FCC Record, Volume 25, No. 13, Pages 10521 to 11406, August 2 - August 20, 2010 Page: 10,524
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Communications Act and section 64.2009(e) of the Commission's rules by failing to file
a compliant customer proprietary network information ("CPNI") certification.
(h) "Comteck of Indiana" means Comteck of Indiana, Inc. and its predecessors-in-interest
and successors-in-interest.
(i) "NAL" means Notice of Apparent Liability for Forfeiture.
(j) "Parties" means Comteck of Indiana and the Bureau.
(k) "Rules" means the Commission's regulations found in Title 47 of the Code of Federal
Regulations.
II1. BACKGROUND
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
347 C.F.R. 64.2009(e).
4 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 of 1996: 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 Red 8061, 8068-70, para. 7 (1998) ("CPNI Order")
(describing the Commission's privacy protections for confidential customer information in place prior to the 1996
Act.
5 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 Red 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 Rcd 14860(2002); EPIC CPNI Order.
6 See, e.g., http://www.epic.or/dprivac/ici/.10524
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United States. Federal Communications Commission. FCC Record, Volume 25, No. 13, Pages 10521 to 11406, August 2 - August 20, 2010, book, August 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc39300/m1/18/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.