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Dissemination of telephone numbers and other identifying information - 66 Pa. Cons. Stat. § 2906Legal Research Home > Pennsylvania Statutes
§ 2906. Dissemination of telephone numbers and other
identifying information.
(a) General rule.--Notwithstanding any other provision of
law, but subject to the provisions of this title, any telephone
call identification service offered in this Commonwealth by a
public utility or by any other person, partnership, association
or corporation that makes use of the facilities of a public
utility shall be lawful if it allows a caller to withhold
display of the caller's telephone number and other identifying
information on both a per-call and per-line basis from the
telephone instrument of the individual receiving the telephone
call.
(b) Charge prohibited.--There shall be no charge to the
caller who requests that the caller's telephone number and other
identifying information be withheld on a per-call basis. The
commission may approve a charge to the caller who requests that
the caller's telephone number and other identifying information
be withheld on a per-line basis if the commission finds, after
notice to all customers and an opportunity for hearing, that the
charge is just and reasonable and that the charge should be
imposed on the caller. Tariff rates shall not apply to victims
of domestic violence receiving services from a domestic violence
program or protected by a court order nor to social welfare
agencies, such as women's shelters, health and counseling
centers, public service hotlines and their staffs. In addition,
the commission shall direct that the tariff rates shall not
apply to customers who order the per-line blocking service
within 60 days of its introduction or within 60 days of any
request for new telephone service or transfer of existing
telephone service. The commission shall also direct that, as
soon as practicable, any public utility or any other person,
partnership, association or corporation that makes use of the
facilities of a public utility which provides this service shall
also provide to the calling party only the ability to
selectively unblock at no charge on a per-call basis a blocked
line using a means which differs from the means to activate per-
call blocking. The commission, in the interest of balancing
respective privacy interests, shall also permit a tariffed
service that automatically prevents the completion of telephone
calls to customers who do not wish to receive calls from callers
that withhold their telephone number or other identifying
information; the terms and conditions of such a tariff shall be
subject to commission approval.
(c) Notice.--A public utility offering a call identification
service shall notify its subscribers that their calls may be
identified to a called party at least 60 days before the service
is offered and shall clearly advise its subscribers of their
ability to withhold their telephone number and other identifying
information on both a per-call and a per-line basis. The form of
the required notices must be approved by the commission.
(d) Exceptions.--Notwithstanding any other provision of law,
but subject to the provisions of this title, provision of any of
the following caller identification services shall be lawful
even if the caller cannot withhold display of the caller's
telephone number and other identifying information from the
instrument of the individual receiving the telephone call:
(1) An identification service which is used within the
same limited system, including a Centrex or private branch
exchange (PBX) system, as the recipient telephone.
(2) An identification service which is used on a public
agency's emergency telephone line or on the line which
receives the primary emergency telephone number 911.
(3) An identification service provided in connection
with any "800" or "900" access code telephone service until
the public utility develops the technical capability to
comply with subsection (a), as determined by the commission.
Until such capability is developed, telephone subscribers
shall be notified annually by the public utility that use of
an "800" or "900" number may result in the disclosure of the
subscriber's telephone number or other identifying
information to the called party.
(4) An identification service for which the
identification information is a necessary component of the
communication being conveyed and for which, without such
information, the called party would not reasonably be able to
act upon or otherwise use the other portions of the
communication. This exception is intended to cover services,
such as health alert, home monitoring and other similar
telemetry services.
(Dec. 22, 1993, P.L.565, No.83, eff. imd.)
1993 Amendment. Act 83 added section 2906.
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Last modified: November 27, 2007 |