On August 3, the Federal Communications Commission (FCC, Commission) will consider a Notice of Proposed Rulemaking (NPRM) seeking to propose and seek comment on additional procedural measures to increase quality of submissions in the Robocall Mitigation Database.

The FCC explains that there is a great public interest in Robocall Mitigation Database submissions being complete, accurate, and up-to-date, since it is a critical tool to ensure compliance with the FCC’s caller ID authentication and robocall mitigation rules.

The FCC will accept comments 30 days after the NPRM’s publication in the Federal Register and reply comments 30 days thereafter.

Background

All U.S. voice service providers, intermediate providers, and gateway providers are required to register in the Robocall Mitigation Database and file robocall mitigation plans with the FCC describing the reasonable steps they take to mitigate illegal robocalls and disclosing other required information.

The FCC has been reaching out to those with deficient filings, urging them to comply or face removal from the Database. If an entity fails to register or is deleted from the Database by the FCC, other providers must block their traffic. Reinstatement in the Database may take anytime from 6 to 12 or more months, resulting in the loss of business for that time and legal costs.

What the Notice of Proposed Rulemaking Would Do:

1. Propose and seek comment on additional steps filers should be required to affirmatively take to ensure the accuracy of information submitted to the Robocall Mitigation Database, and to ensure that such information remains accurate and up-to-date over time, including:
   1. Requiring providers to update information they have submitted to the Commission Registration System (CORES) within 10 business days of any changes, to ensure that the information automatically populated into Robocall Mitigation Database submissions from that system is current;
   2. Requiring multi-factor authentication each time a provider accesses the Robocall Mitigation Database; and
   3. Requiring providers to obtain a unique Personal Identification Number (PIN) that must be provided before the Robocall Mitigation Database will accept a submission.
2. Seek comment on requiring providers to remit a filing fee for submissions to the Robocall Mitigation Database.
3. Seek comment on any technical solutions that the Commission could deploy to validate data in submissions and flag discrepancies before they are accepted by the Robocall Mitigation Database.
4. Propose to establish a separate base forfeiture amount for submitting false or inaccurate information to the Robocall Mitigation Database or failing to keep information up-to-date.
5. Propose to authorize downstream providers to permissively block traffic by Robocall Mitigation Database filers that have been given notice that their robocall mitigation plans are facially deficient and that fail to correct those deficiencies within 48 hours.
6. Seek comment on additional procedural steps the Commission could require to encourage providers to submit accurate and complete information to the Robocall Mitigation Database and CORES and keep that information current.

Potential Impact of Proposed Rules

While the proposed rules aim to enhance the effectiveness of the FCC’s efforts to combat illegal robocalls, they impose several burdens on voice service providers, including increased administrative overhead, financial impact, and operational challenges. Providers, especially smaller ones, may find these requirements particularly challenging, requiring additional investments in technology, training, and compliance infrastructure.

While these measures are essential for consumer protection, we call upon the telecom industry to file comments explaining to the FCC in detail the challenges the proposed rules could introduce and potentially proposing other solutions.

WE CAN HELP MAKE YOUR VOICE BE HEARD! 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,

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
Rob Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com   
Ron Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com
Diana James – Tel: 703-663-6757 / E-mail: daj@CommLawGroup.com