Expressing concern about gaps in STIR/SHAKEN authentication due to calls traversing non-IP sections of the call chain, the Federal Communications Commission (“FCC” or “Commission”) released a Notice of Proposed Rulemaking (“NPRM”) soliciting comments on its plan to mandate that voice service providers (“VSPs” – including gateway providers and non-gateway intermediate providers) that have not fully upgraded their networks to IP implement non-IP caller ID authentication frameworks in the non-IP portions of their networks by a date certain.
The TRACED Act, passed in 2019, requires the Commission to provide an indefinite extension for VSPs to implement non-IP caller ID authentication until an authentication solution has been developed for calls delivered over non-IP networks and is reasonably available. The Commission has tentatively concluded that such solutions do exist. To that end, the FCC has devised two criteria for evaluating whether a non-IP caller ID authentication framework exists that satisfies the terms of the Congressional requirement for repealing the continuing extension. Such a framework must be: (1) “fully developed and finalized by industry standards,” and (2) reasonably available such that “the underlying equipment and software necessary to implement such protocol is available on the commercial market.”
The FCC seeks comment on its supposition and its evaluation criteria, including whether any alternative interpretations of the Congressional requirements in the TRACED Act should be considered. The Commission also seeks comment on a myriad of factors, including:
- whether the technical elements of a framework have been published and are accessible by providers or vendors that make frameworks commercially available;
- whether a framework is ready for implementation, including whether the protocol is implementable by providers;
- evidence that a framework is being marketed or otherwise offered to providers;
- evidence that a framework has been implemented by providers;
- whether such a framework’s cost and evidence that the cost can be reasonably borne by providers;
- whether the Commission should consider any other factors when evaluating whether a framework is reasonably available such that the underlying equipment and software necessary to implement such protocol is available on the market;
- whether to implement a new requirement for providers to certify in the Robocall Mitigation Database whether they have implemented a non-IP caller ID authentication framework in their non-IP networks;
- whether a two-year timeline for providers that continue to maintain non-IP infrastructure to fully implement the available non-IP caller ID authentication frameworks in their non-IP networks is reasonable; and
- whether the costs and operational hurdles associated with implementing non-IP frameworks should be considered to extend the proposed deadline.
Comments are due 30 days after the NPRM is published in the Federal Register, and reply comments are due 60 days after publication. We will issue an advisory when the NPRM is published.
The CommLaw Group Can Help!
The CommLaw Group is happy to advise on best practices for robocall mitigation and STIR/SHAKEN compliance, as well as assisting in drafting comments in this proceeding. Due to the FCC’s rapidly changing robocall mitigation rules and policies, it is critical that VSPs stay informed of all aspects of the moving target. Accordingly, if you would like additional regulatory updates tailored to the needs of your company, please contact one of our attorneys below, who will gladly provide additional information on signing up for these updates.
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Michael Donahue — Tel: 703-714-1319 / E-mail: mpd@CommLawGroup.com
Susan Duarte – Tel: 703-714-1300 / E-mail: sfd@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
