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Federal Communications Commission § 64.1903

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Federal Communications Commission § 64.1903 Federal Communications Commission § 64.1903 § 64.1902 Terms and definitions. the service originates outside the inde- pendent LEC’s local exchange areas. Terms used in this part have the fol- Local Exchange Carrier. The term lowing meanings: local exchange carrier means any per- Books of account. Books of account son that is engaged in the provision of refer to the financial accounting sys- telephone exchange service or ex- tem a company uses to record, in mon- change access. Such term does not in- etary terms, the basic transactions of a clude a person insofar as such person is company. These books of account re- engaged in the provision of a commer- flect the company’s assets, liabilities, cial mobile service under section 332(c), and equity, and the revenues and ex- except to the extent that the Commis- penses from operations. Each company sion finds that such service should be has its own separate books of account. included in the definition of that term. Incumbent Independent Local Exchange Carrier (Incumbent Independent LEC). [64 FR 44425, Aug. 16, 1999] The term incumbent independent local § 64.1903 Obligations of all incumbent exchange carrier means, with respect independent local exchange car- to an area, the independent local ex- riers. change carrier that: (a) An incumbent independent LEC (1) On February 8, 1996, provided tele- providing in-region, interstate, inter- phone exchange service in such area; exchange services or in-region inter- and national interexchange services shall (2)(i) On February 8, 1996, was deemed provide such services through an affil- to be a member of the exchange carrier iate that satisfies the following re- association pursuant to § 69.601(b) of quirements: this title; or (1) The affiliate shall maintain sepa- (ii) Is a person or entity that, on or rate books of account from its affili- after February 8, 1996, became a suc- ated exchange companies. Nothing in cessor or assign of a member described this section requires the affiliate to in paragraph (2)(i) of this section. The maintain separate books of account Commission may also, by rule, treat an that comply with part 32 of this title; independent local exchange carrier as (2) The affiliate shall not jointly own an incumbent independent local ex- transmission or switching facilities change carrier pursuant to section with its affiliated exchange companies. 251(h)(2) of the Communications Act of Nothing in this section prohibits an af- 1934, as amended. filiate from sharing personnel or other Independent Local Exchange Carrier resources or assets with an affiliated (Independent LEC). Independent local exchange company; and exchange carriers are local exchange (3) The affiliate shall acquire any carriers, including GTE, other than the services from its affiliated exchange BOCs. companies for which the affiliated ex- Independent Local Exchange Carrier change companies are required to file a Affiliate (Independent LEC Affiliate). tariff at tariffed rates, terms, and con- An independent local exchange carrier ditions. Nothing in this section shall affiliate is a carrier that is owned (in prohibit the affiliate from acquiring whole or in part) or controlled by, or any unbundled network elements or ex- under common ownership (in whole or change services for the provision of a in part) or control with, an inde- telecommunications service from its pendent local exchange carrier. affiliated exchange companies, subject In-region service. In-region service to the same terms and conditions as means telecommunications service provided in an agreement approved originating in an independent local ex- under section 252 of the Communica- change carrier’s local service areas or tions Act of 1934, as amended. 800 service, private line service, or (b) Except as provided in paragraph their equivalents that: (b)(1) of this section, the affiliate re- (1) Terminate in the independent quired in paragraph (a) of this section LEC’s local exchange areas; and shall be a separate legal entity from its (2) Allow the called party to deter- affiliated exchange companies. The af- mine the interexchange carrier, even if filiate may be staffed by personnel of 373 VerDate Mar<15>2010 13:13 Dec 11, 2012 Jkt 226207 PO 00000 Frm 00383 Fmt 8010 Sfmt 8010 Y:\SGML\226207.XXX 226207 erowe on DSK2VPTVN1PROD with § 64.2001 47 CFR Ch. I (10–1–12 Edition) its affiliated exchange companies, (d) Call detail information. Any infor- housed in existing offices of its affili- mation that pertains to the trans- ated exchange companies, and use its mission of specific telephone calls, in- affiliated exchange companies’ mar- cluding, for outbound calls, the number keting and other services, subject to called, and the time, location, or dura- paragraph (a)(3) of this section. tion of any call and, for inbound calls, (1) For an incumbent independent the number from which the call was LEC that provides in-region, interstate placed, and the time, location, or dura- domestic interexchange services or in- tion of any call. region international interexchange (e) Communications-related services. services using no interexchange switch- The term ‘‘communications-related ing or transmission facilities or capa- services’’ means telecommunications bility of the LEC’s own (i.e., ‘‘inde- services, information services typically pendent LEC reseller,’’) the affiliate re- provided by telecommunications car- quired in paragraph (a) of this section riers, and services related to the provi- may be a separate corporate division of sion or maintenance of customer prem- such incumbent independent LEC. All ises equipment. other provisions of this Subpart appli- (f) Customer. A customer of a tele- cable to an independent LEC affiliate communications carrier is a person or shall continue to apply, as applicable, entity to which the telecommuni- to such separate corporate division. cations carrier is currently providing (2) [Reserved] service. [64 FR 44425, Aug. 16, 1999, as amended at 71 (g) Customer proprietary network infor- FR 65751, Nov. 9, 2006] mation (CPNI). The term ‘‘customer proprietary network information Subpart U—Customer Proprietary (CPNI)’’ has the same meaning given to Network Information such term in section 222(h)(1) of the Communications Act of 1934, as amend- SOURCE: 63 FR 20338, Apr. 24, 1998, unless ed, 47 U.S.C. 222(h)(1). otherwise noted. (h) Customer premises equipment (CPE). The term ‘‘customer premises equip- § 64.2001 Basis and purpose. ment (CPE)’’ has the same meaning (a) Basis. The rules in this subpart given to such term in section 3(14) of are issued pursuant to the Communica- the Communications Act of 1934, as tions Act of 1934, as amended. amended, 47 U.S.C. 153(14). (b) Purpose. The purpose of the rules (i) Information services typically pro- in this subpart is to implement section vided by telecommunications carriers. The 222 of the Communications Act of 1934, phrase ‘‘information services typically as amended, 47 U.S.C. 222. provided by telecommunications car- riers’’ means only those information § 64.2003 Definitions. services (as defined in section 3(20) of (a) Account information. ‘‘Account in- the Communication Act of 1934, as formation’’ is information that is spe- amended, 47 U.S.C. 153(20)) that are cifically connected to the customer’s typically provided by telecommuni- service relationship with the carrier, cations carriers, such as Internet ac- including such things as an account cess or voice mail services. Such number or any component thereof, the phrase ‘‘information services typically telephone number associated with the provided by telecommunications car- account, or the bill’s amount. riers,’’ as used in this subpart, shall (b) Address of record. An ‘‘address of not include retail consumer services record,’’ whether postal or electronic, provided using Internet Web sites (such is an address that the carrier has asso- as travel reservation services or mort- ciated with the customer’s account for gage lending services), whether or not at least 30 days. such services may otherwise be consid- (c) Affiliate. The term ‘‘affiliate’’ has ered to be information services. the same meaning given such term in (j) Local exchange carrier (LEC). The section 3(1) of the Communications Act term ‘‘local exchange carrier (LEC)’’ of 1934, as amended, 47 U.S.C. 153(1). has the same meaning given to such 374 VerDate Mar<15>2010 13:13 Dec 11, 2012 Jkt 226207 PO 00000 Frm 00384 Fmt 8010 Sfmt 8010 Y:\SGML\226207.XXX 226207 erowe on DSK2VPTVN1PROD with.
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