[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Proposed Rules]
[Pages 8531-8533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03065]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 64
[EB Docket No. 20-22; FCC 20-11; FRS 16480]
Implementing the Pallone-Thune Telephone Robocall Abuse Criminal
Enforcement and Deterrence Act
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission proposes rules to implement
the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and
Deterrence Act (TRACED Act) to establish a registration process for the
registration of a single consortium that conducts private-led efforts
to trace back the origin of suspected unlawful robocalls.
DATES: Comments are due on or before February 24, 2020 and reply
comments are due on or before March 2, 2020.
ADDRESSES: You may submit comments, identified by EB Docket No. 20-22,
by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
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.
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: For additional information on this
proceeding, contact Sonja Rifken of the Telecommunications Consumers
Division, Enforcement Bureau, at [email protected] or (202) 418-
1730.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, FCC 20-11, EB Docket No. 20-22, adopted on
February 5, 2020 and released on February 6, 2020. The full text of
this document is available for public inspection during regular
business hours in the FCC Reference Center, 445 12th Street SW, Room
CY-A257, Washington, DC 20554, or online at https://docs.fcc.gov/public/attachments/FCC-20-11A1.pdf. To request this document in
accessible formats for people with disabilities (e.g., Braille, large
print, electronic files, audio format, etc.) or to request reasonable
accommodations (e.g., accessible format documents, sign language
interpreters, CART, etc.), 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).
Synopsis
1. In this Notice of Proposed Rulemaking (NPRM), the Federal
Communications Commission (Commission) proposes to implement section
13(d) of the Pallone-Thune Telephone Robocall Abuse Criminal
Enforcement Act (TRACED Act). Unlawful prerecorded voice message
calls--robocalls--plague the American public. Despite the Commission's
efforts to combat unlawful robocalls, which includes efforts to trace
unlawful spoofed robocalls to their origination--a process known as
traceback--these calls persist. Congress recognized the continued
problem and enacted the TRACED Act to further aid the Commission's
efforts. Congress acknowledged the beneficial collaboration between the
Commission and the private sector on traceback issues and, in section
13(d) of the TRACED Act, required the Commission to issue rules for the
registration of a single consortium that conducts private-led efforts
to trace back the origin of suspected unlawful robocalls.
2. The Commission proposes rules to implement a simple registration
process. First, we propose that the Enforcement Bureau issue an annual
public notice seeking registration of a single consortium that conducts
private-led efforts to trace back the origin of suspected unlawful
robocalls. The Enforcement Bureau would issue the public notice no
later than April 28 this year, as required by the TRACED Act, and by
that date annually thereafter. We invite comment on this proposal.
3. Second, we propose to require an entity that plans to register
as the consortium for private-led traceback efforts to submit in this
docket a letter
[[Page 8532]]
of notice of its intent to conduct private-led traceback efforts and
its intent to register as the single consortium. We propose that the
letter of notice include the name of the entity and a statement of its
intent to conduct private-led traceback efforts and its intent to
register with the Commission as the single consortium that conducts
private-led efforts to trace back the origin of suspected unlawful
robocalls. We invite comment on this proposal.
4. Third, we propose to mandate that the entity address the
statutory requirements in such letter by:
(a) Demonstrating that the consortium is a neutral third party
competent to manage the private-led effort to trace back the origin of
suspected unlawful robocalls;
(b) including a copy of the consortium's written best practices
regarding management of its traceback efforts and regarding providers
of voice services' participation in the consortium's efforts to trace
back the origin of suspected unlawful robocalls, and an explanation
thereof;
(c) certifying that, consistent with section 222(d)(2) of the
Communications Act, the consortium's efforts will focus on fraudulent,
abusive, or unlawful traffic; and
(d) certifying that the consortium has notified the Commission that
it intends to conduct traceback efforts of suspected unlawful robocalls
in advance of registration as the single consortium.
We invite comment on this proposal. We also invite comment on how
to construe the terms used in these four statutory criteria and whether
we should adopt any specific rules to ensure compliance with them. In
addition, we seek comment on whether we should require any additional
information or consider any other factors.
5. Fourth, we note that the statute contemplates a single
registrant with the Commission, and so we must select a single
consortium if more than one qualified consortium seeks to register. To
do that, we propose that the Enforcement Bureau select the single
registered consortium based on its analysis of any letter and
associated documentation submitted by an entity seeking to register as
the single consortium. Our judgment of compliance with the TRACED Act's
requirements will be informed by the work we have done with the private
sector, particularly the Industry Traceback Group. We propose to
heavily weight the consortium applicant's expertise in both managing
and improving the traceback process to the benefit of interested
parties, including the Commission. Moreover, we propose to heavily
weight whether the consortium applicant is open to all voice service
providers. The degree of openness is indicative of the level of
neutrality we would expect in order to accept a consortium's
registration. We invite comment on these proposals and also seek
comment on methods we should use to select between or among any
competing consortium applicants. We welcome comment on other factors
that merit consideration in evaluating any consortium application.
6. Fifth, while we propose to continue to solicit interest by
public notice on an annual basis, in order to minimize the burdens of
the registration process we propose not to require the incumbent
consortium to file a new application each year. Rather, under our
proposal, our rules will require that each certification in a letter
extend for the duration of each subsequent year that the incumbent
consortium serves, unless the incumbent consortium notifies the
Commission otherwise in writing on or before the date for the filing of
such letters set forth in the annual public notice. In the event of any
delays in our annual selection process, we also propose to authorize
the incumbent consortium to continue its traceback efforts during the
pendency of that process, until the effective date of the selection of
any new consortium. We propose that the Bureau shall select any new
consortium no later than 90 days after the date set forth in the annual
public notice. We seek comment on these proposals.
