FCC Customer Proprietary Network Information (CPNI) and Data Breach Rules (47 CFR 64.2001-2011) CPNI-64.2004: Customer approval mechanisms - opt-in and opt-out (47 CFR 64.2004)

Section 64.2004 establishes the customer approval mechanisms for CPNI use. (a) CARRIERS MUST OBTAIN CUSTOMER APPROVAL BEFORE USING CPNI for marketing purposes outside of the relevant Section 222(c)(1) categories (i.e. outside the provision + offering of services adjacent to those the customer subscribes to + the carrier's category of service). (b) OPT-IN APPROVAL is required for: (i) disclosure to non-affiliated third parties for any purpose; (ii) joint venture or independent contractor use of CPNI for marketing not specifically related to the customer's existing service; (iii) certain affiliated marketing where the affiliate does not provide communications-related services. (c) OPT-OUT APPROVAL is sufficient for: (i) carrier's own use for marketing additional services; (ii) carrier's affiliates that provide communications-related services. (d) Notice + Election Process: customers must be provided clear + conspicuous notice + a reasonable + 30-day election period; opt-out elections remain in effect until the customer revokes; opt-in approval may be obtained at any time + remains in effect until revoked. (e) Opt-out method may use any of: written + electronic + oral notification methods; method must include sufficient information.