Telecommunications carriers and interconnected VoIP providers must comply with strict rules for the protection of Customer Proprietary Network Information (CPNI), including the requirement to file a CPNI certification with the FCC each year, documenting compliance with the rules. This year’s annual compliance certifications must be filed on or before March 1, 2011. Your S&W Telecommunications attorney will be pleased to provide you with a form of certificate for your use, and to assist you in preparing your certification and/or answering any questions you may have.

Among other things, providers should determine whether their required certifications have been timely filed; whether current customer authentication procedures and staff training are adequate and compliant; whether over-the-phone, online, and retail location account access remains compliant and secure; and whether appropriate opt-in or opt-out procedures are in place for the use of CPNI for marketing purposes. We also recommend periodic review of vendor contracts for compliance with the CPNI rules.

It is important to note that the filing of CPNI certifications is an active area of enforcement by the FCC, which adopted hundreds of Consent Decrees in 2010 for CPNI violations. The primary violation at issue was the failure to file the annual CPNI certification.

Moreover, the FCC Enforcement Bureau has made it clear that it will have little tolerance for non-compliance with the CPNI certification requirement, and just issued an “FCC Enforcement Advisory” on the CPNI requirements similar to the one issued last year. In its CPNI Enforcement Advisory, the FCC noted the enforcement action, discussed above, that it took last year against entities that failed to file the required CPNI certification. The CPNI Enforcement Advisory also includes certification filing instructions, answers to frequently asked questions, a template with the basic certification elements required by the rules, as well as the text of the FCC’s CPNI rules.

This year the FCC provides entities with an additional option for filing the CPNI certification through a web application available at Please note that use of the web application requires entities to use the FCC's certification template. Entities may also still file their own certifications through the FCC’s Electronic Comment Filing System or a hard copy filing with the Commission.

S&W clients are strongly encouraged to consult with their S&W Telecommunications attorney should they have any questions concerning the preparation and/or filing of their certifications.

For your convenience, a link to the FCC’s Enforcement Advisory is listed below: