In the aftermath of the FCC’s adoption of new privacy rules and overhaul of existing CPNI regulations, many firm clients have noted their interest in receiving clear guidance on not just the FCC’s privacy rules (and associated data security issues), but also the Federal Trade Commission’s rules, as well.  The FCC and FTC regulatory regimes are undeniably distinct, and their application to different types of services and service providers have the potential to create uncertain and unbalanced playing field.  

Our clients have asked us to help them decipher the rules and assist in their efforts to comply with the relevant regulations applicable to their business.  As a result, we are currently planning to produce a new in-depth educational resource, a “Comprehensive Guide to Compliance with FCC and FTC Privacy Regulations:  For Service Providers and Vendors in the Internet, Data and Communications Solutions Ecosystem.”

Here’s what we intend to include in this guide:

• What rules apply? 
  • Clear guidance on the privacy regulations that apply to businesses based on the service classification of the business. 
  • We will specifically distinguish between FCC/FTC; and among different telecom service classifications. 
• What do the rules say? 
  • A delineation of what the FCC’s new rules are, and what the FTC’s guidelines say. 
  • The emphasis will be on providing clear examples and practical advice on implementation and compliance, not on summarizing discrete legal issues.
• Checklists and Recommendations: 
  • Checklists for main portions of the new rules that can help your business develop internal compliance practices that ensure full compliance with every applicable aspect of the new rules. 
  • Recommendations and practical steps on implementation accounting for unique challenges facing telecommunications businesses.
• Clarifying Application of Rules: 
  • We will address frequently asked questions that clear up key areas of confusion that will help streamline implementation and internal compliance.
• Covers all areas of the new privacy rules, including: 
  • Notice
  • Customer consent
  • Security practices
  • Data breach remediation
  • Banned practices, and
  • Enforcement action defense.

We estimate the cost to produce this guide to be $10,000.  Shared equally, if we enlist 10 clients (or sponsors), the cost is $1,000 per client.  If we enlist 20, the cost will be $500.  If the cost of production is higher than $10,000, we will not charge more than an equal amount to all sponsors.

If you are interested in sponsoring the production of the “Comprehensive Guide to Compliance with FCC and FTC Privacy Regulations:  For Service Providers and Vendors in the Internet, Data and Communications Solutions Ecosystem,” please email Jonathan S. Marashlian at jsm@commlawgroup.com.