Yesterday, the Federal Communications Commission’s (“FCC”) Notice of Proposed Rulemaking (“NPRM”) regarding new stringent rules for Voice Service Providers (“VSPs”) and their filings in the Robocall Mitigation Database (“RMD”) was published in the Federal Register. Comments are due by October 15, 2024, and reply comments must be submitted on or before November 12, 2024.

As discussed in our August 9 Client Advisory, the proposed rules, if adopted, will impose significant new costs and liabilities on VSPs, with potentially severe consequences for their businesses. Key proposals include:

• Blocking Traffic: Downstream providers would be authorized to block traffic from VSPs that have received notice of deficiencies in their robocall mitigation plans and failed to correct them within 48 hours.
• Technology Scanning RMD Submissions: The FCC would implement technology to scan RMD submissions, flag data discrepancies, and require providers to resolve these discrepancies before submission acceptance.
• Penalties for False Information: VSPs would face base penalties of $3,000 and maximum penalties of $10,000 for submitting inaccurate or false information to the RMD, or for failing to update information that has changed within 10 business days (e.g., by cross-referencing CORES data).
• Enhanced Security: Multi-factor authentication would be required each time a provider accesses the RMD, along with the need for a unique Personal Identification Number (“PIN”) to be provided for submission acceptance.
• Filing Fees: A $100 filing fee would be imposed for all submissions to the RMD.

These proposed changes have raised concerns among VSPs about the operational and economic impact of compliance. However, businesses do not have to face these challenges alone.

The CommLaw Group’s Coalition to Advocate Before the FCC

In response to the potentially adverse implications of these proposed rules, The CommLaw Group is actively forming an Ad Hoc Coalitionof clients and other small businesses concerned about the economic and operational burdens these rules may create. Our goal is to engage in a coordinated advocacy campaign before the FCC, ensuring that the voices of smaller businesses are heard.

This coalition will consist of both clients and non-clients who wish to express their concerns about the proposed rules and, equally important, preserve their right to appeal any onerous regulations that are not supported by the evidence in the record. Participation in this coalition not only provides a united front before the FCC but also keeps open the potential for legal recourse through the Courts of Appeal, where there may be a better opportunity for reversal or reconsideration.

Given the Supreme Court’s recent decision to overturn Chevron Deference, participating in federal rulemaking proceedings is more important than ever. With the elimination of Chevron, agencies like the FCC may face more significant legal challenges when their regulations are perceived as not grounded in clear statutory authority. This opens new opportunities for businesses to successfully challenge agency decisions. For more insight into the implications of Chevron’s removal, we encourage you to read our detailed article in Tele-Tech Talk.

Call to Action: Join Our Advocacy Efforts

If you are interested in joining this coalition to make your concerns known and potentially influence the FCC’s final decision, we invite you to contact Ron Quirk at req@commlawgroup.com. By banding together, small and medium-sized businesses can have a powerful impact on shaping regulatory policy and protecting their operations from overly burdensome rules.