FCC Web Documents citing 64.2001
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- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information Security Outsourcing Solutions, Inc. may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. § 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
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- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information (``CPNI'') Action Research Group may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. § 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
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- as directed by the Division Chief. D. Term of the Plan AT&T will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 10. The Bureau agrees that, in the absence of new material evidence, it will not use the facts developed in this Investigation through the Effective Date of the Consent Decree, or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
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- customer proprietary network information as defined in 47 U.S.C. § 222(h)(1). ``Commission'' means the Federal Communications Commission. ``Effective date'' means the date on which the Commission releases the Adopting Order. ``Investigation'' means the investigation commenced on February 1, 2006 by the Bureau letter of inquiry regarding Cbeyond's compliance with 47 U.S.C. § 222 of the Act and 47 C.F.R. §§ 64.2001-2009 that resulted in the Bureau's issuance of the NAL on April 21, 2006. ``NAL'' means the proceeding commenced on April 21, 2006 by the Bureau Notice of Apparent Liability for Forfeiture against Cbeyond Communications, Inc. for the apparent violation of section 64.2009(e) of the Commission's rules, 47 C.F.R § 64.2009(e). ``Order'' or ``Adopting Order'' means an Order of the Commission
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-171A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-171A1.pdf
- 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,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.pdf
- appropriate PSAP based on the caller's location. E911 also provides the call taker with the caller's call back number ... and in many cases, location information....'' Id. at 10251 ¶13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to call 911 during emergency situations). See 47 C.F.R. §§ 1.20000 - 1.20008. See id. §§ 64.2001 - 64.2009. See id. §§ 64.601 - 64.608. See id. §§ 6.1 - 6.23 and §§ 7.1 - 7.23. See id. §§ 52.20 - 52.33 See id. § 54.706. See id. § 64.604. See id. § 52.17. See id. § 52.32. See id. § 64.1195. Id. §§ 0.111, 0.311 and 1.80. (continued ...) Federal Communications Commission DA 08-1920 Federal Communications
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- Protocol (IP)-based TRS services include IP Relay and IP Captioned Telephone Service (CTS). See generally 47 U.S.C. § 225; 47 C.F.R. §§ 64.601 et seq. ). We seek comment on the suggestions and conclusions identified in that report. See 47 U.S.C. § 258(a) and 47 C.F.R. § 64.1120 (setting forth ``slamming'' restrictions). See 47 U.S.C. § 222; 47 C.F.R. § 64.2001 et seq. (the CPNI rules). See 47 U.S.C. § 153(30) (defining number portability); 47 C.F.R. § 52.20 et seq. (setting forth LNP requirements). See, e.g., Interoperability FNPRM: Comments of Communication Service for the Deaf, Inc. in CG Docket No. 03-123 at 6-8 (July 17, 2006) (addressing numbering-related slamming and LNP issues); see also Ex Parte of Hands On Video Relay
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- S.W., Washington, D.C. 20554. 17. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigations (AT&T Investigation (EB-07-TC-13231), AT&T Investigation (EB-08-TC-1005) and BellSouth Investigation (EB-06-TC-3715)), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 18. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against the AT&T Companies or their affiliates for alleged violations of the Act, or for any other type of
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- 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,
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- 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,
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- of non-compliance. 11. Compliance Review . 12. Term of the Plan Verizon will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 13. The Bureau agrees that, in the absence of new material evidence related to these matters, it will not use the facts developed in these matters through the Effective Date or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
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- Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. 13. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigation (EB-08-TC-4005), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 14. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against GIT for alleged violations of the Act, or for any other type of alleged misconduct, regardless of when
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- safeguards of confidentiality for any competitively sensitive or proprietary information. 15. Subsequent Rule or Order. The Parties agree that if any provision of this Consent Decree is inconsistent with any subsequent rule or order adopted by the Commission, that provision will be superseded by such Commission rule or order. In the event that the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules (47 C.F.R. §§ 64.2001-2009) are repealed, this Consent Decree shall be terminated when the action repealing the rules becomes final. 16. Successors and Assigns. AT&T agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute
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- Systema Networks, Inc. EB-09-TC-162 0017616053 200932170121 47 C.F.R. § 64.2009(e). Section 222 of the Communications Act, 47 U.S.C § 222, provides that: ``Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.'' 47 C.F.R. § 64.2001-2011. For purposes of the CPNI rules, the term ``telecommunications carrier'' includes an entity that provides interconnected VoIP service. 47 C.F.R. § 64.2003(o). See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91,(rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day of
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- 200932170871 Z-Telephony, LLC EB-08-TC-6086 0015853450 200932170916 47 C.F.R. § 64.2009(e). Section 222 of the Communications Act, 47 U.S.C § 222, provides that: ``Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.'' 47 C.F.R. § 64.2001-2011. For purposes of the CPNI rules, the term ``telecommunications carrier'' includes an entity that provides interconnected VoIP service. 47 C.F.R. § 64.2003(o). See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day
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- [Insert title of corporate officer] 6. Certification: I, [Insert 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 in compliance with the requirements (including those mandating the adoption of CPNI procedures, training, recordkeeping, and supervisory review) set forth in section 64.2001 et seq. of the Commission's rules. The company [has/has not] taken actions (i.e., proceedings instituted or petitions
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- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. § 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
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- EnterConference EB-10-TC-138 0018083949 2/25/2010 201132170009 ESLITE Networks, LLC EB-10-TC-144 0017665217 2/25/2010 201132170008 Jahan Telecommunication EB-10-TC-194 0020537387 2/26/2010 201132170007 Owtel, Inc. EB-10-TC-248 0016273583 2/26/2010 201132170006 ReadyTalk EB-10-TC-278 0020537395 2/26/2010 201132170005 See 47 C.F.R. § 64.2009(e); 47 U.S.C. § 403. See Appendix I listing the dates that the inquiries were sent to the Companies. See 47 U.S.C § 222. 47 C.F.R. §§ 64.2001-2011. Section 64.2003(o) of the rules defines ``telecommunications carrier'' to include a provider of Voice-over-Internet-Protocol service. See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2011-02, DA 11-159 (rel. January 28, 2011); Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See, e.g., Letter to A2Z Telecom, Inc. from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
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- [Insert title of corporate officer] 6. Certification: I, [Insert 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 in compliance with the requirements (including those mandating the adoption of CPNI procedures, training, recordkeeping, and supervisory review) set forth in section 64.2001 et seq. of the Commission's rules. The company [has/has not] taken actions (i.e., proceedings instituted or petitions
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- SWBT CEI Waiver, 11 FCC Rcd at 7998, ¶ 2; U S West CEI Waiver, 11 FCC Rcd at 1200, ¶ 34. Section 222 of the Act, and the Commission's CPNI rules set forth the obligations of telecommunications carriers for use of customers' proprietary billing and technical information regarding a customer's service. See 47 U.S.C. § 222; 47 C.F.R. §§ 64.2001-2009; US WEST v. FCC, 182 F.3d 1224 (10th Cir. 1999), cert. denied, 530 U.S. 1213 (2000); Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information: Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, As Amended, CC Docket Nos. 96-115 & 96-149 at
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- section 222 of the Communications Act already imposes statutory CPNI requirements. SBC and Qwest CEI Waiver, 16 FCC Rcd at 19261-62, n.36. Section 222 of the Act and the Commission's CPNI rules set forth the obligations of telecommunications carriers for use of customers' proprietary billing and technical information regarding a customer's service. See 47 U.S.C. § 222; 47 C.F.R. §§ 64.2001-2009; US WEST v. FCC, 182 F.3d 1224 (10th Cir. 1999), cert. denied, 530 U.S. 1213 (2000); Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information: Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, As Amended, CC Docket Nos. 96-115 & 96-149, Clarification
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- based on allegations received by the Commission concerning Cbeyond's use of CPNI. On February 1, 2006, the Bureau sent a letter of inquiry (``LOI'') to Cbeyond to determine whether it has received or obtained proprietary information from another carrier and used that information in violation of section 222(b) of the Communications Act of 1934, as amended (``the Act''), and section 64.2001 et seq. of the Commission's rules, which protects the confidentiality of CPNI. The LOI directed Cbeyond, among other things, to ``[p]rovide Cbeyond's 47 C.F.R. § 64.2009(e) compliance certificate for the previous five years.'' On February 6, 2006, Cbeyond responded to the Public Notice, and on February 13, 2006, it responded to the LOI. In its response to the Public Notice,
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- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information Security Outsourcing Solutions, Inc. may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. § 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
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- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information (``CPNI'') Action Research Group may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. § 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
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- as directed by the Division Chief. D. Term of the Plan AT&T will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 10. The Bureau agrees that, in the absence of new material evidence, it will not use the facts developed in this Investigation through the Effective Date of the Consent Decree, or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
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- customer proprietary network information as defined in 47 U.S.C. § 222(h)(1). ``Commission'' means the Federal Communications Commission. ``Effective date'' means the date on which the Commission releases the Adopting Order. ``Investigation'' means the investigation commenced on February 1, 2006 by the Bureau letter of inquiry regarding Cbeyond's compliance with 47 U.S.C. § 222 of the Act and 47 C.F.R. §§ 64.2001-2009 that resulted in the Bureau's issuance of the NAL on April 21, 2006. ``NAL'' means the proceeding commenced on April 21, 2006 by the Bureau Notice of Apparent Liability for Forfeiture against Cbeyond Communications, Inc. for the apparent violation of section 64.2009(e) of the Commission's rules, 47 C.F.R § 64.2009(e). ``Order'' or ``Adopting Order'' means an Order of the Commission
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- 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,
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- appropriate PSAP based on the caller's location. E911 also provides the call taker with the caller's call back number ... and in many cases, location information....'' Id. at 10251 ¶13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to call 911 during emergency situations). See 47 C.F.R. §§ 1.20000 - 1.20008. See id. §§ 64.2001 - 64.2009. See id. §§ 64.601 - 64.608. See id. §§ 6.1 - 6.23 and §§ 7.1 - 7.23. See id. §§ 52.20 - 52.33 See id. § 54.706. See id. § 64.604. See id. § 52.17. See id. § 52.32. See id. § 64.1195. Id. §§ 0.111, 0.311 and 1.80. (continued ...) Federal Communications Commission DA 08-1920 Federal Communications
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- Protocol (IP)-based TRS services include IP Relay and IP Captioned Telephone Service (CTS). See generally 47 U.S.C. § 225; 47 C.F.R. §§ 64.601 et seq. ). We seek comment on the suggestions and conclusions identified in that report. See 47 U.S.C. § 258(a) and 47 C.F.R. § 64.1120 (setting forth ``slamming'' restrictions). See 47 U.S.C. § 222; 47 C.F.R. § 64.2001 et seq. (the CPNI rules). See 47 U.S.C. § 153(30) (defining number portability); 47 C.F.R. § 52.20 et seq. (setting forth LNP requirements). See, e.g., Interoperability FNPRM: Comments of Communication Service for the Deaf, Inc. in CG Docket No. 03-123 at 6-8 (July 17, 2006) (addressing numbering-related slamming and LNP issues); see also Ex Parte of Hands On Video Relay
