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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
) File No.: EB-11-IH-0610
In the Matter of
) Acct. No.: 201232080017
Bay Springs Communications, Inc.
) FRN: 0015518269
)
)
ORDER
Adopted: February 24, 2012 Released: February 24, 2012
By the Acting Chief, Investigations and Hearings Division, Enforcement
Bureau:
1. In this Order, we adopt a Consent Decree entered into between the
Enforcement Bureau (Bureau) and Bay Springs Communications, Inc.
(BSCI). The Consent Decree terminates an investigation by the Bureau
against BSCI for possible violations of Sections 9(a)(1), 225,
251(e)(2), and 254(d) of the Communications Act of 1934, as amended
(Act), and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706,
54.711, 64.604, and 64.1195 of the Commission's rules (Rules)
concerning various regulatory fee and reporting obligations as well as
required contributions to the Universal Service Fund, the
Telecommunications Relay Service Fund, and the North American
Numbering Plan and Local Number Portability administration. The
Consent Decree also terminates an investigation by the Bureau into
possible violations of Section 222 of the Act, Section 64.2009(e) of
the Rules, and the Commission's EPIC CPNI Order regarding BSCI's
customer proprietary network information obligations.
2. A copy of the Consent Decree negotiated by the Bureau and BSCI 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 investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether BSCI 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 Sections 4(i) and 503(b)
of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent
Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Thomas J. Moorman, Woods & Aitken LLP, 2154 Wisconsin
Ave., NW, Suite 200, Washington, DC 20007.
FEDERAL COMMUNICATIONS COMMISSION
Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
) File No.: EB-11-IH-0610
In the Matter of
) Acct. No.: 201232080017
Bay Springs Communications, Inc.
) FRN: 0015518269
)
)
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and
Bay Springs Communications, Inc., by their authorized representatives,
hereby enter into this Consent Decree for the purpose of terminating
the Bureau's investigation into whether BSCI violated Sections
9(a)(1), 225, 251(e)(2), and 254(d) of the Communications Act of 1934,
as amended, and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706,
54.711, 64.604, and 64.1195 of the Commission's rules, concerning the
following issues: (1) payment of annual regulatory fees; (2) filing of
international telecommunications traffic reports; (3) contributions to
the Universal Service Fund and Telecommunications Relay Services Fund;
(4) contributions to the cost-recovery mechanisms for North American
Numbering Plan and Local Number Portability administration; and (5)
the reporting of information as set forth on the Telecommunications
Reporting Worksheets. The Consent Decree also terminates an
investigation by the Bureau for possible violations of Section 222 of
the Act, Section 64.2009(e) of the Rules, and the Commission's EPIC
CPNI Order, regarding BSCI's apparent failure to timely file compliant
annual customer proprietary network information certifications
pursuant to Section 64.2009(e).
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. "Adopting Order" means an Order of the Commission adopting the terms
of this Consent Decree without change, addition, deletion, or
modification.
c. "BSCI" means Bay Springs Communications, Inc. and its
predecessors-in-interest and successors-in-interest.
d. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
e. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
f. "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which BSCI is subject by virtue of its business activities.
g. "Company" means Bay Springs Communications, Inc. and its
predecessors-in-interest and successors-in-interest.
h. "Compliance Plan" means the plan described in this Consent Decree at
paragraph 17.
i. "Covered CPNI Employees" means all employees and agents of BSCI who
perform, or supervise, oversee, or manage the performance of, duties
that relate to BSCI's responsibilities under the CPNI Rules.
j. "CPNI" means customer proprietary network information.
k. "CPNI Rules" means Section 222 of the Act, Section 64.2009(e) of the
Rules, the EPIC CPNI Order, and other provisions of the Act, the
Rules, and Commission orders governing a telecommunications carrier's
use of CPNI.
l. "Effective Date" means the date on which the Commission releases the
Adopting Order.
m. "Federal Regulatory Reporting and Contribution Rules" means Sections
9, 225, 251(e)(2), and 254(d) of the Act, Sections 1.1154, 1.1157,
43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Rules,
and other provisions of the Act, the Rules, and Commission orders
governing federal regulatory reporting and contribution obligations.
n. "Investigation" means the investigation initiated by the Bureau in
File No. EB-11-IH-0610 in response to BSCI's voluntary disclosure
regarding possible violations of Sections 9, 222, 225, 251(e)(2), and
254(d) of the Act, Sections 1.1154, 1.1157, 43.61, 52.17, 52.32,
54.706, 54.711, 64.604, 64.1195, and 64.2009(e) of the Rules, and the
Commission's EPIC CPNI Order.
o. "LNP" means Local Number Portability.
p. "NANP" means the North American Numbering Plan.
q. "Parties" means Bay Springs Communications, Inc. and the Bureau, and
each a "Party."
r. "Rules" means the Commission's regulations found in Title 47 of the
Federal Regulations.
s. "TRS" means Telecommunications Relay Services.
t. "USF" means the Universal Service Fund.
