FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,708
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number.33 As noted above, for example, the Commission has found that "[t]o the extent that CPN-based
services are used to deliver emergency services, we find that privacy requirements for CPN-based
services should not apply to delivery of the CPN to a public agency's emergency line, a poison control
line, or in conjunction with 911 emergency services."34 In addition, the Commission has found that the
disclosure of caller ID does not violate any privacy rights protected by the U.S. Constitution.3S
11. We grant NASA's request for a limited waiver subject to the conditions discussed herein.
First, we conclude that a limited waiver of section 64.1601(b) serves the "public interest" in this instance
because KSC will be better able to protect the safety of its employees by reducing the time required to
identify and apprehend the perpetrators of threatening telephone calls.36 NASA provides several
examples of delays caused in identifying individuals that posed a potentially serious threat to its facility
as a result of strict compliance with the CPN rules.37 In one such instance, the threatening caller was
apprehended only after attempting to gain entrance to the KSC facility with a concealed handgun.3
12. Second, we find that special circumstances warrant a deviation from the general rule. The
NASA KSC facility is a high-profile, U.S. government institution responsible for matters of national
importance and national security, such as space launches involving classified as well as non-classified
missions. The record indicates that the KSC facility: (1) receives numerous threatening phone calls that
are serious in nature each year; (2) provides both end office-equivalent communications service and
public safety functions that are impaired by any delay in obtaining CPN; (3) provides work place
facilities and services 24 hours per day to 17,000 employees; and (4) constitutes a defined location within
distinct geographic boundaries. As the waiver granted herein applies only to a narrow and well-defined
public institution, we conclude that the waiver is predictable, workable, and not subject to discriminatory
application. As discussed below, we also condition the approval of this waiver on implementation of
several safeguards consistent with the privacy objectives of the CPN rules to protect the confidentiality
of calling parties.3" In addition, we recognize that KSC's circumstances may change or threats may
diminish which necessitate the granting of this waiver. Therefore, we require NASA-KSC to monitor
and report to the Commission whether and how this waiver has enhanced the ability of its KSC security
personnel to ensure the safety of its employees, including specific examples of such instances. We
require NASA to file this report no later than six and 18 months after the release date of this Order in CC
Docket No. 91-281. These reports will cover the penods from the release date of this Order until the
reporting date.4" We intend to monitor the results of this waiver, to inform us when considering any
similar requests in the future.
3 See, e.g., Caller ID Order, 9 FCC Rcd at 1770, para. 37; INSIGHT Order, 17 FCC Red at 225-26, paras. 8-12;
47 C.F.R. 64.1601(d).
34 Caller ID Order, 9 FCC Red at 1770, para. 37.
35 Id at 1769, para. 30.
36 NASA-KSC Petition at 2, 7.
37 Id at 3-4.
3 Id. at 4.
39 Id. at 8.
40 Specifically, these reporting periods will cover the timeframes from zero-to-six and zero-to-18 months following
the release date of this Order, respectively.
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/m1/51/: accessed December 15, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.