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- restrictions on carrier use and disclosure of personal customer information. The statutory design expressly recognizes the duty of all carriers to protect customer information and embodies the principle that customers must be able to control information they view as sensitive and personal from use, disclosure, and access by carriers. Legal Basis: 47 U.S.C. 154, 222, 254(k). Section Number and Title: 64.2001 Basis and purpose. 64.2003 Definitions. Brief Description: This rule describes the circumstances under which telecommunications carriers may, and may not, use, disclose or permit access to CPNI without prior customer approval. Need: These rules further Congress' goals of fostering competition in telecommunications markets and ensuring the privacy of customer information. Legal Basis: 47 U.S.C. 154, 201, 218, 222, 254(k). Section
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- S.W., Washington, D.C. 20554. 17. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigations (AT&T Investigation (EB-07-TC-13231), AT&T Investigation (EB-08-TC-1005) and BellSouth Investigation (EB-06-TC-3715)), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 18. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against the AT&T Companies or their affiliates for alleged violations of the Act, or for any other type of
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- 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,
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- 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,
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- of non-compliance. 11. Compliance Review . 12. Term of the Plan Verizon will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 13. The Bureau agrees that, in the absence of new material evidence related to these matters, it will not use the facts developed in these matters through the Effective Date or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
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- Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. 13. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigation (EB-08-TC-4005), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 14. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against GIT for alleged violations of the Act, or for any other type of alleged misconduct, regardless of when
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- at 10272). LOI Response at 5. 47 C.F.R. § 9.5(b); VoIP 911 Order, 20 FCC Rcd at 10266 ¶ 37. VoIP 911 Order, 20 FCC Rcd at 10272 (quoting 911 Act § 3(b), 47 U.S.C. § 615). VoIP 911 Order, 20 FCC Rcd at 10272. Id. at n. 152. See 47 C.F.R. §§ 1.20000 - 1.20008. See 47 C.F.R. §§ 64.2001 - 64.2009. See 47 C.F.R. §§ 64.601 - 64.608. See 47 C.F.R. §§ 6.1 - 6.23 and 7.1 - 7.23. See 47 C.F.R. §§ 52.20 - 52.33 See 47 C.F.R. §§ 4.1 - 4.13. See 47 C.F.R. § 54.706. See 47 C.F.R. § 64.604. See 47 C.F.R. § 52.17. See 47 C.F.R. § 52.32. See 47 C.F.R. § 1.80(b)(3). 47
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- safeguards of confidentiality for any competitively sensitive or proprietary information. 15. Subsequent Rule or Order. The Parties agree that if any provision of this Consent Decree is inconsistent with any subsequent rule or order adopted by the Commission, that provision will be superseded by such Commission rule or order. In the event that the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules (47 C.F.R. §§ 64.2001-2009) are repealed, this Consent Decree shall be terminated when the action repealing the rules becomes final. 16. Successors and Assigns. AT&T agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute
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- Systema Networks, Inc. EB-09-TC-162 0017616053 200932170121 47 C.F.R. § 64.2009(e). Section 222 of the Communications Act, 47 U.S.C § 222, provides that: ``Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.'' 47 C.F.R. § 64.2001-2011. For purposes of the CPNI rules, the term ``telecommunications carrier'' includes an entity that provides interconnected VoIP service. 47 C.F.R. § 64.2003(o). See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91,(rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day of
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- 200932170871 Z-Telephony, LLC EB-08-TC-6086 0015853450 200932170916 47 C.F.R. § 64.2009(e). Section 222 of the Communications Act, 47 U.S.C § 222, provides that: ``Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.'' 47 C.F.R. § 64.2001-2011. For purposes of the CPNI rules, the term ``telecommunications carrier'' includes an entity that provides interconnected VoIP service. 47 C.F.R. § 64.2003(o). See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day
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- [Insert title of corporate officer] 6. Certification: I, [Insert 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 in compliance with the requirements (including those mandating the adoption of CPNI procedures, training, recordkeeping, and supervisory review) set forth in section 64.2001 et seq. of the Commission's rules. The company [has/has not] taken actions (i.e., proceedings instituted or petitions
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- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. § 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
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- EnterConference EB-10-TC-138 0018083949 2/25/2010 201132170009 ESLITE Networks, LLC EB-10-TC-144 0017665217 2/25/2010 201132170008 Jahan Telecommunication EB-10-TC-194 0020537387 2/26/2010 201132170007 Owtel, Inc. EB-10-TC-248 0016273583 2/26/2010 201132170006 ReadyTalk EB-10-TC-278 0020537395 2/26/2010 201132170005 See 47 C.F.R. § 64.2009(e); 47 U.S.C. § 403. See Appendix I listing the dates that the inquiries were sent to the Companies. See 47 U.S.C § 222. 47 C.F.R. §§ 64.2001-2011. Section 64.2003(o) of the rules defines ``telecommunications carrier'' to include a provider of Voice-over-Internet-Protocol service. See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2011-02, DA 11-159 (rel. January 28, 2011); Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See, e.g., Letter to A2Z Telecom, Inc. from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
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- [Insert title of corporate officer] 6. Certification: I, [Insert 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 in compliance with the requirements (including those mandating the adoption of CPNI procedures, training, recordkeeping, and supervisory review) set forth in section 64.2001 et seq. of the Commission's rules. The company [has/has not] taken actions (i.e., proceedings instituted or petitions
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- searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. For further information, contact Lisa Hone, Wireline Competition Bureau, at (202) 418-1500, Melissa Tye, Wireless Telecommunications Bureau, at (202) 418-0600, or Douglas Klein, Office of General Counsel, at (202) 418-1720. -FCC- 47 U.S.C. § 222(a). See 47 U.S.C. § 222(c); see also 47 C.F.R. §§ 64.2001-.2011. See, e.g., Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information, Second Report and Order and Further Notice of Proposed Rulemaking, 13 FCC Rcd 8061 (1998) (1998 CPNI Order); Third Report and Order and Third Further Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002) (2002 CPNI Order); Report and
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- BE EFFECTIVE NO SOONER THAN 30 days following publication of these rules in the Federal Register. The Commission will publish a notice announcing the effective date of this Order. At page 6, at paragraph 12 and note 28, the text ``NCTA'' is changed to ``NTCA''. At page 19, Appendix A, paragraph 1, in both instances, the text that reads ``Section 64.2001'' is changed to ``Section 64.2401''. At page 21, Appendix C, the text of the entire appendix is replaced with the text included in Attachment A. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Attachment A [Page 1 and 2 of SNET Bill] (continued....) Federal Communications Commission DA 00-745 Federal Communications Commission DA 00-745 wúÿÿ @& „0ý „0ý
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- for satellite and cable television providers, respectively, for the treatment of their subscribers' personally identifiable information ("PII").13Specifically, these provisions require clear and conspicuous notice about collection and use of PII, limit disclosure of PII, and require cable and satellite providers to employ reasonable levels of security for their subscribers' PII.14In addition, Sections 338(i) and 631 contain private 947 C.F.R. § 64.2001 64.2011. 10See, e.g., Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information, Third Report and Order and Third Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002). 11See, e.g., NCTA v. FCC, 555 F.3d 996 (D.C. Cir. 2009). 12Privacy and Data Security: Protecting Consumers in the Modern World: Hearing Before
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- information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of (A) the telecommunication service from which such information is derived, or (B) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories.''). 47 C.F.R. §§ 64.2001-2009; US West v. FCC, 182 F.3d 1224 (10th Cir. 1999) (vacating portions of first CPNI order; finding that opt-in rule for customer-specific CPNI violated First Amendment), cert. denied, 530 U.S. 1213 (2000); Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information: Implementation of the Non-Accounting Safeguards of Sections 271 and
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- at paras. 26-32. 47 U.S.C. § 222(c)(1) (emphasis added). The Commission has adopted rules implementing section 222, including rules defining the scope of the phrase ``telecommunications service'' in section 222(c)(1)(A) as well as rules specifying which services are included in the phrase ``services necessary to, or used in the provision of telecommunications service'' in section 222(c)(1)(B). See 47 C.F.R. §§ 64.2001-64.2008; see also Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information, CC Docket No. 96-115, Third Report and Order and Third Further Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002) (CPNI Remand Order). 47 U.S.C. § 222(c)(1). See Computer III Phase II Order, 2 FCC Rcd at 3094-95, paras.
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- we adopt the attached Consent Decree entered into between the Federal Communications Commission (the ``FCC'' or ``Commission'') and AT&T Inc. (``AT&T''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau of the FCC regarding SBC Communications, Inc.'s (``SBC'') compliance with section 222 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. § 222, and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009. The Consent Decree also terminates a Notice of Apparent Liability for Forfeiture (``NAL'') against AT&T for its apparent violation of section 222 of the Act, 47 U.S.C. § 222, and section 64.2009(e) of the Commission's rules, 47 C.F.R. § 64.2009(e). The Commission and AT&T have negotiated the terms of a Consent Decree
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- 406 F.3d 689 (D.C. Cir. 2005) (holding that the Commission lacked authority to impose broadcast content redistribution rules on equipment manufacturers using ancillary jurisdiction because the equipment at issue was not subject to the Commission's subject matter jurisdiction over wire and radio communications). Southwestern Cable, 392 U.S. at 178. . 47 U.S.C. § 222(a), (c)(1); see also 47 C.F.R. § 64.2001 et seq. See Interim USF Order, 21 FCC Rcd at 7542-43, para. 48 (citing Communications Assistance for Law Enforcement Act and Broadband Access and Services, First Report and Order and Further Notice of Proposed Rulemaking, 20 FCC Rcd 14989, 15009-10, para. 42 (2005), aff'd, American Council on Education v. FCC, 451 F.3d 226 (D.C. Cir. 2006)); see also Attorneys General
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- and LNP issues); see also Ex Parte of Hands On Video Relay Services, Inc. in CG Docket No. 03-123 at 2 (Nov. 7, 2007) (asserting that number conservation efforts should not hinder the deployment of a numbering system for Internet-based TRS). See 47 U.S.C. § 258(a); 47 C.F.R. § 64.1120 (slamming restrictions). See 47 U.S.C. § 222; 47 C.F.R. § 64.2001 et seq. (CPNI requirements). See 47 U.S.C. § 153(30) (defining number portability); 47 C.F.R. § 52.20 et seq. (LNP requirements). Numbering PN, 23 FCC Rcd at 4727-28. Ten comments and twelve reply comments were filed by providers and other entities in response to the Numbering PN. More than four hundred individual comments were also filed. Commenters overwhelmingly support Commission adoption
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- Docket 07-244, at 1-2, 4 (filed May 12, 2010). We note that other commenters support the Commission's position. See Qwest Reply at 4-9; Insight Reply at 4. See 47 U.S.C. § 222(a) (``Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers . . . and customers.''); 47 C.F.R. §§ 64.2001 et seq. See id. 47 U.S.C. § 222(a); 47 U.S.C. § 222(b) (``A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts.''); see also Implementation of the Telecommunications Act of 1996; Telecommunications
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- particular party''). See 47 C.F.R. § 0.459. See generally 47 C.F.R. §§ 1.1208 (rules applicable to restricted proceedings), 1.1212 (procedures for handling prohibited ex parte presentations). MAP Comments at 2. See 47 U.S.C. § 208; 47 C.F.R. §§ 1.720 et seq. See 47 U.S.C. § 224; 47 C.F.R. §§ 1.1401 et seq. See 47 U.S.C. § 222; 47 C.F.R. §§ 64.2001 et seq. See 47 C.F.R. §§ 76.7 et seq. See id. §§ 1.4000 et seq. See id. § 54.314. We note that other bureaus and offices may wish to complete independent proceedings to transition matters within their jurisdiction into the formal docketing process, and direct CGB to take particular care to consult with the bureaus and offices in this regard.
