Regulating "Caller ID:" emulation and learning in US state-level telecommunication policy processes

Telecommunications Policy

Volumn 20, Issue 7, 1996, Pages 531-542

  Mukherjee, Roopali ^a   Samarajiva, Rohan ^b  

^a INDIANA UNIVERSITY   (United States)

^b OHIO STATE UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

FEES AND CHARGES; INTERNATIONAL COOPERATION; LAWS AND LEGISLATION; PUBLIC POLICY; SOCIETIES AND INSTITUTIONS; TELEPHONE; TELEPHONE ACCOUNTING SYSTEMS;

CALLING TIME IDENTIFICATION; STATE JURISDICTIONS; STATE TELECOMMUNICATION POLICY;

TELEPHONE SYSTEMS;

EID: 0030218213     PISSN: 03085961     EISSN: None     Source Type: Journal    
DOI: 10.1016/0308-5961(96)00035-3     Document Type: Article

References (90)

1. There are 51 "state" jurisdictions in the United States - 50 states and the District of Columbia.
2. Goffman, E Relations in Public: Microstudies of the Public Order, Basic Books, New York (1971).
3. Altman, I The Environment and Social Behavior: Privacy, Personal Space, Territory, and Crowding, Books/Cole Monterey, CA (1975); Petronio, S 'Communication boundary management: A theoretical model of managing disclosure of private information between marital couples' Communication Theory 1991 1 (4) 311- 335; Ruggles, M 'Mixed signals: Personal data control in the intelligent network' Media Information Australia 1993 67 28-39.
4. Altman, I The Environment and Social Behavior: Privacy, Personal Space, Territory, and Crowding, Books/Cole Monterey, CA (1975); Petronio, S 'Communication boundary management: A theoretical model of managing disclosure of private information between marital couples' Communication Theory 1991 1 (4) 311-335; Ruggles, M 'Mixed signals: Personal data control in the intelligent network' Media Information Australia 1993 67 28-39.
5. Altman, I The Environment and Social Behavior: Privacy, Personal Space, Territory, and Crowding, Books/Cole Monterey, CA (1975); Petronio, S 'Communication boundary management: A theoretical model of managing disclosure of private information between marital couples' Communication Theory 1991 1 (4) 311- 335; Ruggles, M 'Mixed signals: Personal data control in the intelligent network' Media Information Australia 1993 67 28-39.
6. Samarajiva, R 'Privacy in electronic public space: emerging issues' Canadian Journal of Communication 1994 19 (1) 90.
7. Gormley, WT Jr The Politics of Public Utility Regulation Univ of Pittsburgh, Pittsburgh, PA (1983).
8. Bennett, CJ Regulating Privacy: Data Protection and Public Policy in Europe and the United States, Cornell Univ, Ithaca, NY (1992); Samarajiva, R and Shields, P 'Emergent institutions of the "intelligent network": Toward a theoretical understanding' Media, Culture and Society 1992 14 (3) 397-419.
9. Bennett, CJ Regulating Privacy: Data Protection and Public Policy in Europe and the United States, Cornell Univ, Ithaca, NY (1992); Samarajiva, R and Shields, P 'Emergent institutions of the "intelligent network": Toward a theoretical understanding' Media, Culture and Society 1992 14 (3) 397-419.
10. Filing by NJ Bell Tel Co for a revision of tariff BPU-NJ No 2, Providing for the introduction of CLASS Calling service on a limited basis, Docket TT87070560, NJ Board of Public Utilities, filed 16 July 1987.
