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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-08-IH-0665
In the Matter of
) File No. EB-08-TC-3549
ComSpan Communications Inc.
) NAL/Acct. No. 201032080006
f/k/a Wantel, Inc.
) FRN No. 0007799125
)
ORDER
Adopted: May 24, 2010 Released: May 26, 2010
By the Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and ComSpan Communications
Inc. f/k/a Wantel, Inc. ("ComSpan" or the "Company"). The Consent
Decree terminates an investigation by the Bureau against ComSpan for
possible violations of sections 9, 254(d), 225, and 251(e)(2) of the
Communications Act of 1934, as amended (the "Act"), and sections
1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the
Commission's rules, concerning the payment of annual regulatory fees;
contributions to the Universal Service Fund ("USF") and
Telecommunications Relay Services ("TRS") Fund; contributions to
cost-recovery mechanisms for North American Numbering Plan ("NANP")
and Local Number Portability ("LNP") administration; and the
submission of information as set forth on the Telecommunications
Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The Consent
Decree also terminates an investigation and Notice of Apparent
Liability for Forfeiture ("NAL") by the Bureau against ComSpan for
possible violations of section 222 of the Act, section 64.2009(e) of
the Commission's rules, and the Commission's EPIC CPNI Order,
regarding ComSpan's apparent failure to timely file a compliant annual
customer proprietary network information ("CPNI") certification
pursuant to section 64.2009(e) of the Commission's rules.
2. The Bureau and ComSpan have negotiated the terms of a Consent Decree
that resolve these matters. A copy of the Consent Decree is attached
hereto and incorporated herein by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigations.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigations raise no substantial or material
questions of fact as to whether ComSpan possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act,
and sections 0.111 and 0.311 of the Commission's rules, the Consent
Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigations ARE
TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by certified mail, return receipt requested, to Mr.
Jimmy Byrd, Chief Executive Officer, ComSpan Communications Inc., 6405
Mira Mesa Boulevard, Suite 100, San Diego, California, 92121.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB-08-IH-0665
In the Matter of
) File No. EB-08-TC-3549
ComSpan Communications Inc.
) NAL/Acct. No. 201032080006
f/k/a Wantel, Inc.
) FRN No. 0007799125
)
CONSENT DECREE
1. The Enforcement Bureau ("Bureau") and ComSpan Communications Inc.
f/k/a Wantel, Inc. ("ComSpan" or the "Company"), by their authorized
representatives, hereby enter into this Consent Decree for the purpose
of terminating the Bureau's investigation into whether the Company
violated sections 9, 254(d), 225, and 251(e)(2) of the Communications
Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17,
52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules,
concerning the payment of annual regulatory fees; contributions to the
Universal Service Fund ("USF") and Telecommunications Relay Services
("TRS") Fund; contributions to cost-recovery mechanisms for North
American Numbering Plan ("NANP") and Local Number Portability ("LNP")
administration; and the submission of information as set forth on the
Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and
499-Q). The Bureau and ComSpan also enter into this Consent Decree for
the purpose of terminating the Bureau's investigation and Notice of
Apparent Liability for Forfeiture ("NAL") by the Bureau against
ComSpan for possible violations of section 222 of the Act, section
64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI
Order, regarding ComSpan's apparent failure to timely file a compliant
annual customer proprietary network information ("CPNI")
certification.
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
S: 151 et seq.
b. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
c. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
d. "CPNI Compliance Plan" means the program described in this Consent
Decree at paragraph 17.
e. "Effective Date" means the date on which the Commission releases the
Adopting Order.
f. "Federal Regulatory Reporting and Contribution Compliance Plan" means
the program described in this Consent Decree at paragraph 16.
g. "Investigations" mean (1) the investigation commenced by the Bureau's
March 13, 2008 letter of inquiry regarding whether ComSpan violated
sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of
the Commission's rules, concerning the payment of annual regulatory
fees; contributions to the USF and TRS Fund; contributions to
cost-recovery mechanisms for NANP and LNP administration; and the
submission of information as set forth on the Telecommunications
Reporting Worksheets; and (2) the investigation commenced by the
Bureau's September 5, 2008 letter of inquiry regarding whether
ComSpan violated the requirements of section 222 of the Act, and
section 64.2009(e) of the Commission's rules, by failing to file a
compliant CPNI certification.
h. "ComSpan Communications Inc. f/k/a Wantel, Inc." or "ComSpan" means
ComSpan Communications Inc. f/k/a Wantel, Inc. and its
predecessors-in-interest and successors-in-interest.
i. "Order" or "Adopting Order" means an Order of the Commission adopting
the terms of this Consent Decree without change, addition, deletion,
or modification.
j. "Parties" means ComSpan Communications Inc. f/k/a Wantel, Inc. and the
Bureau.
k. "Rules" means the Commission's regulations found in Title 47 of the
Federal Regulations.
