FCC Assesses Fines on Several Hundred Service Providers for Failure to File CPNI Compliance Certifications

Yesterday, the Federal Communications Commission's (FCC) Enforcement Bureau issued an “omnibus” order proposing to assess $20,000 penalties against each of approximately 600 separate telecommunications carriers and interconnected Voice over Internet Protocol (VoIP) service providers for failing to file annual certifications of compliance with the FCC's regulations on customer proprietary network information (CPNI). The FCC also issued approximately thirty individual forfeiture orders against specific companies for late-filed or non-compliant CPNI certifications.

As we have previously advised, FCC regulations require every provider of telephone and interconnected VoIP services (including wireless and cable telephony) to execute and file, on or before March 1 of each year, an annual certification of compliance with the FCC's CPNI regulations. This latest order assesses penalties on all the companies that allegedly did not file the required certifications with the FCC in 2008.

For the last several years the FCC has increased its oversight and enforcement of service provider actions surrounding the use, disclosure and protection of CPNI. Interim FCC Chairman Michael Copps applauded the Enforcement Bureau order, and signaled his apparent intent to continue to vigorously enforce the agency's CPNI regulations.

Those companies identified in the omnibus and individual orders have the opportunity to ask the FCC to reduce or eliminate the proposed fines. To do so, they must provide additional information to the FCC within 30 days, or by March 26, 2009.

If your company is identified in any of these CPNI enforcement orders and needs assistance in responding to the FCC, please contact one of the DWT attorneys listed, or your primary DWT contact.