; and (B) not later than 10 days after the date of discovery of the events requiring notice. (2) Notice under subsection (d) shall be delivered as promptly as possible, but not later than 1 business day after the date that the designated entity receives notice of a breach of security from a covered entity. E Enforcement 151. General application The requirements of this title shall apply to any person who— (1) collects, uses, transfers, or stores covered information concerning more than 5,000 individuals during any consecutive 12-month period; and (2) is— (A) a person over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ); (B) a common carrier subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq.), notwithstanding the definition of the term Acts to regulate commerce in section 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ) and the exception provided by section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) for such carriers