FCC Adopts Order Under TRACED Act for Reporting Unlawful Robocalls and Caller ID Spoofing

On Thursday, the Federal Communications Commission unanimously approved a report and order  under Section 10a of the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act to implement a streamlined process for private entities to report calls that may be unlawful and callers who are using legitimate businesses’ caller IDs.

“The new online portal will allow such entities to alert agency investigators of concerning incidents, including floods of robocalls like those that have been known to clog up hospital phone lines,” according to a news release from the FCC .

When a private entity submits a report through the online portal, it will collect their contact information and details about the robocall campaign they are concerned about, according to the FCC. The Consumer and Governmental Affairs Bureau may then initiate an investigation to stop the robocalls and may work with federal and/or state partners to address the issue.

The report and order also requires private entities using the portal to submit certain minimum information including, but not necessarily limited to, the name of the reporting private entity; contact information, including at least one individual name and means of contacting the entity (e.g., a phone number); the caller ID information displayed; the phone number(s) called; the date(s) and time(s) of the relevant calls or texts; the name of the reporting private entity’s service provider and a description of the problematic calls or texts.

The new process will not affect the current informal complaint process that the Consumer and Governmental Affairs Bureau manages, according to the FCC.

The bureau will implement the portal once it receives the requisite approvals from the Office of Management and Budget. The report and order will take effect 30 days after it is published in the Federal Register.

The commission is seeking comment on moving the deadline for additional providers to June 30, 2022. The deadline for most providers is June 30, 2021.

At its May meeting, the Federal Communications Commission approved a Further Notice of Proposed Rulemaking  (FNPRM) seeking comment on shortening the amount of time afforded to certain small voice service providers for implementing Caller ID authentication using the STIR/SHAKEN framework, according to a news release .

As a result, the deadline for those providers is now proposed to be June 30, 2022.

Implementation of caller ID authentication technology—specifically, the framework known as STIR/SHAKEN—will reduce the effectiveness of illegal spoofing, allow law enforcement to identify bad actors more easily, and help voice service providers identify calls with illegally spoofed caller ID information before those calls reach their subscribers, according to the FCC.

The FNRPM approved May 20 is “to fight illegal robocalls by proposing to accelerate the date by which small voice service providers that originate an especially large amount of call traffic must implement the STIR/SHAKEN caller ID authentication framework,” according to the meeting notice.

According to the FNPRM notice, the FCC is requiring most voice service providers to implement this technology in their Internet Protocol (IP) networks by June 30, 2021. The FCC granted some providers— including smaller voice service providers with 100,000 or fewer subscriber lines—until June 30, 2023, to implement the technology.

“New evidence suggests, however, that a subset of small voice service providers appears to be originating a large and increasing quantity of illegal robocalls,” according to the FCC.

In addition to the shorter deadline for STIR/SHAKEN, the FNRPM would:

The proposal includes an accelerated date for smaller voice service providers to implement the STIR/SHAKEN caller ID authentication framework.

The Federal Communications Commission will consider a Further Notice of Proposed Rulemaking  (FNPRM) during its Thursday, May 20 meeting  “to fight illegal robocalls by proposing to accelerate the date by which small voice service providers that originate an especially large amount of call traffic must implement the STIR/SHAKEN caller ID authentication framework,” according to the meeting notice.

The FCC is requiring most voice service providers to implement this technology in their Internet Protocol (IP) networks by June 30, 2021. The FCC granted some providers, including smaller voice service providers with 100,000 or fewer subscriber lines, until June 30, 2023, to implement STIR/SHAKEN.

“New evidence suggests, however, that a subset of small voice service providers appears to be originating a large and increasing quantity of illegal robocalls,” according to the FCC.

As a result, the deadline for those providers is now proposed to be June 30, 2022.

In addition to the shorter deadline for STIR/SHAKEN, the FNRPM would

If the FCC approves the FNPRM Thursday, comments and reply comments will be due 30 and 60 days, respectively, after publication in the Federal Register.

The Federal Communications Commission this week announced a Robocall Mitigation Database  that voice service providers must use to track call authentication and ensure they are not the source of “illegal robocalls” to consumers.

The database will also be used for voice service providers to inform the FCC of their robocall mitigation efforts, according to a news release from the FCC .

