I
103D CONGRESS
1ST SESSION
H. R. 3432
To amend the Communications Act of 1934 to prohibit the disclosure of
certain information concerning customer’s uses of telephone services,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 3, 1993
Mr. MARKEY (for himself, Mr. KREIDLER, Mr. SYNAR, Mr. BRYANT, and Mr.
COOPER) introduced the following bill; which was referred to the Commit-
tee on Energy and Commerce
A BILL
To amend the Communications Act of 1934 to prohibit the
disclosure of certain information concerning customer’s
uses of telephone services, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Telephone Consumer
Privacy Protection Act of 1993’’.
TITLE 
I—PRIVACY 
OF 
CUS-
TOMER PROPRIETARY NET-
WORK INFORMATION
SEC. 101. AMENDMENT TO THE COMMUNICATIONS ACT OF
1934.
Title II of the Communications Act of 1934 is
amended by adding at the end the following new section:
‘‘SEC. 229. PRIVACY OF CUSTOMER PROPRIETARY NET-
WORK INFORMATION.
‘‘(a) PRIVACY REQUIREMENTS FOR COMMON CAR-
RIERS.—A local exchange carrier—
‘‘(1) shall not, except as required by law or
upon the affirmative request of the customer to
which the information relates—
‘‘(A) use customer proprietary network in-
formation in the provision of any service other
than (i) telephone exchange service or telephone
toll service, or (ii) a service necessary to or used
in the provision of telephone exchange service
or telephone toll service;
‘‘(B) use customer proprietary network in-
formation in the identification or solicitation of
potential customers for any service other than
the service from which such information is de-
rived;
‘‘(C) use such information in the provision
of customer premises equipment; or
‘‘(D) disclose such information to any affil-
iate of such common carrier or any other per-
son that is not an employee of such carrier;
‘‘(2) shall disclose such information, upon af-
firmative written request by the customer, to any
person designated by the customer;
‘‘(3) shall, whenever such common carrier pro-
vides any aggregate information based on customer
proprietary network information or any data base or
other compilation of customer proprietary informa-
tion to any personnel of such common carrier, or
any affiliate of such common carrier, that are en-
gaged in providing any service that is not necessary
to the provision of telephone exchange service, or
that are engaged in the provision of customer prem-
ises equipment, or to any other person that is not
an employee or affiliate of such carrier, notify the
Commission of the availability of such aggregate or
compiled information and shall provide such aggre-
gate or compiled information on reasonable terms
and conditions to any other service or equipment
provider upon reasonable request therefor; and
‘‘(4) shall not discriminate between affiliated
and unaffiliated service or equipment providers in
providing access to, or in the use and disclosure of,
individual and aggregate or compiled information
made available consistent with this subsection.
‘‘(b) RULE OF CONSTRUCTION.—This section shall
not be construed to prohibit the disclosure of customer
proprietary network information as necessary—
‘‘(1) to render, bill, and collect for telephone ex-
change service or telephone toll service;
‘‘(2) to render, bill, and collect for any other
telecommunications service that the customer has re-
quested;
‘‘(3) to protect the rights or property of the
carrier; or
‘‘(4) to protect users of any of those services
and other carriers from fraudulent, abusive, or un-
lawful use of or subscription to such service.
‘‘(c) EXEMPTION
PERMITTED.—The Commission
may, by rule, exempt from the requirements of subsection
(a) local exchange carriers that do not have 1,000,000 ag-
gregate nationwide lines installed if the Commission deter-
mines that such exemption is in the public interest or if
compliance with the requirements would impose an undue
economic burden on the carrier.
‘‘(d) DUTY TO PROVIDE SUBSCRIBER LIST INFOR-
MATION.—Notwithstanding subsections (a), (b), and (c),
a local exchange carrier that provides subscriber list infor-
mation to any affiliated or unaffiliated service provider or
person shall provide subscriber list information on a timely
and unbundled basis, under nondiscriminatory and reason-
able rates, terms, and conditions, to any person upon rea-
sonable request.
