47 C.F.R. § 64.2305

Definitions

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Terms used in this subpart have the following meanings:

(a) Base file subscriber list information. A directory publisher requests base file subscriber list information when the publisher requests, as of a given date, all of a carrier's subscriber list information that the publisher wishes to include in one or more directories.

(b) Business subscriber. Business subscriber refers to a subscriber to telephone exchange service for businesses.

(c) Primary advertising classification. A primary advertising classification is the principal business heading under which a subscriber to telephone exchange service for businesses chooses to be listed in the yellow pages, if the carrier either assigns that heading or is obligated to provide yellow pages listings as part of telephone exchange service to businesses. In other circumstances, a primary advertising classification is the classification of a subscriber to telephone exchange service as a business subscriber.

(d) Residential subscriber. Residential subscriber refers to a subscriber to telephone exchange service that is not a business subscriber.

(e) Subscriber list information. Subscriber list information is any information:

(1) Identifying the listed names of subscribers of a carrier and such subscribers' telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses, or classifications; and

(2) That the carrier or an affiliate has published, caused to be published, or accepted for publication in any directory format.

(f) Telecommunications carrier. A telecommunications carrier is any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in 47 U.S.C. 226(a)(2)).

(g) Telephone exchange service. Telephone exchange service means:

(1) Service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or

(B) Comparable service provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service.

(h) Updated subscriber list information. A directory publisher requests updated subscriber list information when the publisher requests changes to all or any part of a carrier's subscriber list information occurring between specified dates.

Notes of Decisions

Cited in 7 cases (7 in the last 5 years), 2022–2025 · leading case: Spurlark v. Dimension Serv. Corp. (S.D. Ohio 2022).

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Spurlark v. Dimension Serv. Corp. (S.D. Ohio 2022). · cites it 2× “” 47 C.F.R. § 64.2305 (d). The National Do-Not-Call Registry provides one method of making a “do not call” request, allowing consumers to register their telephone numbers to indicate a desire not to receive telephone solicitations at those numbers.”

Ailion v. Healthcare Solutions Team, LLC (N.D. Ill. 2023). “47 C.F.R. § 64.2305 . In Plaintiff’s Amended Complaint, he alleges that the calls in question were made to his residential number.”

Rose v. New TSI Holdings, Inc. (S.D.N.Y. 2022). “§ 227 (c)(1–3), defines a “residential subscriber” as a “subscriber to a telephone exchange service that is not a business subscriber,” 47 C.F.R. § 64.2305 (d) — a definition that can include cellphone users.”

Tsolumba v. SelectQuote Ins. Servs. (N.D. Ohio 2023). “” 47 C.F.R. § 64.2305 (d); Stevens-Bratton, 437 F.”

Kemen v. Cincinnati Bell Inc. (S.D. Ohio 2023). “” 47 C.F.R. § 64.2305 (d). And 47 C.F.R. § 64.”

Jackson v. Direct Bldg. Supplies LLC (M.D. Penn. 2024). “57 The United States Court of Appeals for the First Circuit has likewise opined: “[the] argument that cell phone users are not ‘residential telephone subscribers’ runs headlong into the FCC’s express statements to the contrary.”

Dobronski v. CHW Grp. Inc (E.D. Mich. 2025). “” 47 C.F.R. § 64.2305 (d). But the FCC has issued an order finding that limiting residential subscribers to mean “telephone service used primarily for communications in the subscriber’s residence” is “far too restrictive.”

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