The Federal Communications Commission (FCC) published the proposed rule aimed at addressing the growing concerns surrounding the misuse of Artificial Intelligence (AI) in robocalls in the Federal Register yesterday, starting the clock for the 30-day comment and 60-day reply comment period.

As covered in our prior advisory, if adopted, the proposed rule would define AI-generated calls, require callers to disclose to consumers when they receive an AI-generated call and specifically mention if the business may use AI-generated calls when seeking prior written express consent under the Telephone Consumer Protection Act (TCPA), and carve out TCPA liability protections for certain AI use cases assisting people with disabilities. The proposed rule also seeks additional comment and information on developing technologies that can alert consumers to unwanted or illegal calls and texts, including AI-generated calls.

Proposed Rule Highlights

1. Definition of AI-Generated Calls: The FCC proposes the following formal definition for AI-generated calls for the purposes of the TCPA: “a call that uses any technology or tool to generate an artificial or prerecorded voice or a text using computational technology or other machine learning, including predictive algorithms, and large language models, to process natural language and produce voice or text content to communicate with a called party over an outbound telephone call.” The FCC is seeking comments on whether this definition is necessary, accurate, and relevant.
2. Disclosure Requirements: Under the proposed rule, entities making AI-generated calls would be required to clearly disclose, at the beginning of the call, whether the call uses an artificial intelligence-generated voice and the name of the entity responsible for initiating the call. If the entity is a business, it would be required to cite the name under which it is registered to conduct business with the State Corporation Commission (or comparable regulatory authority). The FCC does not address complex corporate structure issues by specifying whether this regulatory authority should be in the caller’s state of organization or the consumer’s state of residence. This may present certain challenges for corporate groups doing business nationally using different affiliated entities with the same customer service scripts or website disclosures.

Under the proposed rule, the FCC would require that the written agreement authorizing delivery of certain artificial calls must include clear and conspicuous disclosure informing the called party that they specifically authorize the caller to make calls containing AI-generated content.

As a reminder, the FCC has already found calls made with “AI technologies, including those that either wholly simulate an artificial voice or resemble the voice of a real person taken from an audio clip to make it appear as though that person is speaking on the call to interact with consumers” to be “artificial calls” under the TCPA earlier this year, requiring a consumer’s prior express written consent and other compliance measures.

3. Support for AI-Driven Accessibility Tools: The proposal seeks to protect the positive uses of AI that facilitate access to the telephone network for individuals with disabilities. The FCC aims to ensure that AI-powered accessibility tools, such as those that assist with real-time communication for people with speech or hearing disabilities, can continue to thrive without violating the Telephone Consumer Protection Act (TCPA).
4. Addressing Unwanted and Illegal Calls: The FCC is also seeking comments on emerging technologies that can help consumers detect and block unwanted or illegal AI-generated calls and texts. This includes AI-powered solutions that alert consumers to potential robocalls.

Public Comment Filing Period

The FCC is encouraging stakeholders and the public to provide feedback on the proposed rules. Comments are due on or before October 10, 2024, and reply comments are due on or before October 25, 2024.

WE CAN HELP MAKE YOUR VOICE BE HEARD!

 If your company uses or develops AI technology for telecommunication purposes, it is essential to review these proposed rules and submit feedback before the October deadlines to ensure your interests are represented in the final rulemaking process. The CommLaw Group’s wealth of specialized telecommunications law expertise, “inside the beltway” location, ability to see strategic implications of proposed rulemaking, and advocacy experience enable our clients’ voices to be heard! If you have any questions on this new development or would like assistance filing comments to the Notice of Proposed Rulemaking and Notice of Inquiry. 

CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS

Jonathan S. Marashlian – Tel: 703-714-1313 / E-mail: jsm@CommLawGroup.com
Michael Donahue — Tel: 703-714-1319 / E-mail: mpd@CommLawGroup.com
Robert Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com   
Ronald Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com
Diana James – Tel: 703-663-6757 / E-mail: daj@CommLawGroup.com