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 Briefing.


US Congress

House Energy and Commerce Committee Chairman Fred Upton (R-MI) and Communications and Technology Subcommittee Chairman Greg Walden (R-OR) sent a letter to FCC Chairman Tom Wheeler on the FCC’s apparent lack of consistent reporting on broadband deployment, video competition, and mobile wireless competition. They said they are concerned that the lack of consistent reporting has “been used to justify commission actions to intervene in seemingly competitive markets.” The leaders also questioned the FCC’s ever-changing definition of advanced telecommunications services, saying that “Instead of uniformity of definition, the commission has instead made broadband speed a variable in the regulatory equation. This represents the latest in series of troubling actions that distort – or outright ignore – the FCC’s requirements to produce honest, data-driven reports to inform policymakers and the public.” The leaders also posed a number of questions about the FCC’s decision-making and the impact of the FCC’s shifting definitions of broadband and effective competition. They requested a response by February 19, 2016.


The FCC released an Enforcement Advisory relating to the filing of the 2015 Annual Customer Proprietary Network Information (CPNI) Certifications due March 1, 2016. The FCC said that failure to file a timely and complete certification calls into question whether a company has complied with the rules requiring it to protect the privacy and security of its customers’ sensitive information. It also reminded telecommunications carriers and interconnected VoIP providers that failure to comply with the CPNI rules, including the annual certification requirement, may subject them to enforcement action, including monetary forfeitures of up to $160,000 for each violation or each day of a continuing violation, up to a maximum of $1,575,000.


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