(33) “Subscriber list information” means:
(a) Any information identifying the listed names of subscribers of a telecommunications provider and such subscribers' telephone numbers, addresses, or primary advertising classifications, or any combination thereof. Subscriber list information does not include or refer to any information pertaining to a telephone customer account where the subscriber has subscribed to a non-published or non-listed number service.
(b) Any information that a telecommunications provider or an affiliate has published, caused to be published, or accepted for future publication in any directory format.
(34) “Telecommunications carrier” has the meaning set forth in s. 196.01, Stats.
(35) “Telecommunications provider” has the meaning set forth in s. 196.01, Stats.
SECTION 9. PSC 165.02 (38) and (39) are created to read:
(38) “Telephone caller identification service” has the meaning set forth in s. 196.207 (1) (c), Stats. “Telephone caller identification service” does not include or refer to telecommunications services that are not subject to the requirements of s. 196.207, Stats.
(39) “Telephone line identification” has the meaning set forth in s. 196.207 (1) (d), Stats.
SECTION 10. PSC 165.20 through 165.30 are created to read:
PSC 165.20 Purpose. The purpose of ss. 165.20 through 165.30 of this chapter is to set forth privacy guidelines applicable to intrastate telecommunications services and to establish a telecommunications privacy council to advise the commission concerning the administration of s. 196.209, Stats., and the enforcement of the privacy provisions of this chapter.
PSC 165.21 Privacy considerations for new services. (1) Any telecommunications provider proposing to offer a new service or add a new feature to an existing service, under ss. 196.19, 196.196(3), or 196.499, Stats., shall comment in its tariff application to the commission on any privacy considerations that are expected to occur with respect to the new service, or state that no privacy considerations are known to exist with respect to the new service.
(2) In its comment, the provider shall identify:
(a) The circumstances in which the privacy consideration could occur.
(b) Whether the degree of privacy diminished by the new service or feature can be restored.
(c) Whether the means to restore privacy will be available for a charge and, if applicable:
1. What the charge will be.
2. What reason justifies the charge for restoring the privacy diminished by the new service or feature.
(3) Pursuant to ss. 196.19 (1m) (b) and 196.499 (1), Stats., the commission staff shall review a tariff application under sub. (1) to identify any privacy considerations that could arise with the new service.
(4) (a) If the commission determines that unresolved privacy considerations exist with respect to a tariff application filed under s. 196.19 (1m), Stats., it shall serve a written notice of suspension on the telecommunications utility, pursuant to s. 196.19 (1m) (b), Stats.
(b) The commission shall make a determination under par. (a) and serve a notice of suspension on the telecommunications utility within 10 days after the date on which the proposed tariff was filed with the commission.
(c) A notice of suspension shall state the specific privacy considerations the commission will investigate.
(d) Upon issuing a notice of suspension, the commission shall:
1. Open a docket and issue a public notice designating the matter for investigation.
2. Indicate whether a hearing will be held.
3. Issue an order as required by s. 196.19 (1m) (d), Stats.
(5) If the commission determines that unresolved privacy considerations exist with respect to a tariff application filed under s. 196.499, Stats., it shall investigate the matter under s. 196.499 (6), Stats.
PSC 165.22 Telephone caller identification service. (1) GENERAL. The following minimum conditions of service apply to the provision of calling name delivery or calling number delivery. No provision of this section should be interpreted to prevent a telecommunications provider from offering per-line blocking at no additional charge to customers in addition to those specified herein.
(a) A telecommunications provider offering a telephone caller identification service shall provide per-call blocking at no additional charge on every access line in an exchange where caller identification is offered, unless it is not feasible to do so.
(b) A telecommunications provider proposing to offer a telephone caller identification service under a tariff filed pursuant to ss. 196.19 or 196.196 (3), Stats., shall identify in its tariff application all access lines where the per-call blocking feature will not be available and explain why the per-call blocking feature is not feasible on those lines.
(c) A telecommunications provider offering a telephone caller identification service shall provide per-line blocking in accordance with the conditions of service specified in subs. (2), (3), and (4).
(d) A telecommunications provider offering a telephone caller identification service that offers a per-line blocking feature to customers in addition to those specified in subs. (2), (3), and (4) may not charge for that per-line blocking feature.
