The Federal Communications Commission’s (“FCC” or “Commission”) “incremental, multi-pronged approach to protecting consumers from illegal calls” continues apace with the release of its Draft Eighth Call Blocking Report and Order (“R&O”), which will be considered and likely adopted in full at the Commission’s Open Meeting on February 27, 2025.
The R&O contains two new rules that will go into effect within the next year: (1) all voice service providers (“VSPs”) will be required to block suspicious calls based on a reasonable do-not-originate (“DNO”) list; and (2) VSPs that block calls based on analytics must use Session Initiation Protocol (“SIP”) code 603+ to notify callers whose calls are blocked.
DNO List
The R&O expands the existing rule requiring gateway and messaging providers to block calls that are likely to be illegal based on a “reasonable DNO” to all VSPs. That rule will be effective 90 days after publication in the Federal Register.
The FCC declined to define the scope of a reasonable DNO, stating only that such a list could include “only invalid, unallocated, and unused numbers, as well as numbers for which the subscriber has requested blocking.” The Commission added the caveat that it may “deem unreasonable a list so limited in scope that it leaves out obvious numbers that could be included with little effort.” Moreover, the FCC will require VSPs to “constantly update DNO lists, especially if they include unused numbers that could go into use at any time…” The Commission acknowledged that smaller VSPs may use a less extensive DNO list than larger carriers, especially in situations where other VSPs in the call chain must block suspicious calls.
In sum, the FCC wants each VSP to prepare its own “provider-selected” DNO, because it presumably knows its own network, and is thus “better positioned to determine what types of numbers should be prioritized.” Importantly, the FCC refused to impose a safe harbor for VSPs blocking on a reasonable DNO list because it does not know what liability a VSP would face for blocking based on same.
603+ SIP Code
The R&O also requires that all VSPs that block calls on Internet Protocol (“IP”) networks based on reasonable analytics, but not a DNO list, use the 603+ SIP code to transmit an appropriate response code to the origination point of the call, i.e., the caller. VSPs that block calls based on analytics must perform necessary software upgrades to ensure the 603+ SIP code is appropriately mapped. Further, VSPs must ensure that calls that transit over Time Division Multiplexing (“TDM”) and IP networks return an appropriate code when calls are blocked based on analytics, and the correct Integrated Services Digital Network User Part (“ISUP”) code for that purpose is 21.
VSPs that are using the standard version of SIP code 603, or SIP codes 607 or 608 must cease their use of those code and implement 603+ as of the effective date of the new rule. That date is 12 months after the rule is published in the Federal Register. If a VSP deploys 603+ prior to that deadline, it must immediately stop using any other SIP code for blocking based on analytics.
The CommLaw Group Can Help!
The CommLaw Group is happy to advise on the 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.
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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
