Reminder: FCC Filings Due March 2013
Kelley Drye Client Advisory
February 5, 2013

Please be reminded of the upcoming due dates for the Reports listed below:

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

Section 64.2009(e) requires that all telecommunications carriers must file annually a certification of the carrier's compliance with the Federal Communications Commission's ("FCC") Customer Proprietary Network Information ("CPNI") rules.  The FCC has extended this filing requirement to providers of interconnected voice over Internet protocol ("VoIP") services.  The upcoming CPNI certification must cover calendar year 2012 and must be filed with the Commission by March 1, 2013.

Certifications must comply with the following requirements:
  • 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 during 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.   The Commission's Enforcement Bureau has stated that "[s]imply stating that the company has adopted operating procedures without explaining how compliance is being achieved does not satisfy this requirement."

Note: The FCC's Enforcement Bureau has again released an Advisory reminding carriers and interconnected VoIP providers of the annual CPNI certification filing deadline, identifying common certification errors and highlighting the monetary penalties associated with certification errors and failures to file.  The Commission's issuance of this CPNI Advisory is an indication that the FCC considers the submission of the CPNI certifications to be a high priority.  The Commission often issues Notices of Apparent Liability ("NALs") for certification errors or failures to file the annual CPNI certification and it is likely that similar NALs will be issued this year as well.

Form 477: Local Competition and Broadband Report

The Local Competition and Broadband Report, containing data as of December 31, 2012, must be filed by March 1, 2013.  The report requires the submission of information regarding broadband connections in individual states.

Who Must File:
  1. ILECs or CLECs that provide wired or fixed wireless local exchange service to one or more end user customers;

  2. facilities-based providers of mobile telephony services that serve one or more mobile telephony subscribers;

  3.  entities that are facilities-based providers of broadband (i.e., faster than 200 kbps, in at least one direction) connections (including both wired lines and wireless channels) to one or more end user locations in a state; and

  4. providers of interconnected VoIP services that provide interconnected VoIP service to one or more subscribers in a state.
Filing Process:

The Form 477 Report must be submitted via an FCC web-based interface and filers will need to use their Federal Registration number ("FRN") and associated password to access the system.

REVISED Form 499-Q Quarterly Telecommunications Reporting Worksheet

Carriers required to contribute to universal service support mechanisms must report their actual and projected end user and wholesale revenues for each calendar quarter by filing FCC Form 499Q on a quarterly basis.  Filers making revisions to the February 1, 2013 Form 499-Q filing must submit the revisions to the Universal Service Administrative Company ("USAC") no later than March 18, 2013.

REVISED Form 499-A Annual Telecommunications Reporting Worksheet

All intrastate, interstate and international providers of telecommunications within the United States, including interconnected VoIP providers, are required to file FCC Form 499-A with USAC each year with limited exceptions. Filers making revisions to their previous year's Form 499-A Telecommunications Reporting Worksheet filing which result in a decreased contribution must submit the revisions to USAC by March 31, 2013.

Please be advised that attorneys in Kelley Drye & Warren's Communications practice group are experienced in addressing Federal Communications Commission reporting issues and are able to assist clients in filing the reports.  For more information regarding this client advisory, please contact your usual Kelley Drye attorney or any member of the Communications practice group. For more information on the Communications practice group, please click here.