The deadline applies to all telecommunications carriers and interconnected VoIP providers.
Annual customer proprietary network information (CPNI) certifications are due March 1, 2015 for the period covering January 1, 2014 through December 31, 2014. All telecommunications carriers and interconnected Voice over Internet Protocol (VoIP) providers must file this certification annually with the Federal Communications Commission (FCC). There is no prescribed format for the certification, but the filing must meet the substantive requirements of the FCC’s rules. Each company must also file a statement accompanying its CPNI compliance certification that explains how its operating procedures ensure compliance with the FCC’s CPNI rules.
Background
On April 2, 2007, the FCC released a Report and Order and Further Notice of Proposed Rulemaking in CC Docket No. 96-115 and WC Docket No. 04-36 (EPIC CPNI Order) in which it strengthened its privacy rules, pursuant to Section 222 of the Communications Act, as amended, by adopting additional safeguards to protect CPNI against unauthorized access and disclosure. One important change to the existing CPNI rules adopted in the EPIC CPNI Order is the requirement that all companies subject to the CPNI rules file annually, on or before March 1, a certification with the FCC pursuant to amended rule 47 C.F.R. § 64.2009(e) for the prior calendar year.
Enforcement
In the past, the FCC has issued severe penalties for failure to file or for filing incomplete CPNI certifications. Failure to comply with the CPNI rules, including the annual certification requirement, may subject companies to an enforcement action, including monetary forfeitures of up to $150,000 for each violation or each day of a continuing violation, up to a maximum of $1.5 million.
Contacts
If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following Morgan Lewis lawyers:
Washington, D.C.