Comment sought on Public Knowledge Petition for Declaratory Ruling
Federal Communications Commission
News Media Information 202 / 418-0500445 12th St., S.W.
Washington, D.C. 20554
Release Date: December 18, 2013
WIRELINE COMPETITION BUREAU SEEKS COMMENT ON PETITION OF PUBLIC
KNOWLEDGE FOR DECLARATORY RULING THAT SECTION 222 OF THE
COMMUNICATIONS ACT PROHIBITS TELECOMMUNICATIONS PROVIDERS FROM
SELLING NON-AGGREGATE CALL RECORDS WITHOUT CUSTOMERS’ CONSENT
WC Docket No. 13-306
Comment Date: January 17, 2014
Reply Comment Date: February 3, 2014
Knowledge et al. on December 11, 2013,1 requesting that the Commission issue a declaratory ruling that:
1) under Section 222 of the Communications Act of 1934, as amended,2 non-aggregate call records that
have been purged of personal identifiers but that leave customers’ individual characteristics intact are
protected as individually identifiable customer proprietary network information (CPNI), and 2)
telecommunications providers, including AT&T, Verizon, Sprint, and T-Mobile, are prohibited from
selling or sharing such records with third parties without customers’ consent.3
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419,
interested parties may file comments and reply comments on or before the dates indicated on the first
page of this document. Comments may be filed using the Commission’s Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
1 Petition of Public Knowledge et al. for Declaratory Ruling Stating that the Sale of Non-Aggregate Call Records by
Telecommunications Providers without Consumers’ Consent Violates Section 222 of the Communications Act, WC
Docket No. 13-306 (filed Dec. 11, 2013) (Petition); 47 C.F.R. § 1.2.
2 47 U.S.C. § 222.
3 Petition at 11. The Petition was filed jointly by Public Knowledge, Benton Foundation, Center for Digital
Democracy, Center for Media Justice, Chris Jay Hoofnagle, Common Cause, Consumer Action, Electronic Frontier
Foundation, Electronic Privacy Information Center, Free Press, New America Foundation’s Open Technology
Institute, and U.S. PIRG.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail to firstname.lastname@example.org or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.4 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation. Persons making oral ex parte presentations are reminded that
memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in
the meeting at which the ex parte presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted in whole or in part of the
presentation of data or arguments already reflected in the presenter’s written comments, memoranda or
other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her
prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers
where such data or arguments can be found) in lieu of summarizing them in the memorandum.
Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule
1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must
be filed through the electronic comment filing system available for that proceeding, and must be filed in
their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should
familiarize themselves with the Commission’s ex parte rules.
For further information, please contact Kristine Fargotstein, Competition Policy Division,
Wireline Competition Bureau at (202) 418-2774, or via email at Kristine.Fargotstein@fcc.gov.
- FCC -
4 47 C.F.R. §§ 1.1200 et seq.
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