CCC PPPPP U U CCC N N EEEEE W W W SSS C C P p U U C C NN N E W W W S S C P P U U C N N N E W W W S C PPPPP U U C N N N EEE W W W W SSS C P U U C N N N E WW WW S C C P U U C C N NN E W W S S CCC P UUUU CCC N N EEEEE W W SSS California Public Utilities Commission 505 Van Ness Avenue, Room 5301 San Francisco, CA 94102 CONTACT: Dianne Dienstein June 7, 1995 CPUC - 50 415-703-2423 CPUC APPEALS FCC CALLER ID DECISION The California Public Utilities Commission (CPUC) today appealed the recent Federal Communications Commission (FCC) Caller ID decision in the U.S. Court of Appeals in San Francisco claiming it puts the privacy of millions of Californians at risk. A phone customer who purchases Caller ID service is able to see the phone number of whoever is calling on a small screen attached or built in to the phone - unless the caller blocks disclosure of the number. The CPUC's existing Caller ID rules satisfy the state constitutional right of privacy by protecting Californians who pay an extra monthly charge for unlisted phone numbers to ensure their privacy and safety. They include police agencies and undercover police officers, victims of domestic violence and operators of shelters for such victims, single women, the elderly and children, people who wish to keep their names, addresses and telephone numbers from the mailing lists and databases of telemarketers and direct mail marketers, people who are fearful of technology, the developmentally disabled, people who wish to choose those to whom they give their private phone numbers and people who simply wish to be left alone. California has the highest number of unlisted subscribers in the U.S. In the state's ten largest cities, more than 60 percent of phone subscribers have chosen to have unlisted numbers. The CPUC authorized and encouraged California phone companies to offer the service in 1992, but with blocking options to protect all Californians. The phone companies, however, withheld the service and instead urged the FCC to reduce CPUC-established - more - privacy protections. While the recent FCC decision upheld most CPUC protections, it overruled one the CPUC deems extremely important for Caller ID -- the automatic blocking default for unlisted subscribers. The CPUC rules required any company with the capability of offering Caller ID to allow customers with unlisted phone numbers to automatically have disclosure of their number blocked unless they requested otherwise. Customers could override the blocking to reveal their number for a call by dialing *82 before the number they call. The CPUC rules also required phone companies to allow any customers dissatisfied with their initial blocking option one free change of blocking option. The phone companies argued to the FCC that the CPUC requirement of automatic number blocking for unlisted subscribers who don't contact the phone company to request blocking would make offering Caller ID not profitable. CPUC staff estimates that once Caller ID is offered, Pacific Bell - California's largest local phone company - stands to make tens of millions of dollars per year initially from the service, with its profits increasing over time. The FCC ruled that customers with unlisted numbers who do not contact the phone company to request that their number be blocked on all calls must dial *67 before each call they make to block disclosure. The CPUC is appealing the FCC decision because the CPUC believes no matter how comprehensive a consumer education program, many Californians with unlisted phone numbers will not find out how to protect their privacy under Caller ID, and their number will be disclosed without their knowledge or consent each time they make a phone call. The privacy of as many as 3 million Californians with unlisted numbers could be jeopardized. CPUC studies suggest that even with the CPUC's customer education requirements, more than 30 percent of California telephone subscribers won't receive notice about Caller ID or know their number is being disclosed or what they must do to prevent disclosure. Worse, some California phone companies are arguing that these customer notice and education requirements should be reduced. Customers with unlisted numbers who fail to receive notice will continue to pay extra for an unlisted number not realizing that with Caller ID, it no longer protects their privacy. ###