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 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. Pursuant to Section
64.1195 of Rules, interstate telecommunications carriers are required
to file registration information on FCC Form 499-A.
4. Pursuant to Section 225(b)(1) of the Act and Section 64.604 of the
Rules, providers of interstate telecommunications services are
required to contribute to the TRS Fund.
5. Pursuant to Section 251(e) of the Act and Sections 52.17 and 52.32 of
the Rules, telecommunications service providers are required to
contribute to the costs of establishing numbering administration and
local number portability.
6. Pursuant to Section 9(a)(1) of the Act and Sections 1.1154 and 1.1157
of the Rules, interstate telecommunications carriers are required to
pay regulatory fees.
7. Pursuant to Section 43.61 of the Rules, common carriers engaged in
providing international telecommunications service between the area
comprising the continental United States, Alaska, Hawaii, and offshore
U.S. points and any country or point outside that area are required to
file reports of international telecommunications traffic.
B. CPNI Obligations
8. Section 222 of the Act imposes the general duty on all
telecommunications carriers to protect the confidentiality of their
subscribers' proprietary information. The Commission has issued rules
implementing Section 222 of the Act. The Commission requires carriers
to establish and maintain a system designed to ensure that carriers
adequately protect their subscribers' CPNI. Section 64.2009(e) of the
Rules is one such requirement.
9. 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. The EPIC CPNI Order requires that
all companies subject to the CPNI rules file annually, on or before
March 1, a certification with the Commission pursuant to amended rule
47 C.F.R. S: 64.2009(e). Additionally, companies must now provide with
their certification "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."
C. Investigation
10. BSCI is a small competitive local exchange carrier based in
Mississippi that offers interstate and international
telecommunications services. BSCI began operations in November 2006
and is subject to the requirements discussed in paragraphs 3 through 9
above.
11. In March 2011, BSCI voluntarily disclosed to the Bureau potential
violations of the Act and the Rules involving federal regulatory
reporting, contribution, and CPNI obligations.
12. As of the Effective Date, BSCI 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 and CPNI obligations discussed above. BSCI
provided financial information documenting its inability to pay a
large forfeiture.
III. TERMS OF AGREEMENT
13. 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.
14. Jurisdiction. BSCI 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.
15. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the Effective Date. 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.
16. Termination of Investigation. 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
Investigation. In consideration for the termination of said
Investigation, BSCI 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
this Investigation through the Effective Date, 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 BSCI concerning the matters that were the subjects of the
Investigation. The Bureau also agrees that it will not use the facts
developed in this Investigation through the Effective Date, 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 BSCI with respect to BSCI's basic qualifications, including
its character qualifications, to be a Commission licensee or hold
Commission authorizations.
17. Compliance Plan. For purposes of settling the matters set forth
herein, BSCI agrees to implement a Compliance Plan related to future
compliance with the Communications Laws. The Compliance Plan must
include, at a minimum, the following components:
a. Compliance Officer. Within thirty (30) calendar days of the Effective
Date, BSCI will designate a Compliance Officer who will administer the
Compliance Plan, supervise BSCI's compliance with the Communications
Laws, and serve as the point of contact on behalf of BSCI for all
FCC-related compliance matters.
b. Compliance Manual. Within sixty (60) calendar days of the Effective
Date, the Compliance Officer will develop and distribute a Compliance
Manual to employees and others who perform duties at BSCI that trigger
or may trigger compliance-related responsibilities. The Compliance
Manual will include, at a minimum, an overview of the Federal
Regulatory Reporting and Contribution Rules, including (i) the payment
of annual regulatory fees; (ii) contributions to the USF and TRS Fund;
(iii) contributions to cost-recovery mechanisms for NANP and LNP
administration; (iv) the submission of information as set forth on the
Telecommunications Reporting Worksheets; and (v) the submission of
international telecommunications traffic reports. The Compliance
Manual will also set forth a schedule of filing and payment dates
associated with these regulatory reporting and contribution
obligations. BSCI will create compliance notifications that alert BSCI
personnel to upcoming filing and payment dates. The Compliance Manual
will require personnel to contact BSCI's Compliance Officer, and if
appropriate, regulatory legal counsel, with any questions or concerns
that arise with respect to BSCI's federal regulatory reporting and
contribution obligations.
c. Compliance Training Program. Within ninety (90) calendar days after
the Effective Date, and annually thereafter, BSCI shall implement and
conduct a training program on compliance with the Federal Regulatory
Reporting and Contribution Rules for all employees who perform duties
at BSCI that trigger or may trigger compliance-related
responsibilities. BSCI shall ensure that training and compliance
materials are provided to new and reassigned employees who are
responsible for fulfilling those obligations within the first thirty
(30) calendar days of employment or reassignment.
