BloostonLaw Telecom Update Published by the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP [Selected portions reproduced here with the firm's permission.] www.bloostonlaw.com Vol. 12, No. 8 | February 25, 2009 |
CPNI CERTIFICATION DUE MARCH 1: The FCC has issued a Public Notice reminding carriers that the deadline for CPNI certification is no later than March 1. This year, March 1 falls on a Sunday, and FCC rules normally would roll such a deadline over to the next business day, March 2. However, out of an abundance of caution, we recommend that clients complete their filings by Friday, February 27 (i.e., the last business day before March 1). The FCC’s notice indicates that the CPNI report must not only be filed electronically, but copies must be delivered to designated FCC personnel and contractors. Otherwise, the filing may be considered defective.
FCC Issues $20,000 Fines for Missed CPNI Reports The FCC has issued a “blanket” Notice of Apparent Liability proposing to fine several hundred carriers $20,000 each for failing to timely file their 2007 CPNI certification by the March 1, 2008, deadline. The Notice makes no effort to examine the individual circumstances of each carrier. Responses can by filed within 30 days of the Notice, or by March 26, 2009. Obviously, a failure to submit the required 2008 CPNI certification by the March 1, 2009 deadline risks a similar sanction. The FCC has also begun fining carriers who timely filed their certifications, due to alleged defects in the content of the filing. Therefore, our clients should be wary of oversimplified certification templates that have become widely available. BloostonLaw contacts: Gerry Duffy, Mary Sisak, and John Prendergast. MARCH 1: CPNI ANNUAL CERTIFICATION: Carriers should modify (as necessary) and complete their “Annual Certification of CPNI Compliance” for 2008 between January 1 and March 1. Yesterday, the FCC’s Enforcement Bureau issued an Omnibus Notice of Apparent Liability (NAL), proposing $20,000 fines against multiple carriers for allegedly failing to file annual CPNI certifications on our before March 1, 2009 (see separate story above). Additionally, Acting Chairman Michael Copps announced that the Bureau will release a list of carriers who will receive NALs this week for allegedly filing non-compliant CPNI certifications. For 2007, the FCC Enforcement Bureau conducted a computerized audit to identify any non-filers, who may face sanctions. The CPNI filing requirement applies to all “telecommunications carriers,” which can include ILECs, CLECs, wireless carriers, paging companies, resellers and other service providers. If you are not sure whether the CPNI requirement applies to your company, you should contact us promptly. Note that the annual certification should include the information required by the FCC’s CPNI rule changes in 2007. A company officer with personal knowledge that the company has established operating procedures adequate to ensure compliance with the rules must execute the Certification, place a copy of the Certification and accompanying Exhibits in the Company’s CPNI Compliance Records, and forward the original to BloostonLaw for filing with the FCC by March 1. BloostonLaw has prepared a template to assist interested clients in meeting their CPNI certification requirements. We are prepared to help our clients meet this requirement, which we expect will be strictly enforced, by assisting with preparation of their certification filing; reviewing the filing to make sure that the required showings are made; filing the certification with the FCC, and obtaining a proof-of-filing copy for your records. Clients interested in obtaining BloostonLaw's CPNI compliance manual should contact Gerry Duffy (202-828-5528) or Mary Sisak (202-828-5554). MARCH 31: ANNUAL INTERNATIONAL CIRCUIT STATUS REPORTS. Carriers are reminded that Section 43.82 of the Commission’s rules requires each facilities-based carrier that provides international telecommunications services to file a Circuit Status Report by March 31, 2008. The report should contain data as of December 31, 2007. The information that must be filed and filing format for the Circuit Status Report is described in detail in the Circuit Status Filing Manual. All facilities-based carriers must file a Circuit Status Report if they had any activated or idle circuits as of December 31, 2007. If carriers did not have any activated or idle circuits as of December 31, 2007, they are not required to file this report or file any letter stating that they have no circuits to report. The Filing Manual requires carriers to report