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Courier New (TT)Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT)dpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddd<d<BBYYdBBddBYBdYzzzzBBBBqodYYYYYYYYYYY8888dddddddndddddddWWWWxxxxxxWWWlS?$ T@l.VA$VTechnical 3Technical 3> Technical 4Technical 4?` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 1Technical 1@ Technical 7Technical 7A` hp x (#X` hp x (# X` hp x (#` hp x (#2^B$XC[D[E\Technical 8Technical 8B` hp x (#X` hp x (# X` hp x (#` hp x (#WP Heading 2WP Heading 2C44#6X@C@##Xv6X@CX@#WP Heading 1WP Heading 1D44#6X@C@# #Xv6X@CX@#toc 1toc 1E` hp x (#!(#B!(#B` hp x (#2\gF^GaH cI>etoc 2toc 2F` hp x (#` !(#B` !(#B` hp x (#toc 3toc 3G` hp x (#` !(# ` !(# ` hp x (#toc 4toc 4H` hp x (# !(#  !(# ` hp x (#toc 5toc 5I` hp x (#h!(# h!(# ` hp x (#2^nJgKviL"jM@ltoc 6toc 6J` hp x (#!(#!(#` hp x (#toc 7toc 7K toc 8toc 8L` hp x (#!(#!(#` hp x (#toc 9toc 9M` hp x (#!(#B!(#B` hp x (#2`uNnOpPrQvtindex 1index 1N` hp x (#` !(# ` !(# ` hp x (#index 2index 2O` hp x (#` !(#B` !(#B` hp x (#toa headingtoa headingP` hp x (#!(# !(# ` hp x (#captioncaptionQ 2wRluSruTpvU$w_Equation Caption_Equation CaptionR endnote referenceendnote referenceS HeadingChapter HeadingTJ d  ) I. ׃  Right ParRight-Aligned Paragraph NumbersU>a݅@  I.   X(# 2ۆVwWlxXzu{SubheadingSubheadingV0\ E A.  footnote textfootnote textW` hp x (#4 <DL!#XP\  P6QXP##C\  P6QP#4 <DL!` hp x (#head1 #X'd#2p}wC@ #"5^(1<d<d<BBoodBBddBoBddzzzzzzzzzzBBBBozdddddddYYYYY8888dddddddndddddYdxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCd]]ddddddFddddFCCddd88ddxxdddkddCddF"ddd9dCCxCdxdoddCdYds]xUvdYYCCCCxxxoxoYxLoYdYC8YooYdYxxdxddoYoYxxoxxxxxCdooxYxxxxCCddddxdddoooxCsdYC\   pxtll\tll@\@\`L2 X-  8A#XP\  P6QXP#Before the  X-~ FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554  X-T + DA 962 !J` 181 !J`  X(# X(#  Xv-X(#PIn the Matter of hh@) x` `  hh@)  XH-Rules and Policies Regardinghh@)hCC Docket No. 91281  X1-Calling Number Identificationhh@)  X -Service Caller ID hh@)  X -  MEMORANDUM OPINION and ORDER T  X -TP Adopted:` ` December 23, 1996hh@h Released: December 23, 1996 By the Chief, Common Carrier Bureau:  X- I. INTRODUCTION and BACKGROUND ă   X-  N 1.xSouthwestern Bell Telephone Company ("SWBT") seeks a stay of Section 64.1601(b) of  X- xkthe caller identification ("Caller ID") rules. XQ-#Xj\  P6G;XP##Xj\  P6G;XP#э 47 C.F.R.  64.1601. Section 64.1601 was adopted to permit callers to  xblock passage of their numbers when using Caller ID and other calling party number ("CPN")  xbased services. The carrier seeks a stay of the requirements that implement per call blocking  xk(*67) and per call unblocking (*82) on public payphones, hotel and motel lines, Centrex and  xPlexar lines, and lines equipped with the automatic call return ("ACR") feature. For the reasons  xdiscussed below, we grant SWBT's petition. In addition, on our own motion, we suspend the  xapplication of Section 64.1601(b) to party lines and the application of Section 64.1601(a) to LECs without CLASS software.  X -  2.xSection 64.1601(a) of the Commission's rules requires common carriers using Signaling  xSystem Seven ("SS7") to transmit the calling party number ("CPN") associated with an interstate  X- xcall to interconnecting carriers.Yy X$-#Xj\  P6G;XP#э Id.Y Section 64.1601(b) prohibits carriers from revealing a caller's  xname or number when the caller requests that information not be provided to the called party.  xSection 64.1601(b) also requires carriers employing SS7 to recognize *67 as a request for privacy  X"- xon an interstate call.[", Xs(-#Xj\  P6G;XP#э Id. [ This rule also requires that if a carrier offers per line blocking it must""0*0*0*!"  X- xrecognize *82 as a caller's request that the CPN not be blocked on an interstate call._WE Xy-#Xj\  P6G;XP#э Id._ Section 64.1601(b) applies to the delivery of the CPN, and extends to call return services.{ Y-#Xw PE37|XP#э See Rules and Policies Regarding Calling Number Identification Service Caller ID, Memorandum Opinion and Order on Reconsideration, Second Report and Order and Third  Y-Notice of Proposed Rulemaking ("Third Notice"), 10 FCC Rcd 11700, 11708 (1995)("May  Y-5, 1995 Order").   