Pai Expected to Dissent on CPNI Order Unless Major Changes Made
Wireless carriers are asking that customer proprietary network information requirements only apply to mobile devices “if a carrier directed or caused CPNI to be on a mobile device and ... the carrier has access to that CPNI,” said an FCC filing. Commissioner Ajit Pai, meanwhile, has indicated he will dissent unless major changes are made to the CPNI order before Thursday’s meeting where it’s scheduled for a vote, industry and agency officials said.
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The carrier filing laid out in more detail than had emerged before on the carrier position on a declaratory order on mobile CPNI teed up for a vote at the June 27 FCC meeting. CTIA and the Competitive Carriers Association, as well as representatives of the major wireless carriers, met with FCC General Counsel Sean Lev and Louis Peraertz, an aide to acting Chairwoman Mignon Clyburn, as well as other agency officials. It was the third meeting on record in the last week, and carriers have now met with aides to all three commissioners, as well as with Pai.
"CTIA and CCA highlighted that its members take security and privacy seriously and are committed to protecting CPNI that a carrier causes to be stored on mobile communications devices,” the filing said on Monday’s meeting (http://bit.ly/122Vrqi). “CTIA urged caution in defining or giving examples of what is reasonable behavior regarding protecting CPNI. Also, the Commission should continue to take account of costs and benefits in light of the technologies already implemented by carriers.”
The carriers noted that other efforts are in progress on a code of conduct, including ongoing mobile privacy discussions at NTIA. “CTIA urged the Commission to facilitate those efforts and to take care not to unintentionally hinder these and other such collaborative processes,” the filing said.
"CCA is particularly concerned with commission’s reliance on ‘voluntary’ agreements entered into by particular carriers as guideposts of reasonable behavior, when many smaller carriers are not involved in the creation of these agreements or are forced to sign-on to these agreements through other regulatory commitments,” CCA President Steve Berry told us.
"It’s interesting that carriers claim complete control over devices when it benefits them, but then try like this to distance themselves from information they didn’t cause to be placed on the phone,” said Free Press Policy Director Matt Wood. “That kind of thin legal distinction may make sense in some contexts, but U.S. carriers certainly use their tight control over devices and manufactures whenever they can."
The FCC said in a notice Thursday the CPNI item will be on the agenda for next week’s meeting (http://fcc.us/16jKscm). Also on the agenda are a report and order on licensing, service, and technical rules for the H Block and a report and order on improving and streamlining the collection of broadband data. Commissioners are also to hear updates on the incentive auction of broadcast TV spectrum and on the status of USF reform.