Section R14-2-2103. Obtaining Customer Approval to Use, Disclose, or Permit Access to CPNI to Affiliates, Joint Venture Partners

Corporation Commission – Fixed Utilities

and Independent Contractors Providing Communications- Related Services

A.      A telecommunications carrier may, subject to obtaining opt- out approval or opt-in approval:

1.        Disclose its customer’s individually identifiable CPNI, for the purpose of marketing to that customer communi- cations-related services of a category to which the cus- tomer does not already subscribe, to its agents; its affiliates that provide communications-related services; and its joint venture partners and independent contrac- tors;

2.        Permit such persons or entities to obtain access to such CPNI for such purposes.

B.       Any solicitation for customer approval must be accompanied by a notice to the customer of the customer’s right to restrict use of, disclosure of, and access to that customer’s CPNI. For the purpose of obtaining opt-in approval, the notice must com- ply with the requirements of Section R14-2-2105 of these rules. For the purpose of obtaining opt-out approval, the notice must comply with the requirements of Section R14-2-2106 of these rules.

C.      Telecommunications carriers must wait a 30-day minimum period of time after giving customers notice and an opportu- nity to opt-out before assuming customer approval to use, dis- close or permit access to CPNI. A telecommunications carrier may, in its discretion, provide for a longer period.

D.      The telecommunications carrier shall be required to execute a proprietary agreement with all affiliates, joint venture partners, independent contractors that provide communications-related services, third parties, and affiliates that do not provide com- munications-related services to maintain the confidentiality of the customers’ CPNI. The proprietary agreement must meet the minimum requirements set forth in 47 CFR 64.2007(b)(2), revised as of September 20, 2002 (and no future amendments), incorporated by reference and copies available from the Com- mission Office, Legal Division, 1200 West Washington, Phoe- nix, Arizona 85007 and the United States Government Printing Office, P.O. Box 371975M, Pittsburgh, Pennsylvania 15250- 7975.

Historical Note

New Section made by final rulemaking at 12 A.A.R.

1547, effective June 19, 2006 (06-2).