[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Proposed Rules]
[Pages 30672-30673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10347]
[[Page 30672]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 64
[CG Docket No. 20-93; FCC 20-57; FRS 16748]
Protecting Consumers From One-Ring Scams
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) proposes rules to implement section 12 of the Pallone-
Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act
(TRACED Act) to protect consumers from one-ring scams.
DATES: Comments are due on or before June 19, 2020 and reply comments
are due on or before July 6, 2020.
ADDRESSES: You may submit comments, identified by CG Docket No. 20-93,
by any of the following methods:
Federal Communications Commission: https://www.fcc.gov/ecfs.filings. Follow the instructions for submitting comments.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first class, Express, and Priority
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
People with Disabilities: Contact the FCC to request reasonable
accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
FOR FURTHER INFORMATION CONTACT: Mika Savir of the Consumer Policy
Division, Consumer and Governmental Affairs Bureau, at
[email protected] or (202) 418-0384.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, FCC 20-57, CG Docket No. 20-93, adopted on
April 24, 2020, and released on April 28, 2020. The full text of this
document is available online at https://docs.fcc.gov/public/attachments/FCC-20-57A1.pdf. To request this document in accessible
formats for people with disabilities (e.g., Braille, large print,
electronic files, audio format) or to request reasonable accommodations
(e.g., accessible format documents, sign language interpreters, CART),
send an email to [email protected] or call the FCC's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY). This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. 47 CFR
1.1200 et seq. Persons making oral ex parte presentations are reminded
that memoranda summarizing the presentations must contain summaries of
the substance of the presentations and not merely a listing of the
subjects discussed. See 47 CFR 1.1206(b). Other rules pertaining to
oral and written ex parte presentations in permit-but-disclose
proceedings are set forth in Sec. 1.1206(b) of the Commission's rules,
47 CFR 1.1206(b).
Initial Paperwork Reduction Act of 1995 Analysis
The NPRM, FCC 20-57, seeks comment on proposed rule amendments that
may result in modified information collection requirements. If the
Commission adopts any modified information collection requirements, the
Commission will publish another notice in the Federal Register inviting
the public to comment on the requirements, as required by the Paperwork
Reduction Act. Public Law 104-13; 44 U.S.C. 3501-3520. In addition,
pursuant to the Small Business Paperwork Relief Act of 2002, the
Commission seeks comment on how it might further reduce the information
collection burden for small business concerns with fewer than 25
employees. Public Law 107-198; 44 U.S.C. 3506(c)(4).
Synopsis
1. In the NPRM, the Commission proposes to implement section 12 of
the Pallone-Thune TRACED Act. Section 12 of the TRACED Act directs the
Commission to consider taking additional steps to protect called
parties from a type of illegal call known as the one-ring scam. In this
scam, consumers in the United States receive a call from a foreign
country and after one ring, the scammer hangs up, causing the consumer
to call back and incur phone charges.
2. In the NPRM, the Commission seeks comment on how to implement
section 12(b)(1) of the TRACED Act by working with federal, state, and
foreign law enforcement and other government agencies. How can the
Commission further enhance the coordination efforts with federal,
Tribal, state, and local partners on one-ring scams more specifically?
Which agencies should the Commission work with?
3. The Commission seeks comment on how to implement section
12(b)(2) of the TRACED Act to work with governments of foreign
countries to address one-ring scams as the scams originate in other
countries. Which foreign governments should the Commission work with?
How can the Commission best work with these governments to protect
consumers from one-ring scams? Might the Federal Trade Commission's
(FTC's) work on robocall enforcement with India prove instructive?
4. Section 12(b)(3) of the TRACED Act requires the Commission to
consider how, in consultation with the FTC, to better educate consumers
about how to avoid one-ring scams. How can the Commission build upon
current consumer education materials and efforts? Are there ways the
Commission can enhance messaging to give consumers more effective
information and advice? How can the Commission further collaborate with
partners at the FTC?
