Reminder: Federal Communications Commission – March Filings

Kelley Drye Client Advisory

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

Customer Proprietary Network Information (CPNI) Annual Compliance Certification

In accordance with section 64.2009(e) of the FCC’s rules, telecommunications carriers and interconnected VoIP service providers must file annually a certificate of compliance with the CPNI rules.  The next certification is due March 1, 2021 and must be filed in EB Docket No. 06-36.

The upcoming certification covers calendar year 2020 and must:

  1. Be signed by a company officer who certifies to his/her personal knowledge that the company has adequate procedures to ensure compliance with the CPNI rules;

  2. Explain how the operating procedures ensure the company is or is not in compliance with the rules;

  3. Explain any actions taken against data brokers or a provide a statement that the carrier has not taken any such action; and

  4. Summarize all customer complaints received in the past year about the unauthorized release of CPNI.

Form 477: Local Competition and Broadband Report

The Local Competition and Broadband Report, containing data as of December 31, 2020, is typically due by March 1, 2021, but the Commission has extended the 2021 filing deadline by Public Notice and has yet to announce a new filing deadline.  The Commission experienced filing interface issues beginning in February 2021 and the filing website is currently inaccessible.  The Commission will announce the extended filing deadline once the technical issues are resolved.

The report requires the submission of information regarding broadband connections in service to end user locations, wired and wireless local telephone services, and interconnected VoIP services in all states and territories and Washington, D.C.

Who Must File:

(1) Facilities-based providers of one or more broadband (i.e., faster than 200 kbps, in at least one direction) connections (including wired facilities-based lines and wireless channels where the provider holds the license) to end users;

(2) ILECs or CLECs that provide wired or fixed wireless local exchange service to one or more end user customers;

(3) interconnected VoIP service providers with one or more revenue-generating end user customer of interconnected VoIP service; and

(4) facilities-based providers of mobile telephony services that serve one or more mobile telephony subscribers.

Filing Process:

The Form 477 Report must be submitted electronically using the Form 477 filing interface.  Filers will need to use their Federal Registration Number (“ FRN ”) and associated password to access the system.  The Form 477 submission must include in the Filer Identification information the name of the company official that certifies he/she examined the information contained in this Form 477 and that, to the best of his/her knowledge, information and belief, all statements of fact contained in this Form 477 are true and correct. 

Note that the FCC recently made changes to the specific information about fixed and mobile broadband deployment that should be included in the Form 477 filing so be sure to review the instructions for more information.
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 499-Q on a quarterly basis.  Filers revising the February 1, 2021 Form 499-Q filing must submit the revisions to the Universal Service Administrative Company (“USAC”) within 45 calendar days of the original filing date, March 17, 2021
REVISED Form 499-A Annual Telecommunications Reporting Worksheet

All providers of interstate telecommunications service and all common carriers are required to file FCC Form 499-A with USAC each year with limited exceptions. Filers revising the 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, 2021


 *      *      *

Attorneys in Kelley Drye & Warren’s Communications Practice Group are experienced in addressing CPNI compliance, universal service filing, and carrier contribution issues and are available to assist clients with filings.  For more information, please contact your current Kelley Drye attorney or any member of the Communications Practice Group.