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- carriers, requires that "[c]harges contained on telephone bills must be accompanied by a brief, clear, non-misleading, plain language description of the service or services rendered." The principle is, of course, virtually indistinguishable from the rule; it is hard to see how the obligations could differ. But, wireless carriers are expressly exempted from the rule. See id. at Appendix A ("[R]ule 64.2001(b) . . . shall not apply to providers of Commercial Mobile Radio Service."). Is that some indication these obligations should not, under any circumstances, apply to wireless providers? These conflicting statements make it unclear whether the bills of wireless providers must contain full and non-misleading descriptions, or not. While full and non-misleading description are not required of wireless providers under
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- (1996) (conference report indicating that purpose of 1996 Act is "to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services by opening all telecommunications markets to competition . . .") (emphases added). 10 Order at ¶ 16. 11 See cf. Order, Appendix A, 47 C.F.R. § 64.2001(a)(2) (limiting requirement of clear and conspicuous notification of new service providers to situations "where charges for two or more carriers appear on the same telephone bill"). 12 Order, Appendix A, 47 C.F.R. § 64.2000(b). The Order also declines to impose the requirements pertaining to changes in service providers, as well as to "deniable" and "non-deniable" charges, on CMRS carriers. Id.
- http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.html http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.txt http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.wp
- carriers, requires that "[c]harges contained on telephone bills must be accompanied by a brief, clear, non-misleading, plain language description of the service or services rendered." The principle is, of course, virtually indistinguishable from the rule; it is hard to see how the obligations could differ. But, wireless carriers are expressly exempted from the rule. See id. at Appendix A ("[R]ule 64.2001(b) . . . shall not apply to providers of Commercial Mobile Radio Service."). Is that some indication these obligations should not, under any circumstances, apply to wireless providers? These conflicting statements make it unclear whether the bills of wireless providers must contain full and non-misleading descriptions, or not. While full and non-misleading description are not required of wireless providers under
- http://transition.fcc.gov/Speeches/Powell/Statements/stmkp914.html http://transition.fcc.gov/Speeches/Powell/Statements/stmkp914.txt http://transition.fcc.gov/Speeches/Powell/Statements/stmkp914.wp
- Sess. 1 (1996) (conference report indicating that purpose of 1996 Act is "to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services by opening all telecommunications markets to competition . . .") (emphases added). 10. Order at 16. 11. See cf. Order, Appendix A, 47 C.F.R. 64.2001(a)(2) (limiting requirement of clear and conspicuous notification of new service providers to situations "where charges for two or more carriers appear on the same telephone bill"). 12. Order, Appendix A, 47 C.F.R. 64.2000(b). The Order also declines to impose the requirements pertaining to changes in service providers, as well as to "deniable" and "non-deniable" charges, on CMRS carriers. Id. These
- http://transition.fcc.gov/eb/Orders/2006/DA-06-916A1.html
- based on allegations received by the Commission concerning Cbeyond's use of CPNI. On February 1, 2006, the Bureau sent a letter of inquiry ("LOI") to Cbeyond to determine whether it has received or obtained proprietary information from another carrier and used that information in violation of section 222(b) of the Communications Act of 1934, as amended ("the Act"), and section 64.2001 et seq. of the Commission's rules, which protects the confidentiality of CPNI. The LOI directed Cbeyond, among other things, to "[p]rovide Cbeyond's 47 C.F.R. S 64.2009(e) compliance certificate for the previous five years." 4. On February 6, 2006, Cbeyond responded to the Public Notice, and on February 13, 2006, it responded to the LOI. In its response to the Public
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-100A1.html
- we adopt the attached Consent Decree entered into between the Federal Communications Commission (the "FCC" or "Commission") and AT&T Inc. ("AT&T"). The Consent Decree terminates an investigation initiated by the Enforcement Bureau of the FCC regarding SBC Communications, Inc.'s ("SBC") compliance with section 222 of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. S 222, and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. SS 64.2001-2009. The Consent Decree also terminates a Notice of Apparent Liability for Forfeiture ("NAL") against AT&T for its apparent violation of section 222 of the Act, 47 U.S.C. S 222, and section 64.2009(e) of the Commission's rules, 47 C.F.R. S 64.2009(e). 2. The Commission and AT&T have negotiated the terms of a Consent
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1919A1.html
- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information Security Outsourcing Solutions, Inc. may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1920A1.html
- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information ("CPNI") Action Research Group may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3812A1.html
- as directed by the Division Chief. D. Term of the Plan AT&T will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 10. The Bureau agrees that, in the absence of new material evidence, it will not use the facts developed in this Investigation through the Effective Date of the Consent Decree, or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
- http://transition.fcc.gov/eb/Orders/2007/DA-07-4090A1.html
- information as defined in 47 U.S.C. S: 222(h)(1). e. "Commission" means the Federal Communications Commission. f. "Effective date" means the date on which the Commission releases the Adopting Order. g. "Investigation" means the investigation commenced on February 1, 2006 by the Bureau letter of inquiry regarding Cbeyond's compliance with 47 U.S.C. S: 222 of the Act and 47 C.F.R. S:S: 64.2001-2009 that resulted in the Bureau's issuance of the NAL on April 21, 2006. h. "NAL" means the proceeding commenced on April 21, 2006 by the Bureau Notice of Apparent Liability for Forfeiture against Cbeyond Communications, Inc. for the apparent violation of section 64.2009(e) of the Commission's rules, 47 C.F.R S: 64.2009(e). i. "Order" or "Adopting Order" means an Order of
- http://transition.fcc.gov/eb/Orders/2008/DA-08-1920A1.html
- appropriate PSAP based on the caller's location. E911 also provides the call taker with the caller's call back number ... and in many cases, location information...." Id. at 10251 P:13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to call 911 during emergency situations). See 47 C.F.R. S:S: 1.20000 - 1.20008. See id. S:S: 64.2001 - 64.2009. See id. S:S: 64.601 - 64.608. See id. S:S: 6.1 - 6.23 and S:S: 7.1 - 7.23. See id. S:S: 52.20 - 52.33 See id. S: 54.706. See id. S: 64.604. See id. S: 52.17. See id. S: 52.32. See id. S: 64.1195. Id. S:S: 0.111, 0.311 and 1.80. (Continued from previous page) (continued ...) Federal Communications Commission
- http://transition.fcc.gov/eb/Orders/2009/DA-09-16A1.html
- S.W., Washington, D.C. 20554. 17. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigations (AT&T Investigation (EB-07-TC-13231), AT&T Investigation (EB-08-TC-1005) and BellSouth Investigation (EB-06-TC-3715)), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 18. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against the AT&T Companies or their affiliates for alleged violations of the Act, or for any other type of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1118A1.html
- Schroeder, Acting Division Chief, at Kurt.Schroeder@fcc.gov. 12. Term of the Plan Verizon will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 13. The Bureau agrees that, in the absence of new material evidence related to these matters, it will not use the facts developed in these matters through the Effective Date or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1250A1.html
- Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. 13. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigation (EB-08-TC-4005), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 14. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against GIT for alleged violations of the Act, or for any other type of alleged misconduct, regardless of when
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2224A1.html
- safeguards of confidentiality for any competitively sensitive or proprietary information. 15. Subsequent Rule or Order. The Parties agree that if any provision of this Consent Decree is inconsistent with any subsequent rule or order adopted by the Commission, that provision will be superseded by such Commission rule or order. In the event that the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules (47 C.F.R. S:S: 64.2001-2009) are repealed, this Consent Decree shall be terminated when the action repealing the rules becomes final. 16. Successors and Assigns. AT&T agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute
- http://transition.fcc.gov/eb/Orders/2010/DA-10-292A1.html
- Systema Networks, Inc. EB-09-TC-162 0017616053 200932170121 47 C.F.R. S: 64.2009(e). Section 222 of the Communications Act, 47 U.S.C S: 222, provides that: "Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier." 47 C.F.R. S: 64.2001-2011. For purposes of the CPNI rules, the term "telecommunications carrier" includes an entity that provides interconnected VoIP service. 47 C.F.R. S: 64.2003(o). See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91,(rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-293A1.html
- 200932170871 Z-Telephony, LLC EB-08-TC-6086 0015853450 200932170916 47 C.F.R. S: 64.2009(e). Section 222 of the Communications Act, 47 U.S.C S: 222, provides that: "Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier." 47 C.F.R. S: 64.2001-2011. For purposes of the CPNI rules, the term "telecommunications carrier" includes an entity that provides interconnected VoIP service. 47 C.F.R. S: 64.2003(o). See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day
- http://transition.fcc.gov/eb/Orders/2011/DA-11-371A1.html
- EnterConference EB-10-TC-138 0018083949 2/25/2010 201132170009 ESLITE Networks, LLC EB-10-TC-144 0017665217 2/25/2010 201132170008 Jahan Telecommunication EB-10-TC-194 0020537387 2/26/2010 201132170007 Owtel, Inc. EB-10-TC-248 0016273583 2/26/2010 201132170006 ReadyTalk EB-10-TC-278 0020537395 2/26/2010 201132170005 See 47 C.F.R. S: 64.2009(e); 47 U.S.C. S: 403. See Appendix I listing the dates that the inquiries were sent to the Companies. See 47 U.S.C S: 222. 47 C.F.R. S:S: 64.2001-2011. Section 64.2003(o) of the rules defines "telecommunications carrier" to include a provider of Voice-over-Internet-Protocol service. See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2011-02, DA 11-159 (rel. January 28, 2011); Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See, e.g., Letter to A2Z Telecom, Inc. from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
- http://transition.fcc.gov/eb/Public_Notices/DA-08-171A1.html
- 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. S: 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,
- http://transition.fcc.gov/eb/Public_Notices/DA-09-240A1.html
- 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. S: 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,
- http://transition.fcc.gov/eb/Public_Notices/DA-09-9A1.html
- 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. S: 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,
- http://transition.fcc.gov/eb/Public_Notices/DA-10-91A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://transition.fcc.gov/eb/Public_Notices/DA-11-159A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://transition.fcc.gov/eb/Public_Notices/DA-12-170A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99072.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99072.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99072.wp
- (1996) (conference report indicating that purpose of 1996 Act is "to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services by opening all telecommunications markets to competition . . .") (emphases added). 10 Order at ¶ 16. 11 See cf. Order, Appendix A, 47 C.F.R. § 64.2001(a)(2) (limiting requirement of clear and conspicuous notification of new service providers to situations "where charges for two or more carriers appear on the same telephone bill"). 12 Order, Appendix A, 47 C.F.R. § 64.2000(b). The Order also declines to impose the requirements pertaining to changes in service providers, as well as to "deniable" and "non-deniable" charges, on CMRS carriers. Id.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000745.doc
- BE EFFECTIVE NO SOONER THAN 30 days following publication of these rules in the Federal Register. The Commission will publish a notice announcing the effective date of this Order. At page 6, at paragraph 12 and note 28, the text ``NCTA'' is changed to ``NTCA''. At page 19, Appendix A, paragraph 1, in both instances, the text that reads ``Section 64.2001'' is changed to ``Section 64.2401''. At page 21, Appendix C, the text of the entire appendix is replaced with the text included in Attachment A. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Attachment A [Page 1 and 2 of SNET Bill] (continued....) Federal Communications Commission DA 00-745 Federal Communications Commission DA 00-745 wúÿÿ @& „0ý „0ý
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00111.doc
