Tag Archives: CPNI

It’s Official: The Old CPNI Rules Are Back in Effect

Today the Office of Federal Register published a final rule from the Federal Communications Commission (FCC or Commission) that formally voids the rule changes in the Commission’s 2016 Privacy Order—which Congress invalidated in a 2017 Congressional Review Act (CRA) joint resolution earlier this year—and reinstates the voice-centric customer proprietary network information (CPNI) rules “in effect immediately prior to the effect … Continue Reading

FCC Votes to Impose Aggressive New Privacy Rules on Broadband Providers

At the Federal Communications Commission’s (“FCC”) Open Meeting on October 27, the Commission voted along party lines (3-2) to impose more stringent rules on broadband Internet service providers (“ISPs”). Chairman Tom Wheeler, along with Commissioners Rosenworcel and Clyburn voted in favor of the item, while Commissioners Pai and O’Rielly voted against it. The new rules … Continue Reading

FCC Includes Privacy Item on Its March Open Meeting Agenda: What to Expect

It’s official: next Thursday, March 31, 2016, the FCC will vote on a Notice of Proposed Rulemaking seeking comment on a proposed framework for new privacy and data security rules for broadband Internet access service (BIAS) providers.  This proceeding will have important implications for not only the broadband providers subject to the rules, but also … Continue Reading

AT&T Reaches $25 Million Settlement with FCC over Privacy and Data Security Violations

On April 8, 2015, the Federal Communications Commission (“FCC” or the “Commission”) Enforcement Bureau (“EB”) reached a $25 million consent decree with AT&T over privacy and data security breaches involving its customers’ proprietary information (“PI”) and customer proprietary network information (“CPNI”) at three of AT&T’s international call centers.  Under the terms of the settlement, AT&T … Continue Reading

FCC Issues Enforcement Advisory Discussing Upcoming Annual CPNI Certification Filing Deadline

Earlier today, the Federal Communications Commission released an enforcement advisory reminding telecommunications carriers and interconnected VoIP providers of the upcoming annual customer proprietary network information (“CPNI”) certification due by March 2, 2015.  For Kelley Drye’s own advisory on this CPNI filing requirement, please see the attached alert.… Continue Reading

Federal Communications Commission Announces Membership in Global Privacy Enforcement Network

On October 28, 2014, the Federal Communications Commission (“FCC” or the “Commission”) announced that it had joined the Global Privacy Enforcement Network (“GPEN”), a network of privacy enforcement and regulatory bodies from around the world that engages in collaboration and coordination on cross-border privacy enforcement actions.… Continue Reading

FCC Proposes $10 Million in Fines for Privacy and Data Security Violations

On October 24, the FCC, over the dissent of its two Republican commissioners, issued a Notice of Apparent Liability (NAL) proposing a fine of $10 million to Lifeline eligible telecommunications carriers (“ETCs”) TerraCom, Inc. and YourTel America, Inc. for violations of laws protecting “phone customers’ personal information.” This is the agency’s first data security case and the … Continue Reading

Checking the Boxes: FCC Proposes Forfeiture of Half a Million Dollars against International Prepaid Calling Card Provider

On September 16, the Federal Communications Commission issued a Notice of Apparent Liability (“NAL”) against PTT Phone Cards, Inc., (“PTT”) for a litany of alleged violations of rules applicable to international telecommunications carriers in general and one applicable to pre-paid calling card providers in particular. In short, the NAL alleges that, for over three years, … Continue Reading

Verizon Agrees to Pay $7.4 Million to Resolve CPNI Investigation

On September 3, 2014, Verizon agreed to pay $7.4 million to resolve an investigation into possible misuse of customers’ personal information in a number of tailored marketing campaigns.  Prompted by a self-disclosure from the company, the FCC investigated Verizon’s use of customers’ subscription and call information to market new services.  Such use is restricted by Section 222 of the … Continue Reading

Annual CPNI Certifications Due March 3, 2014

It’s time again for carriers to submit the annual Customer Proprietary Network Information (CPNI) certification to the FCC.  Telecommunications carriers and interconnected VoIP providers are required to certify annually their compliance with the FCC’s CPNI protection rules.  The 2014 report covers calendar year 2013 and will be due by March 3, 2014 (March 1 falls on … Continue Reading

CPNI Season Kicks Off With FCC Enforcement Advisory

Compliance with a carrier’s CPNI certification obligations has provided steady fodder for this blog, with the annual Omnibus CPNI fines, unusual settlements and consistent enforcement focus from the FCC’s enforcement bureau.  With the start of a new year, the CPNI season begins anew.  Yeasterday, the FCC unofficially kicked off the 2012 CPNI certification season with an … Continue Reading

