The Federal Communications Commission (“FCC” or “Commission”) recently released a Notice of Proposed Rulemaking (“NPRM”) proposing new rules to mitigate malicious robotext campaigns. The FCC is soliciting public comments on whether to require mobile wireless providers to find and actively block illegal texts, as well as ideas to apply caller ID authentication standards to text messaging. The deadline for comments is November 10, 2022, and reply comments are due by December 10, 2022.
By seeking to impose new requirements on mobile carriers, the FCC proposes to extend its rigid STIR/SHAKEN regime and will be strictly enforcing the rules it promulgates in this proceeding. The compliance costs and disruption potential of some of the proposed rules are likely to be substantial. Consequently, it is critical that all stakeholders make their voices heard.
The FCC seeks comments on the following proposals:
Mandatory Blocking of Illegal Texts
Should mobile carriers be required to block text messages at the network level (i.e., without consumer opt-in or opt-out) that purport to be from invalid, unallocated, or unused numbers and numbers on the Do-Not-Call (“DNO”) list? The FCC avers that these kinds of messages are likely to be illegal (e.g., vehicles for consumer fraud, identity theft, and prohibited commercial solicitation). The following sub-issues are specifically teed-up for comment:
Applying Caller ID Authentication Requirements to Text Messages
The Commission seeks comment on its proposal to extend its STIR/SHAKEN authentication framework for IP networks (to combat spoofing of voice calls) to text messages. Related comment are sought on the following topics:
Given the complexity and evolving nature of the FCC’s rules, regulations and industry policies & procedures around Robocall Mitigation and Compliance issues and anticipating the torrent of client questions and concerns, The CommLaw Group formed a “Robocall Mitigation Response Team” to help clients (old and new) tackle their unique responsibilities. As such, we are in a solid position to discuss our clients’ businesses and how the proposed rules may affect them. Because the FCC is required to consider and report on all comments, your voice counts. We urge you to contact us soon to discuss how to target your comments in the most effective and economical way.
WE ARE STANDING BY TO GUIDE YOUR COMPANY’S STRATEGY IN THIS PROCEEDING