Federal Communications Commission § 64.1903

(b) Purpose. The purpose of these change carrier’s local service areas or rules is to regulate the provision of in- 800 service, private line service, or region, interstate, domestic, inter- their equivalents that: exchange services and in-region inter- (1) Terminate in the independent national interexchange services by in- LEC’s local exchange areas; and cumbent independent local exchange (2) Allow the called party to deter- carriers. mine the , even if the service originates outside the inde- § 64.1902 Terms and definitions. 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- 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 exchange carrier means, with respect § 64.1903 Obligations of all incumbent independent local exchange car- to an area, the independent local ex- riers. change carrier that: (1) On February 8, 1996, provided tele- (a) An incumbent independent LEC phone exchange service in such area; providing in-region, interstate, inter- and exchange services or in-region inter- (2)(i) On February 8, 1996, was deemed national interexchange services shall to be a member of the exchange carrier provide such services through an affil- association pursuant to § 69.601(b) of iate that satisfies the following re- this title; or quirements: (ii) Is a person or entity that, on or (1) The affiliate shall maintain sepa- after February 8, 1996, became a suc- rate books of account from its affili- cessor or assign of a member described ated exchange companies. Nothing in in paragraph (2)(i) of this section. The this section requires the affiliate to Commission may also, by rule, treat an maintain separate books of account independent local exchange carrier as that comply with Part 32 of this title; an incumbent independent local ex- (2) The affiliate shall not jointly own change carrier pursuant to section transmission or switching facilities 251(h)(2) of the Communications Act of with its affiliated exchange companies. 1934, as amended. Nothing in this section prohibits an af- Independent Local Exchange Carrier filiate from sharing personnel or other (Independent LEC). Independent local resources or assets with an affiliated exchange carriers are local exchange exchange company; and carriers, including GTE, other than the (3) The affiliate shall acquire any BOCs. services from its affiliated exchange Independent Local Exchange Carrier companies for which the affiliated ex- Affiliate (Independent LEC Affiliate). change companies are required to file a An independent local exchange carrier tariff at tariffed rates, terms, and con- affiliate is a carrier that is owned (in ditions. Nothing in this section shall whole or in part) or controlled by, or prohibit the affiliate from acquiring under common ownership (in whole or any unbundled network elements or ex- in part) or control with, an inde- change services for the provision of a pendent local exchange carrier. service from its In-region service. In-region service affiliated exchange companies, subject means telecommunications service to the same terms and conditions as originating in an independent local ex- provided in an agreement approved

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under section 252 of the Communica- (b) Address of record. An ‘‘address of tions Act of 1934, as amended. record,’’ whether postal or electronic, (b) Except as provided in paragraph is an address that the carrier has asso- (b)(1) of this section, the affiliate re- ciated with the customer’s account for quired in paragraph (a) of this section at least 30 days. shall be a separate legal entity from its (c) Affiliate. The term ‘‘affiliate’’ has affiliated exchange companies. The af- the same meaning given such term in filiate may be staffed by personnel of section 3(1) of the Communications Act its affiliated exchange companies, of 1934, as amended, 47 U.S.C. 153(1). housed in existing offices of its affili- (d) Call detail information. Any infor- ated exchange companies, and use its mation that pertains to the trans- affiliated exchange companies’ mar- mission of specific telephone calls, in- keting and other services, subject to cluding, for outbound calls, the number paragraph (a)(3) of this section. called, and the time, location, or dura- (1) For an incumbent independent tion of any call and, for inbound calls, LEC that provides in-region, interstate the number from which the call was domestic interexchange services or in- placed, and the time, location, or dura- region international interexchange tion of any call. services using no interexchange switch- (e) Communications-related services. ing or transmission facilities or capa- The term ‘‘communications-related bility of the LEC’s own (i.e., ‘‘inde- services’’ means telecommunications pendent LEC reseller,’’) the affiliate re- services, information services typically quired in paragraph (a) of this section provided by telecommunications car- may be a separate corporate division of riers, and services related to the provi- such incumbent independent LEC. All sion or maintenance of customer prem- other provisions of this Subpart appli- ises equipment. cable to an independent LEC affiliate (f) Customer. A customer of a tele- shall continue to apply, as applicable, communications carrier is a person or to such separate corporate division. entity to which the telecommuni- (2) [Reserved] cations carrier is currently providing 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- ed, 47 U.S.C. 222(h)(1). SOURCE: 63 FR 20338, Apr. 24, 1998, unless otherwise noted. (h) Customer premises equipment (CPE). The term ‘‘customer premises equip- § 64.2001 Basis and purpose. ment (CPE)’’ has the same meaning given to such term in section 3(14) of (a) Basis. The rules in this subpart the Communications Act of 1934, as are issued pursuant to the Communica- amended, 47 U.S.C. 153(14). tions Act of 1934, as amended. (i) Information services typically pro- (b) Purpose. The purpose of the rules vided by telecommunications carriers. The in this subpart is to implement section phrase ‘‘information services typically 222 of the Communications Act of 1934, provided by telecommunications car- as amended, 47 U.S.C. 222. riers’’ means only those information services (as defined in section 3(20) of § 64.2003 Definitions. the Communication Act of 1934, as (a) Account information. ‘‘Account in- amended, 47 U.S.C. 153(20)) that are formation’’ is information that is spe- typically provided by telecommuni- cifically connected to the customer’s cations carriers, such as ac- service relationship with the carrier, cess or voice mail services. Such including such things as an account phrase ‘‘information services typically number or any component thereof, the provided by telecommunications car- telephone number associated with the riers,’’ as used in this subpart, shall account, or the bill’s amount. not include retail consumer services

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