*Pages 1--4 from Microsoft Word - 60884.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 06- 2283 Released: November 7, 2006 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, JOHN F. KENNEDY SPACE CENTER PETITION FOR WAIVER OF 47 C. F. R. § 64.1601( b) REGARDING THE TRANSMISSION OF CALLING PARTY NUMBER CC Docket No. 91- 281 Comment Date: 15 days from publication in the Federal Register Reply Comment Date: 25 days from publication in the Federal Register On October 25, 2006, the National Aeronautics and Space Administration, John F. Kennedy Space Center (KSC) filed a petition for a limited waiver 1 of section 64.1601( b) of the Commission’s rules, which prohibits terminating carriers from passing calling party number (CPN) to the called party where a privacy indicator has been triggered. 2 KSC asserts that the security and emergency response duties of its security offices have been severely hampered by carriers’ refusal to provide CPN, and requests that the Commission allow KSC to receive CPN, even where the calling party has activated a privacy indicator. KSC, a spaceport in Florida where most of the United States’ space launches occur, employs a staff of 17,000 civil service employees and contractors in a facility that spans 219 square miles. 3 According to KSC, the facility provides its own security, fire and rescue, telecommunications and other utility services 24 hours per day. Over the course of a year, KSC reports receiving between 12 and 20 threatening or harassing phone calls that are considered serious in nature. 4 KSC states that the telecommunications carriers serving KSC are bound by the CPN privacy rules, and parties placing threatening calls often use CPN restriction to prevent authorities from identifying their location. As a result, KSC security personnel must request a trace of threatening calls in order to locate the perpetrator, a process which can take up to a week to identify the source of the threatening call. 5 KSC emphasizes that 1 See Petition for Waiver of Federal Communications Commission Regulations at 47 C. F. R. § 64. 1601( b) Re: Calling Party Numbers, filed by National Aeronautics and Space Administration, October 25, 2006 (Waiver Request). 2 47 CFR § 64. 1601( b). Section 64. 1601( b) states in pertinent part that “[ n] o common carrier subscribing to or offering any service that delivers CPN may override the privacy indicator associated with an interstate call…. [W] hen a caller requests that the CPN not be passed, a carrier may not reveal that caller’s number or name, nor may the carrier use the number or name to allow the called party to contact the calling party.” 3 Waiver Request at 2. 4 Id. at 3. 5 Id. 1 3 Pursuant to Sections 1.415 and 1.419 of the Commission’s rules, 47 C. F. R. §§ 1.415, 1.419, interested parties may file comments on KSC’s Waiver Request on or before the dates indicated on the first page of this document. When filing comments, please reference CC Docket No. 91- 281. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to http:// www. fcc. gov/ e- file/ ecfs. html. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U. S. Postal Service mailing address, and the applicable docket number (CC Docket No. 91- 281). Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send e- mail to ecfs@ fcc. gov, and should include the following words in the body of the message, “get form .” A sample form and directions will be sent in reply. Parties who choose to file by paper must send an original and four (4) copies of each filing. Filings can be sent by hand or messenger delivery, by electronic media, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission’s contractor will receive hand- delivered or messenger- delivered paper filings or electronic media for the Commission’s Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial and electronic media sent by overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12 th Street, S. W., Washington, D. C. 20554. All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12 th Street, SW, Room TW- B204, Washington, DC 20554. Unless otherwise provided, requests for waiver of the Commission's rules are subject to treatment by the Commission as restricted proceedings for ex parte purposes under section 1.1208 of the Commission's Rules, 47 C. F. R. § 1.1208. Because of the potential impact of this proceeding on persons not parties to the Waiver Request, this proceeding shall be treated as a permit- but- disclose proceeding under the ex parte rules, which are codified at 47 C. F. R. §§ 1.1200( a), 1.1206. Therefore, ex parte presentations will be allowed but must be disclosed in accordance with the requirements of section 1.1206( b) of the Commission's Rules, 47 C. F. R. § 1.1206( b). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. See 47 C. F. R. § 1.1206( b). Other rules pertaining to oral and written ex parte presentations in permit- but- disclose proceedings are set forth in section 1.1206( b) of the Commission’s rules, 47 C. F. R. § 1.1206( b). The full text of this document and copies of any subsequently filed documents in this matter will be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12 th Street, S. W., Room CY- A257, Washington, DC 20554, (202) 418- 0270. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format) send an e- mail to fcc504@ fcc. gov or call the Consumer & Governmental Affairs Bureau at (202) 418- 0530 (voice) or (202) 418- 0432 (TTY). This Public Notice can also be downloaded in Word or Portable Document Format (PDF) at http:// www. fcc. gov/ cgb. 3 4 FOR FURTHER INFORMATION CONTACT: Lynne Montgomery, Consumer & Governmental Affairs Bureau, Federal Communications Commission, 202- 418- 2229 (voice), Lynne. Montgomery@ fcc. gov. -FCC- 4