- notice announcing the effective date of this Order. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Order on Reconsideration, including the Supplemental Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A Rule Amendments Section 64.2001 of Title 47 of the Code of Federal Regulations is amended as follows: Subpart U-Truth-in-Billing Requirements for Common Carriers 64.2001 Truth-in-Billing Requirements (a) Bill organization. Telephone bills shall be clearly organized, and must comply with the following requirements: the name of the service provider associated with each charge must be clearly and conspicuously identified on the telephone bill. where charges
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990930.html
- items, this marking is unofficial and informational only. ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: September 30, 1999. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG.September 29, 1999. Internet URL: [1]http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/com bined/tt092999.pdf Released: September 30, 1999. ENFORCEMENT DIVISION OF THE COMMON CARRIER BUREAU ANNOUNCES EFFECTIVE DATE OF TRUTH-IN-BILLING REQUIREMENTS IN CC DOCKET 98-170.April 1, 2000 is the effective date for compliance with rule 64.2001(a)(1)'s requirement that carriers highlight new service providers, and rule 64.2001(c), which requires that carriers identify deniable and nondeniable charges. Common Carrier Bureau Enforcement Division Number: (202) 418-0960. (DA No. 99-2030). Internet URL: [2]http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1999/da9920 30.wp Report No: 44582. Released: September 30, 1999. BROADCAST ACTIONS. Internet URL: [3]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ ac990930.txt Report No: 24582. Released: September 30, 1999. BROADCAST APPLICATIONS. Internet URL: [4]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applicat ions/ap990930.txt
- http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.html http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.txt http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.wp
- carriers, requires that "[c]harges contained on telephone bills must be accompanied by a brief, clear, non-misleading, plain language description of the service or services rendered." The principle is, of course, virtually indistinguishable from the rule; it is hard to see how the obligations could differ. But, wireless carriers are expressly exempted from the rule. See id. at Appendix A ("[R]ule 64.2001(b) . . . shall not apply to providers of Commercial Mobile Radio Service."). Is that some indication these obligations should not, under any circumstances, apply to wireless providers? These conflicting statements make it unclear whether the bills of wireless providers must contain full and non-misleading descriptions, or not. While full and non-misleading description are not required of wireless providers under
- http://www.fcc.gov/Speeches/Powell/Statements/stmkp914.html http://www.fcc.gov/Speeches/Powell/Statements/stmkp914.txt http://www.fcc.gov/Speeches/Powell/Statements/stmkp914.wp
- Sess. 1 (1996) (conference report indicating that purpose of 1996 Act is "to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services by opening all telecommunications markets to competition . . .") (emphases added). 10. Order at 16. 11. See cf. Order, Appendix A, 47 C.F.R. 64.2001(a)(2) (limiting requirement of clear and conspicuous notification of new service providers to situations "where charges for two or more carriers appear on the same telephone bill"). 12. Order, Appendix A, 47 C.F.R. 64.2000(b). The Order also declines to impose the requirements pertaining to changes in service providers, as well as to "deniable" and "non-deniable" charges, on CMRS carriers. Id. These
- http://www.fcc.gov/eb/Orders/2006/DA-06-916A1.html
- based on allegations received by the Commission concerning Cbeyond's use of CPNI. On February 1, 2006, the Bureau sent a letter of inquiry ("LOI") to Cbeyond to determine whether it has received or obtained proprietary information from another carrier and used that information in violation of section 222(b) of the Communications Act of 1934, as amended ("the Act"), and section 64.2001 et seq. of the Commission's rules, which protects the confidentiality of CPNI. The LOI directed Cbeyond, among other things, to "[p]rovide Cbeyond's 47 C.F.R. S 64.2009(e) compliance certificate for the previous five years." 4. On February 6, 2006, Cbeyond responded to the Public Notice, and on February 13, 2006, it responded to the LOI. In its response to the Public
- http://www.fcc.gov/eb/Orders/2006/FCC-06-100A1.html
- we adopt the attached Consent Decree entered into between the Federal Communications Commission (the "FCC" or "Commission") and AT&T Inc. ("AT&T"). The Consent Decree terminates an investigation initiated by the Enforcement Bureau of the FCC regarding SBC Communications, Inc.'s ("SBC") compliance with section 222 of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. S 222, and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. SS 64.2001-2009. The Consent Decree also terminates a Notice of Apparent Liability for Forfeiture ("NAL") against AT&T for its apparent violation of section 222 of the Act, 47 U.S.C. S 222, and section 64.2009(e) of the Commission's rules, 47 C.F.R. S 64.2009(e). 2. The Commission and AT&T have negotiated the terms of a Consent
- http://www.fcc.gov/eb/Orders/2007/DA-07-1919A1.html
- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information Security Outsourcing Solutions, Inc. may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
- http://www.fcc.gov/eb/Orders/2007/DA-07-1920A1.html
- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information ("CPNI") Action Research Group may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
- http://www.fcc.gov/eb/Orders/2007/DA-07-3812A1.html
- as directed by the Division Chief. D. Term of the Plan AT&T will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 10. The Bureau agrees that, in the absence of new material evidence, it will not use the facts developed in this Investigation through the Effective Date of the Consent Decree, or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
- http://www.fcc.gov/eb/Orders/2007/DA-07-4090A1.html
- information as defined in 47 U.S.C. S: 222(h)(1). e. "Commission" means the Federal Communications Commission. f. "Effective date" means the date on which the Commission releases the Adopting Order. g. "Investigation" means the investigation commenced on February 1, 2006 by the Bureau letter of inquiry regarding Cbeyond's compliance with 47 U.S.C. S: 222 of the Act and 47 C.F.R. S:S: 64.2001-2009 that resulted in the Bureau's issuance of the NAL on April 21, 2006. h. "NAL" means the proceeding commenced on April 21, 2006 by the Bureau Notice of Apparent Liability for Forfeiture against Cbeyond Communications, Inc. for the apparent violation of section 64.2009(e) of the Commission's rules, 47 C.F.R S: 64.2009(e). i. "Order" or "Adopting Order" means an Order of
- http://www.fcc.gov/eb/Orders/2008/DA-08-1920A1.html
- appropriate PSAP based on the caller's location. E911 also provides the call taker with the caller's call back number ... and in many cases, location information...." Id. at 10251 P:13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to call 911 during emergency situations). See 47 C.F.R. S:S: 1.20000 - 1.20008. See id. S:S: 64.2001 - 64.2009. See id. S:S: 64.601 - 64.608. See id. S:S: 6.1 - 6.23 and S:S: 7.1 - 7.23. See id. S:S: 52.20 - 52.33 See id. S: 54.706. See id. S: 64.604. See id. S: 52.17. See id. S: 52.32. See id. S: 64.1195. Id. S:S: 0.111, 0.311 and 1.80. (Continued from previous page) (continued ...) Federal Communications Commission
- http://www.fcc.gov/eb/Orders/2009/DA-09-16A1.html
- S.W., Washington, D.C. 20554. 17. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigations (AT&T Investigation (EB-07-TC-13231), AT&T Investigation (EB-08-TC-1005) and BellSouth Investigation (EB-06-TC-3715)), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 18. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against the AT&T Companies or their affiliates for alleged violations of the Act, or for any other type of
- http://www.fcc.gov/eb/Orders/2010/DA-10-1118A1.html
- Schroeder, Acting Division Chief, at Kurt.Schroeder@fcc.gov. 12. Term of the Plan Verizon will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 13. The Bureau agrees that, in the absence of new material evidence related to these matters, it will not use the facts developed in these matters through the Effective Date or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
- http://www.fcc.gov/eb/Orders/2010/DA-10-1250A1.html
- Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. 13. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigation (EB-08-TC-4005), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 14. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against GIT for alleged violations of the Act, or for any other type of alleged misconduct, regardless of when
- http://www.fcc.gov/eb/Orders/2010/DA-10-2224A1.html
- safeguards of confidentiality for any competitively sensitive or proprietary information. 15. Subsequent Rule or Order. The Parties agree that if any provision of this Consent Decree is inconsistent with any subsequent rule or order adopted by the Commission, that provision will be superseded by such Commission rule or order. In the event that the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules (47 C.F.R. S:S: 64.2001-2009) are repealed, this Consent Decree shall be terminated when the action repealing the rules becomes final. 16. Successors and Assigns. AT&T agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute
- http://www.fcc.gov/eb/Orders/2010/DA-10-292A1.html
- Systema Networks, Inc. EB-09-TC-162 0017616053 200932170121 47 C.F.R. S: 64.2009(e). Section 222 of the Communications Act, 47 U.S.C S: 222, provides that: "Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier." 47 C.F.R. S: 64.2001-2011. For purposes of the CPNI rules, the term "telecommunications carrier" includes an entity that provides interconnected VoIP service. 47 C.F.R. S: 64.2003(o). See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91,(rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day of
- http://www.fcc.gov/eb/Orders/2010/DA-10-293A1.html
- 200932170871 Z-Telephony, LLC EB-08-TC-6086 0015853450 200932170916 47 C.F.R. S: 64.2009(e). Section 222 of the Communications Act, 47 U.S.C S: 222, provides that: "Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier." 47 C.F.R. S: 64.2001-2011. For purposes of the CPNI rules, the term "telecommunications carrier" includes an entity that provides interconnected VoIP service. 47 C.F.R. S: 64.2003(o). See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day
- http://www.fcc.gov/eb/Orders/2011/DA-11-371A1.html
- EnterConference EB-10-TC-138 0018083949 2/25/2010 201132170009 ESLITE Networks, LLC EB-10-TC-144 0017665217 2/25/2010 201132170008 Jahan Telecommunication EB-10-TC-194 0020537387 2/26/2010 201132170007 Owtel, Inc. EB-10-TC-248 0016273583 2/26/2010 201132170006 ReadyTalk EB-10-TC-278 0020537395 2/26/2010 201132170005 See 47 C.F.R. S: 64.2009(e); 47 U.S.C. S: 403. See Appendix I listing the dates that the inquiries were sent to the Companies. See 47 U.S.C S: 222. 47 C.F.R. S:S: 64.2001-2011. Section 64.2003(o) of the rules defines "telecommunications carrier" to include a provider of Voice-over-Internet-Protocol service. See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2011-02, DA 11-159 (rel. January 28, 2011); Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See, e.g., Letter to A2Z Telecom, Inc. from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
- http://www.fcc.gov/eb/Public_Notices/DA-08-171A1.html
- 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. S: 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,
- http://www.fcc.gov/eb/Public_Notices/DA-09-240A1.html
- 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. S: 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,
- http://www.fcc.gov/eb/Public_Notices/DA-09-9A1.html
- 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. S: 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,
- http://www.fcc.gov/eb/Public_Notices/DA-10-91A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://www.fcc.gov/eb/Public_Notices/DA-11-159A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://www.fcc.gov/eb/Public_Notices/DA-12-170A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1919A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1919A1.pdf
- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information Security Outsourcing Solutions, Inc. may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. § 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1920A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1920A1.pdf
- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information (``CPNI'') Action Research Group may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. § 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3812A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3812A1.pdf
- as directed by the Division Chief. D. Term of the Plan AT&T will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 10. The Bureau agrees that, in the absence of new material evidence, it will not use the facts developed in this Investigation through the Effective Date of the Consent Decree, or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4090A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4090A1.pdf
- customer proprietary network information as defined in 47 U.S.C. § 222(h)(1). ``Commission'' means the Federal Communications Commission. ``Effective date'' means the date on which the Commission releases the Adopting Order. ``Investigation'' means the investigation commenced on February 1, 2006 by the Bureau letter of inquiry regarding Cbeyond's compliance with 47 U.S.C. § 222 of the Act and 47 C.F.R. §§ 64.2001-2009 that resulted in the Bureau's issuance of the NAL on April 21, 2006. ``NAL'' means the proceeding commenced on April 21, 2006 by the Bureau Notice of Apparent Liability for Forfeiture against Cbeyond Communications, Inc. for the apparent violation of section 64.2009(e) of the Commission's rules, 47 C.F.R § 64.2009(e). ``Order'' or ``Adopting Order'' means an Order of the Commission