X-  3.xIn the May 5, 1995 Order, in response to requests for clarification of its Caller ID rules,  xthe Commission stated that carriers must provide blocking and unblocking capabilities on public  X- xLpayphones and party lines by January 1, 1997.o X' -#Xj\  P6G;ynXP#э Id. at 11739.o The Commission also stated that the Caller ID  Xv- xrules applied to hotel and motel lines.Yv X-#Xj\  P6G;ynXP#э Id.Y With the May 5, 1995 Order, the Commission released  X_- xya Third Notice that addressed Caller ID blocking and unblocking requirements as they apply to  xpayphones and private branch exchange systems ("PBXs"). On July 5, 1995, BellSouth filed for  X1- xreconsideration of the May 5, 1995 Order as it applied to blocking and unblocking requirements  X -on payphones, hotel and motel lines, party lines and lines equipped with the ACR feature. O  X-#Xj\  P6G;ynXP#э BellSouth's Petition for Partial Further Reconsideration and Partial Initial Reconsideration is referred to as the "BellSouth Reconsideration Petition."  X -  4.xOn September 28, 1995, SWBT filed a petition requesting that the Commission stay  X - xSection 64.1601(b)  Xo-#Xj\  P6G;ynXP#э 47 C.F.R.  64.1601(b). #x6X@`7X@#є of its rules until it ruled on issues raised in the BellSouth Reconsideration  X - xPetition and the Third Notice. In response, the Commission stayed the application of Section  x64.1601(b) for hotel and motel lines and lines equipped with the ACR feature until January 1,  X- x>1997.   X-#Xj\  P6G;ynXP#э Rule and Policies Regarding Calling Number Identification Service Caller ID, Order,  X-10 FCC Rcd 13819, 13820 (1995)("October 30, 1995 Order").  Section 64.1601(b) was stayed for Centrex and Plexar lines until further notice in the  Xy- xOctober 30, 1995 Order.c y4 X^"-#Xj\  P6G;ynXP#э Id. at 13820.c In granting the stay, the Commission noted that carriers could incur  xcostly and inefficient network upgrades if they started to comply with Commission rules prior  XK- xto the resolution of issues raised in the Third Notice.Z K X%-#Xj\  P6G;ynXP#э Id. Z The Commission did not, however, stay  xLthe blocking and unblocking requirements for payphones because the decision to grant a stay  x[appeared premature since the rules for payphones were not to take effect until January 1, 1997. " 0*(("  X-  5.xOn September 27, 1996, SWBT filed a petition requesting that the Commission stay  xlimited aspects of Section 64.1601 until the Commission ruled on the BellSouth Reconsideration  X- xPetition and the Third Notice. The SWBT petition was placed on public notice October 4, 1996.  xThe carrier requests that the stay apply to payphones, hotel and motel lines, Centrex and Plexar  xlines, and lines equipped with the ACR feature. SWBT contends that the Commission should  xstay the application of the Caller ID rules to these categories of lines because of the same  xconcerns that SWBT raised in its September 28, 1995 request. U S West, Ameritech, BellSouth,  xLufkinConroe Telephone Exchange, Inc., and NYNEX filed comments in support of SWBT's  xpetition. In addition, U S West stated that the stay requested by SWBT should extend to cover  X -party lines.    Y -#Xw PE37|XP#э In addition to filing comments, on October 24, 1996, U S West also filed a petition for stay of Section 64. 1601(b) as it applies to public payphones, hotel and motel lines, Centrex systems, and party lines.   X - II. DISCUSSION ă  X -  6.xAfter reviewing the record, we conclude that the public interest would best be served by  x?temporarily staying the application of Section 64.1601(b) to hotel and motel lines, public  xpayphones, party lines, and call return services; and the application of Section 64.1601(a) to  Xb- x{LECs without CLASS software.bK Y^-#Xw PE37|XP#э See Rules and Policies Regarding Calling Number Identification Service Caller ID,  YI-Order and Fourth Notice of Proposed Rulemaking, 10 FCC Rcd 13796 (1995) ("Fourth  Y2-Notice"). In the Fourth Notice the Commission is reviewing whether and to what extent the Caller ID rules should apply to LEC switches without CLASS software. We find that a stay is warranted because blocking and  x\unblocking requirements for these categories of lines may be modified as a consequence of  X4- xinformation received in response to the Third Notice, the Fourth Notice, and the BellSouth Reconsideration Petition.  