II. BACKGROUND
A. Federal Regulatory Reporting and Contribution Obligations
3. Pursuant to section 254(d) of the Act and sections 54.706 and 54.711
of the Commission's rules, telecommunications service providers that
provide interstate telecommunications services are required to file
annual and quarterly Telecommunications Reporting Worksheets (FCC Form
499-A and FCC Form 499-Q) and contribute to the federal USF.
4. Pursuant to section 251(e) of the Act and sections 52.17 and 52.32 of
the Commission's rules, telecommunications service providers are
required to contribute to the costs of establishing numbering
administration and local number portability.
5. Pursuant to section 225(b)(1) of the Act and section 64.604 of the
Commission's rules, providers of interstate telecommunications
services are required to contribute to the TRS Fund.
6. Pursuant to section 9(a)(1) of the Act and sections 1.1154 and 1.1157
of the Commission's rules, interstate telecommunications carriers are
required to pay regulatory fees.
7. ComSpan offers interstate and international telecommunications
services and is subject to the requirements discussed in paragraphs 3
through 6 above.
8. On March 13, 2008, the Bureau issued a letter of inquiry ("LOI") to
ComSpan. The March 13, 2008 LOI directed ComSpan, among other things,
to submit a sworn written response to a series of questions regarding
whether ComSpan violated sections 1.1157, 52.17, 52.32, 54.706,
54.711, 64.604, and 64.1195 of the Commission's rules, concerning the
payment of annual regulatory fees; contributions to the USF and TRS
Fund; contributions to cost-recovery mechanisms for NANP and LNP
administration; and the reporting of information as set forth on the
Telecommunications Reporting Worksheets. ComSpan responded to the
March 13, 2008 LOI on April 1, July 25, August 14, and September 25,
2008. As of the Effective Date, ComSpan has paid all invoiced amounts
to the USF, TRS Fund, cost recovery mechanisms for NANP and LNP
administration, and regulatory fees, as well as complied with the
regulatory reporting obligations discussed above.
B. CPNI Obligations
9. Section 222 of the Act imposes a duty on telecommunications carriers
to protect the confidentiality of their subscribers' proprietary
information. The Commission has issued rules implementing section 222
of the Act, and required carriers to establish and maintain a system
designed to ensure that carriers adequately protect their subscribers'
CPNI. Section 64.2009(e) of the Commission's rules is one such
requirement.
10. In 2006, some companies, known as "data brokers," advertised the
availability of records of wireless subscribers' incoming and outgoing
telephone calls for a fee. Data brokers also advertised the
availability of certain landline toll calls. On April 2, 2007, the
Commission strengthened its privacy rules with the release of the EPIC
CPNI Order, which adopted additional safeguards to protect CPNI
against unauthorized access and disclosure. The EPIC CPNI Order was
directly responsive to the actions of databrokers, or pretexters, to
obtain unauthorized access to CPNI.
11. On September 5, 2008, the Bureau issued an LOI to ComSpan, which
directed ComSpan, among other things, to submit a sworn written
response to a series of questions regarding whether ComSpan timely
filed a CPNI compliance certificate for 2007, which was due by March
1, 2008 pursuant to section 64.2009(e) of the Commission's rules, or
an explanation as to why no certification was filed. On September 16,
2008, ComSpan submitted a response to the Bureau's September 5, 2008
LOI. The Bureau concluded that ComSpan failed to submit satisfactory
evidence of its timely filing of the annual CPNI compliance
certification, and on February 24, 2009, released the CPNI Omnibus NAL
against numerous companies, including ComSpan, proposing a monetary
forfeiture of $20,000 for ComSpan's apparent failure to comply with
section 64.2009(e) of the Commission's rules, and the Commission's
EPIC CPNI Order.