11. These included filings in Maryland, Pennsylvania, Tennessee, Virginia and West Virginia.
12. For safeguards against harassing callers, automatic dialing and announcing devices, and telemarketers, see, Smith, RE Compilation of State and Federal Laws Washington DC, Privacy Journal (1989); Burns, RE, Samarajiva, R and Mukherjee, R Utility Customer Information: Privacy and Competitive Implications NRRI #92-11 National Regulatory Research Institute, Columbus OH (September 1992), Appendices. At the end of 1991, efforts to restrict inflows from telemarketers were high on state legislative agendas. 'Telemarketing tops state lawmakers concerns in 1991' State Telephone Regulation Report 26 December 1991, pp 1+. See also, Katz, JE 'Public concern over privacy: The phone is the focus' Telecommunications Policy (1991) 166; Katz, JE and Tassone, AR 'Public opinion trends: Privacy and information technology' Public Opinion Quarterly (1990) 54 125-143; Louis Harris and Associates and Westin, AF The Dimensions of Privacy: A National Opinion Research Survey of Attitudes Toward Privacy Garland, New York (1981).
13. For safeguards against harassing callers, automatic dialing and announcing devices, and telemarketers, see, Smith, RE Compilation of State and Federal Laws Washington DC, Privacy Journal (1989); Burns, RE, Samarajiva, R and Mukherjee, R Utility Customer Information: Privacy and Competitive Implications NRRI #92-11 National Regulatory Research Institute, Columbus OH (September 1992), Appendices. At the end of 1991, efforts to restrict inflows from telemarketers were high on state legislative agendas. 'Telemarketing tops state lawmakers concerns in 1991' State Telephone Regulation Report 26 December 1991, pp 1+. See also, Katz, JE 'Public concern over privacy: The phone is the focus' Telecommunications Policy (1991) 166; Katz, JE and Tassone, AR 'Public opinion trends: Privacy and information technology' Public Opinion Quarterly (1990) 54 125-143; Louis Harris and Associates and Westin, AF The Dimensions of Privacy: A National Opinion Research Survey of Attitudes Toward Privacy Garland, New York (1981).
14. For safeguards against harassing callers, automatic dialing and announcing devices, and telemarketers, see, Smith, RE Compilation of State and Federal Laws Washington DC, Privacy Journal (1989); Burns, RE, Samarajiva, R and Mukherjee, R Utility Customer Information: Privacy and Competitive Implications NRRI #92-11 National Regulatory Research Institute, Columbus OH (September 1992), Appendices. At the end of 1991, efforts to restrict inflows from telemarketers were high on state legislative agendas. 'Telemarketing tops state lawmakers concerns in 1991' State Telephone Regulation Report 26 December 1991, pp 1+. See also, Katz, JE 'Public concern over privacy: The phone is the focus' Telecommunications Policy (1991) 166; Katz, JE and Tassone, AR 'Public opinion trends: Privacy and information technology' Public Opinion Quarterly (1990) 54 125-143; Louis Harris and Associates and Westin, AF The Dimensions of Privacy: A National Opinion Research Survey of Attitudes Toward Privacy Garland, New York (1981).
15. For safeguards against harassing callers, automatic dialing and announcing devices, and telemarketers, see, Smith, RE Compilation of State and Federal Laws Washington DC, Privacy Journal (1989); Burns, RE, Samarajiva, R and Mukherjee, R Utility Customer Information: Privacy and Competitive Implications NRRI #92-11 National Regulatory Research Institute, Columbus OH (September 1992), Appendices. At the end of 1991, efforts to restrict inflows from telemarketers were high on state legislative agendas. 'Telemarketing tops state lawmakers concerns in 1991' State Telephone Regulation Report 26 December 1991, pp 1+. See also, Katz, JE 'Public concern over privacy: The phone is the focus' Telecommunications Policy (1991) 166; Katz, JE and Tassone, AR 'Public opinion trends: Privacy and information technology' Public Opinion Quarterly (1990) 54 125-143; Louis Harris and Associates and Westin, AF The Dimensions of Privacy: A National Opinion Research Survey of Attitudes Toward Privacy Garland, New York (1981).
