LAW OFFICES OF THOMAS K. CROWE, P.C.

LEGAL ALERT
 

Clients and Interested Parties:

In a Public Notice released yesterday, the FCC’s Enforcement Bureau (“Bureau”) is directing all telecommunications carriers, including wireline and wireless carriers as well as resellers, to submit a compliance certificate and supporting statement to the FCC as required by Section 64.2009(e) of the Commission’s rules.  Carrier certificates and supporting statements for the most recent period must be filed no later than Monday, February 6, 2006.

The Bureau’s Public Notice is fueled in part by recent reports that “data brokers” have advertised the availability of records of wireless subscribers’ incoming and outgoing telephone calls for a fee.  Data brokers have also advertised the availability of certain landline toll calls.  In response, also on January 30, 2006, the Bureau issued notices proposing to assess forfeitures of $100,000 each against both AT&T, Inc. and Alltel Corporation for apparently violating Section 64.2009(e) by failing to have a corporate officer execute an annual certificate in connection with the protection and use of customer proprietary network information (“CPNI”).

Section 222 of the Communications Act of 1934, as amended, requires that telecommunications carriers protect the privacy of CPNI.  CPNI may only be disclosed under certain specific circumstances, including with the approval of the customer.  The Bureau’s recent Public Notice reflects a concern that many telecommunications carriers may not be operating in compliance with the substantive requirements of Section 64.2009 and the Section 64.2009(e) annual CPNI certificate filing obligation. 

Section 64.2009 establishes safeguards and procedures for the use of CPNI.  A copy of Section 64.2009 is attached for reference.  Among other things, these regulations require telecommunications carriers to implement a system under which the status of a customer’s CPNI approval can be clearly established prior to the use of the CPNI.  Carriers are required to train personnel as to when they are, and are not, authorized to use CPNI, and must have a written disciplinary process in place.  Carriers are required to maintain a record of their own and their affiliates’ sales and marketing campaigns that use their customers’ CPNI.  All instances where CPNI was disclosed or provided to third parties, or where third parties were allowed to access CPNI, must be recorded and maintained in accordance with Section 64.2009(c).  Section 64.2009(d) requires carriers to establish a supervisory review process to ensure compliance in connection with outbound marketing and sales, and sales personnel must obtain supervisory approval of any proposed outbound marketing request for customer approval.  Finally, Section 64.2009(e) requires that:

A telecommunications carrier must have an officer, as an agent of the carrier, sign a compliance certificate on an annual basis stating that the officer has personal knowledge that the company has established operating procedures that are adequate to ensure compliance with the rules in this subpart.  The carrier must provide a statement accompanying the certificate explaining how its operating procedures ensure that it is or is not in compliance with the rules in this subpart.

CPNI compliance certificates, signed by an officer of the carrier, accompanied by a statement explaining how the carrier’s operating procedures ensure compliance with Section 64.2009, must be filed no later than Monday, February 6, 2006.  Note that both a signed certification and a statement describing compliance with the specific regulatory requirements must be submitted.  Telecommunications carriers, including resellers, wireless providers and prepaid providers, which do not submit CPNI compliance certificates by this date risk potential enforcement action by the FCC.

If you are interested in having our attorneys prepare a CPNI compliance certificate and supporting statement for your company or have any questions, please do not hesitate to contact us. 

Thomas K. Crowe, President "firm@tkcrowe.com"
Gregory E. Kunkle, Staff Attorney
Law Offices of Thomas K. Crowe, P.C.
(Admitted only in Virginia; practice limited to federal communications matters)
1250 24th Street, N.W.
Suite 300
Washington, D.C. 20037
(202) 263-3640 (voice)
(202) 263-3641 (fax)
www.tkcrowe.com