III. TERMS OF AGREEMENT
12. Adopting Order. The parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order
without change, addition, modification, or deletion.
13. Jurisdiction. ComSpan agrees that the Bureau has jurisdiction over it
and the matters contained in this Consent Decree and has the authority
to enter into and adopt this Consent Decree.
14. Effective Date: Violations. The parties agree that this Consent Decree
shall become effective on the date on which the FCC releases the
Adopting Order. Upon release, the Adopting Order and this Consent
Decree shall have the same force and effect as any other Order of the
Bureau. Any violation of the Adopting Order or of the terms of this
Consent Decree shall constitute a separate violation of a Bureau
Order, entitling the Bureau to exercise any rights and remedies
attendant to the enforcement of a Commission Order.
15. Termination of Investigations. In express reliance on the covenants
and representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
investigations against ComSpan. In consideration for the termination
of said investigations, ComSpan agrees to the terms, conditions, and
procedures contained herein. The Bureau further agrees that in the
absence of new material evidence, the Bureau will not use the facts
developed in these investigations through the Effective Date of the
Consent Decree, or the existence of this Consent Decree, to institute,
on its own motion, any new proceeding, formal or informal, or take any
action on its own motion against ComSpan concerning the matters that
were the subjects of the investigations. The Bureau also agrees that
it will not use the facts developed in these investigations through
the Effective Date of this Consent Decree, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal
or informal, or take any action on its own motion against ComSpan with
respect to ComSpan's basic qualifications, including its character
qualifications, to be a Commission licensee or authorized common
carrier.
16. Federal Regulatory Reporting and Contribution Compliance Plan. For
purposes of settling the matters set forth herein, within 30 days of
the Effective Date, ComSpan agrees to create and maintain a compliance
plan related to future compliance with the Act and the Commission's
rules and orders concerning federal regulatory reporting and
contribution obligations. The Plan will include, at a minimum, the
following components:
a. Compliance Manual. ComSpan shall create, maintain and update a manual
to ensure future compliance with ComSpan's obligations concerning the
payment of annual regulatory fees; contributions to the USF and TRS
Fund; contributions to cost-recovery mechanisms for NANP and LNP
administration; and the submission of information as set forth on the
Telecommunications Reporting Worksheets. ComSpan personnel who engage
in activities related to federal reporting and contribution
requirements will follow the procedures contained in the Compliance
Manual. The Compliance Manual will, among other things, describe the
rules and requirements as they apply to ComSpan regarding ComSpan's
federal regulatory reporting and contribution obligations. The
Compliance Manual will set forth a schedule of filing and payment
dates associated with annual regulatory fees; contributions to the USF
and TRS Fund; contributions to cost-recovery mechanisms for NANP and
LNP administration; and the submission of information as set forth on
the Telecommunications Reporting Worksheets. ComSpan will create
compliance notifications that alert ComSpan personnel to upcoming
filing and payment dates. The Compliance Manual will require personnel
to contact ComSpan's Designated Contact, and if appropriate regulatory
legal counsel, with any questions or concerns that arise with respect
to ComSpan's federal regulatory reporting and contribution
obligations.
b. Compliance Training Program. ComSpan will ensure that all personnel
who engage in activities related to ComSpan's federal reporting and
contribution obligations are appropriately trained and supervised.
c. Designated Contact. ComSpan designates its Controller as the point of
contact for its federal reporting and contribution obligations.
d. Review and Monitoring. ComSpan will review the Compliance Manual and
Compliance Training Program to ensure that they are maintained in the
proper manner and continue to address future compliance with ComSpan's
obligations concerning the payment of annual regulatory fees;
contributions to the USF and TRS Fund; contributions to cost-recovery
mechanisms for NANP and LNP administration; and the reporting of
information as set forth on the Telecommunications Reporting
Worksheets.
e. Audits. ComSpan will ensure that any internal reviews of the
Compliance Plan, if conducted, specifically consider compliance with
pertinent federal reporting and contribution obligations.
f. Compliance Reports. ComSpan will file compliance reports with the
Commission ninety days after the Effective Date, twelve months after
the Effective Date, and 48 months after the Effective Date. Each
compliance report shall include a compliance certificate from an
officer, as an agent of ComSpan, stating that the officer has personal
knowledge that ComSpan has established operating procedures intended
to ensure compliance with this Consent Decree, together with an
accompanying statement explaining the basis for the officer's
compliance certification. All compliance reports shall be submitted to
Hillary DeNigro, Chief, Investigations & Hearings Division,
Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W., Room 4-C330, Washington, D.C. 20554. ComSpan must also
transmit a copy of the reports via email to hillary.denigro@fcc.gov.