16. For safeguards against harassing callers, automatic dialing and announcing devices, and telemarketers, see, Smith, RE Compilation of State and Federal Laws Washington DC, Privacy Journal (1989); Burns, RE, Samarajiva, R and Mukherjee, R Utility Customer Information: Privacy and Competitive Implications NRRI #92-11 National Regulatory Research Institute, Columbus OH (September 1992), Appendices. At the end of 1991, efforts to restrict inflows from telemarketers were high on state legislative agendas. 'Telemarketing tops state lawmakers concerns in 1991' State Telephone Regulation Report 26 December 1991, pp 1+. See also, Katz, JE 'Public concern over privacy: The phone is the focus' Telecommunications Policy (1991) 166; Katz, JE and Tassone, AR 'Public opinion trends: Privacy and information technology' Public Opinion Quarterly (1990) 54 125-143; Louis Harris and Associates and Westin, AF The Dimensions of Privacy: A National Opinion Research Survey of Attitudes Toward Privacy Garland, New York (1981).
17. For safeguards against harassing callers, automatic dialing and announcing devices, and telemarketers, see, Smith, RE Compilation of State and Federal Laws Washington DC, Privacy Journal (1989); Burns, RE, Samarajiva, R and Mukherjee, R Utility Customer Information: Privacy and Competitive Implications NRRI #92-11 National Regulatory Research Institute, Columbus OH (September 1992), Appendices. At the end of 1991, efforts to restrict inflows from telemarketers were high on state legislative agendas. 'Telemarketing tops state lawmakers concerns in 1991' State Telephone Regulation Report 26 December 1991, pp 1+. See also, Katz, JE 'Public concern over privacy: The phone is the focus' Telecommunications Policy (1991) 166; Katz, JE and Tassone, AR 'Public opinion trends: Privacy and information technology' Public Opinion Quarterly (1990) 54 125-143; Louis Harris and Associates and Westin, AF The Dimensions of Privacy: A National Opinion Research Survey of Attitudes Toward Privacy Garland, New York (1981).
18. Makul, RE (Director, Division of Rate Counsel, Department of Public Advocates) Intervention in New Jersey Bell's request for revision of tariffs to introduce NJ Bell's CLASS Calling service on a limited basis 12 August 1987, p 1.
19. Makul, RE Intervention in New Jersey Bell's request . . ., p 1.
20. In the matter of filing by NJ Bell Tel Co for a revision of tariff BPU-NJ No 2, Providing for the introduction of CLASS Calling service on a limited basis, Decision and Order, NJ Board of Pub Utils Docket TT88070825, 17 September 1987. It is noteworthy that the opposing vote was cast by the then chair of the Board of Public Utilities, Christine Whitman, who subsequently reached high political prominence as a candidate for the US Senate, governor of New Jersey, and prospective vice-presidential candidate. The final decision of the Board of Public Utilities reiterated the no-block ruling, and was applicable to a permanent offering of the service. In the matter of filing by NJ Bell Tel Co for a revision of tariff BPU-NJ No 2, Providing for Approval of Provision of CLASS Calling Service on a Standard Tariff Basis and the Withdrawal of the Interim Limited CLASS Calling Service, Tarrif at 5, NJ Board of Pub Utils Docket TT88070825, 20 October 1983.
21. Glaeser, MG Public Utilities in American Capitalism Macmillan, New York (1957); Phillips, CF Jr The Regulation of Public Utilities: Theory and Practice Public Utilities Report Inc, Arlington, VA (1988).
22. Glaeser, MG Public Utilities in American Capitalism Macmillan, New York (1957); Phillips, CF Jr The Regulation of Public Utilities: Theory and Practice Public Utilities Report Inc, Arlington, VA (1988).
23. There is some regulatory precedent on wiretapping and trace issues, telemarketing intrusions and the use of automatic dialing and announcing devices (ADADs), disclosures of White Pages and Yellow Pages directory lists, unpublished/unlisted service issues, ANI disclosures, etc. In many cases, regulatory proceedings on these issues focused on the competitive implications of unequal access to customer lists rather than privacy considerations. Burns, Samarajiva and Mukherjee, Utility Customer Information. . . , (192), Appendices.
24. Smith vs Maryland, 442 US 735, 742.
25. Burns, Samarajiva, Mukherjee, Utility Customer Information . . . (1992) p 99.
26. McManus, TE Telephone Transaction-Generated Information: Rights and Restrictions (Program on Information Resources Policy) Harvard Univ, Cambridge, MA (1990) pp 6, 43, 85-99.
