Important March 1, 2010 Regulatory Due Date

Telecommunications Group Courtesy Reminder
Kathy L. Cooper, Wendy M. Creeden, L. Elise Dieterich, Ronald P. Whitworth
January 25, 2010

Customer Proprietary Network Information (CPNI) Certifications due by March 1, 2010

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, 2010. 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. Last year, the FCC Enforcement Bureau issued proposed fines of $20,000 each against more than 600 carriers for failing to timely file their CPNI Certifications.

Likewise, the FCC Enforcement Bureau has made it clear that it will have little tolerance for non-compliance with the CPNI certification requirement this year. This month it chose the CPNI certification filing as the topic for one of its first two “FCC Enforcement Advisories,” a new Enforcement Bureau initiative “to increase awareness and compliance with critical consumer protection issues.” The CPNI Enforcement Advisory 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.

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 included here.