3 AAC 53.650 - Provision and use of subscriber data

(a) A local exchange carrier shall provide directory assistance, directory listings, and directory assistance databases to a competing provider of telephone exchange service, a competing provider of telephone toll service, or a directory assistance agent in a nondiscriminatory manner as required by 47 C.F.R. 51.217, revised as of October 1, 2003 and adopted by reference. The subscriber data that a local exchange carrier must provide under this subsection includes the directory listings and directory assistance databases of any total service reseller for which the provisioning local exchange carrier is the underlying carrier, unless the total service reseller undertakes the obligation to provide the data for its customers and requests the underlying carrier not to provide the data.

(b) A local exchange carrier shall ensure that the information provided to its own directory assistance provider, and to any competitive directory assistance provider, is accurate and updated within five business days after a change in subscriber status. A local exchange carrier shall make initial and updated subscriber listings available to each directory assistance provider within the same period.

(c) Unless it is exempt under AS 42.05.711 from tariff filing requirements, a local exchange carrier shall include charges for the directory listings and directory databases provided under (a) of this section in its tariff. Those charges must be a rate

(1) not to exceed $.04 per listing for an initial list, and $.06 per listing for a list of updates; or

(2) based on the following direct costs of producing a directory list:

(A) processing of the list or database request, including order-taking and invoicing;

(B) production of the list or database;

(C) cost of the distribution format such as diskette, compact disc, or paper;

(D) amortized programming costs necessary to set up the list or database.

(d) The charges for the directory listings and databases may not

(1) include any consideration of the market value or the intangible value associated with the local exchange carrier's exclusive access to the subscriber information;

(2) include the costs associated with the direct provision of directory assistance; or

(3) exceed the rate the local exchange carrier charges to itself, its own directory assistance agent, or an affiliated interest.

(e) If a local exchange carrier's proposed charges for directory listings and databases exceed the limits set out in (c)(1) of this section, the local exchange carrier has the burden of showing that its charges are based solely on the direct costs set out in (c)(2) of this section and do not include any of the costs set out in (d)(1) and (2) of this section.

(f) A directory assistance provider may not provide information contained in the directory listings and directory databases to any affiliated interest or other third party not otherwise entitled to obtain it directly under (a) of this section, except in the provision of directory assistance to that third party or a service ancillary to directory assistance, including call completion.

Notes

3 AAC 53.650

Eff. 5/24/95, Register 134; am 11/24/2004, Register 172

Authority:AS 42.05.141

AS 42.05.145

AS 42.05.151

AS 42.05.291

AS 42.05.311

AS 42.05.321

AS 42.05.371

AS 42.05.391

AS 42.05.431