The Federal Communications Commission (“FCC” or “Commission”) yesterday published its published its new Call Blocking Order in the Federal Register, which sets the effective dates and deadlines for compliance with the new rules.
DNO Requirements
The new rule requires that each voice service provider (“VSP”) in the call path block calls that are likely to be illegal based on a carrier-specific “reasonable” do-not-originate (“DNO”) list. This rule is already in effect for gateway and messaging service providers. The new rule will extend that requirement to all VSPs.
The FCC has not yet established the deadline for the new DNO rule, but it will soon, when the Office of Management and Budget approves and publishes it. When that occurs, the rule will be effective 90 days after publication. Because of the potential liability your company could face for non-compliance, it is never too early to prepare.
A “reasonable” DNO list requires, at a minimum, the following categories of numbers:
- invalid numbers;
- unallocated numbers;
- unused numbers;
- numbers for which the subscriber has requested blocking;
- inbound-only government numbers where the government entity has requested the number be included; and
- private inbound-only numbers that have been used in imposter scams, when a request is made by the private entity assigned such a number.
There is no safe harbor for regarding the contents of a DNO list. This means that if the FCC’s Enforcement Bureau (“EB”) comes after a VSP for failing to block calls, it should have an extensive DNO list in its records in order to mitigate liability. In other words, once this rule goes into effect, a VSP that is under investigation for failure to block calls will be likely be required to provide a copy of its DNO list to EB. Accordingly, it is critical that every VSP prepare a comprehensive DNO list and use it. Note that the FCC discourages the use of “centralized lists,” because it has determined that only a VSP itself has enough information to create an effective DNO.
SIP Code 603+ for Notification of Analytics-Based Blocking
The FCC has set a deadline of March 24, 2026, for all terminating carriers that block calls using analytics (either themselves, or through third-party blocking services), to use a specific Session initiation Protocol (“SIP”) code when sending a response code to the origination point of a call. All VSPs in the call path must transmit that code. For purposes of this rule, an appropriate response code is:
- in the case of a call terminating on an IP network, the use of SIP code 603+, as defined in ATIS-1000099;
- in the case of a call terminating on a non-IP network, the use of ISDN User Part (ISUP) code 21 with the cause location “user”;
- in the case of a code transmitting from an IP network to a non-IP network, SIP code 603+ must map to ISUP code 21; and
- in the case of a code transmitting from a non-IP network to an IP network, ISUP code 21 must map to SIP code 603 or 603+ where the cause location is “user.”
Terminating providers must cease using SIP codes 603, 607, and 608 once they have implemented 603+ and in no instance later than March 24, 2026. Terminating providers may continue to use SIP code 603 where otherwise appropriate, but not for analytics-based blocking except when an intermediate or terminating providers receive ISUP code 21 and cannot reasonably determine whether SIP code 603 or 603+ is appropriate. SIP code 607 may be used for its intended purpose: to indicate that a call was blocked at the subscriber’s direction without the use of analytics.
Coming Soon
Rich Call Data and Other Caller Name Tools
The FCC has, for now, declined to require the display of caller name information when a provider chooses to display an indication that caller ID has been authenticated. But the FCC believes that displaying caller name or other enhanced call information, once a reliable solution is available, will provide significant benefit to consumers, particularly when combined with an indication that caller ID has been authenticated. The FCC encourages the telecom industry to develop and standardize tools to ensure that this information is provided to consumers without additional charge to the call recipient. The Commission intends to continue monitoring developments in this area in order to promulgate a rule mandating the use of enhanced call information.
The CommLaw Group Can Help!
The CommLaw Group is happy to advise on best practices for robocall mitigation and STIR/SHAKEN compliance. 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.
CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS
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
