As delineated in a recent Client Advisory, the Federal Communications Commission (“FCC” or “Commission”) is proposing new rules to mitigate malicious robotext campaigns. The FCC is soliciting public comments on whether to require mobile wireless providers to, among other things, find and actively block illegal texts, as well as ideas to apply caller ID authentication standards to text messaging. The November 10, 2022 deadline for interested parties and stakeholders to submit comments on the proposed rules is fast approaching!
This proceeding has serious implications not just for mobile carriers, but for all providers of SMS/text messaging services; indeed, the proposed rules could have material implications for providers of business-to-business text messaging. By seeking to impose new robotext mitigation requirements, the FCC proposes to extend its rigid STIR/SHAKEN regime on mobile carriers. As voice carriers have discovered, STIR/SHAKEN compliance costs and business disruption potential are quite substantial. These issues will most certainly be matters of concern for mobile carriers and other providers of B2B messaging services. Consequently, it is critical that all stakeholders make their voices heard in this proceeding.
Since the release of our Client Advisory, our firm has received inquiries from a few clients interested in banding together to advocate for rules that are fair, that do not impose unnecessary costs or complexities on their businesses, while also achieving the Commission’s goal of ensuring SMS/text messaging remains a trusted method of communication that does not suffer the fate of the voice network, which is inundated with illegal and unwanted robocalls. By banding together, multiple providers can also share in the cost of participating in the proceeding.
While the FCC is required to review and respond to all comments, joint comments tend to carry more weight as they illustrate that a number of stakeholders have the same concerns about how the proposed rules will affect their businesses, as well as their impact on the mobile wireless marketplace in general.
Because the comment deadline is rapidly approaching, we request that any interested parties contact us as soon as possible to discuss issues of concern, scope of work, legal strategy, and costs (which will be economically divided among the commenters).
WE ARE STANDING BY TO DISCUSS YOUR COMPANY’S STRATEGY IN THIS PROCEEDING
Please contact Ron E. Quirk no later than Monday, October 31st if you are interested in joining forces with other stakeholders and filing joint comments.