47 CFR 64.2003 - Notice requirements for telecommunications carriers.

§ 64.2003 Notice requirements for telecommunications carriers.

(a) A telecommunications carrier must notify its customers of its privacy policies. Such notice must be clear and conspicuous, and in language that is comprehensible and not misleading.

(b)Contents. A telecommunications carrier's notice of its privacy policies under paragraph (a) must:

(1) Specify and describe the types of customer proprietary information that the telecommunications carrier collects by virtue of its provision of telecommunications service and how it uses that information;

(2) Specify and describe under what circumstances the telecommunications carrier discloses or permits access to each type of customer proprietary information that it collects;

(3) Specify and describe the categories of entities to which the carrier discloses or permits access to customer proprietary information and the purposes for which the customer proprietary information will be used by each category of entities;

(4) Specify and describe customers' opt-in approval and/or opt-out approval rights with respect to their customer proprietary information, including:

(i) That a customer's denial or withdrawal of approval to use, disclose, or permit access to customer proprietary information will not affect the provision of any telecommunications services of which he or she is a customer; and

(ii) That any grant, denial, or withdrawal of approval for the use, disclosure, or permission of access to the customer proprietary information is valid until the customer affirmatively revokes such grant, denial, or withdrawal, and inform the customer of his or her right to deny or withdraw access to such proprietary information at any time.

(5) Provide access to a mechanism for customers to grant, deny, or withdraw approval for the telecommunications carrier to use, disclose, or provide access to customer proprietary information as required by § 64.2004;

(6) Be completely translated into a language other than English if the telecommunications carrier transacts business with the customer in that language.

(c)Timing. Notice required under paragraph (a) of this section must:

(1) Be made available to prospective customers at the point of sale, prior to the purchase of service, whether such point of sale is in person, online, over the telephone, or via another means; and

(2) Be made persistently available through: A clear and conspicuous link on the telecommunications carrier's homepage; the carrier's application (app), if it provides one for account management purposes; and any functional equivalent to the carrier's homepage or app. If a carrier does not have a Web site, it must provide notice to customers in paper form or another format agreed upon by the customer.

(d)Material changes to a telecommunications carrier's privacy policies. A telecommunications carrier must provide existing customers with advance notice of one or more material changes to the carrier's privacy policies. Such notice must be clear and conspicuous, and in language that is comprehensible and not misleading, and must:

(1) Be provided through email or another means of active communication agreed upon by the customer;

(2) Specify and describe:

(i) The changes made to the telecommunications carrier's privacy policies, including any changes to what customer proprietary information the carrier collects, and how it uses, discloses, or permits access to such information, the categories of entities to which it discloses or permits access to customer proprietary information, and which, if any, changes are retroactive; and

(ii) Customers' opt-in approval and/or opt-out approval rights with respect to their customer proprietary information, including the material specified in paragraph (b)(4) of this section;

(3) Provide access to a mechanism for customers to grant, deny, or withdraw approval for the telecommunications carrier to use, disclose, or permit access to customer proprietary information as required by § 64.2004; and

(4) Be completely translated into a language other than English if the telecommunications carrier transacts business with the customer in that language.

Effective Date Note:
At 81 FR 87343, Dec. 2, 2016, § 64.2003 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.

Title 47 published on 2015-12-04

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR Part 64 after this date.

  • 2017-03-16; vol. 82 # 50 - Thursday, March 16, 2017
    1. 82 FR 13972 - Petition for Clarification, or in the Alternative Reconsideration of Action in Rulemaking Proceeding
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Petition for clarification or reconsideration.
      Comments to the Petition must be filed on or before March 31, 2017. Reply Comments must be filed on or before April 10, 2017.
      47 CFR Parts 6, 7, 14, 20, 64, and 67
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