[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Notices]
[Page 50815-50816]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au08-66]
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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:
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.
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
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.
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.
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.
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 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 Julie.Saulnier@fcc.gov.
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 fcc504@fcc.gov 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