17. CPNI Compliance Plan. ComSpan further agrees to take all measures
necessary to achieve full compliance with Section 64.2009(e) of the
Commission's rules. ComSpan agrees to train its personnel regarding
when they are and are not authorized to use CPNI. ComSpan further
agrees to have an express disciplinary process in place for the
unauthorized use of CPNI. Additionally, ComSpan agrees to submit a
copy of its annual 64.2009(e) compliance certificate for each of four
(4) years following the Effective Date of this Consent Decree to the
Chief, Telecommunications Consumers Division, Enforcement Bureau,
Federal Communications Commission, 445 12th Street, S.W. Room 4-C244,
Washington, D.C. 20554, and must include the file number listed above.
ComSpan will also send an electronic copy of its certification to
other Telecommunications Consumers Division staff as directed by the
Division Chief.
18. Termination Date. Unless stated otherwise, the requirements of the
Federal Regulatory Reporting and Contribution Compliance Plan and
Consent Decree will expire 48 months after the Effective Date. The
requirements of the CPNI Compliance Plan will expire 48 months after
the Effective Date or upon the termination of the certification
requirement set forth in sections 64.2009(e) of the Commission's
rules, whichever is earlier.
19. Section 208 Complaints: Subsequent Investigations. Nothing in this
Consent Decree shall prevent the Commission or its delegated authority
from adjudicating complaints filed pursuant to section 208 of the Act
against ComSpan or its affiliates for alleged violations of the Act,
or for any other type of alleged misconduct, regardless of when such
misconduct took place. The Commission's adjudication of any such
complaint will be based solely on the record developed in that
proceeding. Except as expressly provided in this Consent Decree, this
Consent Decree shall not prevent the Commission from investigating new
evidence of noncompliance by ComSpan of the Act, the rules, or the
Order.
20. Voluntary Contribution. ComSpan agrees that it will make a voluntary
contribution to the United States Treasury in the amount of $200,000
in 48 monthly installments of $4,166.67. The first payment will be
made within 10 days after the Effective Date of the Adopting Order,
with subsequent payments made by the 15th day or each subsequent month
for 47 months. The payment must be made by check or similar
instrument, payable to the Order of the Federal Communications
Commission. The payment must include the Account Number and FRN Number
referenced in the caption to the Adopting Order. Payment by check or
money order may be mailed to the Federal Communications Commission,
P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail
may be sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL,
1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer
may be made to ABA Number 021030004, receiving bank TREAS/NYC, and
account number 27000001. ComSpan will also send electronic
notification on the date said payment is made to david.janas@fcc.gov.
21. Waivers. ComSpan waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal or stay, or
to otherwise challenge or contest the validity of this Consent Decree
and the Order adopting this Consent Decree, provided the Commission
issues an Order adopting the Consent Decree without change, addition,
modification, or deletion. ComSpan shall retain the right to challenge
Commission interpretation of the Consent Decree or any terms contained
herein. If either party (or the United States on behalf of the
Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither ComSpan nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and ComSpan
shall waive any statutory right to a trial de novo. ComSpan hereby
agrees to waive any claims it may otherwise have under the Equal
Access to Justice Act, relating to the matters addressed in this
Consent Decree.
22. Subsequent Rule or Order. The parties agree that if any provision of
the Consent Decree conflicts with any subsequent rule or order adopted
by the Commission (except an order specifically intended to revise the
terms of this Consent Decree to which ComSpan does not expressly
consent) that provision will be superseded by such Commission rule or
order.
23. Successors and Assigns. ComSpan agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
24. Final Settlement. The parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the parties. The
parties further agree that this Consent Decree does not constitute
either an adjudication on the merits or a factual or legal finding or
determination regarding any compliance or noncompliance with the
requirements of the Act or the Commission's rules and orders.
