**DA 08-1924**

**Released: August 19, 2008**

**Consumer & Governmental Affairs Bureau Seeks Comment on Liberty Public
School District Petition for Waiver of 47 C.F.R.**

**§ 64.1601(b) Regarding the Transmission of Calling Party Number**

**CC Docket No. 91-281**

### Comment Date: 15 days after publication in the Federal Register

**Reply Comment Date: 25 days after publication in the Federal
Register**

On April 22, 2007, the Liberty Public School District (LPS) filed a
petition for a limited waiver[^1] of section 64.1601(b) of the
Commission's rules, which prohibits terminating carriers from passing
calling party number (CPN) to the called party where a privacy indicator
has been triggered.[^2] LPS asserts that the security and emergency
response duties of its security offices have been severely hampered by
carriers' refusal to provide CPN, and requests that the Commission allow
LPS to receive CPN, even where the calling party has activated a privacy
indicator.

LPS is a public school district serving Liberty, Missouri, a city of
approximately 30,000 that is part of Kansas City, Missouri, and parts of
unincorporated Clay County, Missouri. LPS employs a staff of 1300 that
provides education and services for 9300 students, with facilities and
operations spanning a land area of approximately 30 square miles.[^3]
According to LPS, the school district provides some of its own security
and telecommunications services. Over the course of a year, LPS reports
receiving between 6 and 10 threatening or harassing phone calls that are
considered serious in nature.[^4] LPS states that the telecommunications
carriers serving LPS are bound by the CPN privacy rules, and parties
placing threatening or harassing calls often use the CPN privacy
indicator to prevent authorities from identifying them or their
location. As a result, LPS security personnel must request a trace of
threatening or harassing calls to attempt to identify and locate the
caller, a process that can take up to a week.[^5] LPS emphasizes that
security personnel need to be able to identify and locate callers in a
timelier manner to have a chance of apprehending them or preventing them
from acting on their threats.[^6] According to LPS, its
telecommunications assets include a Central Office Switch facility with
a call information data log capable of recording all originating and
terminating numbers.[^7] Currently, telecommunications carriers will not
transmit restricted CPNs to LPS, and security and other personnel are
therefore prevented from identifying and locating harassing or
threatening callers in a timely manner.[^8]

LPS states that it will limit access to restricted CPN information by:

-   operating the switch in a secure facility;

-   allowing telecommunications and security personnel to access
    restricted CPN data only when investigating threatening or harassing
    calls and documenting the access as part of the investigative
    report;

-   allowing transmission of restricted CPN information from LPS to
    other law enforcement agencies only through secure communications;
    and

-   destroying CPN data after a reasonable retention period.[^9]

LPS argues that the waiver would serve the public interest because it
would allow LPS to better protect its staff and students by providing
rapid responses to threatening or harassing calls.[^10] LPS further
argues that its situation presents special circumstances that warrant a
limited waiver of the rules. First, LPS provides both the security
service and end office telecommunications to all locations within its
geographical boundaries.[^11] Also, the waiver would be applicable only
to a narrow and well-defined public institution making it predictable,
workable and not subject to discriminatory application.[^12]

Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47
C.F.R. §§ 1.415, 1.419, interested parties may file comments and reply
comments on LPS's *Waiver Request* on or before the dates indicated on
the first page of this document. [When filing comments, please reference
CC Docket No. 91-281]{.underline}.

Comments may be filed using: (1) the Commission's Electronic Comment
Filing System (ECFS), (2) the Federal Government's eRulemaking Portal,
or (3) by filing paper copies. *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 ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   In completing the transmittal screen, filers should include
        their full name, U.S. Postal Service mailing address, and the
        applicable docket or rulemaking number. Parties may also submit
        an electronic comment by Internet e-mail. To get filing
        instructions, filers should send an e-mail to <ecfs@fcc.gov>,
        and include the following words in the body of the message: "get
        form." A sample form and directions will be sent in response.

```{=html}
<!-- -->
```
-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing.