the total number of activated and the total number of idle circuits using the following categories: submarine cable, satellite, and landline (cable or microwave). The Filing Manual defines international facilities-based circuits as “international circuits in which a carrier has an ownership interest. For this purpose, the term ownership interest includes outright ownership, indefeasible right of use (IRU) interests, or leasehold interests in bare capacity in an international facility, regardless of whether the underlying facility is a common or non-common carrier submarine cable or … satellite system.” The Filing Manual further explains that leasehold interests in bare capacity “are distinct from private lines leased from another reporting international carrier.” Thus, any telecommunications carrier that has leased an international circuit from another common carrier, a non-common carrier, or a foreign carrier, other than a lease of private line “service” or “capacity” from a common carrier, must file a Circuit Status Report and include that circuit in its report. Such a circuit should be reported as a facilities-based circuit, and not as a facilities-based resold circuit. Private line resellers should report their resold circuits using the Facility Codes 11, 12 and 13 as specified in the Filing Manual. Facilities-based carriers that are regulated as dominant on particular U.S. international routes under Section 63.10 must provide their circuit status information on a facility-specific basis for the dominant route only. Carriers should provide the information in a separate appendix using the same table format in the Filing Manual, but they should add a column labeled "Facility Name" after "Data field #2". Carriers are reminded to file their reports on compact disc (CD) media. The FCC will not accept reports filed on diskettes. But it will accept Excel files. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. MAY 31: FCC FORM 395, EMPLOYMENT REPORT. Common carriers, including wireless carriers, with 16 or more full-time employees must file their annual Common Carrier Employment Reports (FCC Form 395) by May 31. This report tracks carrier compliance with rules requiring recruitment of minority employees. Further, the FCC requires all common carriers to report any employment discrimination complaints they received during the past year. That information is also due on May 31. The FCC encourages carriers to complete the discrimination report requirement by filling out Section V of Form 395, rather than submitting a separate report. Clients who would like assistance in filing Form 395 should contact Richard Rubino. FCC Meetings and Deadlines Feb. 27 – Deadline for reply comments on NECA’s proposed modification of average schedule formulas for interstate settlements (WC Docket No. 08-248.) Feb. 27 – Deadline for comments on NOI regarding FCC’s annual video competition report (MB Docket No. 07-269). Mar. 1 – CPNI Annual Certification is due. Mar. 2 – Copyright statement of accounts form for cable companies is due. Mar. 2 – Deadline for comments regarding possible changes to rules under Regulatory Flexibility Act (CB Docket No. 08- 21).
Mar.
5 – FCC open meeting.
Mar. 9 – Deadline for reply comments on CTIA proposal to transition cellular licensing to CMA geographic market areas (RM-11510). Mar. 16 – FCC Form 477, Local Competition and Broadband Reporting Form, is due. (Extended from Mar. 2.) Mar. 23 – Deadline for filing certain information collection statements regarding NET 911 Act (PS Docket No. 09-14). Mar. 27 – Deadline for reply comments on NOI regarding FCC’s annual video competition report (MB Docket No. 07-269).
Mar.
31 – FCC Form 507, Universal Service Quarterly Line Count Update, is due.
Mar. 31 – FCC Form 525, Competitive Carrier Line Count Quarterly Report, is due. Mar. 31 – FCC Form 508, Projected Annual Common Line Revenue Requirement Form, is due. Mar. 31 – Annual International Circuit Status Report is due. Apr. 1 – FCC Form 499-A, Telecommunications Reporting Worksheet, is due. Apr. 1 – Revised DTV Consumer Education requirements for ETCs, MVPDs take effect. Apr. 10 – Auction 73 winners must file quarterly report covering DTV consumer education outreach efforts for period Jan.-Mar. 2009. Apr. 11 – Deadline for FCC to act on Embarq forbearance petition regarding IP-to-PSTN voice traffic, or have it deemed granted (WC Docket No. 08-8). Apr. 20 – FCC Form 497, Low Income Quarterly Report, is due. May 1 – FTC begins enforcement of Red Flag Rules. May 1 – Rate Integration Certification is due. May 31 – FCC Form 395, Employment Report, is due. |