25. Modifications. This Consent Decree cannot be modified without the
advance written consent of both parties.
26. Paragraph Headings. The headings of the paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
27. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
28. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
________________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
________________________________
Jimmy Byrd
Chief Executive Officer
ComSpan Communications Inc.
________________________________
Date
47 U.S.C. S:S: 159, 225, 251(e)(2), and 254(d).
47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195.
47 U.S.C. S: 222.
47 C.F.R. S: 64.2009(e).
Implementation of the Telecomms. Act of 1996: Telecomms. Carriers' Use of
Customer Proprietary Network Info. & Other Customer Info.; IP-Enabled
Servs., Report and Order and Further Notice of Proposed Rulemaking, 22 FCC
Rcd 6927, 6953 (2007) ("EPIC CPNI Order"); aff'd sub nom. Nat'l Cable &
Telecomms. Assoc. v. FCC, 555 F.3d 996 (DC Cir. 2009).
See Annual CPNI Certification; Omnibus Notice of Apparent Liability for
Forfeiture, Omnibus Notice of Apparent Liability for Forfeiture, 24 FCC
Rcd 2299 (Enforcement Bureau 2009) ("CPNI Omnibus NAL").
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
47 U.S.C. S:S: 159, 225, 251(e)(2), and 254(d).
47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195.
47 U.S.C. S: 222.
47 C.F.R. S: 64.2009(e).
Implementation of the Telecomms. Act of 1996: Telecomms. Carriers' Use of
Customer Proprietary Network Info. & Other Customer Info.; IP-Enabled
Servs., Report and Order and Further Notice of Proposed Rulemaking, 22 FCC
Rcd 6927, 6953 (2007) ("EPIC CPNI Order"); aff'd sub nom. Nat'l Cable &
Telecomms. Assoc. v. FCC, 555 F.3d 996 (DC Cir. 2009).
See Annual CPNI Certification; Omnibus Notice of Apparent Liability for
Forfeiture, Omnibus Notice of Apparent Liability for Forfeiture, 24 FCC
Rcd 2299 (Enforcement Bureau 2009) ("CPNI Omnibus NAL").
See ComSpan Communications Inc. f/k/a Wantel, Inc., EB-08-IH-0665, Letter
from Trent B. Harkrader, Deputy Chief, Investigations & Hearings Division,
Enforcement Bureau, Federal Communications Commission to John Stadter,
Chief Executive Officer, Wantel, Inc. (Mar. 13, 2008) ("March 13, 2008
LOI").
47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, 64.1195.
See ComSpan Communications Inc., EB-08-TC-3549, Letter from Marcy Greene,
Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau,
Federal Communications Commission to John Stadter, Chief Executive
Officer, Wantel, Inc. (Sept. 5, 2008) ("September 5, 2008 LOI").
47 U.S.C. S: 222; 47 C.F.R. 64.2009(e).
47 U.S.C. S: 254(d); 47 C.F.R. S:S: 54.706, 54.711.
47 U.S.C. S: 251(e); 47 C.F.R. S:S: 52.17, 52.32.
47 U.S.C. S: 225(b)(1); 47 C.F.R. S: 64.604.
47 U.S.C. S: 9(a)(1); 47 C.F.R. S:S: 1.1154, 1.1157.
See supra note 7.
47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195.
See ComSpan Communications Inc. f/k/a Wantel, Inc., EB-08-IH-0665, Letter
from Raymond Hazlett, Chief Financial Officer, ComSpan Communications Inc.
to David Janas, Special Counsel, Investigations & Hearings Division,
Enforcement Bureau, Federal Communications Commission (Apr. 1, 2008);
ComSpan Communications Inc. f/k/a Wantel, Inc., EB-08-IH-0665, Letter
from Candice Alderson, Director, Legal Services, ComSpan Communications
Inc. to David Janas, Special Counsel, Investigations & Hearings Division,
Enforcement Bureau, Federal Communications Commission (Jul. 25, 2008);
ComSpan Communications Inc. f/k/a Wantel, Inc., EB-08-IH-0665, Letter
from Al Soreng, Controller, ComSpan Communications Inc. to David Janas,
Special Counsel, Investigations & Hearings Division, Enforcement Bureau,
Federal Communications Commission (Aug. 14, 2008); ComSpan Communications
Inc. f/k/a Wantel, Inc., EB-08-IH-0665, Letter from Al Soreng,
Controller, ComSpan Communications Inc. to David Janas, Special Counsel,
Investigations & Hearings Division, Enforcement Bureau, Federal
Communications Commission (Sept. 25, 2008).
