On November 15, 2012, the FCC issued an order adopting a consent decree agreed to between TDS Telecommunications and the FCC’s Enforcement Bureau regarding compliance by TDS with the FCC’s rules protecting customer proprietary network information or “CPNI.” The consent decree was the result of a 2011 notices submitted by TDS to the FCC in which TDS self-reported violations of CPNI requirements. According to the consent decree, over a three year period, TDS had failed to provide required “opt-out” notices to over 41,000 subscribers (resulting in the company’s unauthorized use of the CPNI of over 3,500 subscribers) and that TDS had failed to properly incorporate and maintain opt-out requests in its databases for over 8,000 subscribers (resulting in the company’s unauthorized use of the CPNI of approximately 750 subscribers).
Based on these self-reported violations, TDS and the FCC’s Enforcement Bureau agreed to the following remedial terms, among others:
- Designation of a senior corporate manager to serve as a CPNI Compliance Officer within fifteen (15) days.
- Implemention of a CPNI Compliance Plan within thirty (30) days.
- Establishment of operating procedures within forty five (45) days that all employees responsible for CPNI opt-out policies and procedures must follow.
- Compliance reports to the FCC Enforcement Bureau filed six (6), twelve (12), and twenty-four (24) months.
- A voluntary contribution to the U.S. Treasury in the amount of $350,000 within thirty (30) days.