For the past few years, telecommunications carriers and interconnected VoIP providers have been required to file annual certifications of CPNI compliance in WCB docket 06-36. These certifications are due by March 1 each year — and this year is no exception. Failure to file a certification has led to significant proposed fines from the FCC. Proposed fines have been issued at $100,000, $20,000 or $25,000, depending upon when the FCC issued the order. We would not bet on this year’s $25,000 standard fine being reduced this year, what with the deficit to contend with and all. And, although the FCC recently settled some CPNI-related actions for as little as $250, the agency could impose a fine as high as $150,000 which can translate into a fine of $1.5 million under the FCC’s "continuing violation" method of jacking-up fines.
Earlier today, the FCC released an "Enforcement Advisory" reminding its subjects of the filing requirement and its intention to "strictly" enforce the rules (or to at least go after those who don’t file or fail to file properly). The Advisory should soon be available here (it wasn’t at the time of our post)
Notably, the FCC is making available a new web application for filing this year’s CPNI certifications. Filers can still use the FCC’s electronic comment filing system or paper filing process, if they prefer one of those methods. The new app interface is available here.