COMPLIANCE DATE SET FOR 24-HOUR TRACEBACK RESPONSE AND OTHER REQUIREMENTS FROM THE FCC’S MAY 2023 ORDER

This note updates the June 1, 2023 alert regarding the further robocall mitigation requirements adopted by the FCC in May.  Find the earlier CCA alert here: https://cloudcommsstag.wpengine.com/another-round-of-robocall-obligations-and-still-more-to-come/  The following requirements will become effective on January 8, 2024.

• All voice providers must fully respond to traceback requests with 24 hours.
• All originating voice service providers must block illegal traffic upon notification by the FCC that they are carrying identified illegal traffic. Traffic substantially similar to the identified illegal traffic must also be blocked. This replaces that current rule that requires originating providers to take mitigating action (but not necessarily block) traffic upon FCC notice.
• If a provider receives a notice described above but is not the originating provider, it must immediately identify the upstream provider and take lawful steps to mitigate the traffic.
• Providers downstream of an originating or gateway provider that fails to block calls after FCC notification must block all traffic from that provider. The FCC will issue an order identifying the provider whose traffic must be blocked.
• All intermediate and terminating providers must take steps to know their immediate upstream provider, effectively making all provides in the call path responsible for the calls that transit their networks. The FCC does not define the exact due diligence steps to be taken other than they be effective.  Examples of effective steps include obtaining a physical address, contact person(s), state or country of incorporation, federal tax ID, and understanding the nature of the upstream provider’s business.

The FCC’s May order also required providers to update their robocall mitigation plan filed in the robocall mitigation database (RMD) to certify to compliance with these new obligations.  The deadline for updating the RMD filing has not yet been set.

Please contact Michael Pryor, mpryor@bhfs.com or Mark Iannuzzi, Chairman of the CCA regulatory committee, if you have any questions.