X-  m7.xIn the October 30, 1995 Order the Commission stayed Section 64.1601(b) for calls that  x{originated from hotel and motel lines until January 1, 1997. In reaching that decision, the  xMCommission stated that " ... no matter how the issues raised in BellSouth's Reconsideration  xPetition are resolved, and even if the Commission adheres to its original decision in every  X- xjmaterial respect, complying with these rules prior to the resolution of issues raised in the Third  X|- xZNotice impose costly and inefficient expenditures for network upgrades."p| Y#-#Xw PE37|XP#э October 30, 1995 Order at 13819.p The Commission also  xnoted that "if it adopted rules different from the existing Caller ID rules, then carriers would have  XN- xxto deploy two separate software packages unnecessarily."`Nj  Yi'-#Xw PE37|XP#э Id. ` The Commission therefore expressed"N 0*(("  xconcern that carriers could incur economic harm if they had to comply with the Caller ID rules  xprior to the Commission's review of the blocking and unblocking requirements for certain  X- xcategories of lines.c YK-#Xw PE37|XP#э Id. at 13819.c We find this reasoning is applicable to SWBT's current petition because  X- xKthe Commission is in the process of evaluating information that was filed in response to the Third  X-Notice, the Fourth Notice, and the BellSouth Reconsideration Petition.{ Y-#Xw PE37|XP#э See also id. at 13820 (concerns expressed by the Commission with respect to possible harm).  Xv-  8.xWe recognize that in issuing the existing stay the Commission anticipated that this  xproceeding would have concluded prior to January 1, 1997, and note that since this proceeding  xremains open, the Commission's concern about economic harm continues to be as valid now as  xit was then. Because the Commission granted the Bureau authority to "rule on any additional  X - xypetitions for waivers and stays related to [the] Caller ID rules,"Z  Y-#Xw PE37|XP#э Id. Z we conclude that a stay of the  xjapplication of Section 64.1601(b) as it applies to public payphones, hotel and motel lines, party  xlines, and call return services; and the application of Section 64.1601(a) as it applies to LECs without CLASS software, is warranted.  X- III. ORDERING CLAUSES ă x  Xb-  9.xAccordingly, IT IS ORDERED, pursuant to Section 1.3 of the Commission's rules, 47  xLC.F.R.  1.3, and the authority that is delegated pursuant to Section 0.291 of the Commission's  xrules, 47 C.F.R.  0.291, that SWBT's petition IS GRANTED to the extent stated herein and is otherwise DENIED in all respects.  X-  10.xAccordingly, IT IS ORDERED, pursuant to Section 1.3 of the Commission's rules, 47  xLC.F.R.  1.3, and the authority that is delegated pursuant to Section 0.291 of the Commission's  xrules, 47 C.F.R.  0.291, that U S West's petition IS GRANTED to the extent stated herein and is otherwise DENIED in all respects.  X|-  n11.x IT IS FURTHER ORDERED, pursuant to Section 1.3 of the Commission's rules, 47  xC.F.R.  1.3, and the authority that is delegated pursuant to Section 0.291 of the Commission's  x?rules, 47 C.F.R.  0.291, that Section 64.1601(b) as it applies to suppression of call return  x-services and to per call blocking and unblocking for public pay telephones, hotel and motel lines, and party lines, IS STAYED until further order.  X-  A12.xIT IS FURTHER ORDERED, pursuant to Section 1.3 of the Commission's rules, 47  xLC.F.R.  1.3, and the authority that is delegated pursuant to Section 0.291 of the Commission's  x rules, 47 C.F.R.  0.291, that Sections 64.1601(a) and 64.1603 as they apply to LEC switches" 0*((" without CLASS software, IS STAYED until further order.  X-  A13.xIT IS FURTHER ORDERED, pursuant to Section 1.3 of the Commission's rules, 47  xC.F.R.  1.3, and the authority that is delegated pursuant to Section 0.291 of the Commission's  x{rules, 47 C.F.R.  0.291, that Southwestern Bell Telephone Company's request for stay IS  X-DISMISSED on the issue of Centrex and Plexar lines.n Y-#Xw PE37|XP#э SWBT's request regarding Centrex and Plexar lines is moot because the application of the Caller ID rules to these lines was stayed until further notice in the October 30, 1995  Y-Order. See October 30, 1995 Order at 13820. #x6X@`7X@#n x` `  hhFEDERAL COMMUNICATIONS COMMISSION  X -x` `  hh@h  X - x` `  hhRegina M. Keeney x` `  hhChief, Common Carrier Bureau