(e) A telecommunications provider offering a telephone caller identification service shall conduct an information campaign in accordance with sub. (5) prior to offering the service.
(2) BLOCKING FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) A telecommunications provider offering a telephone caller identification service shall provide per-line blocking on an optional basis at no additional charge to the following persons located within an area where such service is offered:
1. Any person protected by an injunction, temporary restraining order, or other court order relating to domestic abuse, harassment or child abuse issued in any jurisdiction in the United States.
2. Any organization designated by the commission as eligible to receive per-line blocking under ss. 196.207(2)(e)2 and 196.207(2)(e)3.
(b) Persons eligible for blocking under this subsection may specify the access lines subject to per-line blocking as follows:
1. An eligible individual may order per-line blocking for any access line, regardless of whether he or she is the listed subscriber for that access line, with a statement to the telecommunications provider, either orally or in writing, to the effect that the access line will be used by an eligible individual or organization, unless the subscriber of record for that access line declines the blocking service.
2. An eligible organization may order per-line blocking for the residential access line of any employee of the organization, or any residential access line designated by the eligible organization as serving a victim of domestic violence.
(3) BLOCKING FOR PUBLIC SAFETY AND SOCIAL SERVICE AGENCIES.
(a) A telecommunications provider offering a telephone caller identification service shall provide per-line blocking at no charge, upon written request, to any municipal, county, state or federal law enforcement agency, fire department, public social service agency or parole office within the exchange where such service is offered.
(b) An eligible agency under sub. (1) may order per-line blocking for any access line it designates, regardless of whether the agency is the listed subscriber, with a written request to the telecommunications utility to the effect that the access line will be used by that eligible agency for its official purposes, unless the subscriber of record for that access line declines the blocking service.
(c) An eligible agency under sub. (1) may order per-line blocking at no charge for any individual if the agency determines per-line blocking is necessary to prevent a threat of violence, or protect the safety of any person in that subscriber's household.
(4) RESALE. A telecommunications provider offering basic local exchange service to another telecommunications provider for purposes of resale, either through a tariff filed under s. 196.19, Stats., or through an interconnection agreement negotiated or arbitrated pursuant to 47 USC 251 and approved by the commission, may not condition, limit, or otherwise restrict the ability of the reseller or competitive local exchange carrier to offer per-line blocking, on an optional basis and at no additional charge, to any of its customers, except that the reseller or competitive local exchange carrier must comply with the minimum conditions of service in sub. (1).
(5) INFORMATION CAMPAIGN. (a) Any telecommunications provider proposing to offer a caller identification service in a given exchange shall conduct an information campaign in that exchange during the 60-day period preceding introduction of the service.
(b) The information campaign shall inform telephone users of the following:
1. The date on which a telephone caller identification service will become operational in a given exchange.
2. The procedure for operating the per-call blocking signal.
3. A discussion of the display device that is required with a telephone caller identification service, and the effect blocking will have upon the call display.
4. An explanation that blocking will not affect the operation of the 911 emergency telephone system.
5. Notification that additional information regarding the availability of customer premises equipment providing either automatic blocking or blocked call blocking functionality is available upon request.
6. An explanation of the out-of-area indications a subscriber may experience with a telephone caller identification service.
7. A telephone number for a customer service representative prepared to answer other questions about the telephone caller identification service.
(c) Any telecommunications provider proposing to offer a telephone caller identification service shall contact all eligible organizations it serves, by separate direct mail, to inform those organizations of their blocking privilege, as well as the blocking options of the individuals whom they serve, and ascertain whether the eligible organization desires per-line blocking.
(d) Any telecommunications provider proposing to offer a telephone caller identification service shall provide the required information in a press release to local media, and in a bill insert mailed to all subscribers in an exchange at least 20 days before introduction of such service.
(e) A telecommunications provider shall repeat this information campaign each time the provider substantially modifies the operation of the telephone caller identification service in a given service area.
PSC 165.23 Non-published and non-listed number services. A telecommunications provider offering basic local exchange service shall offer to its customers a non-listed and a non-published number service. The provider may establish a reasonable charge for the services.
PSC 165.24 Call detail. A telecommunications provider offering basic local exchange service on a measured or per-call basis shall offer to provide a summary of the local call detail as part of the local telephone bill. The provider may establish a reasonable charge for the service.
