CLIENT MEMORANDUM

FROM:

Elizabeth Sachs and Katherine Patsas Nevitt

RE:

Customer Proprietary Network Information Annual Certification

March 1, 2015 Filing Deadline

DATE:

February 9, 2015

By now, you should be familiar with the Federal Communications Commissions (FCC or
Commission) Order that strengthened the privacy rules regarding disclosure and unauthorized
access to Customer Proprietary Network Information (CPNI) as required by Section 222 of the
Communications Act.
As you are aware, the FCC had previously stated that all telecommunications carriers,
whether interconnected or not, must annually file a certification showing compliance with the CPNI
rules. However, in December 2010, the Commission released an Order cancelling several
enforcement actions against non-interconnected companies saying that they had no CPNI
certification requirement for the year in question. While this decision on its face appeared to
represent a change in position, the Commission never explicitly adopted this stance.
In a February 2011 letter to the Enterprise Wireless Alliance (EWA), responding to EWAs
request for clarification in this matter, the Commission did not take the opportunity to confirm that
non-interconnected carriers are exempt from the CPNI filing requirement. Rather, the Commission
reiterated the broad interpretation that all telecommunication carriers are subject to the requirement.
While we believe EWAs understanding is correct and that the FCC no longer considers noninterconnected systems as being subject to the CPNI rules, we cannot guarantee this interpretation.
There has not been any additional Commission action on this matter in the last few years.
Our recommendations for filing remain the same: you may file a letter with the Commission
explaining your system is not interconnected and, therefore, not subject to the requirement; you may
refile the same letter youve previously filed with the Commission to remind them that your system
is not interconnected, and so that a filing for your company is not missing from the docket for any

given year; or proceed with the regular CPNI filing out of an abundance of caution. While we
believe the first two courses of action are consistent with the FCCs current interpretation of CPNI
requirements and defensible in light of the Commissions December 2010 Order, again there is no
explicit FCC statement to confirm this.
In either case, filings must be made by March 1, 2015. Electronic filings can be made using
the FCCs Electronic Comment Filing System, http://www.fcc.gov.cgb/ecfs/. Simply follow the
instructions for electronic filing and file under EB Docket No. 06-36. Electronic filers should also email their certification to Best Copy and Printing, Inc. at FCC@BCPIWEB.COM.
Our office can provide assistance with the preparation of the certification and the electronic
filings for your company. Our office has prepared a template certification with our suggested format
for the 2015 certification covering the 2014 calendar year. Please let us know by February 23, 2015
if you would like our assistance in tailoring these documents for your company.