Upcoming Open Internet Rules may soon expand CPNI-Type Obligations to Broadband

Last week the Federal Communications Commission (FCC) issued its annual CPNI “Enforcement Advisory,” reminding telecommunications and interconnected VoIP service providers that they are required under FCC rules to execute and file an annual officer certification that is in compliance with the agency’s Customer Proprietary Network Information (CPNI) regulations. The annual certification for calendar year 2015 must be filed with the FCC by March 1, 2016. The FCC has taken aggressive enforcement actions against providers in the past for merely failing to file this annual certification. The FCC’s new advisory expressly confirms that the Commission’s CPNI rules, including the annual certification requirement, do not apply to broadband services. However, the FCC has warned providers that they must take steps to protect the privacy of the information they obtain from broadband customers, and it is expected the FCC will propose rules for broadband services under the FCC’s 2015 Open Internet Order this spring.  Service providers should carefully review their CPNI procedures and other privacy policies prior to filing to assure that these documents accurately reflect the required compliance with the FCC rules. Please read our full advisory here for additional details on the FCC’s Enforcement Advisory, CPNI certification requirements, and advice for broadband service providers to protect customer information in anticipation of the FCC’s new rules under the Open Internet Order.