The FCC has adopted an Order clarifying that the prior existing Customer Proprietary Network Information (CPNI) rules that were in effect prior to the adoption of the 2016 Broadband Privacy Order that amended the rules to also apply to broadband internet service providers (ISPs), are again in effect including the annual compliance certification and recordkeeping requirements of FCC Rule Sections 64.2009(e) and (c). Those telecommunications carriers subject to the annual compliance certification requirement must file a certification no later than March 1, 2018. The 2016 Broadband Privacy Order was repealed by Congress by a resolution of disapproval under the Congressional Review Act, and those rules are no longer on the books. However, the FCC reminds ISPs that they remain subject to Section 222 of the Communications Act and while they need not comply with the CPNI rules because of previously granted forbearance, ISPs must take reasonable and good faith steps to protect consumer privacy. Finally, the FCC concludes that because it is simply recognizing, interpreting and implementing the Congressional resolution of disapproval, notice and public procedure are unnecessary, and the CPNI rules are effective immediately upon publication in the Federal Register.
