Reminder: Customer Proprietary Network Information (CPNI) Annual Officer Certification Due March 1
Kelley Drye Client Advisory
February 15, 2019

Please be reminded of the upcoming due date for the Report listed below:

Section 64.2009(e) - Customer Proprietary Network Information (CPNI) Annual Certification

Section 64.2009(e) requires that all telecommunications carriers, including interconnected voice over Internet protocol service providers, must file annually, a certification of the filer’s compliance with the Federal Communications Commission’s (FCC’s or Commission’s) CPNI rules.
 
The upcoming certification covers calendar year 2018 and must:
 

  • Be signed by an officer of the company who certifies that he or she has “personal knowledge that the company has established operating procedures that are adequate to ensure compliance” with the CPNI rules;
  • Include an explanation of any actions taken against data brokers or a statement that the carrier has not taken any such action;
  • Summarize all customer complaints received in the prior year regarding unauthorized release of CPNI or include a statement that the carrier has not received any such complaints; and
  • Include a statement explaining how the company’s operating procedures ensure that the company is or is not in compliance with the rules.  In a 2018 Public Notice to remind providers about the certification requirement, the FCC emphasized that “[s]tating that the company has adopted operating procedures without explaining how compliance is being achieved does not satisfy this requirement.”  Consequently filers should ensure they have appropriate CPNI policies in place.

The upcoming CPNI certification must be filed with the FCC no later than March 1, 2019.  

Note that in its 2018 Public Notice, the FCC reiterated its commitment to enforcing the CPNI rules, including the annual recertification requirement, and reminded providers that failure to comply “may subject them to enforcement action, including monetary forfeitures of up to $196,387 for each violation or each day of a continuing violation, up to a maximum of $1,963,870.”
Please be advised that attorneys in Kelley Drye & Warren’s Communications Practice Group are experienced in preparing and filing the annual CPNI certification and are able to assist clients in filing the certification and preparing CPNI policies.
 
For further information on this filing, please contact your usual Kelley Drye attorney.