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-171A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-171A1.pdf
- 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,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.pdf
- appropriate PSAP based on the caller's location. E911 also provides the call taker with the caller's call back number ... and in many cases, location information....'' Id. at 10251 ¶13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to call 911 during emergency situations). See 47 C.F.R. §§ 1.20000 - 1.20008. See id. §§ 64.2001 - 64.2009. See id. §§ 64.601 - 64.608. See id. §§ 6.1 - 6.23 and §§ 7.1 - 7.23. See id. §§ 52.20 - 52.33 See id. § 54.706. See id. § 64.604. See id. § 52.17. See id. § 52.32. See id. § 64.1195. Id. §§ 0.111, 0.311 and 1.80. (continued ...) Federal Communications Commission DA 08-1920 Federal Communications
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-607A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-607A1.pdf
- Protocol (IP)-based TRS services include IP Relay and IP Captioned Telephone Service (CTS). See generally 47 U.S.C. § 225; 47 C.F.R. §§ 64.601 et seq. ). We seek comment on the suggestions and conclusions identified in that report. See 47 U.S.C. § 258(a) and 47 C.F.R. § 64.1120 (setting forth ``slamming'' restrictions). See 47 U.S.C. § 222; 47 C.F.R. § 64.2001 et seq. (the CPNI rules). See 47 U.S.C. § 153(30) (defining number portability); 47 C.F.R. § 52.20 et seq. (setting forth LNP requirements). See, e.g., Interoperability FNPRM: Comments of Communication Service for the Deaf, Inc. in CG Docket No. 03-123 at 6-8 (July 17, 2006) (addressing numbering-related slamming and LNP issues); see also Ex Parte of Hands On Video Relay
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-16A1.pdf
- S.W., Washington, D.C. 20554. 17. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigations (AT&T Investigation (EB-07-TC-13231), AT&T Investigation (EB-08-TC-1005) and BellSouth Investigation (EB-06-TC-3715)), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 18. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against the AT&T Companies or their affiliates for alleged violations of the Act, or for any other type of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-240A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-240A1.pdf
- 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,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-9A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-9A1.pdf
- 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,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1118A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1118A1.pdf
- of non-compliance. 11. Compliance Review . 12. Term of the Plan Verizon will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 13. The Bureau agrees that, in the absence of new material evidence related to these matters, it will not use the facts developed in these matters through the Effective Date or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1250A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1250A1.pdf
- Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. 13. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigation (EB-08-TC-4005), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 14. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against GIT for alleged violations of the Act, or for any other type of alleged misconduct, regardless of when
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2224A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2224A1.pdf
- safeguards of confidentiality for any competitively sensitive or proprietary information. 15. Subsequent Rule or Order. The Parties agree that if any provision of this Consent Decree is inconsistent with any subsequent rule or order adopted by the Commission, that provision will be superseded by such Commission rule or order. In the event that the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules (47 C.F.R. §§ 64.2001-2009) are repealed, this Consent Decree shall be terminated when the action repealing the rules becomes final. 16. Successors and Assigns. AT&T agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-292A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-292A1.pdf
- Systema Networks, Inc. EB-09-TC-162 0017616053 200932170121 47 C.F.R. § 64.2009(e). Section 222 of the Communications Act, 47 U.S.C § 222, provides that: ``Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.'' 47 C.F.R. § 64.2001-2011. For purposes of the CPNI rules, the term ``telecommunications carrier'' includes an entity that provides interconnected VoIP service. 47 C.F.R. § 64.2003(o). See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91,(rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-293A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-293A1.pdf
- 200932170871 Z-Telephony, LLC EB-08-TC-6086 0015853450 200932170916 47 C.F.R. § 64.2009(e). Section 222 of the Communications Act, 47 U.S.C § 222, provides that: ``Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.'' 47 C.F.R. § 64.2001-2011. For purposes of the CPNI rules, the term ``telecommunications carrier'' includes an entity that provides interconnected VoIP service. 47 C.F.R. § 64.2003(o). See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-91A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-91A1.pdf
- [Insert title of corporate officer] 6. Certification: I, [Insert 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 in compliance with the requirements (including those mandating the adoption of CPNI procedures, training, recordkeeping, and supervisory review) set forth in section 64.2001 et seq. of the Commission's rules. The company [has/has not] taken actions (i.e., proceedings instituted or petitions
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-159A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-159A1.pdf
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. § 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-371A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-371A1.pdf
- EnterConference EB-10-TC-138 0018083949 2/25/2010 201132170009 ESLITE Networks, LLC EB-10-TC-144 0017665217 2/25/2010 201132170008 Jahan Telecommunication EB-10-TC-194 0020537387 2/26/2010 201132170007 Owtel, Inc. EB-10-TC-248 0016273583 2/26/2010 201132170006 ReadyTalk EB-10-TC-278 0020537395 2/26/2010 201132170005 See 47 C.F.R. § 64.2009(e); 47 U.S.C. § 403. See Appendix I listing the dates that the inquiries were sent to the Companies. See 47 U.S.C § 222. 47 C.F.R. §§ 64.2001-2011. Section 64.2003(o) of the rules defines ``telecommunications carrier'' to include a provider of Voice-over-Internet-Protocol service. See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2011-02, DA 11-159 (rel. January 28, 2011); Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See, e.g., Letter to A2Z Telecom, Inc. from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-170A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-170A1.pdf
- [Insert title of corporate officer] 6. Certification: I, [Insert 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 in compliance with the requirements (including those mandating the adoption of CPNI procedures, training, recordkeeping, and supervisory review) set forth in section 64.2001 et seq. of the Commission's rules. The company [has/has not] taken actions (i.e., proceedings instituted or petitions
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2516A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2516A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2516A1.txt
- SWBT CEI Waiver, 11 FCC Rcd at 7998, ¶ 2; U S West CEI Waiver, 11 FCC Rcd at 1200, ¶ 34. Section 222 of the Act, and the Commission's CPNI rules set forth the obligations of telecommunications carriers for use of customers' proprietary billing and technical information regarding a customer's service. See 47 U.S.C. § 222; 47 C.F.R. §§ 64.2001-2009; US WEST v. FCC, 182 F.3d 1224 (10th Cir. 1999), cert. denied, 530 U.S. 1213 (2000); Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information: Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, As Amended, CC Docket Nos. 96-115 & 96-149 at
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1747A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1747A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1747A1.txt
- section 222 of the Communications Act already imposes statutory CPNI requirements. SBC and Qwest CEI Waiver, 16 FCC Rcd at 19261-62, n.36. Section 222 of the Act and the Commission's CPNI rules set forth the obligations of telecommunications carriers for use of customers' proprietary billing and technical information regarding a customer's service. See 47 U.S.C. § 222; 47 C.F.R. §§ 64.2001-2009; US WEST v. FCC, 182 F.3d 1224 (10th Cir. 1999), cert. denied, 530 U.S. 1213 (2000); Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information: Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, As Amended, CC Docket Nos. 96-115 & 96-149, Clarification
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- based on allegations received by the Commission concerning Cbeyond's use of CPNI. On February 1, 2006, the Bureau sent a letter of inquiry (``LOI'') to Cbeyond to determine whether it has received or obtained proprietary information from another carrier and used that information in violation of section 222(b) of the Communications Act of 1934, as amended (``the Act''), and section 64.2001 et seq. of the Commission's rules, which protects the confidentiality of CPNI. The LOI directed Cbeyond, among other things, to ``[p]rovide Cbeyond's 47 C.F.R. § 64.2009(e) compliance certificate for the previous five years.'' On February 6, 2006, Cbeyond responded to the Public Notice, and on February 13, 2006, it responded to the LOI. In its response to the Public Notice,
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- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information Security Outsourcing Solutions, Inc. may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. § 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
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- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information (``CPNI'') Action Research Group may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. § 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
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- as directed by the Division Chief. D. Term of the Plan AT&T will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 10. The Bureau agrees that, in the absence of new material evidence, it will not use the facts developed in this Investigation through the Effective Date of the Consent Decree, or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
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- customer proprietary network information as defined in 47 U.S.C. § 222(h)(1). ``Commission'' means the Federal Communications Commission. ``Effective date'' means the date on which the Commission releases the Adopting Order. ``Investigation'' means the investigation commenced on February 1, 2006 by the Bureau letter of inquiry regarding Cbeyond's compliance with 47 U.S.C. § 222 of the Act and 47 C.F.R. §§ 64.2001-2009 that resulted in the Bureau's issuance of the NAL on April 21, 2006. ``NAL'' means the proceeding commenced on April 21, 2006 by the Bureau Notice of Apparent Liability for Forfeiture against Cbeyond Communications, Inc. for the apparent violation of section 64.2009(e) of the Commission's rules, 47 C.F.R § 64.2009(e). ``Order'' or ``Adopting Order'' means an Order of the Commission
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- 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,
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- appropriate PSAP based on the caller's location. E911 also provides the call taker with the caller's call back number ... and in many cases, location information....'' Id. at 10251 ¶13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to call 911 during emergency situations). See 47 C.F.R. §§ 1.20000 - 1.20008. See id. §§ 64.2001 - 64.2009. See id. §§ 64.601 - 64.608. See id. §§ 6.1 - 6.23 and §§ 7.1 - 7.23. See id. §§ 52.20 - 52.33 See id. § 54.706. See id. § 64.604. See id. § 52.17. See id. § 52.32. See id. § 64.1195. Id. §§ 0.111, 0.311 and 1.80. (continued ...) Federal Communications Commission DA 08-1920 Federal Communications
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- Protocol (IP)-based TRS services include IP Relay and IP Captioned Telephone Service (CTS). See generally 47 U.S.C. § 225; 47 C.F.R. §§ 64.601 et seq. ). We seek comment on the suggestions and conclusions identified in that report. See 47 U.S.C. § 258(a) and 47 C.F.R. § 64.1120 (setting forth ``slamming'' restrictions). See 47 U.S.C. § 222; 47 C.F.R. § 64.2001 et seq. (the CPNI rules). See 47 U.S.C. § 153(30) (defining number portability); 47 C.F.R. § 52.20 et seq. (setting forth LNP requirements). See, e.g., Interoperability FNPRM: Comments of Communication Service for the Deaf, Inc. in CG Docket No. 03-123 at 6-8 (July 17, 2006) (addressing numbering-related slamming and LNP issues); see also Ex Parte of Hands On Video Relay