7. Initial Regulatory Flexibility Certification. As required by the
Regulatory Flexibility Act, see 5 U.S.C. 603, the Commission has
prepared an Initial Regulatory Flexibility Certification reflecting its
analysis that there will be no significant economic impact on small
entities by the implementation of the policies and rules addressed in
this Notice. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that an initial regulatory flexibility analysis be prepared
for notice-and-comment rule making proceedings, unless the agency
certifies that ``the rule will not, if promulgated, have a significant
economic impact on a substantial number of small entities.'' The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A ``small business concern'' is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA).
8. In this NPRM, the Commission seeks comment on a limited and
simple process for registration with the Commission of a single
consortium that conducts private-led efforts to trace back the origin
of suspected unlawful robocalls as required by section 13 of the TRACED
Act. We reasonably expect, based on our experience, that no more than a
few entities, and perhaps only one, would apply to serve as the
consortium. Moreover, the proposals contained herein impose minimal
registration burdens such that they will have no more than a de minimis
economic impact on any entity that has the resources to perform the
private-led traceback efforts. Therefore, we certify that the proposals
in this NPRM, if adopted, will not have a significant economic impact
on a substantial number of small entities.
9. The Commission will send a copy of this NPRM, including the
Initial Regulatory Flexibility Certification, to the Chief Counsel for
Advocacy of the Small Business Administration. This initial
certification will also be published in the Federal Register.
10. Initial Paperwork Reduction Act of 1995 Analysis. This document
does not contain proposed information collection(s) subject to the
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition,
therefore, it does not contain any new or modified information
collection burden for small business concerns with fewer than 25
employees, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4).
11. Ex Parte Rules. This proceeding shall be treated as a ``permit-
but-disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte was made, and (2)
summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the
presentation of data or arguments already reflected in the presenter's
[[Page 8533]]
written comments, memoranda, or other filing in the proceeding, the
presenter may provide citations to such data or arguments in his or her
prior comments, memoranda, or other filings (specifying the relevant
page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown
or given to Commission staff during ex parte meeting are deemed to be
written ex parte presentations and must be filed consistent with
section 1.1206(b) of the Commission's rules. In proceedings governed by
section 1.49(f) of the Commission's rules or for which the Commission
has made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable.pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
12. Ordering Clauses. Accordingly, it is ordered, pursuant to
sections 4(i) and 4(j) of the Communications Act of 1934, as amended,
47 U.S.C. 154(i) and 154(j), and section 13(d) of the Pallone-Thune
Telephone Robocall Abuse Criminal Enforcement and Deterrence Act,
Public Law 116-105, 133 Stat. 3274, this Notice of Proposed Rulemaking,
is hereby adopted.
13. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy
of the Small Business Administration.
List of Subjects in Parts 0 and 64
Authority delegations (Government agencies), Telecommunications.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 0 and 64 as
follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 is revised to read as follows:
Authority: 47 U.S.C. 155, 225 unless otherwise noted.
0
2. Amend section 0.111 by revising paragraph (i) and adding paragraph
(j) to read as follows:
Sec. 0.111 Functions of the Bureau.
* * * * *
(i) Conduct the annual registration and selection of a single
consortium to conduct private-led efforts to trace back the origin of
suspected unlawful robocalls, under section 13(d) of the TRACED Act,
133 Stat. at 3287, and Sec. 64.1203 of this chapter.
(j) Perform such other functions as may be assigned to it or
referred to it by the Commission.
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
3. The authority citation for part 64 is revised to read as follows:
Authority: 47 U.S.C. 154, 201, 202, 217, 218, 220, 225, 226,
227, 228, 251(e), 254(k), 262, 287, 403(b)(2)(B), (c), 616, 620,
1401-1473, unless otherwise noted.
0
4. Add Sec. 64.1203 to subpart L to read as follows:
Sec. 64.1203 Consortium registration process.
(a) The Enforcement Bureau shall issue a public notice no later
than April 28th annually seeking registration of a single consortium
that conducts private-led efforts to trace back the origin of suspected
unlawful robocalls.
(b) Except as provided in paragraph (c) of this section, an entity
that seeks to register as the single consortium that conducts private-
led efforts to trace back the origin of suspected unlawful robocalls
must submit a letter and associated documentation in response to the
public notice issued pursuant to paragraph (a) of this section. In the
letter, the entity must:
(1) Demonstrate that the consortium is a neutral third party
competent to manage the private-led effort to trace back the origin of
suspected unlawful robocalls;
(2) Include a copy of the consortium's written best practices
regarding the management of its traceback efforts and regarding
providers of voice services participation in the consortium's efforts
to trace back the origin of suspected unlawful robocalls and an
explanation thereof;
(3) Certify that, consistent with section 222(d)(2) of the
Communications Act of 1934, as amended, the consortium's efforts will
focus on fraudulent, abusive, or unlawful traffic; and
(4) Certify that the consortium has notified the Commission that it
intends to conduct traceback efforts of suspected unlawful robocalls in
advance of registration as the single consortium.
(c) The entity selected to be the registered consortium will not be
required to file the letter mandated in paragraph (b) of this section
in subsequent years after the consortium's initial registration. The
registered consortium's initial certifications, required by paragraph
(b) of this section, will continue for the duration of each subsequent
year unless the registered consortium notifies the Commission otherwise
in writing on or before the date for filing letters set forth in the
annual public notice issued pursuant to paragraph (a) of this section.
(d) The current registered consortium shall continue its traceback
efforts until the effective date of the selection of any new registered
consortium.
[FR Doc. 2020-03065 Filed 2-13-20; 8:45 am]
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