27. Assembly Bill 1446, California Public Utility Code, § 2893, signed on 15 September 1989.
28. 'NY PUC orders per-call and per-line blocking on three month Rochester Telephone Co trial', NARUC Bulletin, No 6-1990, pp 9-10.
29. Protected Number Service provides customers with two phone numbers on a single line and two ringing patterns. One number does not appear on Caller ID display units when the customer places a call, while the other does. When the former number is called, it generates a distinctive ring, indicating a 'friendly' call. The second number is a 'new' non-published number that will appear on Caller ID screens, but because it is non-published, the number cannot be associated with the caller's name through reverse directory assistance. When that non-published number is called, the phone rings normally alerting the customer that this may be an unwanted call. Shultz, P Caller ID, ANI & Privacy: A Review of the Major Issues Affecting Number Identification Technologies (1990 Report Series No 4), Washington DC, Telecommunications Reports (1990) p 29.
30. David M. Barasch, Consumer Advocate, et al vs Pennsylvania Public Utility Commission, Case Nos 2268, 2270, 2324 and 2371, Commonwealth Docket 1989, Order dated 30 May 1990 (576 A 2d 79, Pa Commw Ct 1990).
31. North Carolina Department of Justice, Office of Attorney General, Criminal Division, 'Caller ID telephone equipment and legislation controlling trap and trace devices', 17 July 1990, NC Utilities Commission Docket P-55, SUB 925; Order Initiating Investigation, Iowa Utilities Board Docket INU-90-2, dated 3 October 1990; 'Florida PSC postpones decision on "Caller ID" due to protests from law enforcement officers', NARUC Bulletin, 9 April 1990, p 7; Idaho Commission rules concerning the privacy of telephone subscriber records and disclosure of records to third parties by telephone utilities, Case No 31, D-89-1, Gen Order No 181, effective 1 September 1990; Notice of Inquiry/Staff Report and Recommendations, Washington Utilities and Transportation Commission Docket 89-3194-SI, dated 15 October 1990.
32. North Carolina Department of Justice, Office of Attorney General, Criminal Division, 'Caller ID telephone equipment and legislation controlling trap and trace devices', 17 July 1990, NC Utilities Commission Docket P-55, SUB 925; Order Initiating Investigation, Iowa Utilities Board Docket INU-90-2, dated 3 October 1990; 'Florida PSC postpones decision on "Caller ID" due to protests from law enforcement officers', NARUC Bulletin, 9 April 1990, p 7; Idaho Commission rules concerning the privacy of telephone subscriber records and disclosure of records to third parties by telephone utilities, Case No 31, D-89-1, Gen Order No 181, effective 1 September 1990; Notice of Inquiry/Staff Report and Recommendations, Washington Utilities and Transportation Commission Docket 89-3194-SI, dated 15 October 1990.
33. North Carolina Department of Justice, Office of Attorney General, Criminal Division, 'Caller ID telephone equipment and legislation controlling trap and trace devices', 17 July 1990, NC Utilities Commission Docket P-55, SUB 925; Order Initiating Investigation, Iowa Utilities Board Docket INU-90-2, dated 3 October 1990; 'Florida PSC postpones decision on "Caller ID" due to protests from law enforcement officers', NARUC Bulletin, 9 April 1990, p 7; Idaho Commission rules concerning the privacy of telephone subscriber records and disclosure of records to third parties by telephone utilities, Case No 31, D-89-1, Gen Order No 181, effective 1 September 1990; Notice of Inquiry/Staff Report and Recommendations, Washington Utilities and Transportation Commission Docket 89-3194-SI, dated 15 October 1990.
