FCC Reminds Connect America Phase I Challenge Participants to Protect Customer Privacy in Challenge Process

The Federal Communications Commission’s Wireline Competition Bureau reminds parties interested in participating in the Connect America Phase I challenge process that all filings should protect customer privacy consistent with applicable privacy laws and regulations.

In the Phase I Round 2 Order, the FCC established a challenge process by which a provider could submit evidence showing that it serves a particular census block. The FCC noted that certain types of information might be probative, including “customer billing records, appropriately redacted to preserve customer privacy.” To the extent a provider’s records are subject to laws or regulations related to customer proprietary network information, customer billing records should not be submitted if doing so is inconsistent with such laws or regulations.3 Providers should also consider the applicability of the Electronic Communications Privacy Act as well as the prohibitions related to customer privacy described in 47 U.S.C. § 551.