 1, 1997 deadline, NLTC has sought a waiver for a limited time so that it can complete the switch upgrades. Under these circumstances, we conclude that granting the waiver will serve the public interest. 7. Accordingly, NLTC's request for a waiver until March 1, 1997 of the *82 requirement for its DCO switch is granted. The carrier's request regarding the automatic call return feature is also granted. Consistent with our previous stay of these requirements, the rule provision that would bar NLTC from using *67 as an unblocking device also is waived. We further waive our customer notification requirement regarding *82 unblocking capability for NLTC for the duration of the waiver. 8. To assist the Bureau in monitoring NLTC's prospective compliance with the Commission's rules, this waiver is conditioned on a requirement that NLTC file reports with the Network Services Division of the Common Carrier Bureau on February 1, 1997 and March 1, 1997. The reports shall contain the following information: (1) the status of switch software upgrades, and (2) an updated schedule, with an explanation of any failure to meet the previous schedule and a description of corrective action being taken. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to the authority contained in Section 0.291 of the Commission's rules, 47 C.F.R.  0.291, that the application of Section 64.1601(b), which requires carriers to provide *67 per-call blocking, provide *82 per-call unblocking, and block automatic call return when privacy has been requested by the original calling party, as these rules apply to lines served by NLTC, IS WAIVED until March 31, 1997. 10. IT IS FURTHER ORDERED, pursuant to the authority contained in Section 0.291 of the Commission's rules, 47 C.F.R.  0.291, that the application of Section 64.1603, which requires carriers to provide consumer notification regarding the *67 blocking and *82 unblocking capabilities, as it applies to lines served by NLTC, IS WAIVED until March 31, 1997. 11. IT IS FURTHER ORDERED that the grant of NLTC's waiver request is conditioned on NLTC's compliance with the requirements imposed by this Order. 12. IT IS FURTHER ORDERED that this order is effective thirty days after release of this order. FEDERAL COMMUNICATIONS COMMISSION Regina M. Keeney Chief, Common Carrier Bureau