the Communications Act and section 64.2009(e) of the Commission's rules by failing to
file a compliant customer proprietary network information ("CPNI") certification.3
(h) "Westgate Communications" means Westgate Communications, LLC d/b/a WeavTel and
its predecessors-in-interest and successors-in-interest.
(i) "NAL" means Notice of Apparent Liability for Forfeiture.
(j) "Parties" means Westgate Communications and the Bureau.
3. Section 222 imposes the general duty on all telecommunications carriers to protect the
confidentiality of their subscribers' proprietary information.4 The Commission has issued rules
implementing section 222 of the Act.5 The Commission required carriers to establish and maintain a
system designed to ensure that carriers adequately protected their subscribers' CPNI. Section 64.2009(e)
is one such requirement.
4. In 2006, some companies, known as "data brokers," advertised the availability of records
of wireless subscribers' incoming and outgoing telephone calls for a fee.6 Data brokers also advertised
the availability of certain landline toll calls.7 On April 2, 2007, the Commission strengthened its privacy
rules with the release of the EPIC CPNI Order, which adopted additional safeguards to protect CPNI
347 C.F.R. 64.2009(e).
d 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." Prior to the 1996 Act, the Commission had established CPNI
requirements applicable to the enhanced services operations of AT&T, the Bell Operating Companies ("BOCs"),
and GTE, and the customer premises equipment ("CPE") operations of AT&T and the BOCs, in the Computer II,
Computer III, GTE Open Network Architecture ("ONA"), and BOC CPE Relief proceedings. See Implementation
of the Telecommunications Act ofl 996: Telecommunications Carriers' Use of Customer Proprietary Network
Information and Other Customer Information and Implementation of Non-Accounting Safeguards of Sections 271
and 272 of the Communications Act of 1934, as amended, CC Docket Nos. 96-115 and 96-149, Second Report and
Order and Further Notice of Proposed Rulemaking, 13 FCC Rcd 8061, 8068-70, para. 7 (1998) ("CPNI Order")
(describing the Commission's privacy protections for confidential customer information in place prior to the 1996
s See CPNI Order. See also Implementation of the Telecommunications Act of 1996: Telecommunications Carriers'
Use of Customer Proprietary Network Information and Other Customer Information and Implementation of the
Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, CC Docket
Nos. 96-115 and 96-149, Order on Reconsideration and Petitions for Forbearance, 14 FCC Rcd 14409 (1999);
Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer
Proprietary Network Information and Other Customer Information and Implementation of the Non-Accounting
Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended CC Docket Nos. 96-115 and
96-149; 2000 Biennial Regulatory Review - Review of Policies and Rules Concerning Unauthorized Changes of
Consumers' Long Distance Carriers, CC Docket No. 00-257, Third Report and Order and Third Further Notice of
Proposed Rulemaking. 17 FCC Red 14860 (2002); EPIC CPNI Order.
6 See, e.g., http://www.epic.org/nrivacv/iei/.
7 See id
Feer.al nnmin;nnc lnmmi ;nn
United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc52169/. Accessed July 29, 2014.