“As of Sept. 28, 2021, phone companies must refuse to accept traffic from voice service providers not listed in the Robocall Mitigation Database. The new Robocall Mitigation Database includes a portal through which voice providers must file certifications regarding their efforts to stem the origination of illegal robocalls on their networks,” according to the FCC.

Creation of the database is another step in the FCC’s implementation of the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act.

Under the TRACED Act, the FCC previously required providers with IP-based phone networks to implement the STIR/SHAKEN call authentication framework by June 30, 2021.

The STIR/SHAKEN framework allows voice service providers to confirm that the caller ID information transferred with a call is the same as the caller’s phone number, according to the FCC.

“The FCC also required voice service providers with non-IP network technology either to upgrade their non-IP networks to IP and implement these standards, or work to develop a non-IP caller ID authentication solution. Providers that received an extension of time to come into compliance with these STIR/SHAKEN obligations must adopt robocall mitigation programs,” according to the FCC news release.

Through the Robocall Mitigation Database , all voice service providers must file certifications providing detailed information regarding their implementation of the STIR/SHAKEN caller ID authentication framework and/or a robocall mitigation program.

Consumers may download voice service providers’ certifications. In addition, through the portal found on the database website, voice service providers may submit their certifications.

Users can find an active listing of all voice service providers that have submitted sufficient certifications by clicking “view database” or by downloading the registry.

In related news, the FCC is accepting public comments  on ACA International’s petition with industry trade associations for the FCC to reconsider certain aspects of its order modifying longstanding Telephone Consumer Protection Act exemptions.

The petition for the FCC to reconsider the TCPA exemptions order will ensure that consumers are protected against unlawful calls and bad actors, have meaningful choice and control over the calls they receive, and can continue to receive time-sensitive informational communications.

Some exemptions for voice service providers took effect Nov. 17, while other components of the rule will start Dec. 17.

– The final rule is part of requirements in the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act.

– Caller ID authentication is designed to stop caller ID spoofing and illegal robocalls. ACA has advocated on behalf of the industry to ensure legitimate calls are not impacted by these mitigation efforts.

The Federal Communications Commission on Tuesday adopted a final rule implementing the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act requirements on caller ID authentication technology.

Several components in the rule take effect Dec. 17, while others were delayed indefinitely. Certain exemptions from caller ID authentication for voice service providers took effect Nov. 17, according to the rule published in the Federal Register  on that date.

As a refresher, the FCC’s caller ID authentication framework  is designed to stop illegal caller ID spoofing and robocalls. Caller ID authentication is often referred to as STIR/SHAKEN, a “framework of interconnected standards” that allows carriers to sign or label calls as legitimate and that they are in fact from the number displayed on the caller ID before reaching consumers, according to the FCC

Under the TRACED Act, voice service providers are required to fully implement the STIR/SHAKEN caller ID authentication by June 30, 2021.

According to the final rule, the component that takes effect Nov. 17 focuses on how a voice service provider may seek a voluntary exemption from the June 2021 caller ID authentication deadline by certifying on or before Dec. 1, 2020, that it has already made substantial progress toward adoption.

The final rule states that to obtain exemption, voice service providers must, by Dec. 1:

The FCC adopted the new rule on implementation of STIR/SHAKEN in September, ACA International previously reported. The rule approved by the FCC Sept. 29 is part of a second report and order titled “Promoting Caller ID Authentication to Combat Spoofed Robocalls .

The report and order are part of the FCC’s work to implement the TRACED Act and promote the deployment of caller ID authentication technology to combat spoofed robocalls.

ACA is reviewing the rule and will provide an update on the components that take effect in December.

The rules approved in a report and order are part of the FCC’s requirements to implement the TRACED Act.

The Federal Communications Commission has adopted new rules to further promote implementation of the STIR/SHAKEN caller ID authentication framework to protect consumers against malicious caller ID spoofing, according to a news release .

The FCC was slated to consider the rules at its meeting Sept. 30, but they were adopted before the scheduled teleconference and removed from the agenda .

In March, the FCC issued a report and order and further notice of proposed rulemaking on mandating adoption of STIR/SHAKEN by voice service providers and additional measures to combat spoofed calls, ACA International previously reported.

ACA and a group of industry trades filed comments on that order.

Most recently, in September, ACA and industry trade groups filed comments urging the regulator to ensure redress options are in place for businesses experiencing call blocking and labeling.