PSC 165.25 Call trace. A telecommunications provider offering basic local exchange service shall offer to its customers a tracing service to identify the source of unlawful, abusive and nuisance telephone calls. The provider may establish a reasonable charge for the service.
PSC 165.26 Subscriber list rental service. (1) A telecommunications provider offering basic local exchange service may furnish subscriber list information to third parties for a reasonable charge.
(2) A telecommunications provider may not include the name, address or other information pertaining to a telephone customer account for which the subscriber has subscribed to a non-published or non-listed number service without first obtaining the written authorization of the subscriber in question.
(3) Any telecommunications provider furnishing subscriber list information to third parties shall publish a telephone number that a subscriber may call to remove his or her subscriber list information from future subscriber list agreements.
(4) This section does not apply to the release of subscriber list information to the extent that release is required by 47 USC 222 (e), or by rules promulgated by the federal communications commission. This section does not apply to the sale or exchange of white pages listings to telecommunications providers for the purpose of preparing a white page directory of the local calling area for a given exchange.
PSC 165.27 Customer records. (1) GENERAL. A telecommunications provider offering basic local exchange service or basic message telecommunications service within the state shall not make available to any person, without obtaining prior written consent of the subscriber, any of the following information:
(a) The subscriber's call detail, including personal patterns and any listing of the telephone numbers or other access numbers called by the subscriber. This paragraph does not apply to calling name delivery or calling number delivery, subject to the restrictions in s. PSC 165.22, and does not apply to billing information concerning the person calling which federal law or regulation requires a telecommunications provider to furnish to the person called.
(b) The subscriber's credit or other personal financial information.
(c) The basic or optional telecommunications services which a subscriber has ordered from either a telecommunications provider or from an independent supplier of information services that uses telecommunications network facilities to provide the basic or optional telecommunications service to the subscriber.
(d) Demographic information about individual subscribers, or aggregate information from which individual identities and characteristics have not been removed.
(2) DISCLOSURE TO SUBSCRIBER. If a telecommunications provider releases information to a third party, with the consent of the subscriber under sub. (1), the provider shall inform the subscriber, upon request, of the identity of each person to whom the information has been released.
(3) RESCISSION. Any subscriber who has given consent for the release of personal information under sub. (1) may rescind this consent upon written notice to the telecommunications provider.
(4) EXCLUSIONS. This section does not apply to any of the following:
(a) Information provided by subscribers for inclusion in a telephone directory.
(b) Information provided through directory assistance service.
(c) Postal zip code information.
(d) Information provided to a collection agency by a telecommunications provider for the exclusive purpose of collecting unpaid debts owed the provider.
(e) Information disclosed to a dispatcher at a public safety answering point in the course of a telephone call to 911, or any other call communicating an imminent threat to life or property.
(f) Information provided to a law enforcement agency or other third party in response to a subpoena, court order or other lawful process.
(g) Information required by the commission pursuant to its jurisdiction over telecommunications providers.
(h) Information transmitted between telecommunications providers to the extent necessary to furnish telecommunications service between or within service areas.
(i) Information a telecommunications provider is required to release under the rules and orders of the commission, including information provided to another telecommunications provider to comply with s. PSC 165.051.
(j) Information a telecommunications provider is required to release by federal statute and the rules and orders of the federal communications commission.
(k) Subscriber list information and customer proprietary network information.
PSC 165.28 Customer proprietary network information. (1) A telecommunications provider offering basic local exchange service or basic message telecommunications service within the state 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 that customer proprietary network information in its provision of:
(a) The telecommunications service from which the information was derived.
(b) Services necessary to, or used in, the provision of the telecommunications service from which the information was derived, including the publishing of telephone directories.
(2) A telecommunications provider offering basic local exchange service or basic message telecommunications service within the state that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall disclose the customer proprietary network information for a given customer account, upon affirmative written request by the customer, to any person designated by the customer.
(3) This section does not apply to:
(a) The use, disclosure or access to aggregate customer information from which individual customer identities and characteristics have been removed to the extent that use, disclosure or access is permitted by 47 USC 222, or by rules promulgated by the federal communications commission.
(b) The use, disclosure or access to customer proprietary network information permitted by 47 USC 222 (d), or by rules promulgated by the federal communications commission.
