As we have reported in previous advisories, the Federal Communications Commission (FCC) requires every telecommunications and interconnected VoIP service provider (including wireless, cable telephony, and even paging and calling card providers) to execute and file an annual officer certification that it is in compliance with the FCC's Customer Proprietary Network Information (CPNI) regulations. The annual certification for calendar year 2011 must be filed with the FCC by Mar. 1, 2012.

The FCC has issued periodic reminders that service providers that failure to comply with the CPNI rules and to file the required annual certification on time could subject violators to penalties of up to $1.5 million. This is no empty threat: the FCC has taken action against thousands of providers, resulting in hundreds of monetary settlement payments. The mere failure to file an annual certification has resulted in penalties of up to $100,000. In addition, last year AT&T paid $200,000 to settle an FCC action arising from deficiencies in its CPNI “opt-out” mechanisms (i.e, the methods through which customers can inform the service provider that it may not use their subscriber records for marketing purposes). We would be happy to provide details or assist you with a review of your opt-out procedures to assure compliance.