FCC Eases CPNI Compliance for Prepaid Calling Card Providers

  Back in 2007, in response to the pretexting controversy, the FCC strengthened its CPNI rules to require telecommunications carriers to authenticate a subscriber’s identity before providing call detail information.  The FCC rules required carriers to authenticate customers with a password or some other information that does not rely upon "readily available biographical information" before … Continue Reading

Reminder: Annual CPNI Certification Due March 1

All telecommunications carriers and interconnected VoIP providers must file an annual report certifying their compliance with the Federal Communications Commission’s (FCC) rules regarding Customer Proprietary Network Information (CPNI).  The report covers calendar year 2011 and must be filed with the FCC by March 1, 2012.  Providers may file CPNI certifications via an FCC web application … Continue Reading

Compliance Reminder: Annual CPNI Certifications

Yesterday, the FCC released an order cancelling more CPNI fines proposed in its Omnibus CPNI Forfeiture Order.  Because proposed fines for failing to file the CPNI certification have become an annual event, this is a good time to remind telecommunications carriers of their obligation to file the CPNI certification that is due annually on March 1. If … Continue Reading

FCC Releases Five More CPNI Forfeiture Orders

The Commission continues to clear the decks from its 2009 Omnibus CPNI NAL.  Apparently having exhausted all of the cases warranting revocation of the NAL and meriting a consent decree, the Enforcement Bureau release five forfeiture orders for failure to file the 2007 Annual CPNI Certification.  These orders all involve a prepaid card provider and … Continue Reading

FCC Imposes $20,000 Fine for Failure to File CPNI Certification

Still working its way through the 2009 Omnibus CPNI NAL, the FCC released a forfeiture order against prepaid card provider 88 Telecom.  The Commission imposed the full $20,000 penalty proposed in the NAL, rejecting 88 Telecom’s arguments that its violation was not willful and that it could not pay the forfeiture.  What is most significant … Continue Reading

Interconnected VoIP Providers Get One Free Bite — Take Two

The Commission’s efforts to resolve the 2009 Omnibus CPNI NAL continue to provide insights into the enforcement process generally.  In the past, we’ve commented on surprisingly small settlements and odd provisions, but two orders earlier this week are especially cryptic. In both orders, the Chief of the Telecommunications Consumers Division of the FCC Enforcement Bureau concluded that "no forfeiture … Continue Reading

CPNI Certification Compliance About the Same as Last Year

Despite many high-profile forfeiture proceedings, significant outreach by the FCC and even a new app to facilitate filing, the level of CPNI certifications filed this year was on a par with 2010.  Last year, we reported about 3,000 CPNI certifications filed during the filing window.  This year, 2,858 submissions were made through 3/2/11.  While many … Continue Reading

Compliance Reminder: FCC Filings Due March 2011

Customer Proprietary Network Information Certifications All telecommunications carriers and interconnected VoIP providers must file an annual report certifying their compliance with the Federal Communications Commission’s (FCC) rules regarding Customer Proprietary Network Information (CPNI). The report covers calendar year 2010 and must be filed with the FCC by March 1, 2011. The FCC’s Enforcement Bureau recently … Continue Reading

FCC Makes New App Available for CPNI Certification Filings

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.  … Continue Reading

Join Us on January 20th for the Seminar “Privacy by Design, Choice and Transparency”

On January 20, Kelley Drye will host its 3rd annual privacy law seminar: Privacy by Design, Choice and Transparency: What a New Framework Will Mean for Business and Technology. As businesses strive to innovate and evolve using new technologies, federal agencies including the FTC and FCC, the Congress, and state regulators are increasing scrutiny on … Continue Reading

AT&T Settles Multiple Privacy Investigations for $200,000

Yesterday, the FCC released an Order adopting a consent decree resolving several investigations into failures of AT&T’s CPNI opt-out practices. In the settlement, AT&T agreed to make a $200,000 voluntary contribution to the U.S. Treasury and to adopt a two-year Compliance Plan including monthly testing of its opt-out mechanisms, training and reporting requirements. The Order, … Continue Reading

Telecom Law Monitor Feature: Regulatory Requirements for VoIP Services

Our post about the unique enforcement posture of interconnected VoIP quickly became the most popular post on the Telecom Law Monitor.  One person asked if we could elaborate on the differences in regulatory treatment between traditional telecom services, interconnected VoIP and non-interconnected VoIP (like Skype).   In response, we prepared a chart comparing applicability of the major … Continue Reading