CVAA Accessibility Compliance Certificate due April 1, 2014

Providers Should Also Confirm 2012 Filing Contains All Required Information

Telecommunications carriers, interconnected VoIP and advanced communications services providers must file their annual accessibility compliance certificate (covering 2013) by April 1, 2014.  This certificate certifies that the provider has operating procedures in place to ensure compliance with the recordkeeping requirements contained within the FCC’s rules adopted in accordance with the 21^st Century Communications and Video Accessibility Act (“CVAA”) of 2010.

Who must file: 

• Telecommunications carriers,
• Interconnected VoIP providers; and
• Advanced communications service (“ACS”) providers (e.g., providers of email, text messaging, instant messaging, interoperable video conferencing services).   

What must the certification contain?  All covered providers must submit the annual certification through the FCC’s Recordkeeping Compliance Certification and Contact Registry certifying that the company has established operating procedures adequate to ensure compliance with the recordkeeping rules and that the records are being kept accordingly.  In addition, covered providers must designate and keep current:

• A contact person authorized to resolve accessibility-related complaints from consumers;
• An agent to accept service of complaints filed with the FCC.

Note:  Some providers have recently received notice from the FCC that their 2012 filing contains incomplete contact and agent information.  All providers should log-in to theRecordkeeping Compliance Certification and Contact Registry and confirm that all required information has been filed.

Are any exemptions available?  No.  The rules provided a temporary small entity exemption for providers of ACS.  However, this exemption expired October 8, 2013. 

If you have any questions about operating procedures or filing certifications, please contact Bruce Beard at (314) 394-1535 or bbeard@cinnamonmueller.com, or Jake Baldwin at (312) 372-3930 or jbaldwin@cinnamonmueller.com.

Copyright Statements of Account Due March 3, 2014, Must Be Accompanied By New Filing Fee

Cable operators must file with the U.S. Copyright Office their Statement of Account (Form SA1-2 or SA3) and pay any royalty fees due for the July 2013 – December 2013 accounting period by March 3, 2014.  The following forms apply:

• SA1-2 Short Form. For use by cable television systems with semiannual gross receipts of less than $527,600. 
• SA3 Long Form. For use by cable television systems with semiannual gross receipts of $527,600 or more.

For the first time, cable Statements of Account (“SOAs”) must be accompanied by a filing fee.  The new fees are the end result of a provision of the 2010 Satellite Television Extension and Localism Act that permits the Copyright Office to assess and apportion filing fees between copyright owners and statutory licensees. 

The filing fee is calculated based on the type of form filed:  

Revised SOAs that include the filing fee as part of the royalty fee calculation are available online.  Operators must remit the royalty fee and filing fee in a single electronic payment.  Omission of the appropriate filing fee will result in an underpayment of royalty fees.

If you have any questions about copyright forms or fees, please contact Heidi Schmid at (312) 372-3930 or hschmid@cinnamonmueller.com.

Form 477 Due March 3, 2014

FCC Form 477 is due on March 3, 2014.  Operators are required to include information about broadband connections and local telephone service as of December 31, 2013.   Filing instructions and a link to the electronic filing system are available at http://www.fcc.gov/form477/. 

As a reminder, broadband providers must provide the following information:

• The number of broadband connections in individual census tracts, broken down by technology type and upload and download speed.
• The percentage of broadband connections that is residential.

 Moreover, interconnected VoIP providers must report the following information:

• The number of subscribers served (both end-user and resale).
• The percentage of subscribers that is residential.
• Whether the service is provided over a broadband connection provided by the filer or the filer’s affiliate. 
• A list of the 5-digit zip codes in which the filer has at least one subscriber.
• Whether the service is fixed or nomadic.

For more information about filing Form 477, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cinnamonmueller.com.

CPNI Officer’s Certificate Due On or Before March 3, 2014

The FCC’s customer proprietary network information (“CPNI”) rules require that an officer of an interconnected VoIP provider file an annual certificate with the FCC stating that the officer has personal knowledge that the provider has established operating procedures adequate to ensure compliance with the CPNI rules.  The carrier must also provide a statement explaining how its operating procedures ensure that it is in compliance with the CPNI rules.  The annual certificate for 2013 must be filed on or before March 3, 2014.

The provider must also include, if applicable, an explanation of any actions taken against data brokers and a summary of all customer complaints concerning the unauthorized release of CPNI received in the past year.  The officer’s certificate, as well as the information noted above, must be filed in EB Docket No. 06-36 using the FCC’s Electronic Comment Filing System.

In past years, the FCC has issued Public Notices in January and February offering further guidance regarding the filing of the officer’s certificate, including an acceptable sample form.  Use of the sample form is not mandatory provided all required information is included. 

If you have any questions regarding CPNI or filing the officer’s certificate, please contact Bruce Beard at (314) 394-1535 or via email at bbeard@cinnamonmueller.com.