On January 16, 2013, the FCC released an Enforcement Advisory reminding telecommunications carriers and interconnected VoIP providers that their annual reports certifying compliance with the FCC’s Customer Proprietary Network Information (“CPNI”) rules are due on or before March 1, 2013. Failure to submit a timely and complete certification may lead to FCC enforcement action.  In past years, the FCC has issued Notices of Apparent Liability proposing fines of up to $20,000 against companies that failed to comply with the certification requirement, filed their certifications late, or filed their certifications incorrectly.

FCC rules require an annual compliance certificate, signed by a corporate officer, stating with personal knowledge that the provider has established and followed operating procedures adequate to ensure compliance with the FCC’s CPNI rules.  The filing must include a statement explaining how the operating procedures ensure compliance with the FCC’s CPNI rules.

The provider must also include, if applicable, an explanation of any actions taken against data brokers and a summary of all customer complaints concerning any unauthorized release of CPNI received in the past year.  The Enforcement Advisory contains a suggested filing template intended to help companies ensure that their certifications contain all required information.  The certificate must be filed in EB Docket No. 06-36 or through the FCC’s CPNI Certification Template.

If you have any questions regarding CPNI or the filing of the officer’s certificate, please contact Scott Friedman at (312) 580-8557 or sfriedman@cm-chi.com.