UPDATE

December 2, 2011 

Broadband Service Providers Must Use 2010 Census Tract Data Beginning with Form 477 Due March 1, 2012 

The FCC’s Wireline Competition Bureau recently released a public notice announcing that broadband service providers must use 2010 Census tract data to report broadband subscribership information in the Form 477 filing due March 1, 2012.  The Wireline Competition Bureau released the public notice in response to informal inquiries from broadband service providers.  

To facilitate the transition to 2010 census tracts, the Wireline Competition Bureau will modify the FCC’s Form 477 electronic filing system.  Beginning December 31, 2011, the electronic system will only recognize 2010 Census tract codes for future filings.  At the same time, the electronic system will continue to accept 2000 Census tract codes for revisions to previous filings.  

Further information about the Form 477 and 2010 Census tracts is available online: 

• Census Tract Information, Filing Instructions, and a Link to File Form 477:                          http://transition.fcc.gov/form477  
• 2010 Census Tract Reference Maps: http://www.census.gov/geo/www/maps/pl10_map_suite/tract.html  
• 2010 Census Tract Relationship Files: http://www.census.gov/geo/www/2010census/tract_rel/tract_rel.html  

For more information about the changes to 2010 Census Tract data or for more information about filing the Form 477, please contact Scott Friedman at (312) 372-3930.

Copyright Forms and Fees Due March 1, 2012

Cable operators must file with the U.S. Copyright Office their Statement of Account (Form SA1-2 or SA3) and pay any royalty fees due for the July 2011 – December 2011 accounting period by March 1, 2012.  

The following forms apply:  

• SA1-2 Short Form. For use by cable television systems with semiannual gross receipts of less than $527,600. 
• SA3 Long Form. For use by cable television systems with semiannual gross receipts of $527,600 or more. 

Copyright royalty fees must be remitted by electronic payment. 

Note:  Cable operators must now report all distant multicast streams.  The 2010 Satellite Television Extension and Localism Act amended the definition of “primary transmission” to include both the primary stream and any multicast streams (simulcasts are excluded), and delayed the applicability of distant multicast streams until the July 2010 – December 2010 accounting period. 

If you have any questions about copyright forms or fees, please contact Heidi Schmid at (312) 372-3930. 

CPNI Officer’s Certificate Due On or Before March 1, 2012

The FCC’s CPNI rules require that an officer of an interconnected VoIP provider file an annual certificate with the FCC stating that the officer has personal knowledge that the provider has established operating procedures adequate to ensure compliance with the FCC’s CPNI rules.  The carrier must also provide a statement explaining how its operating procedures ensure that it is in compliance with the FCC’s CPNI rules.  The annual certificate for 2011 must be filed on or before March 1, 2012. 

The provider must also include, if applicable, an explanation of any actions taken against data brokers and a summary of all customer complaints concerning the unauthorized release of CPNI received in the past year.  The officer’s certificate, as well as the information noted above, must be filed in and reference EB Docket No. 06-36. 

In past years, the FCC has issued Public Notices in January and February offering further guidance regarding the filing of the officer’s certificate, including an acceptable sample form.  Use of the sample form is not mandatory provided all required information is included.  

If you have any questions regarding CPNI or the filing of the officer’s certificate, please contact Bruce Beard at (636) 778-0646.

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Please visit our website at www.cinnamonmueller.com http://www.cinnamonmueller.com to learn more about our lawyers and practice.  You can reach Cinnamon Mueller at (312) 372-3930.  This update is provided by the law firm of Cinnamon Mueller.  The document is intended for informational purposes only as a service to clients of Cinnamon Mueller and to the members of the American Cable Association.  It is not intended to provide specific legal advice or to substitute obtaining appropriate legal counsel.  We encourage you to consult with counsel to address special compliance issues and for assistance in negotiating or handling any such matter referred to in the update.