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   DA 08-171

   January 29, 2008

                    EB Provides Guidance on Filing of Annual

        Customer Proprietary Network Information  (CPNI) Certifications

                          Under 47 C.F.R. S:64.2009(e)

                              EB Docket No. 06-36

   In this Public Notice, the Enforcement Bureau (Bureau) responds to
   requests for guidance on the suggested format and procedures for the
   filing of annual CPNI compliance certifications ("CPNI Certifications")
   pursuant to 47 C.F.R. S: 64.2009(e). CPNI Certifications must be filed no
   later than March 1, 2008, in accordance with the procedures outlined
   below.

   Background. On April 2, 2007, the Commission released a Report and Order
   and Further Notice of Proposed Rulemaking in CC Docket No. 96-115 and WC
   Docket No. 04-36 (EPIC CPNI Order) in which the Commission strengthened
   its privacy rules, pursuant to section 222 of the Communications Act, as
   amended, by adopting additional safeguards to protect CPNI against
   unauthorized access and disclosure. One important change to the existing
   CPNI rules adopted in the EPIC CPNI Order is the requirement 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). This collection has been approved by OMB under control number
   30600715.

   Suggested format of CPNI Certifications. The Bureau provides the attached
   suggested template that filing entities can use to meet the annual
   certification filing requirement of 47 C.F.R. S: 64.2009(e). Use of this
   template is not mandatory, and any document that meets the requirements of
   the rule may be filed. Parties that elect to use the suggested template
   are encouraged to review the template carefully and to ensure that all
   fields are fully completed before submission in the above-referenced
   docket.

   Filing procedures. All filings are to reference EB Docket No. 06-36. All
   filings must be addressed to the Commission's Secretary, Marlene H.
   Dortch, Office of the Secretary, Federal Communications Commission, 445
   12th Street, SW, Suite TW-A325, Washington, DC 20554. Two (2) courtesy
   copies must be delivered to Federal Communications Commission, Enforcement
   Bureau, Telecommunications Consumers Division, 445 12th Street, SW,
   Washington, DC 20554, and one (1) copy must be sent to Best Copy and
   Printing, Inc., 445 12th Street, Suite CY-B402, Washington, DC 20554,
   telephone 202-488-5300, facsimile 202-488-5563, or via e-mail
   FCC@BCPIWEB.COM.

   Certifications may be filed: (1) using the Commission's Electronic Comment
   Filing System (ECFS); (2) or by filing paper copies.

     * Electronic Filers: Certifications may be filed electronically using
       the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/.
       Filers should follow the instructions provided on the website for
       submitting comments.

           * In completing the transmittal screen, filers should include
             their full name, U.S. Postal Service mailing address, and the
             applicable docket or rulemaking number. Parties may also submit
             an electronic comment by Internet e-mail. To get filing
             instructions, filers should send an e-mail to ecfs@fcc.gov, and
             include the following words in the body of the message, "get
             form." A sample form and directions will be sent in response.

     * Paper Filers: Parties who choose to file by paper must file an
       original and four copies of each filing.

   Filings can be sent by hand or messenger delivery, by commercial overnight
   courier, or by first-class or overnight U.S. Postal Service mail (although
   we continue to experience delays in receiving U.S. Postal Service mail).
   All filings must be addressed to the Commission's Secretary, Office of the
   Secretary, Federal Communications Commission.

     * The Commission's contractor will receive hand-delivered or
       messenger-delivered paper filings for the Commission's Secretary at
       236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The
       filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
       deliveries must be held together with rubber bands or fasteners. Any
       envelopes must be disposed of before entering the building.

     * Commercial overnight mail (other than U.S. Postal Service Express Mail
       and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
       Heights, MD 20743.

     * U.S. Postal Service first-class, Express, and Priority mail should be
       addressed to 445 12th Street, SW, Washington DC 20554.

   People with Disabilities: To request materials in accessible formats for
   people with disabilities (braille, large print, electronic files, audio
   format), send an e-mail to fcc504@fcc.gov or call the Consumer &
   Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

   Filings and comments are also available for public inspection and copying
   during regular business hours at the FCC Reference Information Center,
   Portals II, 445 12th Street, SW, Room CY-A257, Washington, DC, 20554. They
   may also be purchased from the Commission's duplicating contractor, Best
   Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY-B402,
   Washington, DC, 20554, telephone 202-488-5300, facsimile 202-488-5563, or
   via e-mail FCC@BCPIWEB.COM.

   For further information regarding the annual certification filing contact
   Marcy Greene, Telecommunications Consumers Division, Enforcement Bureau,
   (202) 418-2410.

               Annual 47 C.F.R. S: 64.2009(e) CPNI Certification

                                EB Docket 06-36

   Annual 64.2009(e) CPNI Certification for [year]

   Date filed: [date]

   Name of company covered by this certification: [company]

   Form 499 Filer ID: [Provide ID]

   Name of signatory: [name]

   Title of signatory: [title]

   I, [name of officer signing certification], certify that I am an officer
   of the company named above, and acting as an agent of the company, that I
   have personal knowledge that the company has established operating
   procedures that are adequate to ensure compliance with the Commission's
   CPNI rules. See 47 C.F.R. S: 64.2001 et seq.

   Attached to this certification is an accompanying statement explaining how
   the company's procedures ensure that the company [is/ is not] in
   compliance with the requirements set forth in section 64.2001 et seq. of
   the Commission's rules [attach accompanying statement].

   The company [has/has not] taken any actions (proceedings instituted or
   petitions filed by a company at either state commissions, the court
   system, or at the Commission against data brokers) against data brokers in
   the past year. Companies must report on any information that they have
   with respect to the processes pretexters are using to attempt to access
   CPNI , and what steps companies are taking to protect CPNI.

   If affirmative: [Provide explanation of any actions taken against data
   brokers]

   The company [has/has not] received any customer complaints in the past
   year concerning the unauthorized release of CPNI (number of customer
   complaints a company has received related to unauthorized access to CPNI,
   or unauthorized disclosure of CPNI, broken down by category or complaint,
   e.g., instances of improper access by employees, instances of improper
   disclosure to individuals not authorized to receive the information, or
   instances of improper access to online information by individuals not
   authorized to view the information).

   If affirmative: [Provide summary of all customer complaints received in
   the past year concerning the unauthorized release of CPNI.]

   Signed _____________________________ [electronic signature]

   Implementation of the Telecommunications Act of 1996: Telecommunications
   Carriers' Use of Customer Proprietary Network Information and Other
   Customer Information; IP-Enabled Services, CC Docket No. 96-115; WC Docket
   No. 04-36, Report and Order and Further Notice of Proposed Rulemaking, 22
   FCC Rcd 6927 (2007)("EPIC CPNI Order").

   See 47 U.S.C. S: 222.

   47 C.F.R. S: 64.2009(e) states: "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."

   PUBLIC NOTICE

                                       2

   Federal Communications Commission

   445 12th St., S.W.

   Washington, D.C. 20554

                                        News Media Information 202 / 418-0500

                                                 Internet: http://www.fcc.gov

                                                          TTY: 1-888-835-5322