d. Review and Monitoring. BSCI will review the Compliance Manual and
Compliance Training Program at least annually to ensure that they are
complete and otherwise properly maintained and continue to address
BSCI's compliance with the Federal Regulatory Reporting and
Contribution Rules, and will update the Compliance Manual and
Compliance Training Program in the event of changes and/or additions
to the relevant sections of the Communications Laws.
e. CPNI Compliance Measures, Training, and Disciplinary Process. BSCI
agrees to take all measures necessary to achieve full compliance with
the CPNI Rules. BSCI agrees that within thirty (30) calendar days
after the Effective Date, Covered CPNI Employees shall be trained as
to when they are and are not authorized to use CPNI. As part of the
CPNI training, Covered CPNI Employees shall be advised of BSCI's
obligation to report any non-compliance with the CPNI Rules under
paragraph 17(f) of this Consent Decree and shall be instructed on how
to disclose non-compliance to the Compliance Officer. BSCI further
agrees to have an express disciplinary process in place for the
unauthorized use of CPNI within thirty (30) calendar days after the
Effective Date. Additionally, BSCI agrees to submit for each of three
(3) years following the Effective Date of this Consent Decree a copy
of its annual Section 64.2009(e) compliance certificate, which it is
required to file annually in EB Docket 06-36, to the Chief,
Telecommunications Consumers Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Room 4-C244,
Washington, D.C. 20554. BSCI must also send an electronic copy of its
certification to other Telecommunications Consumers Division staff as
directed by the Telecommunications Consumers Division Chief.
f. Reporting Non-Compliance. BSCI will report any non-compliance with
this Consent Decree, the Federal Regulatory Reporting and Contribution
Rules, the CPNI Rules, or related Commission orders to the Bureau
within fifteen (15) days after the discovery of non-compliance.
g. Compliance Reports. BSCI will file compliance reports with the
Commission ninety (90) days after the Effective Date, twelve (12)
months after the Effective Date, twenty-four (24) months after the
Effective Date, and upon expiration of this Consent Decree, three (3)
years after the Effective Date. Each compliance report shall include a
compliance certificate from the Compliance Officer, as an agent of
BSCI, stating that the Compliance Officer has personal knowledge that
BSCI: (i) has established operating procedures intended to ensure
compliance with the terms and conditions of this Consent Decree, the
Federal Regulatory Reporting and Contribution Rules, and the CPNI
Rules, together with an accompanying statement explaining the basis
for the Compliance Officer's certification; (ii) has been utilizing
those procedures since the previous Compliance Report was submitted;
and (iii) is not aware of any instances of non-compliance. The
certification must comply with Section 1.16 of the Rules and be
subscribed to as true under penalty of perjury in substantially the
form set forth therein. If the Compliance Officer cannot provide the
requisite certification, the Compliance Officer, as an agent of and on
behalf of BSCI, shall provide the Commission with a detailed
explanation of: (i) any instances of non-compliance with this Consent
Decree and the Rules, and (ii) the steps that BSCI has taken or will
take to remedy each instance of non-compliance and ensure future
compliance, and the schedule on which proposed remedial actions will
be taken. All compliance reports shall be submitted to the Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, Room 4-C330, 445 12th Street, S.W.,
Washington, D.C. 20554, with a copy submitted electronically to Terry
Cavanaugh at Terry.Cavanaugh@fcc.gov, Pamela S. Kane at
Pamela.Kane@fcc.gov, and Edward Smith at Edward.Smith@fcc.gov.
h. Termination Date. The requirements of this Compliance Plan shall
expire thirty-six (36) months after the Effective Date, except that
the requirements of paragraph 17(e) shall expire thirty-six (36)
months after the Effective Date or upon the termination of the
certification requirement set forth in Section 64.2009(e) of the
Rules, whichever is earlier.
18. 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 BSCI 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 BSCI with the Communications Laws.
19. Voluntary Contribution. BSCI agrees that it will make a voluntary
contribution to the United States Treasury in the amount of sixteen
thousand dollars ($16,000). The contribution will be made within
thirty (30) calendar days after the Effective Date of the Adopting
Order. 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 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 Federal Reserve Bank of New York, and
account number 27000001. For payments by credit card, an FCC Form 159
(Remittance Advice) must be submitted. When completing the FCC Form
159, enter the Account Number in block number 23A (call sign/other
ID), and enter the letters "FORF" in block number 24A (payment type
code). BSCI will also send electronic notification to Terry Cavanaugh
at Terry.Cavanaugh@fcc.gov, Pamela S. Kane at Pamela.Kane@fcc.gov, and
Edward Smith at Edward.Smith@fcc.gov on the date said payment is made.