> Filings can be sent by hand or messenger delivery, by commercial
> overnight courier, or by first-class or overnight U.S. Postal Service
> mail (although we continue to experience delays in receiving U.S.
> Postal Service mail). All filings must be addressed to the
> Commission's Secretary, Office of the Secretary, Federal
> Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of [before]{.underline} 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 12^th^ Street, SW, Washington DC 20554.

Unless otherwise provided, requests for waiver of the Commission\'s
rules are subject to treatment by the Commission as restricted
proceedings for *ex parte* purposes under section 1.1208 of the
Commission\'s Rules, 47 C.F.R. § 1.1208. Because of the potential impact
of this proceeding on persons not parties to the *Waiver Request*, this
proceeding shall be treated as a permit-but-disclose proceeding under
the *ex parte* rules, which are codified at 47 C.F.R. §§ 1.1200(a),
1.1206. Therefore, *ex parte* presentations will be allowed but must be
disclosed in accordance with the requirements of section 1.1206(b) of
the Commission\'s Rules, 47 C.F.R. § 1.1206(b). Persons making oral *ex
parte* presentations are reminded that memoranda summarizing the
presentations must contain summaries of the substance of the
presentations and not merely a listing of the subjects discussed. More
than a one or two sentence description of the views and arguments
presented is generally required. *See* 47 C.F.R. § 1.1206(b). Other
rules pertaining to oral and written *ex parte* presentations in
permit-but-disclose proceedings are set forth in section 1.1206(b) of
the Commission's rules, 47 C.F.R. § 1.1206(b).

The full text of this document and copies of any subsequently filed
documents in this matter will be available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12^th^ Street, S.W., Room CY-A257, Washington,
DC 20554, (202) 418-0270. The full text of this document can also be
downloaded in Word or Portable Document Format (PDF) at
[www.fcc.gov/cgb](http://www.fcc.gov/cgb).

To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail
to <fcc504@fcc.gov> or call the Consumer & Governmental Affairs Bureau
at (202) 418-0530 (voice) or (202) 418-0432 (TTY).

**FOR FURTHER INFORMATION CONTACT:** Julie Saulnier, Consumer &
Governmental Affairs Bureau, Federal Communications Commission,
202-418-1598 (voice) or julie.saulnier@fcc.gov.

**\-- FCC \--**

[^1]: *See* Petition of Liberty Public School District for Waiver of
    Federal Communications Commission Regulations at 47 C.F.R. §
    64.1601(b) Re: Calling Party Numbers, filed April 22, 2007 (*Waiver
    Request).*

[^2]: 47 CFR § 64.1601(b). Section 64.1601(b) states in pertinent part
    that "\[n\]o common carrier subscribing to or offering any service
    that delivers CPN may override the privacy indicator associated with
    an interstate call . . . . \[W\]hen a caller requests that the CPN
    not be passed, a carrier may not reveal that caller's number or
    name, nor may the carrier use the number or name to allow the called
    party to contact the calling party."

[^3]: *Waiver Request* at 5.

[^4]: *Id.*

[^5]: *Id.*

[^6]: *Id.* at 6.

[^7]: *Id.* at 5.

[^8]: *Id.* at 6, 9.

[^9]: *Id.* at 9.

[^10]: *Id.* at 10.

[^11]: *Id.*

[^12]: *Id.* at 9. LPS draws parallels between its situation and that of
    INSIGHT 100 --- a non-profit corporation consisting of educational
    institutions, hospitals, businesses and organizations --- which
    sought and was granted a waiver of the Caller ID rules in 2002. *See
    INSIGHT 100 Petition for Waiver of § 64.1601(b) Regarding the
    Transmission of Calling Party Number,* Memorandum Opinion and Order,
    CC Docket No. 91-281, 17 FCC Rcd. 223, 225 (2002). *Id.* at 8-9.