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- restrictions on carrier use and disclosure of personal customer information. The statutory design expressly recognizes the duty of all carriers to protect customer information and embodies the principle that customers must be able to control information they view as sensitive and personal from use, disclosure, and access by carriers. Legal Basis: 47 U.S.C. 154, 222, 254(k). Section Number and Title: 64.2001 Basis and purpose. 64.2003 Definitions. Brief Description: This rule describes the circumstances under which telecommunications carriers may, and may not, use, disclose or permit access to CPNI without prior customer approval. Need: These rules further Congress' goals of fostering competition in telecommunications markets and ensuring the privacy of customer information. Legal Basis: 47 U.S.C. 154, 201, 218, 222, 254(k). Section
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- S.W., Washington, D.C. 20554. 17. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigations (AT&T Investigation (EB-07-TC-13231), AT&T Investigation (EB-08-TC-1005) and BellSouth Investigation (EB-06-TC-3715)), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 18. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against the AT&T Companies or their affiliates for alleged violations of the Act, or for any other type of
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- 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,
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- 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,
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- of non-compliance. 11. Compliance Review . 12. Term of the Plan Verizon will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 13. The Bureau agrees that, in the absence of new material evidence related to these matters, it will not use the facts developed in these matters through the Effective Date or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
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- Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. 13. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigation (EB-08-TC-4005), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009, whichever is earlier. 14. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against GIT for alleged violations of the Act, or for any other type of alleged misconduct, regardless of when
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- at 10272). LOI Response at 5. 47 C.F.R. § 9.5(b); VoIP 911 Order, 20 FCC Rcd at 10266 ¶ 37. VoIP 911 Order, 20 FCC Rcd at 10272 (quoting 911 Act § 3(b), 47 U.S.C. § 615). VoIP 911 Order, 20 FCC Rcd at 10272. Id. at n. 152. See 47 C.F.R. §§ 1.20000 - 1.20008. See 47 C.F.R. §§ 64.2001 - 64.2009. See 47 C.F.R. §§ 64.601 - 64.608. See 47 C.F.R. §§ 6.1 - 6.23 and 7.1 - 7.23. See 47 C.F.R. §§ 52.20 - 52.33 See 47 C.F.R. §§ 4.1 - 4.13. See 47 C.F.R. § 54.706. See 47 C.F.R. § 64.604. See 47 C.F.R. § 52.17. See 47 C.F.R. § 52.32. See 47 C.F.R. § 1.80(b)(3). 47
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- safeguards of confidentiality for any competitively sensitive or proprietary information. 15. Subsequent Rule or Order. The Parties agree that if any provision of this Consent Decree is inconsistent with any subsequent rule or order adopted by the Commission, that provision will be superseded by such Commission rule or order. In the event that the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules (47 C.F.R. §§ 64.2001-2009) are repealed, this Consent Decree shall be terminated when the action repealing the rules becomes final. 16. Successors and Assigns. AT&T agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute
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- Systema Networks, Inc. EB-09-TC-162 0017616053 200932170121 47 C.F.R. § 64.2009(e). Section 222 of the Communications Act, 47 U.S.C § 222, provides that: ``Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.'' 47 C.F.R. § 64.2001-2011. For purposes of the CPNI rules, the term ``telecommunications carrier'' includes an entity that provides interconnected VoIP service. 47 C.F.R. § 64.2003(o). See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91,(rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day of
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- 200932170871 Z-Telephony, LLC EB-08-TC-6086 0015853450 200932170916 47 C.F.R. § 64.2009(e). Section 222 of the Communications Act, 47 U.S.C § 222, provides that: ``Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.'' 47 C.F.R. § 64.2001-2011. For purposes of the CPNI rules, the term ``telecommunications carrier'' includes an entity that provides interconnected VoIP service. 47 C.F.R. § 64.2003(o). See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day
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- [Insert title of corporate officer] 6. Certification: I, [Insert 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 in compliance with the requirements (including those mandating the adoption of CPNI procedures, training, recordkeeping, and supervisory review) set forth in section 64.2001 et seq. of the Commission's rules. The company [has/has not] taken actions (i.e., proceedings instituted or petitions
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- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. § 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
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- EnterConference EB-10-TC-138 0018083949 2/25/2010 201132170009 ESLITE Networks, LLC EB-10-TC-144 0017665217 2/25/2010 201132170008 Jahan Telecommunication EB-10-TC-194 0020537387 2/26/2010 201132170007 Owtel, Inc. EB-10-TC-248 0016273583 2/26/2010 201132170006 ReadyTalk EB-10-TC-278 0020537395 2/26/2010 201132170005 See 47 C.F.R. § 64.2009(e); 47 U.S.C. § 403. See Appendix I listing the dates that the inquiries were sent to the Companies. See 47 U.S.C § 222. 47 C.F.R. §§ 64.2001-2011. Section 64.2003(o) of the rules defines ``telecommunications carrier'' to include a provider of Voice-over-Internet-Protocol service. See 47 C.F.R. § 64.2009(e). See also Enforcement Advisory No. 2011-02, DA 11-159 (rel. January 28, 2011); Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See, e.g., Letter to A2Z Telecom, Inc. from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
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- [Insert title of corporate officer] 6. Certification: I, [Insert 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 in compliance with the requirements (including those mandating the adoption of CPNI procedures, training, recordkeeping, and supervisory review) set forth in section 64.2001 et seq. of the Commission's rules. The company [has/has not] taken actions (i.e., proceedings instituted or petitions
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- searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. For further information, contact Lisa Hone, Wireline Competition Bureau, at (202) 418-1500, Melissa Tye, Wireless Telecommunications Bureau, at (202) 418-0600, or Douglas Klein, Office of General Counsel, at (202) 418-1720. -FCC- 47 U.S.C. § 222(a). See 47 U.S.C. § 222(c); see also 47 C.F.R. §§ 64.2001-.2011. See, e.g., Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information, Second Report and Order and Further Notice of Proposed Rulemaking, 13 FCC Rcd 8061 (1998) (1998 CPNI Order); Third Report and Order and Third Further Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002) (2002 CPNI Order); Report and
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- BE EFFECTIVE NO SOONER THAN 30 days following publication of these rules in the Federal Register. The Commission will publish a notice announcing the effective date of this Order. At page 6, at paragraph 12 and note 28, the text ``NCTA'' is changed to ``NTCA''. At page 19, Appendix A, paragraph 1, in both instances, the text that reads ``Section 64.2001'' is changed to ``Section 64.2401''. At page 21, Appendix C, the text of the entire appendix is replaced with the text included in Attachment A. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Attachment A [Page 1 and 2 of SNET Bill] (continued....) Federal Communications Commission DA 00-745 Federal Communications Commission DA 00-745 wúÿÿ @& „0ý „0ý
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- for satellite and cable television providers, respectively, for the treatment of their subscribers' personally identifiable information ("PII").13Specifically, these provisions require clear and conspicuous notice about collection and use of PII, limit disclosure of PII, and require cable and satellite providers to employ reasonable levels of security for their subscribers' PII.14In addition, Sections 338(i) and 631 contain private 947 C.F.R. § 64.2001 64.2011. 10See, e.g., Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information, Third Report and Order and Third Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002). 11See, e.g., NCTA v. FCC, 555 F.3d 996 (D.C. Cir. 2009). 12Privacy and Data Security: Protecting Consumers in the Modern World: Hearing Before
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- information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of (A) the telecommunication service from which such information is derived, or (B) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories.''). 47 C.F.R. §§ 64.2001-2009; US West v. FCC, 182 F.3d 1224 (10th Cir. 1999) (vacating portions of first CPNI order; finding that opt-in rule for customer-specific CPNI violated First Amendment), cert. denied, 530 U.S. 1213 (2000); Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information: Implementation of the Non-Accounting Safeguards of Sections 271 and
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- at paras. 26-32. 47 U.S.C. § 222(c)(1) (emphasis added). The Commission has adopted rules implementing section 222, including rules defining the scope of the phrase ``telecommunications service'' in section 222(c)(1)(A) as well as rules specifying which services are included in the phrase ``services necessary to, or used in the provision of telecommunications service'' in section 222(c)(1)(B). See 47 C.F.R. §§ 64.2001-64.2008; see also Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information, CC Docket No. 96-115, Third Report and Order and Third Further Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002) (CPNI Remand Order). 47 U.S.C. § 222(c)(1). See Computer III Phase II Order, 2 FCC Rcd at 3094-95, paras.
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- we adopt the attached Consent Decree entered into between the Federal Communications Commission (the ``FCC'' or ``Commission'') and AT&T Inc. (``AT&T''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau of the FCC regarding SBC Communications, Inc.'s (``SBC'') compliance with section 222 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. § 222, and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. §§ 64.2001-2009. The Consent Decree also terminates a Notice of Apparent Liability for Forfeiture (``NAL'') against AT&T for its apparent violation of section 222 of the Act, 47 U.S.C. § 222, and section 64.2009(e) of the Commission's rules, 47 C.F.R. § 64.2009(e). The Commission and AT&T have negotiated the terms of a Consent Decree
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.txt
- 406 F.3d 689 (D.C. Cir. 2005) (holding that the Commission lacked authority to impose broadcast content redistribution rules on equipment manufacturers using ancillary jurisdiction because the equipment at issue was not subject to the Commission's subject matter jurisdiction over wire and radio communications). Southwestern Cable, 392 U.S. at 178. . 47 U.S.C. § 222(a), (c)(1); see also 47 C.F.R. § 64.2001 et seq. See Interim USF Order, 21 FCC Rcd at 7542-43, para. 48 (citing Communications Assistance for Law Enforcement Act and Broadband Access and Services, First Report and Order and Further Notice of Proposed Rulemaking, 20 FCC Rcd 14989, 15009-10, para. 42 (2005), aff'd, American Council on Education v. FCC, 451 F.3d 226 (D.C. Cir. 2006)); see also Attorneys General
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- and LNP issues); see also Ex Parte of Hands On Video Relay Services, Inc. in CG Docket No. 03-123 at 2 (Nov. 7, 2007) (asserting that number conservation efforts should not hinder the deployment of a numbering system for Internet-based TRS). See 47 U.S.C. § 258(a); 47 C.F.R. § 64.1120 (slamming restrictions). See 47 U.S.C. § 222; 47 C.F.R. § 64.2001 et seq. (CPNI requirements). See 47 U.S.C. § 153(30) (defining number portability); 47 C.F.R. § 52.20 et seq. (LNP requirements). Numbering PN, 23 FCC Rcd at 4727-28. Ten comments and twelve reply comments were filed by providers and other entities in response to the Numbering PN. More than four hundred individual comments were also filed. Commenters overwhelmingly support Commission adoption
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-85A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-85A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-85A1.txt
- Docket 07-244, at 1-2, 4 (filed May 12, 2010). We note that other commenters support the Commission's position. See Qwest Reply at 4-9; Insight Reply at 4. See 47 U.S.C. § 222(a) (``Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers . . . and customers.''); 47 C.F.R. §§ 64.2001 et seq. See id. 47 U.S.C. § 222(a); 47 U.S.C. § 222(b) (``A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts.''); see also Implementation of the Telecommunications Act of 1996; Telecommunications
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- particular party''). See 47 C.F.R. § 0.459. See generally 47 C.F.R. §§ 1.1208 (rules applicable to restricted proceedings), 1.1212 (procedures for handling prohibited ex parte presentations). MAP Comments at 2. See 47 U.S.C. § 208; 47 C.F.R. §§ 1.720 et seq. See 47 U.S.C. § 224; 47 C.F.R. §§ 1.1401 et seq. See 47 U.S.C. § 222; 47 C.F.R. §§ 64.2001 et seq. See 47 C.F.R. §§ 76.7 et seq. See id. §§ 1.4000 et seq. See id. § 54.314. We note that other bureaus and offices may wish to complete independent proceedings to transition matters within their jurisdiction into the formal docketing process, and direct CGB to take particular care to consult with the bureaus and offices in this regard.
