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FCC to Go After Carriers for Privacy Compliance Failures

"I have long stressed the importance of protecting the sensitive information that telecommunications carriers collect about their customers."

"I have long stressed the importance of protecting the sensitive information that telecommunications carriers collect about their customers." -- Acting FCC Chairman Michael J. Copps (pictured)

Acting FCC Chairman Michael J. Copps said yesterday that some 600 telecommunications carriers failed to file a required Customer Proprietary Network Information (CPNI) compliance certification. The commission's Enforcement Bureau released an Omnibus Notice of Apparent Liability (NAL) against those carriers, and this week the Bureau is releasing Notices of Apparent Liability against multiple carriers that filed non-compliant annual CPNI certifications with the Commission.

"I have long stressed the importance of protecting the sensitive information that telecommunications carriers collect about their customers," said Copps. "Carriers' obligation to annually certify that they have implemented a CPNI protection plan is essential to ensuring their compliance with the Commission's rules as well as our ability to monitor their compliance. The broad nature of this enforcement action hopefully will ensure substantial compliance with our CPNI rules going forward as the Commission continues to make consumer privacy protection a top priority."

The release of these NALs reflects the culmination of a comprehensive review undertaken by the Enforcement Bureau of the annual CPNI certifications all carriers were required to submit on March 1, 2008 and furthers the Commission's efforts to achieve industry-wide compliance with these rules. In the case of the more than 600 carriers who failed to file a CPNI certification, the NALs include a proposed fine of $20,000 while cases involving the submission of non-compliant CPNI certifications have a range of fines up to $10,000. Carriers will have an opportunity to demonstrate to the Commission that the proposed fines are inapplicable or that there are reasons to reduce the penalty due to an inability to pay.