34. North Carolina Department of Justice, Office of Attorney General, Criminal Division, 'Caller ID telephone equipment and legislation controlling trap and trace devices', 17 July 1990, NC Utilities Commission Docket P-55, SUB 925; Order Initiating Investigation, Iowa Utilities Board Docket INU-90-2, dated 3 October 1990; 'Florida PSC postpones decision on "Caller ID" due to protests from law enforcement officers', NARUC Bulletin, 9 April 1990, p 7; Idaho Commission rules concerning the privacy of telephone subscriber records and disclosure of records to third parties by telephone utilities, Case No 31, D-89-1, Gen Order No 181, effective 1 September 1990; Notice of Inquiry/Staff Report and Recommendations, Washington Utilities and Transportation Commission Docket 89-3194-SI, dated 15 October 1990.
35. North Carolina Department of Justice, Office of Attorney General, Criminal Division, 'Caller ID telephone equipment and legislation controlling trap and trace devices', 17 July 1990, NC Utilities Commission Docket P-55, SUB 925; Order Initiating Investigation, Iowa Utilities Board Docket INU-90-2, dated 3 October 1990; 'Florida PSC postpones decision on "Caller ID" due to protests from law enforcement officers', NARUC Bulletin, 9 April 1990, p 7; Idaho Commission rules concerning the privacy of telephone subscriber records and disclosure of records to third parties by telephone utilities, Case No 31, D-89-1, Gen Order No 181, effective 1 September 1990; Notice of Inquiry/Staff Report and Recommendations, Washington Utilities and Transportation Commission Docket 89-3194-SI, dated 15 October 1990.
36. Order of Suspension, Alabama PSC Docket 21592, dated 6 August 1990. Order Granting Motion for Stay, South Carolina PSC Docket 89-638-C, dated 7 June 1990. Re: Chesapeake and Potomac Telephone Co. of Maryland, Maryland Public Service Commission Case No 8283, Order No 69021, 20 November 1990, 118 PUR 4th 464
37. In the Matter of the Application of the Chesapeake and Potomac Telephone Company to Offer Return Call and Caller ID Within the District of Columbia, Opinion and Order No 9506, Formal Case No 891, dated 20 July 1990.
38. Service was not actually approved in the District of Columbia until February 1991. C&P Telephone opposed the PSC's free central-office based blocking, proposing operator-assisted blocking at 450 per use instead, but in early 1991, the LEC yielded on the blocking question and with that service was approved. Kirchoff, H Status of Caller ID Service and Privacy: A 50-State Survey (White Paper), Washington DC, Telecom Publishing Group (1991) p 8.
39. A month later, the Office of People's Counsel (OPC) in Washington DC requested reconsideration of the PSC's decision, arguing for per-line blocking. Telecommunication Reports, 11 March 1991, p 41. The PSC denied the OPC's request, reaffirming its preference for per-call blocking.
40. 'DC Commission denies People's Counsel request to reconsider Caller ID order' Telecommunication Reports, 9 September 1991, p 11.
41. S 2030 and HR 4340, 101st Congress, 2d session, introduced August 1990.
42. Pacific Bell, Report on Calling Number Delivery and Privacy: Issues, Options, and Implementation, 16 March 1990.
43. Rules and Policies Regarding Calling Number Identification Service: Notice of Proposed Rulemaking, 6 FCC Red 6752 (1991).
44. Opinion and Order, Nevada Docket No 90-333, dated 20 August 1990. Compliance Order, dated 30 August 1990.
45. Central Telephone Company of Illinois, Proposed Establishment of Customer Calling II Service referred to as Caller Identification Service (Docket 90-0465) and Illinois Bell Telephone Company, Proposed Establishment of Customer Calling Service referred to as Caller ID (Docket 90-0466) Illinois Commerce Commission Hearing Examiner's Proposed Order, Dockets 90-0465 and 90-0466, 13 August 1991, pp 24-25.
