Please be reminded of the upcoming due date for the Report listed below:

Section 64.2009(e) - Customer Proprietary Network Information (CPNI) Annual Certification

Section 64.2009(e) requires that all telecommunications carriers, including interconnected voice over Internet protocol service providers, must file annually, a certification of the filer’s compliance with the Federal Communications Commission’s (FCC’s or Commission’s) CPNI rules.

Note that telecommunications providers were not obligated to submit this certification in 2017 due to the FCC’s adoption of new privacy rules in late 2016. However, following a 2017 joint resolution of Congress, which invalidated the FCC’s new privacy rules, the Commission formally reinstated its previous privacy and CPNI rules in September 2017, including the annual certification requirement.

The upcoming certification covers calendar year 2017 and must comply with the following requirements:

  • Be signed by an officer of the company who certifies that he or she has “personal knowledge that the company has established operating procedures that are adequate to ensure compliance” with the CPNI rules;
  • Include an explanation of any actions taken against data brokers or a statement that the carrier has not taken any such action;
  • Summarize all customer complaints received in the prior year regarding unauthorized release of CPNI or include a statement that the carrier has not received any such complaints; and
  • Include a statement explaining how the company’s operating procedures ensure that the company is or is not in compliance with the rules. In a recent Public Notice to remind providers about the certification requirement, the FCC emphasized that “[s]tating that the company has adopted operating procedures without explaining how compliance is being achieved does not satisfy this requirement.” Consequently filers should ensure they have appropriate CPNI policies in place.

The upcoming CPNI certification must be filed with the Commission no later than March 1, 2018. Note that in the Public Notice, the FCC reiterated its commitment to enforcing the CPNI rules, including the annual recertification requirement, and reminded providers that failure to comply “may subject them to enforcement action, including monetary forfeitures of up to $196,387 for each violation or each day of a continuing violation, up to a maximum of $1,963,870.”

Please be advised that attorneys in Kelley Drye & Warren’s Communications Practice Group are experienced in preparing and filing the annual CPNI certification and are able to assist clients in filing the certification and preparing CPNI policies.

For further information on any of these filings please contact your usual Kelley Drye attorney or any member of the Communications Practice Group.