The Federal Communications Commission (“FCC” or the “Commission”) released an Order providing guidance that the FCC’s rules implementing Section 222 of the Communications Act of 1934, as amended (the Act), for telecommunications that were in existence prior to the 2016 Privacy Order, are again in effect pursuant to the resolution of disapproval of that Order under the Congressional Review Act.  These amendments are effective immediately upon publication in the Federal Register.

Specifically, the FCC rules implementing Section 222 of the Act at Part 64, Subpart U that were in effect prior to their amendment by the 2016 Privacy Order are again in effect, including the annual compliance certification requirements and recordkeeping requirements set out in Section 64.2009(e) and (c).  Barring further action by the FCC, carriers subject to the annual compliance certification requirement must file such a certification no later than March 1, 2018.  The Order also dismisses as moot 11 Petitions for Reconsideration of the Commission’s 2016 Privacy Order.

A copy of the amended rules is provided in Appendix A, as well as a Statement from Commission Chairman Pai and a Statement from Commissioner Clyburn.

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