Client Alert

President Trump Repeals the FCC’s Broadband Privacy Rules; Legacy CPNI Rules Restored

April 04, 2017

By Sherrese M. Smith & Michael F. London

Yesterday, President Trump signed Senate Joint Resolution 34 into law, repealing the Federal Communications Commission’s (“FCC”) broadband privacy and data security regulations.[1] The joint resolution, approved by the U.S. Senate and House of Representatives, nullifies the privacy and data security regulations for ISPs and other telecommunications providers that were approved last fall by the FCC. The joint resolution was passed pursuant to the Congressional Review Act, which allows Congress to disapprove regulations passed by a federal agency.[2] The enactment of the joint resolution eliminates the broadband privacy rules, and prevents the FCC from reissuing the rules unless authorized by a law enacted after the date of the joint resolution. [3]

The repeal of the privacy rules has the effect of restoring the FCC’s prior rules regarding customer proprietary network information (“CPNI”). The FCC’s prior CPNI rules imposed specific compliance obligations on legacy voice providers (including interconnected VoIP providers), including recordkeeping and annual certification requirements under Section 64.2009[4], and requiring biennial notification of CPNI practices to customers.[5]

If you have any questions on the repeal of the broadband privacy rules or its potential effects on your business, please do not hesitate to contact Sherrese Smith for more information.

[1]   S.J. Res. 34, 115th Cong. (2017) (enacted), available at https://www.congress.gov/bill/115th-congress/senate-joint-resolution/34.

[2]   Congressional Review Act, 5 U.S.C. §§ 801-808.

[3] Id. at §801(b)(2).

[4]  47 C.F.R. § 64.2009 (2016).

[5]   47 C.F.R. § 64.2008 (2016).

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