46. South Carolina Public Service Commission Docket 89638-C, 132 PUR 4th 145. This decision was particularly surprising since it followed a state Supreme Court ruling that CLID neither violated state wiretap laws nor state or federal Constitutions. The Court's ruling made it permissible for the LEC to offer no-block CLID as had been previously approved by the commission. Southern Bell vs Hamm, No 23488, Supreme Court of South Carolina 1991 S.C. LEXIS 208, heard 20 May 1991, filed 7 October 1991
47. Bennett, Regulating Privacy . . . (1992) p 116.
48. There were some instances where intervenors urged consideration of alternate solutions. For instance, during the California proceeding, some intervenors asked for outright prohibition of CLID. Occasionally, participants requested that approval of CLID be accompanied by mandatory provision of other CLASS services. (CLASS services are related to CLID in that they are enabled by the same software package that makes CLID possible.) This occurred in the Ohio proceeding when "Call Trace," which stores a caller's number in the telephone switch when activated and can identify callers, was seen as an effective substitute for CLID. Similarly, in Virginia, the commission mandated provision of "Automatic Call Rejection" which allows subscribers to automatically reject calls with blocked numbers
49. 1992 Ind SEA 222, Sec 2, IC 8-1-2.9, Chapter 2.9: Telephone Caller Identification Services, passed 27 February 1992.
50. Bennett, Regulating Privacy . . . (1992) pp 4-5.
51. Gray, V 'Innovation in the states: A diffusion study' American Political Science Review 1973 67 1174-1185.
52. Bennett, Regulating Privacy . . . (1992) p 5. See also, Ikenberry, GJ 'The international spread of privatization policies: Inducements, learning and "policy band- wagoning" ' in Suleiman, EN and Waterbury, J (eds) The Political Economy of Public Sector Reform and Privatization Westview, Boulder, CO (1990) 88-110; Meny, Y 'The national and international context of French policy communities' Political Studies 1989 38 389-90; Wright, M 'Policy community, policy network and comparative industrial policies' Political Studies 1988 36 593-612.
53. Bennett, Regulating Privacy . . . (1992) p 5. See also, Ikenberry, GJ 'The international spread of privatization policies: Inducements, learning and "policy band-wagoning" ' in Suleiman, EN and Waterbury, J (eds) The Political Economy of Public Sector Reform and Privatization Westview, Boulder, CO (1990) 88-110; Meny, Y 'The national and international context of French policy communities' Political Studies 1989 38 389-90; Wright, M 'Policy community, policy network and comparative industrial policies' Political Studies 1988 36 593-612.
54. Bennett, Regulating Privacy . . . (1992) p 5. See also, Ikenberry, GJ 'The international spread of privatization policies: Inducements, learning and "policy band- wagoning" ' in Suleiman, EN and Waterbury, J (eds) The Political Economy of Public Sector Reform and Privatization Westview, Boulder, CO (1990) 88-110; Meny, Y 'The national and international context of French policy communities' Political Studies 1989 38 389-90; Wright, M 'Policy community, policy network and comparative industrial policies' Political Studies 1988 36 593-612.
55. Bennett, Regulating Privacy . . . (1992) p 5. See also, Ikenberry, GJ 'The international spread of privatization policies: Inducements, learning and "policy band- wagoning" ' in Suleiman, EN and Waterbury, J (eds) The Political Economy of Public Sector Reform and Privatization Westview, Boulder, CO (1990) 88-110; Meny, Y 'The national and international context of French policy communities' Political Studies 1989 38 389-90; Wright, M 'Policy community, policy network and comparative industrial policies' Political Studies 1988 36 593-612.
56. Jones, DN, Burns, RE, Darr FP, Eifert M, Graniere, RJ, Lock, RHJH and Poling, R Regional Regulation of Public Utilities: Opportunities and Obstacles, NRRI 92-19, Columbus, OH, National Regulatory Research Institute (December 1992) p iii.
57. Cole B and Oettinger, M The Reluctant Regulators Addison-Wesley, Reading, MA (1978). These authors were early commenters on the influence of the trade journals. Viswanath, K, Samarajiva, R and Park, E 'Covering telecommunication privacy: A study of national and local press coverage of the policy process', paper presented at the 19th conference of the International Association for Mass Communication Research, Seoul, Korea, July 1994, is the first report of a project analyzing the effect of news media, including trade journals in the policy diffusion process.