On Sept. 29, ACA and the industry trade groups also filed reply comments focusing on the FCC’s legal obligation under the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act to establish a real-time notification requirement to adversely inform callers that their calls have been blocked or adversely labeled.

The rules approved by the FCC Sept. 29 are part of a second report and order titled “Promoting Caller ID Authentication to Combat Spoofed Robocalls .

The report and order are part of the FCC’s work to implement the TRACED Act and promote the deployment of caller ID authentication technology to combat spoofed robocalls.

According to the FCC news release issued Sept. 29 :

“The new rules make clear the obligations and deadlines for voice service providers regarding caller ID authentication, advance the use of caller ID authentication across the nation’s phone networks, and prohibit voice service providers from adding any line item charges to the bills of consumer or small business customer subscribers for caller ID authentication technology. Earlier this year, the FCC required that the STIR / SHAKEN framework—an Internet Protocol (IP) based standard—be implemented on IP-based phone networks by June 30, 2021.”

The second report and order  adopted Sept. 29 continues the FCC’s work to combat illegally spoofed robocalls and implement the TRACED Act. The new rules require voice service providers to either upgrade their non-IP networks to IP and implement STIR/SHAKEN, or work to develop a non-IP caller ID authentication solution, according to the news release.

They also require intermediate providers to implement STIR/SHAKEN so that IP calls retain caller ID authentication throughout the call path. The new rules prohibit carriers from adding a line item to the bills of consumers and small businesses for caller ID authentication technology, according to the FCC.

In the order, the FCC grants limited extensions of the STIR/SHAKEN implementation deadline to small voice providers, voice service providers that are currently incapable of obtaining a “certificate” necessary to implement STIR/SHAKEN, services scheduled for discontinuance, and non-IP networks. The new rules stipulate that providers receiving an extension must implement robocall mitigation programs.

ACA is reviewing the rule to provide updates for members.

ACA and its advocacy team in Washington, D.C. continue to work for the industry’s needs to ensure legitimate calls are not improperly impacted by call blocking and labeling.

The report and order are part of the FCC’s requirements to implement the TRACED Act.

The Federal Communications Commission will consider a second report and order, “Promoting Caller ID Authentication to Combat Spoofed Robocalls ,” during its next meeting Sept. 30.

The report and order are part of the FCC’s work to implement the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), and promote the deployment of caller ID authentication technology to combat spoofed robocalls, according to a news release  from the FCC.

In March, the FCC issued a report and order and further notice of proposed rulemaking on mandating adoption of STIR/SHAKEN by voice service providers and additional measures to combat spoofed calls, ACA International previously reported.

ACA and a group of industry trades filed comments on that order.

The FCC’s second report and order set for consideration this month would:

Comments on the second report and order are due 30 days after publication in the Federal Register.

The rules are part of the new TRACED Act requirements and increase fines for intentional unlawful calls, among other changes.

The Federal Communications Commission on Friday implemented part of the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act that ends the FCC’s practice of warning most robocallers before issuing penalties for violating the law, according to a news release from the FCC .

“We have taken unprecedented action against spoofing violations in recent years and removing this outdated ‘warning’ requirement will help us speed up enforcement to protect consumers. With strong enforcement and policy changes like mandating STIR/SHAKEN caller ID authentication and authorizing robocall blocking, we are making real progress in our fight against fraudsters,” Chairman Ajit Pai said in the news release.

The order  also extends the statute of limitations of fines for TCPA and spoofing violations to four years.

Previously, the FCC had one year for TCPA violations and two years for spoofing violations.

Under the new order, fines will also increase to up to $10,000 per intentional unlawful robocall, plus the forfeiture penalty amount.

The rules adopted in the FCC’s order will be effective 30 days after publication in the Federal Register.

May 16, 2018

Federal Communications Commission Chairman Ajit Pai has accepted recommendations for an industry-developed call authentication system intended to stop the use of Caller ID spoofing from the North American Numbering Council (NANC.)

The NANC was created as a Federal Advisory Committee to advise the FCC on call numbering issues and to make recommendations.

“We’ve been aggressively moving forward on new regulations and enforcement to crack down on the flood of unwanted robocalls. But a critical element of solving this problem is call authentication—essentially, creating a ‘digital fingerprint’ for each phone call that scammers can’t spoof or misuse,” FCC Chairman Ajit Pai said in a news release . “That would allow any consumer to pick up the phone with confidence…