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Reply Comment Deadline Extended for Public Knowledge CPNI Petition

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Released: January 30, 2014

Federal Communications Commission

DA 14-103

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Petition of Public Knowledge et al. for
)
WC Docket No. 13-306
Declaratory Ruling Stating that the Sale of Non-
)
Aggregate Call Records by Telecommunications
)
Providers without Customers’ Consent Violates
)
Section 222 of the Communications Act
)
)

ORDER

Adopted: January 30, 2014

Released: January 30, 2014

Revised Reply Date: March 3, 2014

By the Chief, Competition Policy Division, Wireline Competition Bureau:
1.
This Order grants a requested extension of time to file reply comments in the above-
captioned proceeding. On December 11, 2013, Public Knowledge et al. filed a petition with the
Commission, requesting that the Commission declare that under section 222, non-aggregate call records
that have been purged of personal identifiers but leave customers’ individual characteristics intact are
protected as individually identifiable customer proprietary network information (CPNI), and that
telecommunications providers are prohibited from selling or sharing such records with third parties
without customers’ consent.1 The Wireline Competition Bureau released a Public Notice seeking
comment on the Public Knowledge Petition on December 18, 2013, and established January 17, 2014, and
February 3, 2014, as the dates for filing comments and replies respectively.2
2.
On January 28, 2014, Public Knowledge et al. filed a joint motion requesting an
extension of the reply comment deadline to March 3, 2014.3 The petitioners state that the requested 30-
day extension of time is necessary due to the federal holiday and weather-related closures that delayed the

1 Petition of Public Knowledge et al. for Declaratory Ruling Stating that the Sale of Non-Aggregate Call Records by
Telecommunications Providers without Consumers’ Consent Violates Section 222 of the Communications Act, WC
Docket No. 13-306 (filed Dec. 11, 2013) (Petition). The Petition was filed jointly by Public Knowledge, Benton
Foundation, Center for Digital Democracy, Center for Media Justice, Chris Jay Hoofnagle, Common Cause,
Consumer Action, Electronic Frontier Foundation, Electronic Privacy Information Center, Free Press, New America
Foundation’s Open Technology Institute, and U.S. PIRG.
2 Wireline Competition Bureau Seeks Comment on Petition of Public Knowledge for Declaratory Ruling that Section
222 of the Communications Act Prohibits Telecommunications Providers from Selling Non-Aggregate Call Records
Without Customers' Consent
, WC Docket No. 13-306, Public Notice, DA 13-2415 (Wireline Comp. Bur. rel. Dec.
18, 2013).
3 Joint Motion for Extension of Reply Comment Deadline, filed by Public Knowledge et al., WC Docket No. 13-306
(filed Jan. 28, 2014) (Motion). Public Knowledge was joined on the Motion by Benton Foundation, Center for
Digital Democracy, Center for Media Justice, Chris Jay Hoofnagle, Common Cause, Consumer Action, Electronic
Frontier Foundation, Electronic Privacy Information Center, Free Press, New America Foundation's Open
Technology Institute, and U.S. PIRG.

Federal Communications Commission

DA 14-103

Commission in posting several comments to the Electronic Comment Filing System.4 The petitioners
further note that the “disruption in schedule has been particularly hindering for small organizations” with
limited staff and resources and that the additional time will “allow time for consultation and coordination
among [their] different organizations.”5
3.
In light of these factors cited by Public Knowledge, the Wireline Competition Bureau
grants the joint motion for an extension of the reply comment deadline. Furthermore, the issues in the
underlying Petition and the comments that have been filed involve complex matters, and there is no
indication that harm to any party would result from extending the time to file reply comments. We also
find that allowing additional time to file replies should result in a more complete and well-developed
record.
4.
Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, as
amended, 47 U.S.C. § 154(i), and sections 0.91, 0.291 and 1.46 of the Commission’s rules, 47 C.F.R. §§
0.91, 0.291 and 1.46, that the Joint Motion for Extension of Reply Comment Deadline filed by Public
Knowledge et al. in WC Docket No. 13-306 is GRANTED and the time to file replies to comments
regarding Public Knowledge’s Petition is extended from February 3, 2014 to March 3, 2014.
FEDERAL COMMUNICATIONS COMMISSION
William A. Dever
Chief, Competition Policy Division
Wireline Competition Bureau

4 Id. at 2.
5 Id. at 1-2.
2

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