The request for comment on the FCC’s proposed rulemaking is an opportunity for ACA International and the ARM industry to advance advocacy leading to much-needed clarity and caller protections from the regulator. ACA will host a webinar on the new call blocking and labeling order July 23.
7/20/2020 14:00
Following the release of its order on call blocking and labeling last week, the Federal Communications Commission also issued a Further Notice of Proposed Rulemaking (FNPRM) providing ACA International and industry stakeholders the opportunity to comment on expanding redress requirements, including the establishment of notification procedures and timelines for response.
The FCC voted 5-0 July 16 to adopt an order on call blocking and labeling that includes two safe harbors for voice service providers and some protections for legitimate calls.
ACA focused on advocating for protections for legitimate callers and appropriate redress options after the FCC released the draft order on call blocking and labeling in June and these efforts are paying off as the FCC is starting to focus on solutions for callers that could create much-needed clarity and protections.
Key points from the final order include:
- The first safe harbor protects phone companies that use reasonable analytics, including caller ID authentication information, to identify and block illegal or unwanted calls from liability.
- The second safe harbor protects providers that block call traffic from bad actor upstream voice service providers that pass illegal or unwanted calls along to other providers after being notified of unwanted traffic on their network and still failing to take action to stop these calls.
- Voice service providers must maintain a single point of contact for blocking disputes but may also offer a “web portal, chat bot, or other electronic means of contact.”
- The investigation and resolution of complaints must “come at no cost to the caller, so long as the complaint is made in good faith.”
Discussions about the order indicate that the commission considered and included additional protections for legitimate callers.
Opportunity to Comment
The FNPRM includes the opportunity to comment on additional steps to protect consumers from robocalls and better inform them about provider blocking efforts. The notice specifically seeks comment on whether to obligate phone companies to better police their networks against illegal calls, and whether to require them to provide information about blocked calls to consumers for free. In addition, the notice seeks comment on notification and effective redress mechanisms for callers when their calls are blocked, and on whether measures are necessary to address the mislabeling of calls.
Stakeholders are also asked to comment on how implementation of “effective robocall mitigation programs” could help protect consumers “from receiving unwanted unauthenticated calls” when using voice service providers that are unable to meet the SHAKEN/STIR call authentication implementation deadline.
There is also a new section in the FNPRM seeking comment on extending the safe harbor.
Specifically, the FNPRM states the FCC seeks comment on “extend[ing] our safe harbor to cover network-based blocking, which providers would do on behalf of their customers without those customers having to opt in or out, based on reasonable analytics that incorporate caller ID authentication information, so long as the blocking is specifically designed to block calls that are highly likely to be illegal and is managed with sufficient human oversight and network monitoring to ensure that blocking is working as intended.”
The FCC is also seeking input on the expansion of redress requirements including “setting a more concrete timeline for redress options” and how to address the mislabeling of calls.
ACA encourages members representing agencies calling consumers to respond to the FNPRM or share their comments with Vice President and Senior Counsel of Federal Advocacy Leah Dempsey at [email protected].
Comments are due 30 days from publication in Federal Register and reply comments are due 60 days from publication, meaning a September or October deadline. ACA will provide an update when the FNPRM is posted on the Federal Register and host a webinar for members on the call blocking and labeling order.
Sign up for ACA’s webinar at 3 p.m. CDT July 23, to learn more about the order and FNPRM from Dempsey and Mark Brennan, lead innovation partner, and Arpan Sura, counsel, from Hogan Lovells US LLP.
During the webinar, ACA’s panel of experts will dive into the finer details of the order and provide insights into what the ARM industry should focus on in coming months in regard to call blocking and labeling.
For more information on how the ACA Licensing staff can assist with your licensing needs, please contact us at [email protected] or call (952) 926-6547.