CPNI Certificates
In a Public Notice released
January 30, 2006, the FCC’s Enforcement Bureau (“Bureau”) directed 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 were to be filed no later than February
6, 2006.
The Bureau’s Public
Notice was 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. 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, were to be filed no later than February
6, 2006. Note that both a signed certification and a statement describing compliance with the specific regulatory requirements
were to be submitted. Telecommunications carriers, including resellers, wireless providers and prepaid providers, which
did not submit CPNI compliance certificates by this date are risking potential enforcement action by the FCC and should submit
certificates as quickly as possible.
Please feel free to
contact us if you have any questions or if we can be of any assistance to you.
February 2006
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