U.S. Appeals Court Denies NCTA Challenge To Privacy Rule

Cable sought review of FCC's opt-In requirement for sharing subscriber info

A federal appeals court Friday denied a petition by the National Cable &Telecommunications Association to review a Federal Communications Commission rule that bars phone companies from providing a subscriber's personal information to a marketing partner without consent.

The U.S. Court of Appeals for the District of Columbia Circuit turned down the NCTA's request to review an FCC order adopted in 2007 that requires telecommunications providers to obtain a customer's "opt-in" approval before sharing his or her information with a business partner for marketing purposes.

"It is widely accepted that privacy deals with determining for oneself when, how and to whom personal information will be disclosed to others," the court said in denying the petition for review.

In a separate case earlier this week that went cable's way, the D.C. appeals court upheld an FCC order requiring Verizon to stop "retention marketing" initiatives targeted at customers who had switched their phone service to cable.

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