Today: FCC CPNI Rules Reinstated, Inflation Adjustments for Cable Operators, FTC Halts Selling of Consumers' Sensitive Data, California Lifeline Eligibility Criteria

FCC CPNI Rules Reinstated

The FCC issued a ministerial Order reinstating the CPNI rules that were in effect prior to October 27, 2016, including the annual CPNI certification and recordkeeping requirements.  The FCC also clarified that broadband Internet service providers are not required to comply with the CPNI rules but are subject to Section 222 of the Communications Act.  Accordingly, absent further action by the FCC, carriers subject to the annual CPNI compliance certification requirement will have to file those certificates by March 1, 2018, and annually thereafter.  The Order was a response to Pub. Law 115-22, which was a congressional resolution of disapproval of the FCC’s 2016 privacy rules under the Congressional Review Act.  The law specified that those rules should have no force and effect.  See the Regulatory Mix dated 3/29/17.  TMI Briefing Service subscribers see Briefing dated 6/30/17.

FCC Inflation Adjustments for Cable Operators

The FCC announced the most recent inflation adjustment factors for cable operators.  For operators filing quarterly using FCC Form 1240, the first quarter 2017 inflation factor is 1.96%.  Operators calculating the Inflation Factor for a True-Up Period which includes some portion of the first quarter of 2017 should enter the inflation factor on the appropriate lines of Worksheet 1 of FCC Form 1240 as “0.0196.”  Operators using this factor for calculating the Projected Period Inflation Segment of FCC Form 1240 should enter this number on Line C3 (January 1996 version), or Line C5 (July 1996 version) as “1.0196”.

FTC Halts Selling of Consumers’ Sensitive Data

The FTC announced that  operators of a lead generation business have agreed to settle charges brought by the FTC that the company misled consumers into filling out loan applications and sold those applications – including consumers’ sensitive data – to virtually anyone willing to pay for the leads.  In its complaint, the FTC alleges that Blue Global Media, LLC operated dozens of websites that enticed consumers to complete loan applications that the defendants then sold as “leads” to a variety of entities without regard for how the information would be used or whether it would remain secure.  The settlement includes a judgment for more than $104 million, which represents the revenue defendants obtained by selling consumers’ loan applications as leads.

California LifeLine Eligibility Criteria

The PUC has extended the due dates for comments and reply comments on whether the California LifeLine Program should maintain the current eligibility criteria after October 31, 2017, the extension granted to it by the FCC.  Comments are due July 10 and Reply Comments are due July 17, 2017.  TMI Briefing Service subscribers see Briefing dated 6/30/17.

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The Regulatory Mix, TMI’s daily blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of a TMI Briefing.