Robocall Mitigation Program Implementation and Certifications Due June 30, 2021 Certain Other Illegal Robocall Prevention Requirements Effective May 6, 2021

The Wireline Competition Bureau of the Federal Communications Commission (FCC) has opened the Robocall Mitigation Database (Database) and established June 30, 2021 as the deadline for voice service providers to submit required certifications and related information in the Database.[1] In addition, the FCC has imposed other affirmative robocall mitigation obligations on all voice service providers that will go into effect on May 6, 2021.

In previous Orders, acting pursuant to the TRACED Act, the FCC adopted rules requiring voice service providers to implement STIR/SHAKEN caller ID authentication technology in the Internet Protocol (IP) portions of their networks by June 30, 2021. The FCC granted extensions for compliance with this deadline to certain classes of providers, including small voice service providers. Voice service providers that have additional time to implement STIR/SHAKEN, however, must implement a Robocall Mitigation Program (RMP) that combats illegal robocalls originating on their networks and must cooperate with industry traceback efforts.

All voice service providers with an extension must implement a RMP by June 30, 2021, and subject to the FCC receiving OMB approval, all service providers (with or without an extension) must file a certification and related information in the Database via an FCC portal by that date. The Database will be publicly available on the FCC’s website. Beginning September 28, 2021, intermediate providers and terminating service providers will be prohibited from accepting traffic directly from voice service providers not listed in the Database.

In addition to the RMP requirement, all voice service providers must comply with the following requirements by May 6, 2021: (1) respond to traceback requests from the FCC, civil and criminal law enforcement, and the industry traceback Consortium, (2) take steps to effectively mitigate illegal traffic when notified by the FCC, and (3) adopt affirmative, effective measures to prevent new and renewing customers from using their network to originate illegal calls. In adopting the third requirement, the FCC required that all originating voice service providers “know their customers and exercise due diligence in ensuring that their services are not used to originate illegal traffic.”

If you have questions or would like help with the robocall mitigation requirements or certification process, please contact Greg Whiteaker at greg@hermanwhiteaker.com, Clare Andonov at candonov@hermanwhiteaker.com, or Hilary Rosenthal at hrosenthal@hermanwhiteaker.com.

[1] The FCC is in the process of seeking Office of Management and Budget (OMB) approval for this process by which voice service providers must certify how they are combating the origination of illegal robocall traffic on their networks. Once the FCC receives this approval, the FCC will publish a notice in the Federal Register making the robocall mitigation certification rules effective upon publication of the notice.