The Request for Comments includes a focus on ensuring robocall mitigation requirements are not overly burdensome.
6/18/2020 6:30
The Federal Communications Commission needs industry input on responding to issues surrounding voice service providers’ compliance with the SHAKEN/STIR call authentication requirements in the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act.
Specifically, the FCC invites comment on what action it should take, pursuant to the TRACED Act, “if the registered consortium contemplated by the TRACED Act identifies a provider of voice service subject to a delay of compliance with the STIR/SHAKEN implementation mandate as repeatedly originating large-scale unlawful robocall campaigns,” according to the request for comment posted on the Federal Register.
The TRACED Act requires voice service providers to adopt call authentication technologies, enabling a telephone carrier to verify that incoming calls are legitimate before they reach consumers’ phones and directs the FCC to initiate a rulemaking related to unwanted calls or texts from callers, ACA International previously reported.
The Further Notice of Proposed Rulemaking from the FCC on implementation of this portion of the TRACED Act acknowledges that “some voice service providers facing barriers to implementation may be granted a delay of compliance. To keep such providers from becoming new sources of unlawful robocalls, the TRACED Act requires the commission to take action if the registered consortium identifies a provider of voice service that is subject to a delay of compliance as repeatedly originating large-scale unlawful robocall campaigns,” according to the request for comment.
The FCC seeks answers to questions such as:
- “By what standard should the consortium identify voice service providers that are originating unlawful robocall campaigns, and how should the consortium assess whether a campaign is large-scale? What does unlawful robocall campaigns mean?”
- “What action or actions should we require of identified providers to ensure they do not continue to originate unlawful robocalls? Should we prescribe specific robocall mitigation practices, and if so, what practices should we prescribe? Should we require an identified provider to submit to close monitoring of its practices? Should we, the registered consortium, or some independent third party monitor these practices?”
- “Finally, as required by the TRACED Act, how can we ensure that any robocall mitigation requirements are not overly burdensome, but achieve the goal of mitigating robocalls originated by voice service providers identified as originating large-scale unlawful robocall campaigns”
- “Should we prescribe specific robocall mitigation practices for the identified providers? Do commenters have other suggestions for how we should address voice service providers who are identified as originating unlawful robocall campaigns?””
Reponses to these questions will help shape the final rules, and, “more specifically, pursuant to its obligations in section 4(b)(5)(C)(ii) of the TRACED Act, the commission seeks input on standards and on how to guide a consortium's identification of voice service providers that “repeatedly originat[e] large-scale unlawful robocall campaigns,” according to the comment request.
Comments are due July 10, 2020, and reply comments are due on or before July 27, 2020.
Visit the Federal Register notice for instructions on how to file comments and more information.
Additional requirements of the TRACED Act are due from the FCC this month, including:
- June 29, 2020: The FCC must begin a proceeding to determine how its policies regarding access to numbering resources can be modified to reduce access to numbers by potential illegal robocallers.
- June 29, 2020: The FCC must establish an advisory committee to be known as the Hospital Robocall Protection Group.
ACA will continue to report on process of the TRACED Act implementation.
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