The FCC released a Report and Order and Further Notice of Proposed Rulemaking, CC Doc. No. 96-115, WC Doc. No. 04-36, FCC 07-22, on April 2, 2007, strengthening rules that protect customer proprietary network information (CPNI), which is conllected and held by providers of communications services. Pursuant to 47 CFR Section 222, the FCC adopted rules focused on efforts of communications service providers to prevent "pretexting." The rules require providers to adopt additional privacy safeguards to limit pretexters' ability to obtain unauthorized access to personal customer information from carriers. The rules also further the Telephone Records and Privacy Protection Act of 2006, that helps to ensure that law enforcement will have the tools necessary to investigate and enforce prohibitions on illegal access to customer records.
On January 12, 2007, President George W. Bush signed into law the ÂTelephone Records and Privacy Protection Act of 2006, which responded to the problem of Âpretexting, or seeking to obtain unauthorized access to telephone records, by making it a criminal offense subject to fines and imprisonment. In particular, pretexting is the practice of pretending to be a particular customer or other authorized person in order to obtain access to that customerÂs call detail or other private communications records. The Telephone Records and Privacy Protection Act of 2006 Act found that such unauthorized disclosure of telephone records is a problem that Ânot only assaults individual privacy but, in some instances, may further acts of domestic violence or stalking, compromise the personal safety of law enforcement officers, their families, victims of crime, witnesses, or confidential informants, and undermine the integrity of law enforcement investigations.Â
On April 2, 2007, the Commission released an order that responded to the practice of pretexting by strengthening its rules to protect the privacy of customer proprietary network information (CPNI) that is collected and held by providers of communications services. Section 222 of the Communications Act (Act) requires telecommunications carriers to take specific steps to ensure that CPNI is adequately protected from unauthorized disclosure. Pursuant to section 222, the Commission adopted new rules focused on the efforts of providers of communications services to prevent pretexting. These rules require providers of communications services to adopt additional privacy safeguards that, the Commission believes, will sharply limit pretexters ability to obtain unauthorized access to the type of personal customer information from carriers that the Commission regulates. In addition, in furtherance of the Telephone Records and Privacy Protection Act of 2006, the CommissionÂs rules help ensure that law enforcement will have necessary tools to investigate and enforce prohibitions on illegal access to customer records.
In light of the importance of this issue to the public interest, the Commission seeks to implement these rules within an aggressive amount of time. To this end, the Commission identified six months after the CPNI OrderÂs effective date as a sufficient period of time for carriers and interconnected voice over Internet protocol (VoIP) providers to implement the internal systems changes, practices, and policies necessary to effectuate the new rules. Implementation of the new anti-prexteting rules upon the expiration of that period on December 8, 2007, is crucial, given the important consumer and public safety considerations raised by pretexting that demand near immediate action. The Commission cannot comply with the normal clearance procedures set forth in 5 C.F.R. § 1320 because the use of normal clearance procedures is likely to prevent the timely implementation of these critical safeguards to protect against the loss of CPNI through unlawful pretexting activity. OMB emergency approval thus is vital to the timely implementation of those consumer protections and law enforcement tools, consistent with section 222 of the Act and the Telephone Records and Privacy Protection Act of 2006. This request for emergency processing is consistent with section 1320.13(a)(2)(i) of OMB regulations, 5 C.F.R. § 1320.13(a)(2)(i), which states that requests for emergency processing shall be accompanied by a written determination that the agency cannot reasonably comply with the normal clearance procedures under this part because Â[p]ublic harm is reasonably likely to result if normal clearance procedures are followed.Â
To reiterate, the Commission is requesting that OMB approve these information collection requirements under the Âemergency processing provisions of the PRA by December 7, 2007, pursuant to 5 C.F.R. § 1320.13(b).
The Commission attributes the reduction in the total annual hourly burden to several factors. We have re-evaluated the amount of time that it will take respondents to perform these information collection and recordkeeping requirements. We now believe that respondents have adopted information technology, office automation techniques, and standardized business practices and routines to increase their efficiency in most areas of their businesses functions, including collection and protection of CPNI, and as a result we also believe that the respondents have adopted similar information technology, office automation techniques, and standardized business practices and routines to reduce their hourly burden requirements, Âin house costs, and annual costs that are required to collect the information.
$0
No
No
Uncollected
Uncollected
Uncollected
Uncollected
Adam Kirschenbaum 2024187280
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
0715_Emergency Justification Statement_102207 final.doc
0715 FRN_R&O and FNPRM FCC 07-22_060807.pdf
Telecommunications Carriers' Use of Customer Proprietary Network Information (CPNI) and Other Customer Information, CC Docket No. 96-115