Section 222 of the Act, 47 U.S.C S: 222, provides as follows: "Every
telecommunications carrier has a duty to protect the confidentiality of
proprietary information of, and relating to, other telecommunications
carriers, equipment manufacturers, and customers, including
telecommunication carriers reselling telecommunications services provided
by a telecommunications carrier." Prior to the 1996 amendments to the Act,
the Commission had established CPNI requirements applicable to the
enhanced services operations of AT&T, the Bell Operating Companies
("BOCs"), and GTE, and the customer premises equipment ("CPE") operations
of AT&T and the BOCs, in the Computer II, Computer III, GTE Open Network
Architecture ("ONA"), and BOC CPE Relief proceedings. See Implementation
of the Telecomms. Act of 1996: Telecomms. Carriers' Use of Customer
Proprietary Network Info. & Other Customer Info. & Implementation of
Non-Accounting Safeguards of Sections 271 and 272 of the Commc'ns Act of
1934, as Amended, Second Report and Order and Further Notice of Proposed
Rulemaking, 13 FCC Rcd 8061, 8068-70, P: 7 (1998) ("CPNI Order")
(describing the Commission's privacy protections for confidential customer
information in place prior to the 1996 amendments to the Act).
See CPNI Order, supra note 18; Implementation of the Telecomms. Act of
1996: Telecomms. Carriers' Use of Customer Proprietary Network Info. &
Other Customer Info. & Implementation of the Non-Accounting Safeguards of
Sections 271 and 272 of the Commc'ns Act of 1934, as Amended, Order on
Reconsideration and Petitions for Forbearance, 14 FCC Rcd 14409 (1999);
Implementation of the Telecomms. Act of 1996: Telecomms. Carriers' Use of
Customer Proprietary Network Info. & Other Customer Info. & Implementation
of the Non-Accounting Safeguards of Sections 271 and 272 of the Commc'ns
Act of 1934, as Amended; 2000 Biennial Regulatory Review -- Review of
Policies & Rules Concerning Unauthorized Changes of Consumers' Long
Distance Carriers, Third Report and Order and Third Further Notice of
Proposed Rulemaking, 17 FCC Rcd 14860 (2002); EPIC CPNI Order, supra note
5.
47 C.F.R. 64.2009(e).
See, e.g., http://www.epic.org/privacy/iei/ (accessed June 25, 2009).
See id.
See supra note 5. Specifically, pursuant to section 64.2009(e) of the
Commission's rules, a telecommunications carrier must have an officer, as
an agent of the carrier, sign and file with the Commission a compliance
certificate on an annual basis. The officer must state in the
certification that he or she has personal knowledge that the company has
established operating procedures that are adequate to ensure compliance
with the rules in Part 64, Subpart U of the Commission's rules. The
carrier must provide a statement accompanying the certification explaining
how its operating procedures ensure that it is or is not in compliance
with the rules in this subpart. In addition, the carrier must include an
explanation of any actions taken against data brokers and a summary of all
customer complaints received in the past year concerning the unauthorized
release of CPNI. This filing must be made annually with the Enforcement
Bureau on or before March 1 in EB Docket No. 06-36, for data pertaining to
the previous calendar year. 47 C.F.R. S: 64.2009(e).
EPIC CPNI Order, 22 FCC Rcd at 6928.
See supra note 9.
ComSpan Communications Inc., EB-08-TC-3549, Letter from Michelle Elkins,
Regulatory Assistant, ComSpan Communications Inc. to Marcy Greene, Deputy
Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal
Communications Commission (Sept. 16, 2008).
See CPNI Omnibus NAL, supra note 6; see also 47 C.F.R. S: 64.2009(e);
EPIC CPNI Order, supra note 5.
47 C.F.R. S: 64.2009(e).
5 U.S.C. S: 504; 47 C.F.R. Part 1, Subpart K.
Federal Communications Commission DA 10-692
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Federal Communications Commission DA 10-692