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EB Provides Guidance on Filing 2008 Annual Customer Proprietary Network Information (CPNI) Certifications

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Released: December 31, 1969

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 09-9
January 7, 2009

EB Provides Guidance on Filing of 2008 Annual

Customer Proprietary Network Information (CPNI) Certifications

Under 47 C.F.R. 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. 64.2009(e). CPNI Certifications must be filed annually between January 1 and March 1, 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)1 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.2 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. 64.2009(e).3 This collection has been approved by OMB under control number 30600715. Prior to the
2008 annual filings, the Bureau released a Public Notice providing a suggested template that filing entities
could use to meet the annual certification filing requirement.4

1 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").
2 See 47 U.S.C. 222.
3 47 C.F.R. 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."
4 Public Notice, EB Provides Guidance on Filing on Annual Customer Proprietary Network Information (CPNI)
Certifications Under 47 C.F.R. 64.2009(e)
, 08-171 (Jan. 29, 2008).

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. 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.
Filing procedures. All filings must 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, 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 the following individuals in the
Telecommunications Consumers Division, Enforcement Bureau: Robert Somers, (202) 418-1483, Edward Hayes,
(202) 418-7994, Donna Cyrus, (202) 418-7325, or Marcy Greene, (202) 418-2410.
2

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

EB Docket 06-36

Annual 64.2009(e) CPNI Certification for [year]
Date filed: [date]
Name of company(s) covered by this certification: [company]
Form 499 Filer ID: [provide ID(s)]
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. 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 _____________________________ [signature]
3

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