| (a) Application. Unless the context clearly indicates
otherwise, this section applies to all telecommunications utilities
and providers of commercial mobile radio services otherwise herein
referred to as "Providers of Caller ID." This section does not apply
to a deregulated company holding a certificate of operating authority
or to an exempt carrier under Public Utility Regulatory Act (PURA) §52.154.
(b) Caller identification services ("caller ID").
(1) Application. This subsection does not apply to:
(A) an identification service that is used within the
customer's own system, including a central office based PBX-type system;
(B) information that is used on a public agency's emergency
telephone line or on a line that receives the primary emergency telephone
number (9-1-1, or E9-1-1);
(C) information passed between telecommunications utilities,
enhanced service providers, or other entities that is necessary for
the set-up, processing, transmission, or billing of telecommunications
or related services;
(D) information provided in compliance with applicable
law or legal process; or
(E) an identification service provided in connection
with a "700," "800," "888," "900," or similar access code telecommunications
service.
(2) Caller ID blocking.
(A) Per-call blocking. All providers of caller ID must
provide per-call blocking at no charge to each telephone subscriber
in the specific area in which caller ID is offered.
(B) Per-line blocking.
(i) A provider of caller ID may offer and provide per-line
blocking to any customer at any time without any notification to the
commission by the customer or the provider. The telecommunications
provider is encouraged to notify the customer by mail of the effective
date that per-line blocking will be instituted.
(ii) All providers of caller ID, except commercial
mobile radio service providers, must provide per-line blocking at
no charge to a particular customer in the specific area in which caller
ID is offered if the commission receives from the customer written
certification that the customer has a compelling need for per-line
blocking. Commercial mobile radio service providers must provide per-line
blocking to a particular customer in the specific area in which caller
ID is offered if the commission receives from the customer written
certification that the customer has a compelling need for per-line
blocking.
(I) When a customer requests per-line blocking through
the commission, the provider of caller ID must notify the customer
by mail of the effective date that per-line blocking will be instituted.
(II) The commission may prescribe and assess fees and
assessments from providers of caller ID in an amount sufficient to
cover the additional expenses incurred by the commission in implementing
the customer certification provisions of this clause.
(III) Reports, records, and information received under
this clause by the commission or by a provider of caller ID are confidential
and may be used only for the purposes of administering this subparagraph.
(iii) A provider of caller ID may assess a service
order charge relating to administrative costs to reinstate per-line
blocking on a line, if the customer initially received the per-line
block at no charge and then later asked the provider to remove it.
The service charge authorized by this clause must be approved by the
commission except where the provider of Caller ID is a commercial
mobile radio service provider.
(3) Blocking failures and provider responsibilities.
When a provider of caller ID service to a customer originating a call
becomes aware of a failure to block the delivery of calling party
information from a line equipped with per-line blocking or per-call
blocking, and the caller had attempted to block the call, it must
report such failure to the Caller ID Consumer Education Panel, the
commission, and the affected customer if that customer did not report
the failure. The provider must report such failure to the commission
by contacting the commission liaison to the panel. A reasonable effort
must be made to notify the affected customer within 24 hours after
the provider becomes aware of such failure.
(4) Public policy statement. A provider of caller ID
services must inform all of its telephone subscribers of how the subscriber
can unblock a line equipped with per-line blocking.
(5) Filing of caller ID materials. A provider of caller
ID services must file all caller ID materials in Project 14505.
(c) Usage of calling party information in other services.
A dominant certificated telecommunications utility may not use calling
party information to allow the called party to contact the calling
party, when that calling party had indicated a desire for privacy
in the initial call by blocking the delivery of his or her calling
party information through the use of either a per-call or per-line
blocking option, as those terms are defined in §26.5 of this
title (relating to Definitions).
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| Source Note: The provisions of this §26.123 adopted to be effective November 15, 1998, 23 TexReg 11642; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524 |
