*Pages 1--1 from Microsoft Word - 48316.doc* NEWS Federal Communications Commission 445 12 th Street, S. W. Washington, D. C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D. C. Circ 1974). News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT: April 29, 2005 Mark Wigfield, 202- 418- 0253 Email: mark. wigfield@ fcc. gov FCC Upholds Rules Governing Competitive Access to Directory Assistance Washington, D. C. – The Federal Communications Commission today upheld and clarified its rules governing the duty of local exchange carriers to grant competing carriers access to directory assistance information. The Commission denied a petition filed by BellSouth Corp. and SBC Communications Inc. seeking reconsideration of rules that bar them from imposing restrictions on the use by competitors of directory assistance information competitors obtain from the LECs under the Communications Act. Section 251( b)( 3) of the Act requires that LECs provide nondiscriminatory access to directory assistance, and the Commission has determined that this permits competitors to have the same access to directory assistance information that the LECs provide to themselves. The order clarifies however, that a LEC must not provide access to numbers that are unlisted at the customer’s request. And while competing directory assistance providers may be entitled to nondiscriminatory access to directory assistance information, they still must adhere to the privacy requests made by LEC customers. The Commission further clarified that competitors are required to abide by other state and federal laws and regulations governing use of these data. For example, the order grants the petitioners' requests insofar as they ask the Commission to agree that there is no statutory basis for allowing directory assistance providers to use listings obtained pursuant to section 251( b)( 3) of the Act for directory publishing. Finally, the Commission rejected SBC and BellSouth’s argument that LECs should not be required to provide access to local listings that were obtained from third parties. Even though the Commission has declined to require LECs to provide nondiscriminatory access to nonlocal directory assistance data, it has consistently required nondiscriminatory access to all of their local directory assistance database listings. Action by the Commission April 29, 2005, by First Report and Order and Order on Reconsideration and Notice (FCC 05- 93). Chairman Martin, Commissioners Abernathy, Copps, and Adelstein. Wireline Competition Bureau Staff Contact: Rodney McDonald, 202- 418- 7513, rodney. mcdonald@ fcc. gov -FCC- 1