On February 5, 2016, the FCC released its annual 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, 2016. 

            Note:  The FCC has expressly confirmed that its CPNI rules, including the annual CPNI officer certification filing, do not apply to broadband Internet access services despite those services having been classified as “telecommunications services” by the FCC in its 2015 Open Internet Order.

The FCC’s customer proprietary network information (“CPNI”) rules require that an officer of a telecommunications carrier or 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 2015 must be filed on or before March 1, 2016.

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.

The Enforcement Advisory also includes 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. 

In addition to the filing reminder, the Enforcement Advisory also highlighted the FCC’s Enforcement Bureau’s recent actions against telecommunications carriers and interconnected VoIP providers that were not in compliance with the requirements, including the Bureau’s April 2015 consent decree with AT&T.  This consent decree resolved the Bureau’s investigation into unauthorized access to CPNI and other sensitive customer information by AT&T call center employees, and required AT&T to make a $25 million payment to the U.S. Treasury. 

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.

Other Upcoming Filing Deadlines

Copyright Forms and Fees Due by March 1, 2016

Cable operators must file with the U.S. Copyright Office their Statement of Accounts (Form SA1-2 or SA3) and pay any royalty fees due for the July 2015 – December 2015 accounting period by March 1, 2016. The following forms apply:

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

Copyright filings must be accompanied by a filing fee in addition to the royalty payment.  The filing fee is calculated based on the type of form filed:  

Operators must remit the royalty fee and filing fee in a single electronic payment.  If you have any questions about copyright forms or fees, please contact Jake Baldwin at (312) 372-3930 or jbaldwin@cinnamonmueller.com.

FCC Form 477 Due March 1, 2016

            The next Form 477 is due March 1, 2016.  Telephone, broadband, and interconnected VoIP providers must report information about broadband connections and local telephone service as of December 31, 2015.  

As a reminder, Form 477 must be filed online through the FCC's filing interface.  Instructions for filers can be found here.  Filers can also review a brief summary of the Form 477 changes made in 2014 on the FCC’s website. 

If you have any questions about Form 477, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

CVAA Accessibility Compliance Certificate due April 1, 2016

All telecommunications carriers, interconnected VoIP and advanced communications services providers must file their annual accessibility compliance certificates (covering 2015) by April 1, 2016. 

Who must file: 

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

What does 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.

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.

FCC Form 499-A Due April 1, 2016

All providers of telecommunications, including resellers and those offering interconnected VoIP service, with very limited exceptions, must file their annual telecommunications revenue report (Form 499-A) on or before April 1, 2016.  This includes any entity that relies on the de minimis exception for contributions to the federal Universal Service Fund (“USF”).

Information reported in FCC Form 499-A is used to calculate the support contribution an entity must pay into the USF as well as the Telecommunications Relay Service (“TRS”), North America Numbering Plan (“NANP”), and Local Number Portability Administration (“LNPA”) funds.  Providers owing less than $10,000 in USF support are considered de minimis and do not have to contribute to USF, but must still file the form and pay any TRS and NANP contributions due.

All covered providers must complete the Form 499-A Worksheet (also available as an online form) using 2015 revenue data. 

Note:  Each USF-related violation carries its own forfeiture amount.  Failure to file Form 499-A, or failure to file the form on time can result in hefty financial penalties.  Additional forfeitures can be assessed for failure to contribute to USF, TRS, and NANP. 

If you have any questions regarding these filings, please contact Bruce Beard at (314) 394-1535 or bbeard@cinnamonmueller.com.