The Regulatory Mix, TMI’s daily blog of 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 Regulatory Bulletin.
The FCC’s Wireline Competition Bureau issued an Administrative Subpoena ordering providers of special access service to submit the customer-related information sought in its Special Access Data Collection. The subpoena was issued to address concerns raised by the National Cable and Telecommunications Association (NCTA) and United States Telecom Association (USTelecom) that responding to the collection with customer information would violate federal privacy statutes, including Section 222 of the Communications Act. NCTA and USTelecom said that if the Bureau issued an administrative subpoena requiring providers to produce documents in response to the collection, it would remove any uncertainty regarding providers’ obligations under those other provisions. The Bureau said that “In light of the Commission’s authority to require information to assess whether the rates, terms, and conditions for special access service are just and reasonable, and the Commission’s adopted rule requiring the mandatory reporting of such information, the Bureau takes the position that it can compel the disclosure of customer information in the data collection. Nevertheless, the Bureau issues this subpoena to remove any uncertainty as to obligations of respondents to produce the customer information sought consistent with ECPA and with sections 222 and 631 of the Act.”
The subpoena requires providers to deliver any and all documents providing customer-related information identified in Appendix A to the FCC’s Special Access Data Collection Order and Instructions for that collection. In addition to delivering the materials, providers must also deliver a signed and completed Subpoena Certificate of Compliance certifying that all materials covered by the Subpoena in possession, custody, and control of that person or business have been produced. Providers will be deemed to have submitted such a certificate if they electronically execute and submit the Certification already contained on the Special Access Web Portal.
The PSC has stayed the implementation of its December 9, 2014, Order adopting new rules for inmate calling service (ICS). The stay will be in effect until the earlier of the final adjudication of the pending appeals filed by Securus Technologies, Inc. and Global Tel*Link Corporation or July 1, 2015. The PSC reserved jurisdiction to revisit the nature and/or duration of the stay and said it would issue a notice to all interested parties when an implementation date is determined in order to ensure timely compliance. TMI Regulatory Bulletin Service subscribers see our Bulletin dated 1/19/15.