5. Section 12(b)(4) of the TRACED Act requires the Commission to
consider ways to incentivize voice service providers to stop calls that
perpetrate one-ring scams from being received by called parties,
including consideration of adding identified one-ring scam-type numbers
to the Commission's existing list of permissible categories for
carrier-initiated blocking. The Commission proposes to allow voice
service providers to block all calls from phone numbers associated with
one-ring scams (or purporting to be from such numbers). Is there a
method, other than reasonable analytics, by which voice service
providers can identify one-ring scam calls? How can the Commission
encourage voice service providers to block one-ring scam calls?
6. Section 12(b)(5) of the TRACED Act requires the Commission to
consider how it can work with entities that provide call blocking
services to address one-ring scams. Might STIR/SHAKEN offer enhanced
protection against one-ring scams? How should the
[[Page 30673]]
Commission work with analytics companies and voice service providers to
stop one-ring scam calls?
7. Section 12(b)(6) of the TRACED Act requires the Commission to
consider how it can establish obligations on international gateway
providers that are the first point of entry for these calls into the
United States, including potential requirements that such providers
``verify with the foreign originator the nature or purpose of calls
before initiating service.'' What technical processes do gateway
providers have to identify traffic that is likely to be illegal? How
might gateway providers go about determining ``the nature and purpose''
of calls? Should the Commission codify a rule that enables voice
service providers to block traffic from an international gateway
provider that fails to block calls from numbers known to be used in
one-ring scams? Would labeling calls be a useful alternative to
blocking?
Initial Regulatory Flexibility Analysis
8. The Commission has prepared this Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on a
substantial number of small entities by the policies and rules proposed
in this NPRM. Written public comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments on the NPRM. The Commission will send a
copy of the NPRM, including the IRFA, to the Chief Counsel for Advocacy
of the Small Business Administration.
9. Need for, and Objectives of, the Proposed Rules. The NPRM seeks
comment on ways to implement section 12 of the TRACED Act, to prevent
consumers from a type of scam called the one-ring scam.
10. Section 12 of the TRACED Act requires the Commission to
initiate a proceeding to protect consumers from one-ring scams and to
consider the following ways: Work with federal and state law
enforcement agencies; work with the governments of foreign countries;
in consultation with the FTC, better educate consumers about how to
avoid one-ring scams; encourage voice service providers to stop one-
ring scam calls, including adding identified one-ring scam-type numbers
to the list of permissible categories for carrier-initiated blocking;
work with entities that provide call-blocking services to address one-
ring scams; and establish obligations on international gateway
providers, including potential requirements that such providers verify
with the foreign originator the nature or purpose of calls before
initiating service.
11. The NPRM seeks comment on how to implement section 12 of the
TRACED Act and proposes rules to permit voice service providers to
block calls made from numbers associated with the one-ring scam.
12. Legal Basis. The proposed rules are authorized under the TRACED
Act, 154(i), 201, 202, 227, 251(e), and 403 of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i), 201, 202, 227, 251(e), 403.
13. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements. The NPRM seeks comment on proposed rules to
implement the TRACED Act. The NPRM does not propose reporting or
recordkeeping requirements.
14. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered. The proposed rules
allow voice service providers, including small entities, to block calls
from numbers associated with one-ring scams.
15. Federal Rules that May Duplicate, Overlap, or Conflict with the
Proposed Rules. None.
List of Subjects in 47 CFR Part 64
Communications common carriers, Reporting and recordkeeping
requirements, Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
1. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 154, 201, 202, 217, 218, 220, 222, 225,
226, 227, 227(b), 228, 251(a), 251(e), 254(k), 262, 403(b)(2)(B),
(c), 616, 620,1401-1473, unless otherwise noted, Pub. L. 115-141,
Div. P, sec. 503, 132 Stat. 348, 1091.
Sec. 64.1200 [Amended]
0
2. Amend Sec. 64.1200 by revising paragraph (k)(2)(iv) to read as
follows:
Sec. 64.1200 Delivery Restrictions
* * * * *
(k) * * *
(2) * * *
(iv) A telephone number that is highly likely to be associated with
the ``one-ring scam,'' which is defined as ``a scam in which a caller
makes a call and allows the call to ring the called party for a short
duration, in order to prompt the called party to return the call,
thereby subjecting the called party to charges.''
* * * * *
[FR Doc. 2020-10347 Filed 5-19-20; 8:45 am]
BILLING CODE 6712-01-P