States Request Changes in FCC’s New Caller ID Rules : Telecommunications: Critics argue that privacy concerns are not adequately addressed.
Regulators in California and other states are seeking changes in new federal “caller ID” rules to give consumers greater control over who gets access to their telephone numbers.
Although not available in California, caller ID is offered in about 40 other states for calls made within those states. The Federal Communications Commission rules, which will take effect in April, will allow caller ID to be used with interstate calls.
People with caller ID service have a device that displays the caller’s number when the phone rings.
In petitions filed with the FCC, regulators in more than 20 states argue that the agency’s rules don’t adequately protect the privacy of people placing interstate calls to caller ID subscribers. They are also seeking assurances that the FCC does not intend to overturn individual states’ caller ID rules.
The FCC has not indicated how it will respond to the petitions.
The agency issued the new rules two months ago, but the order received little attention outside regulatory circles. In the order, the FCC said it is striking a balance between “the privacy interests of both the called and the calling party.”
Telephone companies have generally expressed satisfaction with the rules and would like to see the states adopt them, since it will be burdensome to abide by state and federal caller ID rules.
The FCC rules on blocking calls are similar to what Pacific Bell had wanted California regulators to adopt for intrastate calls, said Mark Pitchford, director of consumer product marketing for Pacific Bell.
At issue is consumers’ ability to keep their phone numbers from reaching caller ID subscribers in other states. Under the new FCC rules, people making interstate calls must first dial a special code to prevent their numbers from being relayed to caller ID subscribers.
Critics say the blocking code is cumbersome and does not sufficiently safeguard privacy. Many states permit automatic blocking on all calls made from a specific number, thus eliminating the need to dial a blocking code before every call. State regulators want the FCC to permit automatic blocking on calls between states.
“The federal standard means consumers will lose some measure of control over their personal information--in this case, their phone number,” said Beth Givens, director of Privacy Rights Clearinghouse, an advocacy group based in San Diego.
The states are also seeking clarification as to whether the FCC rules apply to intrastate calling. The agency’s order states that “certain state regulation of . . . interstate caller ID must be preempted.” Lawyers familiar with the order said the meaning of that phrase is not clear.
It is not unusual for the FCC to reconsider rules, especially when they provoke broad discussion. Some clarifications are expected. For example, the federal rules exempt emergency calls involving public agencies, specifically 911 calls and poison control centers. It is not clear whether the exemption includes private agencies that offer emergency services, such as battered-women shelters.
FCC attorney Suzanne Hutchings said at least two dozen states have lodged comments with the commission, many of them seeking clarifications or changes.
The California Public Utilities Commission has taken the added step of challenging the FCC rules in federal appeals court in San Francisco, arguing that the FCC has overstepped its authority. PUC attorney Ellen LeVine said the appeal is on hold pending FCC clarification of its rules.
“The right to privacy is guaranteed in the California Constitution,” LeVine said. “We think caller ID rules should be consistent with that right.”
The new FCC rules reopen the longstanding controversy over caller ID in California. After a series of emotional hearings, the PUC in 1992 adopted caller ID rules so restrictive that neither Pacific Bell nor GTE, the state’s two largest phone carriers, felt it was economically feasible to offer the service.
The PUC requires phone companies to offer both per-call blocking, which entails use of a blocking code, and automatic blocking on outgoing calls from specific telephone lines, also called per-line blocking. The commission ruled that people who have unlisted numbers--as nearly half the households in the state do--would receive automatic blocking unless they chose otherwise.
The PUC also requires phone companies to provide a third option in which people with automatic blocking could dial a special code to unblock transmission of their numbers on certain calls.
