A Further Notice of Proposed Rulemaking (“FNPRM”) whereby the Federal Communications Commission (“FCC” or “Commission”) proposes to impose stringent Know Your Customer (“KYC”) requirements on originating voice service providers (“OSPs”) has been published in the Federal Register. Comments on the proposed requirements are due by June 25, 2026, and the deadline for reply comments is July 27, 2026.
As we delineated in a prior client advisory, the FCC seeks comments on its proposal to require OSPs (i.e., the voice carriers that handle outgoing calls from a customer at the point where they first interface with the public network) to obtain and retain specific identifying information from new and renewing customers in order to comply with the Commission’s robocall mitigation rules. The Commission also proposes a base monetary forfeiture of $2,500 per call for on carriers that violated the new rules. At this time, the FCC does not plan on imposing these requirements on intermediate or terminating carriers.
The FCC solicits comments on requiring OSPs to, at a minimum, obtain and retain the following information from its customers:
- name, physical address, government issued identification number;
- an alternate telephone number; and
- for high-volume customers, the intended use of the service, and the customer’s IP address from which each call will be placed (if applicable).
The Commission also seeks input on various sub-issues, including:
- privacy concerns concerning collection of personally identifiable information (“PII”);
- whether more KYC information should be collected;
- possible burdens on smaller OSPs regarding the new requirements;
- how “new,” “renewing,” and “high-volume” customers should be defined;
- whether the KYC requirements should vary depending upon whether the customer is seeking a prepaid or postpaid service plan;
- whether OSPs should be obliged to obtain supporting records to verify the customer’s identity, such as copies of government-issued identification;
- whether OSPs be required to re-verify KYC information in response to changes in traffic patterns or other red flags that may suggest illegal calls, or re-verify that data on an ongoing basis;
- should OSPs be required to retain KYC information and supporting records for four years following termination of the customer relationship; and
- whether the Commission should, as an alternative to adopting specific KYC requirements, issue baseline KYC guidance or expectations that act as a regulatory safe harbor.
This proceeding is yet another example of the Commission continually imposing new robocall mitigation requirements on voice carriers. Accordingly, it is critically important that OSPs and other stakeholders proactively engage in this proceeding to inform the Commission of their concerns about the harm the new regulatory burdens will inflict on their businesses and customers.
The CommLaw Group Can Help!
The CommLaw Group is happy to assist clients with strategizing and drafting comments in this proceeding. With each new rule comes additional enforcement efforts, and it behooves OSPs to make strong efforts to mitigate such risks. A $2,500 per-call fine can quickly add up to substantial financial damage, particularly for a small business,
CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS
Jonathan Marashlian – Tel: 703-714-1313 / E-mail jsm@commlawgroup.com
Diana James – Tel: 703-663-6757 / E-mail: daj@CommLawGroup.com
Rob Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com
Ron Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com