‘‘(e) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘customer proprietary network
information’ means—
‘‘(A) information which (i) relates to the
quantity, technical configuration, type, destina-
tion, and amount of use of telephone exchange
service or interexchange telephone service sub-
scribed to by any customer of a telephone oper-
ating company, and (ii) is available to the tele-
phone operating company by virtue of the tele-
phone company-customer relationship;
‘‘(B) information contained in the bills for
telephone exchange service or interexchange
telephone service received by a customer of a
telephone operating company; and
‘‘(C) such other information concerning the
customer as is (i) available to the telephone op-
erating company by virtue of the customer’s use
of the company’s services, and (ii) specified as
within the definition of such term by such rules
as the Commission shall prescribe consistent
with the public interest,
except that such term does not include subscriber
list information.
‘‘(2) The term ‘subscriber information’ means
any information—
‘‘(A) identifying the names of subscribers
of a local exchange carrier and such subscrib-
ers’ telephone numbers, addresses, or advertis-
ing classifications, or any combination of such
names, numbers, addresses, or classifications;
and
‘‘(B) that the carrier or an affiliate has
published or accepted for future publication.
‘‘(3) The term ‘aggregate information’ means
collective data that relates to a group or category of
services or customers, from which individual cus-
tomer identities or characteristics have been re-
moved.’’.
TITLE II—PRIVACY OF CALLING
PARTY INFORMATION
SEC. 201. FINDINGS.
The Congress finds that:
(1) The right of privacy is the central principle
that should guide the introduction and use of new
telecommunications technologies and services.
(2) Caller Identification Service, known as
‘‘Caller ID’’, can provide value to telephone sub-
scribers by identifying the calling party prior to ac-
cepting the call.
(3) Interexchange carriers offering ‘‘800’’ and
‘‘900’’ number services often pass a protocol service
known as the Automatic Number Identification
(‘‘ANI’’) that identifies the calling party’s telephone
number to end users.
(4) While Caller ID provides value to the called
party, it also affects the legitimate privacy interests
of the calling party.
(5) These privacy interests must be properly
balanced to protect the rights of both calling and re-
ceiving party when caller identification services are
offered by common carrier.
(6) This personal information can be developed
into highly sophisticated and possibly intrusive lists
that are subsequently used or sold for marketing
and other purposes often without the knowledge or
consent of consumers whose information was
accessed initially through Caller ID or ANI gen-
erated information.
(7) Unrestricted offerings of caller identifica-
tion services may infringe upon some calling parties’
expectations of anonymity and privacy in some or all
of their telephone transactions.
(8) Federal requirements for the offering of
caller identification service are necessary to ensure
uniform regulation which appropriately balances the
rights of both the calling and receiving party when
caller identification services are offered by common
carriers.
SEC. 202. CUSTOMER PRIVACY REQUIREMENTS.
(a) AMENDMENT.—Title II of the Communications
Act of 1934 is further amended by adding at the end
thereof the following new section:
‘‘SEC. 230. CUSTOMER PRIVACY REQUIREMENTS.
‘‘(a) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘caller identification service’
means a service which makes use of a display device
at the called party’s telephone to automatically indi-
cate the telephone number (with or without the area
code) of, or other personally identifying information
concerning, any party calling from within the local
area or from another area, except that such term
does not include an automatic number identification
service.
‘‘(2) The term ‘automatic number identifica-
tion’ means an access signaling protocol in common
use by common carriers that uses an identifying sig-
nal associated with the use of a subscriber’s tele-
phone to provide billing information or other infor-
mation to the local exchange carrier and to any
other interconnecting carriers.
‘‘(3) The term ‘aggregate information’ means
collective data that relates to a group or category of
services or customers, from which individual cus-
tomer identities or characteristics have been re-
moved.
‘‘(b) CALLING PARTY IDENTIFICATION.—
‘‘(1) RULEMAKING
REQUIRED.—The Commis-
sion shall, within 180 days after the date of enact-
ment of this section, prescribe regulations requiring
any caller identification service offered by a common
carrier, or by any other person that makes use of
the facilities of a common carrier, to allow the caller
to withhold, on a per-call basis, the display of the
caller’s telephone number, name, or other personally
identifying information, from the telephone or other
instrument of the individual receiving the call.
‘‘(2) CHARGES
FOR
WITHHOLDING
NUMBERS
PROHIBITED.—Such regulations shall prohibit any
charges from being imposed on the caller who re-
quests that his or her telephone number be withheld
from the recipient of a call placed by the caller.