58. Cole B and Oettinger, M The Reluctant Regulators Addison-Wesley, Reading, MA (1978). These authors were early commenters on the influence of the trade journals. Viswanath, K, Samarajiva, R and Park, E 'Covering telecommunication privacy: A study of national and local press coverage of the policy process', paper presented at the 19th conference of the International Association for Mass Communication Research, Seoul, Korea, July 1994, is the first report of a project analyzing the effect of news media, including trade journals in the policy diffusion process.
59. The NARUC Bulletin, a newsletter for state regulatory staff and commissioners regularly announced such conferences between 1990 and 1992. Numerous symposia and workshops on privacy were also hosted by industry groups and consumer advocacy groups during this time. The agendas of annual regulatory meetings, such as, the Williamsburg Conference and "Camp NARUC," a two-week training program for regulators held in August each year, included sessions on telecommunications privacy. Staff at some state commissions convened workshops inviting academic experts, consumer advocates, legislative aides, and telephone company representatives.
60. For example, Samarajiva, R 'Testimony on behalf of the City of Cleveland before the Public Utilities Commission of Ohio on Case Nos 90-467-TP-ATA & 90-471-TP-ATA' (Proposed introduction of Caller ID and Automatic Callback), Columbus, OH, 25 September 1991. Samarajiva, R 'Testimony on behalf of the American Civil Liberties Union before the Illinois Commerce Commission on Docket Nos 90-0465 and 90-0466' (Proposed introduction of Caller-ID service), Chicago, IL, 7 June 1991.
61. For example, Samarajiva, R 'Testimony on behalf of the City of Cleveland before the Public Utilities Commission of Ohio on Case Nos 90-467-TP-ATA & 90-471-TP- ATA' (Proposed introduction of Caller ID and Automatic Callback), Columbus, OH, 25 September 1991. Samarajiva, R 'Testimony on behalf of the American Civil Liberties Union before the Illinois Commerce Commission on Docket Nos 90-0465 and 90-0466' (Proposed introduction of Caller-ID service), Chicago, IL, 7 June 1991.
62. Exceptions may be found in parts of the testimony of the New Jersey Public Advocate, the decision of the Administrative Law Judge in Pennsylvania and the dissenting opinion of Commissioner Long from the Washington DC PUC. Here, attention was drawn to corporate entities using CLID capabilities to accumulate lists of personal information about individuals. The discussion in Samarajiva, R and Shields, P 'Emergent institutions of the "intelligent network": Toward a theoretical understanding' Media, Culture and Society 1992 14 (3) 404-405, describes this as the invocation of the "individual-organization" frame. Given its asymmetry, the individual-organization frame provides justification for protecting consumers from organizations. A third frame identified by Samarajiva and Shields is the "organization-organization" frame that highlights opposing organizational interests. Examples include policies that attempt to ensure a level playing field between telephone company affiliates and enhanced service providers for competitive access to customer information. This frame has been heavily invoked in the federal ONA proceedings and in state dockets on access to various types of customer information, but not in relation to CLID.
63. Gitlin, T The Whole World is Watching: Mass Media in the Making and the Unmaking of the New Left Univ of California, Berkeley, CA (1980) pp 6-7.
64. Goffman, E Frame Analysis: An Essay on the Organization of Experience Harper & Row, New York (1974).
65. Lindblom, CE and Cohen, DK Usable Knowledge: Social Science and Social Problem Solving Yale Univ, New Haven, CT (1979) p 50.
66. Samarajiva and Shields 'Emergent institutions of the "intelligent network" . . .' 1992 p 398.
67. Giddens, A A Contemporary Critique of Historical Materialism: The Nation-State and Violence Vol 2, Univ of California, Berkeley, CA (1987) p 11.
68. David M. Barasch, Consumer Advocate, et al vs Pennsylvania Public Utility Commission, Case Nos 2268, 2270, 2324 and 2371, Commonwealth Docket 1989, order dated 30 May 1990 (576 A 2d 79, Pa Commw Ct 1990).
