On December 18th the FCC is planning on adopting a Third Report and Order (Order) and Third Further Notice of Proposed Rulemaking (Notice) in Docket 13-97 to better control access to telephone numbers for all VoIP providers who directly interconnect to the Public Switched Telephone Network (PSTN). This is the Commission’s latest attempt to control the seemingly unstoppable epidemic of illegal robocalls. Here is some background.
The North American Numbering Plan (NANP) is the basic numbering scheme for telecommunications networks located in the United States and its territories, Canada, and parts of the Caribbean. The FCC has interpreted section 52 of the 1996 Telecommunications Act to require parties requesting telephone numbers to submit evidence of either a state certificate of public convenience and necessity (CPCN) or a Commission license or authorization to demonstrate competence to serve the public.
For years this rule applied to all carriers who used time-division multiplexing to access customers through the PSTN. Then came the advent of VoIP providers, and the Commission needed new rules.
In 2015, the First Report and Order established the application process for interconnected VoIP providers to directly obtain telephone numbers. “The process limits access to telephone numbers to entities that demonstrate they are authorized to provide service in the area for which they are requesting numbers.”
Unfortunately, the new rules had gaps, which enabled bad actors to obtain numbers used to make a massive number of fraudulent robocalls. In response, in 2023 the Commission released a Second Report and Order that required providers to file “certifications related to robocall mitigation, public safety, and national security, and required greater disclosure of ownership interests.” That Order had a problem however; it only applied to providers seeking numbers after the Order became effective, continuing to leave a gap, and necessitating the current Order. Thus, the agency now states,
We revise section 52.15(g)(3) of the Commission’s rules to include a new requirement for all authorization holders whose authorizations were issued prior to August 8, 2024, (that is, prior to the effective date of the updated certification and information disclosure requirements adopted in the Second Report and Order), to file the updated required certifications and information disclosures. We also adopt a 30-day deadline for these existing authorization holders to comply with the updated filing requirements, i.e., existing authorization holders must file the updated certifications and other information disclosures within 30 days of the rule changes adopted herein. (Draft Order at para. 10).
Therefore, all existing VoIP numbering authorization providers must certify that they:
Will not use the numbers obtained pursuant to an interconnected VoIP provider numbering authorization to knowingly transmit, encourage, assist, or facilitate illegal robocalls, illegal spoofing, or fraud, in violation of robocall, spoofing, and deceptive telemarketing obligations.
Have fully complied with all applicable STIR/SHAKEN caller ID authentication and robocall mitigation program requirements and filed a certification in the Robocall Mitigation Database.
That neither the authorization holder nor any of its key personnel identified in the application are or have been subject to a Commission, law enforcement, or any regulatory agency investigation for failure to comply with any law, rule, or order, including the Commission’s rules applicable to unlawful robocalls or unlawful spoofing.
That ownership information must be kept up to date to guard against foreign ownership of providers and international robocalls.
The FCC also mandates that all existing interconnected VoIP providers with direct access to telephone numbers must comply with other Commission rules such as its existing 911 rules, the access stimulation rules and proof that the provider files form 477 and form 499.
The Order will become effective 30 days after it appears in the Federal Register.
In the Further Notice, the Commission seeks comments on “ways we can continue to leverage VoIP numbering authorizations and access to numbers in the fight against illegal robocalling and unacceptable national security threats.” Thus, it seeks to:
Refresh the record on the feasibility and impacts of reclaiming numbering resources obtained directly from the Numbering Administrators by interconnected VoIP providers when the Commission has revoked or terminated their VoIP numbering authorization or when the provider is no longer providing services due to bankruptcy or other critical circumstances.
Determine if it should restrict VoIP numbering authorizations or reevaluate existing authorizations for certain entities that may threaten national security.
Determine if it should restrict a VoIP numbering authorization or reevaluate an existing authorization should it discover “covered” equipment in the interconnected VoIP provider’s network. Covered equipment includes equipment posing a danger to national security (i.e., Chinese equipment).
Comments on the Further Notice are due 30 days after it appears in the Federal Register. Reply comments are due 30 days later.