‘‘(3) NOTIFICATION TO CUSTOMERS.—Such reg-
ulations shall require every common carrier to notify
its subscribers that their calls may be identified to
a called party not later than—
‘‘(A) 30 days before the common carrier
commences to participate in the offering of a
call identification service; and
‘‘(B) 60 days after the date such regula-
tions are prescribed, if the private or common
carrier is participating in the offering of a call
identification service prior to such date.
‘‘(4) EXEMPTIONS.—This subsection does not
apply to any of the following:
‘‘(A) A caller identification service which is
used solely in connection with calls within the
same limited system, including (but not limited
to) a Centrex, virtual private network, or pri-
vate branch exchange system.
‘‘(B) A caller identification service which is
used on a public agency’s emergency telephone
line or on the line which receives the primary
emergency telephone number (911) or on any
entity’s emergency assistance poison control
telephone line.
‘‘(C) A caller identification service provided
in connection with legally authorized call trac-
ing or trapping procedures specifically re-
quested by a law enforcement agency.
‘‘(5) WAIVER.—The regulations prescribed by
the Commission under paragraph (1) may waive the
requirements of this subsection where compliance
with such requirements is not technologically fea-
sible.
‘‘(c) AUTOMATIC NUMBER IDENTIFICATION SERV-
ICES.—
‘‘(1) CONTRACT REQUIREMENTS.—Any common
carrier or affiliate of a common carrier providing
automatic number identification services to any per-
son shall provide such services under a contract or
tariff containing telephone subscriber information
requirements that comply with this subsection. Such
requirements shall—
‘‘(A) permit such person to use the tele-
phone number and billing information provided
pursuant to the automatic number identifica-
tion service for billing and collection, routing,
screening, and completion of the originating
telephone subscriber’s call or transaction, or for
services directly related to the originating tele-
phone subscriber’s call or transaction;
‘‘(B) prohibit such person from reusing or
selling the telephone number or billing informa-
tion provided pursuant to the automatic num-
ber identification service without first orally (i)
notifying the originating telephone subscriber
and (ii) extending to such subscriber the option
to limit or prohibit such reuse or sale; and
‘‘(C) prohibit such person from disclosing,
except as permitted by subparagraphs (A) and
(B), any information derived from the auto-
matic number identification service for any pur-
pose other than—
‘‘(i) performing the services or trans-
actions that are the subject of the originat-
ing telephone subscriber’s call,
‘‘(ii) ensuring network performance,
security, and the effectiveness of call deliv-
ery,
‘‘(iii) compiling, using, and disclosing
aggregate information, and
‘‘(iv) complying with applicable law or
legal process.
‘‘(2) EXCEPTION
FOR
ESTABLISHED
CUS-
TOMERS.—The customer information requirements
imposed under paragraph (1) shall not prevent a
person to which automatic number identification
services are provided from using—
‘‘(A) the telephone number and billing in-
formation provided pursuant to such service,
and
‘‘(B) any information derived from the
automatic number identification service, or
from the analysis of the characteristics of a
telecommunications transmission,
to offer, to any telephone subscriber with which such
person has an established customer relationship, a
product or service that is directly related to the
products or service previously acquired by that cus-
tomer from such person.
‘‘(3) ENFORCEMENT.—(A) Each common car-
rier shall receive and transmit to the Commission
complaints concerning violations of the telephone
subscriber information requirements imposed under
paragraph (1). Each common carrier shall submit to
the Commission, in such form as the Commission
may require by regulation, reports on actions taken
by the carrier to comply with this section.
‘‘(B) The Commission may, by rule or order, di-
rect the termination of automatic number identifica-
tion services to any person who has violated the tele-
phone subscriber information requirements imposed
under paragraph (1). For purposes of section
503(b)(1)(B), violations of such requirements shall
be considered to be a violation of a provision of this
Act.
‘‘(4) EFFECTIVE
DATE.—(A) Except as pro-
vided in subparagraph (B), the requirements of this
subsection shall apply to any automatic number
identification service provided on or after one year
after the date of enactment of this subsection.
‘‘(B) In the case of any automatic number iden-
tification service provided under a contract entered
into, or tariff taking effect, more than 90 days after
the date of enactment of this subsection, the require-
ments of this subsection shall apply to any auto-
matic number identification service provided pursu-
ant to such contract or tariff.