69. Bennett, Regulating Privacy . . . (1992) p 126.
70. Samarajiva and Shields 'Emergent institutions of the "intelligent network" . . .' (1992) p 399.
71. Searches conducted at URL "http:// thomas.loc.gov/home" for both 103rd and 104th Congresses show that last activity on CLID services and number blocking occurred late in 1993 in both Houses. Neither bill reached a vote in either house during the 103rd Congress, and neither was reintroduced in the 104th Congress.
72. Rules and Policies Regarding Calling Number Identification Service: Notice of Proposed Rulemaking, 6 FCC Red 6752 (1991).
73. In the Matter of Rules and Policies Regarding Calling Number Identification Service - Caller ID, Report and Order and Further Notice of Proposed Rulemaking, CC Docket 91-281, adopted 8 March 1994, released 29 March 1994.
74. In the Matter of Rules and Policies Regarding Calling Number Identification Service - Caller ID, Memorandum Opinion and Order on Reconsideration, Second Report and Order and Third Notice of Proposed Rulemaking, CC Docket 91-281, adopted 4 May 1995, released 5 May 1995.
75. At the end of 1991, eight state jurisdictions had approved per-call blocking with CLID.
76. The last instance of a state commission choosing per-call blocking was in 1993, when the Virginia Commission changed its policy from allowing no-block CLID to requiring per-call blocking with Automatic Call Rejection.
77. AT&T's 800 INformation FOrwarding-2 (INFO-2) Service Order, 3 FCC Red 4407 (1988). In the Matter of Filing and Review of Open Network Architecture Plans, Memorandum Opinion and Order, CC Docket 88-2, Phase II, 4 FCC Red 209 (1989).
78. ANI technologies are tariffed by the FCC. LECs offer the service to IXCs and other subscribers through Feature Group D access service and Feature Group B over D access service as part of the Open Network Architecture tariffs. IXCs offer them through the INFO-2 tariffs.
79. Notice of Proposed Flulemaking in the Matter of Rules and Policies Regarding Calling Number Identification Service, adopted 26 September 1991, released 23 October 1991, pp 3, 15, n 42.
80. NPRM . . . on Calling Number Identification Service, 1991, p 3.
81. Noll, R 'Government regulatory behavior: A multidisciplinary survey and synthesis' in Noll, RG (ed) Regulatory Policy and the Social Sciences Univ of California, Berkeley, CA (1985) p 41.
82. S 2030 and HR 4340 101st Congress, 2nd session, introduced August 1990.
83. HR 1305, introduced March 1991.
84. The Telephone Privacy Act of 1991, S 652, 102nd Congress, introduced June 1991. During December 1991, Senator Leahy dropped off as co-sponsor of the bill with concerns about the extent of state preemption. 'Leahy drops off as cosponsor of Senate Caller ID bill' Communications Daily 1991 11 (233) 1-2.
85. The Telephone Privacy Act of 1991, S 652, 102nd Congress, introduced June 1991. During December 1991, Senator Leahy dropped off as co-sponsor of the bill with concerns about the extent of state preemption. 'Leahy drops off as cosponsor of Senate Caller ID bill' Communications Daily 1991 11 (233) 1-2.
86. HR 1449, introduced June 1991.
87. The Telephone Privacy Act of 1991, S 612, 103rd Congress, 1st session, introduced March 1993. The Telephone Consumer Privacy Protection Act of 1993, HR 3432, 103rd Congress, 1st session, introduced November 1993.
88. NARUC, vs FCC and USA, Louisiana PSC et al (Intervenors), Order 86-1205, Federal Court of Appeals (2d Cir), dated 30 March 1987 (vacating FCC Report and Order in CC Docket 85-89, dated 31 March 1986).
89. Search conducted at URL "http:// thomas.loc.gov/home" for both 103rd and 104th Congresses.
90. The Communications Act of 1995, S 652 and HR 1555, 104th Congress, 1st session, introduced March 1995 and May 1995, respectively. In December 1995, the House and Senate versions appeared to have been reconciled by conference committee to the satisfaction of the White House, though there were indications that the compromise was fragile.