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- carriers, requires that "[c]harges contained on telephone bills must be accompanied by a brief, clear, non-misleading, plain language description of the service or services rendered." The principle is, of course, virtually indistinguishable from the rule; it is hard to see how the obligations could differ. But, wireless carriers are expressly exempted from the rule. See id. at Appendix A ("[R]ule 64.2001(b) . . . shall not apply to providers of Commercial Mobile Radio Service."). Is that some indication these obligations should not, under any circumstances, apply to wireless providers? These conflicting statements make it unclear whether the bills of wireless providers must contain full and non-misleading descriptions, or not. While full and non-misleading description are not required of wireless providers under
- http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99072.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99072.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99072.wp
- (1996) (conference report indicating that purpose of 1996 Act is "to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services by opening all telecommunications markets to competition . . .") (emphases added). 10 Order at ¶ 16. 11 See cf. Order, Appendix A, 47 C.F.R. § 64.2001(a)(2) (limiting requirement of clear and conspicuous notification of new service providers to situations "where charges for two or more carriers appear on the same telephone bill"). 12 Order, Appendix A, 47 C.F.R. § 64.2000(b). The Order also declines to impose the requirements pertaining to changes in service providers, as well as to "deniable" and "non-deniable" charges, on CMRS carriers. Id.
- http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.html http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.txt http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.wp
- carriers, requires that "[c]harges contained on telephone bills must be accompanied by a brief, clear, non-misleading, plain language description of the service or services rendered." The principle is, of course, virtually indistinguishable from the rule; it is hard to see how the obligations could differ. But, wireless carriers are expressly exempted from the rule. See id. at Appendix A ("[R]ule 64.2001(b) . . . shall not apply to providers of Commercial Mobile Radio Service."). Is that some indication these obligations should not, under any circumstances, apply to wireless providers? These conflicting statements make it unclear whether the bills of wireless providers must contain full and non-misleading descriptions, or not. While full and non-misleading description are not required of wireless providers under
- http://transition.fcc.gov/Speeches/Powell/Statements/stmkp914.html http://transition.fcc.gov/Speeches/Powell/Statements/stmkp914.txt http://transition.fcc.gov/Speeches/Powell/Statements/stmkp914.wp
- Sess. 1 (1996) (conference report indicating that purpose of 1996 Act is "to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services by opening all telecommunications markets to competition . . .") (emphases added). 10. Order at 16. 11. See cf. Order, Appendix A, 47 C.F.R. 64.2001(a)(2) (limiting requirement of clear and conspicuous notification of new service providers to situations "where charges for two or more carriers appear on the same telephone bill"). 12. Order, Appendix A, 47 C.F.R. 64.2000(b). The Order also declines to impose the requirements pertaining to changes in service providers, as well as to "deniable" and "non-deniable" charges, on CMRS carriers. Id. These
- http://transition.fcc.gov/eb/Orders/2006/DA-06-916A1.html
- based on allegations received by the Commission concerning Cbeyond's use of CPNI. On February 1, 2006, the Bureau sent a letter of inquiry ("LOI") to Cbeyond to determine whether it has received or obtained proprietary information from another carrier and used that information in violation of section 222(b) of the Communications Act of 1934, as amended ("the Act"), and section 64.2001 et seq. of the Commission's rules, which protects the confidentiality of CPNI. The LOI directed Cbeyond, among other things, to "[p]rovide Cbeyond's 47 C.F.R. S 64.2009(e) compliance certificate for the previous five years." 4. On February 6, 2006, Cbeyond responded to the Public Notice, and on February 13, 2006, it responded to the LOI. In its response to the Public
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-100A1.html
- we adopt the attached Consent Decree entered into between the Federal Communications Commission (the "FCC" or "Commission") and AT&T Inc. ("AT&T"). The Consent Decree terminates an investigation initiated by the Enforcement Bureau of the FCC regarding SBC Communications, Inc.'s ("SBC") compliance with section 222 of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. S 222, and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. SS 64.2001-2009. The Consent Decree also terminates a Notice of Apparent Liability for Forfeiture ("NAL") against AT&T for its apparent violation of section 222 of the Act, 47 U.S.C. S 222, and section 64.2009(e) of the Commission's rules, 47 C.F.R. S 64.2009(e). 2. The Commission and AT&T have negotiated the terms of a Consent
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1919A1.html
- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information Security Outsourcing Solutions, Inc. may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1920A1.html
- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information ("CPNI") Action Research Group may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3812A1.html
- as directed by the Division Chief. D. Term of the Plan AT&T will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 10. The Bureau agrees that, in the absence of new material evidence, it will not use the facts developed in this Investigation through the Effective Date of the Consent Decree, or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
- http://transition.fcc.gov/eb/Orders/2007/DA-07-4090A1.html
- information as defined in 47 U.S.C. S: 222(h)(1). e. "Commission" means the Federal Communications Commission. f. "Effective date" means the date on which the Commission releases the Adopting Order. g. "Investigation" means the investigation commenced on February 1, 2006 by the Bureau letter of inquiry regarding Cbeyond's compliance with 47 U.S.C. S: 222 of the Act and 47 C.F.R. S:S: 64.2001-2009 that resulted in the Bureau's issuance of the NAL on April 21, 2006. h. "NAL" means the proceeding commenced on April 21, 2006 by the Bureau Notice of Apparent Liability for Forfeiture against Cbeyond Communications, Inc. for the apparent violation of section 64.2009(e) of the Commission's rules, 47 C.F.R S: 64.2009(e). i. "Order" or "Adopting Order" means an Order of
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- appropriate PSAP based on the caller's location. E911 also provides the call taker with the caller's call back number ... and in many cases, location information...." Id. at 10251 P:13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to call 911 during emergency situations). See 47 C.F.R. S:S: 1.20000 - 1.20008. See id. S:S: 64.2001 - 64.2009. See id. S:S: 64.601 - 64.608. See id. S:S: 6.1 - 6.23 and S:S: 7.1 - 7.23. See id. S:S: 52.20 - 52.33 See id. S: 54.706. See id. S: 64.604. See id. S: 52.17. See id. S: 52.32. See id. S: 64.1195. Id. S:S: 0.111, 0.311 and 1.80. (Continued from previous page) (continued ...) Federal Communications Commission
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- S.W., Washington, D.C. 20554. 17. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigations (AT&T Investigation (EB-07-TC-13231), AT&T Investigation (EB-08-TC-1005) and BellSouth Investigation (EB-06-TC-3715)), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 18. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against the AT&T Companies or their affiliates for alleged violations of the Act, or for any other type of
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- Schroeder, Acting Division Chief, at Kurt.Schroeder@fcc.gov. 12. Term of the Plan Verizon will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 13. The Bureau agrees that, in the absence of new material evidence related to these matters, it will not use the facts developed in these matters through the Effective Date or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1250A1.html
- Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. 13. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigation (EB-08-TC-4005), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 14. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against GIT for alleged violations of the Act, or for any other type of alleged misconduct, regardless of when
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- safeguards of confidentiality for any competitively sensitive or proprietary information. 15. Subsequent Rule or Order. The Parties agree that if any provision of this Consent Decree is inconsistent with any subsequent rule or order adopted by the Commission, that provision will be superseded by such Commission rule or order. In the event that the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules (47 C.F.R. S:S: 64.2001-2009) are repealed, this Consent Decree shall be terminated when the action repealing the rules becomes final. 16. Successors and Assigns. AT&T agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute
- http://transition.fcc.gov/eb/Orders/2010/DA-10-292A1.html
- Systema Networks, Inc. EB-09-TC-162 0017616053 200932170121 47 C.F.R. S: 64.2009(e). Section 222 of the Communications Act, 47 U.S.C S: 222, provides that: "Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier." 47 C.F.R. S: 64.2001-2011. For purposes of the CPNI rules, the term "telecommunications carrier" includes an entity that provides interconnected VoIP service. 47 C.F.R. S: 64.2003(o). See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91,(rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day of
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- 200932170871 Z-Telephony, LLC EB-08-TC-6086 0015853450 200932170916 47 C.F.R. S: 64.2009(e). Section 222 of the Communications Act, 47 U.S.C S: 222, provides that: "Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier." 47 C.F.R. S: 64.2001-2011. For purposes of the CPNI rules, the term "telecommunications carrier" includes an entity that provides interconnected VoIP service. 47 C.F.R. S: 64.2003(o). See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day
- http://transition.fcc.gov/eb/Orders/2011/DA-11-371A1.html
- EnterConference EB-10-TC-138 0018083949 2/25/2010 201132170009 ESLITE Networks, LLC EB-10-TC-144 0017665217 2/25/2010 201132170008 Jahan Telecommunication EB-10-TC-194 0020537387 2/26/2010 201132170007 Owtel, Inc. EB-10-TC-248 0016273583 2/26/2010 201132170006 ReadyTalk EB-10-TC-278 0020537395 2/26/2010 201132170005 See 47 C.F.R. S: 64.2009(e); 47 U.S.C. S: 403. See Appendix I listing the dates that the inquiries were sent to the Companies. See 47 U.S.C S: 222. 47 C.F.R. S:S: 64.2001-2011. Section 64.2003(o) of the rules defines "telecommunications carrier" to include a provider of Voice-over-Internet-Protocol service. See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2011-02, DA 11-159 (rel. January 28, 2011); Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See, e.g., Letter to A2Z Telecom, Inc. from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
- http://transition.fcc.gov/eb/Public_Notices/DA-08-171A1.html
- 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. S: 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,
- http://transition.fcc.gov/eb/Public_Notices/DA-09-240A1.html
- 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. S: 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,
- http://transition.fcc.gov/eb/Public_Notices/DA-09-9A1.html
- 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. S: 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,
- http://transition.fcc.gov/eb/Public_Notices/DA-10-91A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://transition.fcc.gov/eb/Public_Notices/DA-11-159A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://transition.fcc.gov/eb/Public_Notices/DA-12-170A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99072.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99072.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99072.wp
- (1996) (conference report indicating that purpose of 1996 Act is "to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services by opening all telecommunications markets to competition . . .") (emphases added). 10 Order at ¶ 16. 11 See cf. Order, Appendix A, 47 C.F.R. § 64.2001(a)(2) (limiting requirement of clear and conspicuous notification of new service providers to situations "where charges for two or more carriers appear on the same telephone bill"). 12 Order, Appendix A, 47 C.F.R. § 64.2000(b). The Order also declines to impose the requirements pertaining to changes in service providers, as well as to "deniable" and "non-deniable" charges, on CMRS carriers. Id.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000745.doc
- BE EFFECTIVE NO SOONER THAN 30 days following publication of these rules in the Federal Register. The Commission will publish a notice announcing the effective date of this Order. At page 6, at paragraph 12 and note 28, the text ``NCTA'' is changed to ``NTCA''. At page 19, Appendix A, paragraph 1, in both instances, the text that reads ``Section 64.2001'' is changed to ``Section 64.2401''. At page 21, Appendix C, the text of the entire appendix is replaced with the text included in Attachment A. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Attachment A [Page 1 and 2 of SNET Bill] (continued....) Federal Communications Commission DA 00-745 Federal Communications Commission DA 00-745 wúÿÿ @& „0ý „0ý
