[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Pages 50815-50816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19987]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 91-281; DA 08-1924]


Consumer and Governmental Affairs Bureau Seeks Comment on Liberty 
Public School District Petition for Waiver of 47 CFR 64.1601(b) 
Regarding the Transmission of Calling Party Number

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission seeks comment on a petition 
filed by the Liberty Public School District (LPS) for a limited waiver 
of the Commission's caller identification rules which prohibit 
terminating carriers from passing calling party number (CPN) to the 
called party where a privacy indicator has been triggered. 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.

DATES: Comments are due on or before September 12, 2008. Reply comments 
are due on or before September 22, 2008.

ADDRESSES: Interested parties may submit comments and reply comments 
identified by [CC Docket No. 91-281], by any of the following methods:
    <bullet> Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic comment 
Filing System (ECFS), through the Commission's Web site: http://www.fcc.gov/cgb/ecfs/, or the Federal eRulemaking Portal: http://www.regulations.gov.
    <bullet> For electronic filers through ECFS or the Federal 
eRulemaking Portal, in completing the transmittal screen, filers should 
include their full name, U.S. Postal Service mailing address, and the 
applicable docket number, which in this instance is [CC Docket No. 91-
281]. Parties may also submit an electronic comment by Internet e-mail. 
To get filing instructions, filers should send an e-mail to 
<a href="/cdn-cgi/l/email-protection#96f3f5f0e5d6f0f5f5b8f1f9e0"><span class="__cf_email__" data-cfemail="7411171207341217175a131b02">[email protected]</span></a>, and include the following words in the body of the 
message, ``get form <your e-mail address>.'' A sample form and 
directions will be sent in response.
    <bullet> 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

[[Page 50816]]

first-class or overnight U.S. Postal Service mail (although the 
Commission continues 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.
    <bullet> The Commission's contractor will receive hand-delivered or 
messenger-delivered filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
    <bullet> 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.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Julie Saulnier, Consumer and 
Governmental Affairs Bureau, Policy Division, at (202) 418-1598 
(voice), or e-mail <a href="/cdn-cgi/l/email-protection#0349766f6a662d5062766f6d6a6671436560602d646c75"><span class="__cf_email__" data-cfemail="91dbe4fdf8f4bfc2f0e4fdfff8f4e3d1f7f2f2bff6fee7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On April 22, 2007, the Liberty Public School 
District (LPS) filed a petition for a limited waiver of Sec.  
64.1601(b) of the Commission's rules. See Petition of Liberty Public 
School District for Waiver of Federal Communications Commission 
Regulations at 47 CFR 64.1601(b) Re: Calling Party Numbers, filed April 
22, 2007 (Waiver Request). This is a summary of the Commission's Public 
Notice DA 08-1924. Pursuant to 47 CFR 1.415 and 1.419 of the 
Commission's rules, 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. The full text of document DA 08-1924 
and 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 12th Street, SW., 
Room CY-A257, Washington, DC 20554, (202) 418-0270. Document DA 08-1924 
and any subsequently filed documents in this matter may also be 
purchased from the Commission's duplicating contractor at the 
contractor's Web site, http://www.bcpiweb.com, or by calling (800) 378-
3160. Furthermore, document DA 08-1924 any subsequently filed documents 
in this matter, and a copy of the underlying Waiver Request may be 
found by searching ECFS at http://www.fcc.gov/cgb/ecfs (insert [CC 
Docket No. 91-281] into the Proceeding block).
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to <a href="/cdn-cgi/l/email-protection#75131616404541351316165b121a03"><span class="__cf_email__" data-cfemail="04626767313430446267672a636b72">[email protected]</span></a> or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). 
Document DA 08-1924 can also be downloaded in Word or Portable Document 
Format (PDF) at: http://www.fcc.gov/cgb/policy/headlines.html.

Synopsis

    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. 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. 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. 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. 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. 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.
    LPS states that it will limit access to restricted CPN information 
by: (1) Operating the switch in a secure facility; (2) 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; (3) allowing 
transmission of restricted CPN information from LPS to other law 
enforcement agencies only through secure communications; and (4) 
destroying CPN data after a reasonable retention period. 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. 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. 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.

Federal Communications Commission.
Nicole McGinnis,
Deputy Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. E8-19987 Filed 8-27-08; 8:45 am]
BILLING CODE 6712-01-P


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