On August 7, 2024, the Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking (NPRM) that proposed improvements to significantly strengthen the rules governing its Robocall Mitigation Database (RMD). As previously outlined in our client advisory, the Commission has been making continued efforts to impose changes to the RMD submissions. These rules aim to enhance the effectiveness of robocall prevention efforts and could have substantial implications to many organizations’ compliance practices.
Key Proposed Changes:
- Enhanced Accuracy and Accountability: The NPRM proposes requiring providers to update their Commission Registration System profiles within 10 business days of any changes. This measure aims to ensure that the information in the Robocall Mitigation Database remains accurate and current.
- Multi-Factor Authentication and PIN Requirements: To strengthen security, the FCC seeks comments on implementing multi-factor authentication for database access and requiring PIN numbers for submissions. These measures are intended to enhance the integrity of the submission process, but may present challenges when using third-party service providers to make the RMD filings.
- Filing Fees and Validation Solutions: The FCC is considering the introduction of filing fees for Robocall Mitigation Database submissions and exploring technical solutions to validate submission data and flag discrepancies. Specifically, the FCC proposes to require a $100 filing fee, offsetting the Commission’s costs in analyzing each submission.
- Increased Penalties for Inaccurate/Missing Information: New base forfeiture amounts are proposed:
- $10,000 for submitting false or inaccurate information (for each violation);
- $3,000 for failure to file required forms or information;
- $1,000 for failure to update information that has changed in the Robocall Mitigation Database within 10 business days (to be treated as a continuing violation, potentially reaching $24,496 for each day of the continuing violation up to the statutory maximum of $183,718).
Additionally, the FCC plans to authorize downstream providers to block traffic from filers whose mitigation plans are facially deficient and who fail to correct these deficiencies within 48 hours of notification.
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
