Page:United States Statutes at Large Volume 110 Part 1.djvu/173

 PUBLIC lAW 104-104—FEB. 8, 1996 110 STAT. 149 "(d) EXCEPTIONS.—Nothing in this section prohibits a telecommunications carrier from using, disclosing, or permitting access to customer proprietary network information obtained from its customers, either directly or indirectly through its agents— "(1) to initiate, render, bill, and collect for telecommunications services; "(2) to protect the rights or property of the carrier, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or "(3) to provide any inbound telemarketing, referral, or administrative services to the customer for the duration of the call, if such call was initiated by the customer and the customer approves of the use of such information to provide such service. "(e) SUBSCRIBER LIST INFORMATION.— Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service shall provide subscriber list information gathered in its capacity as a provider of such service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of publishing directories in any format. "(f) DEFINITIONS.—As used in this section: " (1) CUSTOMER PROPRIETARY NETWORK INFORMATION.—The term 'customer proprietary network information' means— "(A) information that relates to the quantity, technical configuration, type, destination, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier, and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and "(B) information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier; except that such term does not include subscriber list information. "(2) AGGREGATE INFORMATION.—The term 'aggregate customer information' means collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed. "(3) SUBSCRIBER LIST INFORMATION.—The term 'subscriber list information' means any information— "(A) identifying the listed names of subscribers of a carrier and such subscribers' telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses, or classifications; and "(B) that the carrier or an affiliate has published, caused to be published, or accepted for publication in any directory format.". SEC. 703. POLE ATTACHMENTS. Section 224 (47 U.S.C. 224) is amended— (1) in subsection (a)(1), by striking the first sentence and inserting the following: "The term 'utility' means any person who is a local exchange carrier or an electric, gas, water,

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