Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.
A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts.
Except as required by law or with the approval of the customer, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of (A) the telecommunications service from which such information is derived, or (B) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories.
A telecommunications carrier shall disclose customer proprietary network information, upon affirmative written request by the customer, to any person designated by the customer.
A telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service may use, disclose, or permit access to aggregate customer information other than for the purposes described in paragraph (1). A local exchange carrier may use, disclose, or permit access to aggregate customer information other than for purposes described in paragraph (1) only if it provides such aggregate information to other carriers or persons on reasonable and nondiscriminatory terms and conditions upon reasonable request therefor.
Nothing in this section prohibits a telecommunications carrier from using, disclosing, or permitting access to customer proprietary network information obtained from its customers, either directly or indirectly through its agents-
Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service shall provide subscriber list information gathered in its capacity as a provider of such service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of publishing directories in any format.
For purposes of subsection (c)(1), without the express prior authorization of the customer, a customer shall not be considered to have approved the use or disclosure of or access to-
Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service or a provider of IP-enabled voice service (as such term is defined in sectionof this title) shall provide information described in subsection (i)(3)(A) 1 (including information pertaining to subscribers whose information is unlisted or unpublished) that is in its possession or control (including information pertaining to subscribers of other carriers) on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions to providers of emergency services, and providers of emergency support services, solely for purposes of delivering or assisting in the delivery of emergency services.
As used in this section:
The term "customer proprietary network information" means-
except that such term does not include subscriber list information.
The term "aggregate customer information" means collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed.
The term "subscriber list information" means any information-
The term "public safety answering point" means a facility that has been designated to receive emergency calls and route them to emergency service personnel.
The term "emergency services" means 9-1-1 emergency services and emergency notification services.
The term "emergency notification services" means services that notify the public of an emergency.
The term "emergency support services" means information or data base management services used in support of emergency services.
1 So in original. Probably should be subsection "(h)(3)(A)".
47 U.S.C. § 222
June 19, 1934, ch. 652, title II, §222, as added Pub. L. 104-104, title VII, §702, Feb. 8, 1996, 110 Stat. 148; amended Pub. L. 106-81, §5, Oct. 26, 1999, 113 Stat. 1288; Pub. L. 110-283, title III, §301, July 23, 2008, 122 Stat. 2625.
PRIOR PROVISIONSA prior section 222, act June 19, 1934, ch. 652, title II, §222, as added Mar. 6, 1943, ch. 10, §1, 57 Stat. 5; amended July 12, 1960, Pub. L. 86-624, §36, 74 Stat. 421; Nov. 30, 1974, Pub. L. 93-506, §2, 88 Stat. 1577; Dec. 24, 1980, Pub. L. 96-590, 94 Stat. 3414; Dec. 29, 1981, Pub. L. 97-130, §2, 95 Stat. 1687, related to competition among record carriers, prior to repeal by Pub. L. 103-414, title III, §304(a)(6), Oct. 25, 1994, 108 Stat. 4297.
AMENDMENTS 2008-Subsec. (d)(4). Pub. L. 110-283, §301(1), inserted "or the user of an IP-enabled voice service (as such term is defined in sectionof this title)" after "section of this title)" in introductory provisions.Subsec. (f). Pub. L. 110-283, §301(2), struck out "wireless" before "location" in heading.Subsec. (f)(1). Pub. L. 110-283, §301(1), inserted "or the user of an IP-enabled voice service (as such term is defined in section of this title)" after "section of this title)".Subsec. (g). Pub. L. 110-283, §301(3), inserted "or a provider of IP-enabled voice service (as such term is defined in section of this title)" after "telephone exchange service".1999-Subsec. (d)(4). Pub. L. 106-81, §5(1), added par. (4).Subsecs. (f), (g). Pub. L. 106-81, §5(2), added subsecs. (f) and (g). Former subsec. (f) redesignated (h).Subsec. (h). Pub. L. 106-81, §5(2)-(4), redesignated subsec. (f) as (h), inserted "location," after "destination," in par. (1)(A), and added pars. (4) to (7).