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Enforcement Bureau Asks Carriers for More Data on CPNI Procedures

The FCC Enforcement Bureau asked for additional information from a handful of wireline and wireless carriers, as it deepens its investigation of whether the carriers properly protected customer proprietary network information (CPNI), sources said Wed. A regulatory lawyer said the bureau sent follow-up requests for information to 5 wireline and 5 wireless carriers. The FCC has yet to cite a carrier for substantial violations of its CPNI rules since it began its probe of how “pretexters” get and sell phone records on the Internet.

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So far, the Commission has punished carriers only for more procedural violations - fining AT&T in one case for not providing the proper documents certifying its compliance with CPNI rules. Last week, the Commission issued a $97,500 notice of apparent liability (NAL) against data broker LocateCell (CD July 14 p2) for “willfully or repeatedly” violating Commission rules by refusing to hand over documents requested as part of an investigation.

Rob Douglas, an expert on consumer privacy issues, said the FCC could do more to pursue pretexters and should make that the focus of continuing investigations. “There’s nothing wrong with them asking for more information. The more the Commission knows the better,” Douglas told us: “I would hope that the Commission would keep its eye on the companies that were deceiving the carriers where the majority of the fault lays. Carriers can only do so much.”

Still, Douglas said, some carriers have adopted much better procedures than others to protect consumer. “It’s known in the underground community that it’s easier to defeat some carriers than others and that continues to this day,” he said: “Certainly, down the road, now that the carriers are on notice if their procedures continue to be farcical, then they should be slapped.”