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- notice announcing the effective date of this Order. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Order on Reconsideration, including the Supplemental Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A Rule Amendments Section 64.2001 of Title 47 of the Code of Federal Regulations is amended as follows: Subpart U-Truth-in-Billing Requirements for Common Carriers 64.2001 Truth-in-Billing Requirements (a) Bill organization. Telephone bills shall be clearly organized, and must comply with the following requirements: the name of the service provider associated with each charge must be clearly and conspicuously identified on the telephone bill. where charges
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990930.html
- items, this marking is unofficial and informational only. ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: September 30, 1999. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG.September 29, 1999. Internet URL: [1]http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/com bined/tt092999.pdf Released: September 30, 1999. ENFORCEMENT DIVISION OF THE COMMON CARRIER BUREAU ANNOUNCES EFFECTIVE DATE OF TRUTH-IN-BILLING REQUIREMENTS IN CC DOCKET 98-170.April 1, 2000 is the effective date for compliance with rule 64.2001(a)(1)'s requirement that carriers highlight new service providers, and rule 64.2001(c), which requires that carriers identify deniable and nondeniable charges. Common Carrier Bureau Enforcement Division Number: (202) 418-0960. (DA No. 99-2030). Internet URL: [2]http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1999/da9920 30.wp Report No: 44582. Released: September 30, 1999. BROADCAST ACTIONS. Internet URL: [3]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ ac990930.txt Report No: 24582. Released: September 30, 1999. BROADCAST APPLICATIONS. Internet URL: [4]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applicat ions/ap990930.txt
- http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.html http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.txt http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr921.wp
- carriers, requires that "[c]harges contained on telephone bills must be accompanied by a brief, clear, non-misleading, plain language description of the service or services rendered." The principle is, of course, virtually indistinguishable from the rule; it is hard to see how the obligations could differ. But, wireless carriers are expressly exempted from the rule. See id. at Appendix A ("[R]ule 64.2001(b) . . . shall not apply to providers of Commercial Mobile Radio Service."). Is that some indication these obligations should not, under any circumstances, apply to wireless providers? These conflicting statements make it unclear whether the bills of wireless providers must contain full and non-misleading descriptions, or not. While full and non-misleading description are not required of wireless providers under
- http://www.fcc.gov/Speeches/Powell/Statements/stmkp914.html http://www.fcc.gov/Speeches/Powell/Statements/stmkp914.txt http://www.fcc.gov/Speeches/Powell/Statements/stmkp914.wp
- Sess. 1 (1996) (conference report indicating that purpose of 1996 Act is "to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services by opening all telecommunications markets to competition . . .") (emphases added). 10. Order at 16. 11. See cf. Order, Appendix A, 47 C.F.R. 64.2001(a)(2) (limiting requirement of clear and conspicuous notification of new service providers to situations "where charges for two or more carriers appear on the same telephone bill"). 12. Order, Appendix A, 47 C.F.R. 64.2000(b). The Order also declines to impose the requirements pertaining to changes in service providers, as well as to "deniable" and "non-deniable" charges, on CMRS carriers. Id. These
- http://www.fcc.gov/eb/Orders/2006/DA-06-916A1.html
- based on allegations received by the Commission concerning Cbeyond's use of CPNI. On February 1, 2006, the Bureau sent a letter of inquiry ("LOI") to Cbeyond to determine whether it has received or obtained proprietary information from another carrier and used that information in violation of section 222(b) of the Communications Act of 1934, as amended ("the Act"), and section 64.2001 et seq. of the Commission's rules, which protects the confidentiality of CPNI. The LOI directed Cbeyond, among other things, to "[p]rovide Cbeyond's 47 C.F.R. S 64.2009(e) compliance certificate for the previous five years." 4. On February 6, 2006, Cbeyond responded to the Public Notice, and on February 13, 2006, it responded to the LOI. In its response to the Public
- http://www.fcc.gov/eb/Orders/2006/FCC-06-100A1.html
- we adopt the attached Consent Decree entered into between the Federal Communications Commission (the "FCC" or "Commission") and AT&T Inc. ("AT&T"). The Consent Decree terminates an investigation initiated by the Enforcement Bureau of the FCC regarding SBC Communications, Inc.'s ("SBC") compliance with section 222 of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. S 222, and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. SS 64.2001-2009. The Consent Decree also terminates a Notice of Apparent Liability for Forfeiture ("NAL") against AT&T for its apparent violation of section 222 of the Act, 47 U.S.C. S 222, and section 64.2009(e) of the Commission's rules, 47 C.F.R. S 64.2009(e). 2. The Commission and AT&T have negotiated the terms of a Consent
- http://www.fcc.gov/eb/Orders/2007/DA-07-1919A1.html
- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information Security Outsourcing Solutions, Inc. may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
- http://www.fcc.gov/eb/Orders/2007/DA-07-1920A1.html
- Commission. The subpoena, issued pursuant to the authority set forth in Sections 151 and 409 of the Communications Act, concerned call detail and other customer proprietary network information ("CPNI") Action Research Group may be obtaining from telecommunications providers, in apparent violation of section 222 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S 222 and sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S 64.2001-2009. The subpoena required you to produce information and documents responsive to eight specific requests within 10 calendar days of service of the subpoena. To date, we have not received any response to the questions in the subpoena. Accordingly, you have failed to comply with an order of the Commission. Therefore, we issue
- http://www.fcc.gov/eb/Orders/2007/DA-07-3812A1.html
- as directed by the Division Chief. D. Term of the Plan AT&T will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 10. The Bureau agrees that, in the absence of new material evidence, it will not use the facts developed in this Investigation through the Effective Date of the Consent Decree, or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
- http://www.fcc.gov/eb/Orders/2007/DA-07-4090A1.html
- information as defined in 47 U.S.C. S: 222(h)(1). e. "Commission" means the Federal Communications Commission. f. "Effective date" means the date on which the Commission releases the Adopting Order. g. "Investigation" means the investigation commenced on February 1, 2006 by the Bureau letter of inquiry regarding Cbeyond's compliance with 47 U.S.C. S: 222 of the Act and 47 C.F.R. S:S: 64.2001-2009 that resulted in the Bureau's issuance of the NAL on April 21, 2006. h. "NAL" means the proceeding commenced on April 21, 2006 by the Bureau Notice of Apparent Liability for Forfeiture against Cbeyond Communications, Inc. for the apparent violation of section 64.2009(e) of the Commission's rules, 47 C.F.R S: 64.2009(e). i. "Order" or "Adopting Order" means an Order of
- http://www.fcc.gov/eb/Orders/2008/DA-08-1920A1.html
- appropriate PSAP based on the caller's location. E911 also provides the call taker with the caller's call back number ... and in many cases, location information...." Id. at 10251 P:13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to call 911 during emergency situations). See 47 C.F.R. S:S: 1.20000 - 1.20008. See id. S:S: 64.2001 - 64.2009. See id. S:S: 64.601 - 64.608. See id. S:S: 6.1 - 6.23 and S:S: 7.1 - 7.23. See id. S:S: 52.20 - 52.33 See id. S: 54.706. See id. S: 64.604. See id. S: 52.17. See id. S: 52.32. See id. S: 64.1195. Id. S:S: 0.111, 0.311 and 1.80. (Continued from previous page) (continued ...) Federal Communications Commission
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- Schroeder, Acting Division Chief, at Kurt.Schroeder@fcc.gov. 12. Term of the Plan Verizon will implement this Compliance Plan within sixty (60) days of the Effective Date of this Consent Decree. The terms of this Compliance Plan will expire two (2) years after the Effective Date of this Consent Decree or upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 13. The Bureau agrees that, in the absence of new material evidence related to these matters, it will not use the facts developed in these matters through the Effective Date or the existence of this Consent Decree to initiate, on its own motion, any new proceeding, formal or informal,
- http://www.fcc.gov/eb/Orders/2010/DA-10-1250A1.html
- Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. 13. Termination Date. Unless stated otherwise, the requirements of this Consent Decree will expire twenty-four (24) months after the Effective Date or, with respect to those requirements pertaining to the resolution of the CPNI investigation (EB-08-TC-4005), upon the termination of the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S:S: 64.2001-2009, whichever is earlier. 14. Section 208 Complaints; Subsequent Investigations. Nothing in this Consent Decree shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to section 208 of the Act against GIT for alleged violations of the Act, or for any other type of alleged misconduct, regardless of when
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- safeguards of confidentiality for any competitively sensitive or proprietary information. 15. Subsequent Rule or Order. The Parties agree that if any provision of this Consent Decree is inconsistent with any subsequent rule or order adopted by the Commission, that provision will be superseded by such Commission rule or order. In the event that the opt-out requirements set forth in sections 64.2001-2009 of the Commission's rules (47 C.F.R. S:S: 64.2001-2009) are repealed, this Consent Decree shall be terminated when the action repealing the rules becomes final. 16. Successors and Assigns. AT&T agrees that the provisions of this Consent Decree shall be binding on its successors, assigns, and transferees. 17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall constitute
- http://www.fcc.gov/eb/Orders/2010/DA-10-292A1.html
- Systema Networks, Inc. EB-09-TC-162 0017616053 200932170121 47 C.F.R. S: 64.2009(e). Section 222 of the Communications Act, 47 U.S.C S: 222, provides that: "Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier." 47 C.F.R. S: 64.2001-2011. For purposes of the CPNI rules, the term "telecommunications carrier" includes an entity that provides interconnected VoIP service. 47 C.F.R. S: 64.2003(o). See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91,(rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day of
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- 200932170871 Z-Telephony, LLC EB-08-TC-6086 0015853450 200932170916 47 C.F.R. S: 64.2009(e). Section 222 of the Communications Act, 47 U.S.C S: 222, provides that: "Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier." 47 C.F.R. S: 64.2001-2011. For purposes of the CPNI rules, the term "telecommunications carrier" includes an entity that provides interconnected VoIP service. 47 C.F.R. S: 64.2003(o). See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See Appendix I. Section 503(b)(2)(B) provides for forfeitures against common carriers of up to $150,000 for each violation or each day
- http://www.fcc.gov/eb/Orders/2011/DA-11-371A1.html
- EnterConference EB-10-TC-138 0018083949 2/25/2010 201132170009 ESLITE Networks, LLC EB-10-TC-144 0017665217 2/25/2010 201132170008 Jahan Telecommunication EB-10-TC-194 0020537387 2/26/2010 201132170007 Owtel, Inc. EB-10-TC-248 0016273583 2/26/2010 201132170006 ReadyTalk EB-10-TC-278 0020537395 2/26/2010 201132170005 See 47 C.F.R. S: 64.2009(e); 47 U.S.C. S: 403. See Appendix I listing the dates that the inquiries were sent to the Companies. See 47 U.S.C S: 222. 47 C.F.R. S:S: 64.2001-2011. Section 64.2003(o) of the rules defines "telecommunications carrier" to include a provider of Voice-over-Internet-Protocol service. See 47 C.F.R. S: 64.2009(e). See also Enforcement Advisory No. 2011-02, DA 11-159 (rel. January 28, 2011); Enforcement Advisory No. 2010-01, DA 10-91 (rel. January 15, 2010). See, e.g., Letter to A2Z Telecom, Inc. from Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications
- http://www.fcc.gov/eb/Public_Notices/DA-08-171A1.html
- 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. S: 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,
- http://www.fcc.gov/eb/Public_Notices/DA-09-240A1.html
- 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. S: 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,
- http://www.fcc.gov/eb/Public_Notices/DA-09-9A1.html
- 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. S: 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,
- http://www.fcc.gov/eb/Public_Notices/DA-10-91A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://www.fcc.gov/eb/Public_Notices/DA-11-159A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code
- http://www.fcc.gov/eb/Public_Notices/DA-12-170A1.html
- ensure that they adequately protect their subscribers' CPNI. Those rules also require that all companies subject to the CPNI rules file an annual certification documenting their compliance with the rules, and documenting any complaints or problems. Companies must file these certifications with the Commission on or before March 1 each year. The CPNI rules are found at 47 C.F.R. S: 64.2001 et seq. A copy of the current version of the certification portion of the rules is attached to this Enforcement Advisory. The attached version of the rules is current as of this date. In the future, to ensure that you are aware of any changes to the rules, you are advised always to check the current version of the Code