FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,707
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confidentiality of the CPN.2 These measures include: (1) operating the SecureLogix in a secure facility,
using passwords to protect the data and limiting access to the information to designated
telecommunications and security personnel who have signed non-disclosure agreements; (2) allowing
telecommunications and security personnel to access restricted CPN data only when investigating
harassing or threatening phone calls and requiring them to document the access as part of the
investigative report; (3) allowing transmission of restricted CPN information from KSC to other law
enforcement agencies only through secure communications; and (4) destroying CPN information after a
reasonable retention period.26
8. The Consumer and Governmental Affairs Bureau released a Public Notice in CC Docket No.
91-281 seeking comment on the NASA-KSC Petition.7 No comments were received in response to this
C. Waiver Standard
9. The Commission may waive any of its rules if the petitioner shows "good cause."28s A waiver
may be granted if: (1) the waiver would better serve the public interest than would application of the
rule; and (2) special circumstances warrant a deviation from the general rule.29 Circumstances that would
justify a waiver include "considerations of hardship, equity, or more effective implementation of overall
policy."30 The waiver must have identifiable standards that are predictable, workable, and not
susceptible to discriminatory application.31 Generally, the Commission may grant a waiver of its own
rules if the relief requested would not undermine the policy objectives of the rule in question, and would
otherwise serve the public interest.32
10. We conclude that, subject to certain conditions, NASA's petition meets the standards for
granting a limited waiver of section 64.1601(b) while not undermining the privacy objectives of that rule.
We find here, as the Commission has previously, specific circumstances where the need to ensure public
safety takes precedence over a caller's interest in maintaining the privacy of his or her telephone
27 See 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, Public Notice, 21 FCC Red 13132 (CGB 2006).
The Public Notice was published in the Federal Register on November 29, 2006 (71 Fed. Reg. 69094-01).
28 47 C.F.R. 1.3; WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969); appeal after remand, 459 F.2d 1203
(D.C. Cir. 1972), cert. denied, 409 U.S. 1027 (1972); Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1 164 (D.C.
29 Northeast Cellular, 897 F.2d at 1166.
30 WAIT Radio, 418 F.2d at 1159.
3' Northeast Cellular, 897 F.2d at 1166.
2 WAIT Radio, 418 F.2d at 1157.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc111171/m1/50/: accessed August 18, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.