‘‘(d) STATE LAW.—Notwithstanding any other provi-
sion of this Act, no State shall prohibit or effectively pre-
vent the provision of caller identification services.’’.
SEC. 203. CONFORMING AMENDMENT.
Section 2(b) of the Communications Act of 1934 is
amended by striking ‘‘Except as provided’’ and all that
follows through ‘‘and subject to the provisions’’ and insert-
ing ‘‘Except as provided in sections 223 through 230, in-
clusive, and subject to the provisions’’.
SEC. 204. BLOCKING.
Nothing in this Act shall be construed to prevent a
common carrier, or any other person that makes use of
the facilities of a common carrier, from offering services
or technology enabling a telephone subscriber receiving a
call to block the call, or block the completion of the call,
where the caller has chosen to withhold the display of the
caller’s telephone number, name, or other personally iden-
tifying information.
TITLE III—ACCESS TO
TELEPHONE RECORDS
SEC. 301. CLARIFICATION OF APPLICABILITY OF SECTION
705 TO CARRIERS AND THEIR EMPLOYEES;
SUBSCRIBER NOTIFICATION.
Section 705(a) of the Communications Act of 1934
(47 U.S.C. 605(a)) is amended by adding at the end the
following new sentences: ‘‘The prohibitions contained in
this section apply to a person who is a common carrier
or an affiliate or employee of a common carrier and who
divulges or publishes the existence, contents, substance,
purport, effect, or meaning thereof to a person who is not
a common carrier or affiliate or employee of a common
carrier. Any common carrier that, pursuant to a subpoena
issued by a court of competent jurisdiction or on demand
of other lawful authority, divulges or publishes a subscrib-
er’s billing information or other information disclosing the
existence of any interstate or foreign communication by
wire or radio by a subscriber, shall inform such subscriber
within 10 days after such information is divulged or pub-
lished of the information divulged or published and the
identity of the recipient of the information, unless such
carrier is prohibited from so informing such subscriber by
order of such court or other lawful authority for the pur-
pose of preventing the subject of a criminal investigation
from being informed of its pendency.’’.
TITLE IV—PRIVACY OF
SUBSCRIBER INFORMATION–
SEC. 401. IMPACT OF CONVERGING COMMUNICATIONS
TECHNOLOGIES ON CONSUMER PRIVACY.
(a) PROCEEDING REQUIRED.—Within 6 months after
the date of enactment of this Act, the Commission shall
commence a proceeding—
(1) to examine the impact of the integration
into interconnected communications networks of
wireless telephone, cable, satellite, and other tech-
nologies on the privacy rights and remedies of the
consumers of those technologies;
(2) to examine the impact that the globalization
of such integrated communications networks has on
the international dissemination of consumer infor-
mation and the privacy rights and remedies to pro-
tect consumers;
(3) to propose changes in the Commission’s reg-
ulations to ensure that the effect on consumer pri-
vacy rights is considered in the introduction of new
telecommunications services and that the protection
of such privacy rights is incorporated as necessary
in the design of such services or the rules regulating
such services;
(4) to propose changes in the Commission’s reg-
ulations as necessary to correct any defects identi-
fied pursuant to paragraph (1) in such rights and
remedies; and
(5) to prepare recommendations to the Con-
gress for any legislative changes required to correct
such defects.
(b) SUBJECTS FOR EXAMINATION.—In conducting
the examination required by subsection (a)(1), the Com-
mission shall determine whether consumers are able, and,
if not, the methods by which consumers may be enabled—
(1) to have knowledge that consumer informa-
tion is being collected about them through their uti-
lization of various communications technology;
(2) to have notice that such information could
be used, or is intended to be used, by the entity col-
lecting the data for reasons unrelated to the original
communications, or that such information could be
sold (or is intended to be sold) to other companies
or entities; and
(3) to stop the reuse or resale of that informa-
tion.
(c) SCHEDULE FOR COMMISSION RESPONSES.—The
Commission shall, within one year after the date of enact-
ment of this Act—
(1) complete any rulemaking required to revise
Commission regulations to correct defects in such
regulations identified pursuant to subsection (a)(1);
and
(2) submit to the Congress a report containing
the recommendations required by subsection (a)(3).
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HR 3432 IH——2
HR 3432 IH——3