20. Waivers. BSCI 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 Adopting Order, provided the Commission issues the Adopting
Order adopting the Consent Decree without change, addition,
modification, or deletion. BSCI 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 BSCI nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and BSCI shall
waive any statutory right to a trial de novo. BSCI 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.
21. Invalidity. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal
proceeding.
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 BSCI does not expressly consent)
that provision will be superseded by such Commission rule or order.
23. Successors and Assigns. BSCI 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 Communications Laws.
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.
________________________________
Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau
________________________________
Date
________________________________
James Garner
Vice President of Operations
Bay Springs Communications, Inc.
________________________________
Date
47 U.S.C. S:S: 159(a)(1), 225, 251(e)(2), 254(d).
47 C.F.R. S:S: 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711,
64.604, 64.1195.
47 U.S.C. S: 222.
47 C.F.R. S: 64.2009(e).
Implementation of the Telecommunications Act of 1996: Telecommunications
Carriers' Use of Customer Proprietary Network Information and Other
Customer Information; IP-Enabled Services, 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 & Telecom. Assoc. v. FCC, 555 F.3d 996
(D.C. Cir. 2009).
47 U.S.C. S:S: 154(i), 503(b).
47 C.F.R. S:S: 0.111, 0.311.
47 U.S.C. S:S: 159(a)(1), 225, 251(e)(2), 254(d).
47 C.F.R. S:S: 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711,
64.604, 64.1195.
47 U.S.C. S: 222.
47 C.F.R. S: 64.2009(e).
Implementation of the Telecommunications Act of 1996: Telecommunications
Carriers' Use of Customer Proprietary Network Information and Other
Customer Information; IP-Enabled Services, 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 & Telecom. Assoc. v. FCC, 555 F.3d 996
(D.C. Cir. 2009).
47 U.S.C. S:S: 159, 225, 251(e)(2), 254(d).
47 C.F.R. S:S: 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711,
64.604.
47 U.S.C. S:S: 159, 222, 225, 251(e)(2), 254(d).
47 C.F.R. S:S: 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711,
64.604, 64.1195, 64.2009(e).
EPIC CPNI Order, 22 FCC Rcd 6927.
See 47 U.S.C. S: 254(d); 47 C.F.R. S:S: 54.706, 54.711.
See 47 C.F.R. S: 64.1195.
See 47 U.S.C. S: 225(b)(1); 47 C.F.R. S: 64.604.
See 47 U.S.C. S: 251(e); 47 C.F.R. S:S: 52.17, 52.32.
47 U.S.C. S: 159(a)(1); 47 C.F.R. S:S: 1.1154, 1.1157.
47 C.F.R. S: 43.61.
Section 222 of the Act, 47 U.S.C S: 222, provides that: "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 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 Telecommunications Act
of 1996: Telecommunications Carriers' Use of Customer Proprietary Network
Information and Other Customer Information and Implementation of
Non-Accounting Safeguards of Sections 271 and 272 of the Communications
Act of 1934, as amended, Second Report and Order and Further Notice of
Proposed Rulemaking, 13 FCC Rcd 8061, 8068-70 (1998) (CPNI Order)
(describing the Commission's privacy protections for confidential customer
information in place prior to the 1996 Act).
See CPNI Order. See also Implementation of the Telecommunications Act of
1996: Telecommunications Carriers' Use of Customer Proprietary Network
Information and Other Customer Information and Implementation of the
Non-Accounting Safeguards of Sections 271 and 272 of the Communications
Act of 1934, as amended, Order on Reconsideration and Petitions for
Forbearance, 14 FCC Rcd 14409 (1999); Implementation of the
Telecommunications Act of 1996: Telecommunications Carriers' Use of
Customer Proprietary Network Information and Other Customer Information
and Implementation of the Non-Accounting Safeguards of Sections 271 and
272 of the Communications Act of 1934, as amended; 2000 Biennial
Regulatory Review-Review of Policies and 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.
See, e.g., http://www.epic.org/privacy/iei/.
See id.
See EPIC CPNI Order, 22 FCC Rcd 6927. Specifically, pursuant to Section
64.2009(e): 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 this
subpart. 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. See 47 C.F.R. S:
64.2009(e).
See EPIC CPNI Order, 22 FCC Rcd at 6928.
See id. at 6953; 47 C.F.R. S: 64.2009(e).
EPIC CPNI Order, 22 FCC Rcd at 6953.
See 47 U.S.C. S: 503(b)(2)(E); 47 C.F.R. S: 1.80(b)(6).
See id. S: 1.16.
See 47 U.S.C. S: 208.
See 5 U.S.C. S: 504; 47 C.F.R. Part 1, Subpart K.
Federal Communications Commission DA 12-267
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Federal Communications Commission DA 12-267