By its Order, the Federal Communications Commission’s (FCC or Commission) Enforcement Bureau (Bureau) removes the certification of BPO Innovate from the Robocall Mitigation Database (RMD). BPO Innovate did not cure its deficient RMD certification following the Bureau’s January 9, 2024 Order.
Removal from the RMD requires all intermediate providers and terminating voice service providers to cease accepting traffic directly from BPO Innovate (BPO Innovate or Company). Furthermore, the Company is banned from re-filing an RMD certification without the prior approval of the FCC’s Wireline Competition Bureau and the Bureau.
The Bureau may remove a voice service provider’s certification from the RMD that it finds deficient. For example, a certification is deficient if it:
- inaccurately represents the provider will respond fully and in a timely manner to traceback requests as required, or
- fails to attach a robocall mitigation plan that describes specific reasonable steps a voice service provider or gateway provider has taken to avoid originating or carrying illegal robocall traffic.
Commission rules prohibit any intermediate provider or terminating voice service provider from accepting voice traffic directly from any voice service provider that does not have a Certification in the RMD. 47 CFR § 64.6305(g)(1).
According to the FCC, BPO Innovate misrepresented in its RMD certification that it will respond to all traceback requests from the Commission, law enforcement, and the industry traceback consortium. BPO Innovate received numerous traceback requests from the ITG but has not responded to any of them. Moreover, the Company’s robocall mitigation plan did not identify specific reasonable steps it has taken to avoid originating illegal robocall traffic as part of its robocall mitigation program.
This is another cautionary scenario for all voice service carriers, emphasizing the critical need for strict compliance with anti-robocall regulations to protect consumers and maintain the integrity of telecommunications services in the United States.
NEED HELP WITH ROBOCALL MITIGATION, COMPLIANCE AND LITIGATION SUPPORT/DEFENSE AGAINST BUSINESS & LEGAL CHALLENGES?
The CommLaw Group Can Help!
Given the complexity and evolving nature of the FCC’s rules, regulations and industry policies & procedures around Robocall Mitigation and Compliance issues (e.g., Stir/Shaken, TRACED Act, FCC Rules & Regulations, US Telecom Industry group, ATIS, NECA, VoIP Numbering Waivers, Know Your Customer and the private sector ecosystem), as well as the increased risk of business disputes, consumer protection enforcement by state attorneys general, and even civil litigation, and anticipating the potential 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.
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Rob Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com
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