TCPA Regulatory Update: FCC Shaken/Stirred Traced Act

Saturday, November 14, 2020

FCC Releases Public Discover on Submitting for Voluntary STIR/SHAKEN Implementation Exemptions for Early Implementers

On October 1, 2020 the FCC adopted the Second Report and Order implementing Caller ID Authentication. As described in our October TCPA Digest, the Report and Order took numerous steps implementing the TRACED Act, together with, amongst others, requiring voice service suppliers to both improve their non-IP networks to IP and implement STIR/SHAKEN, or work to develop a non-IP caller ID authentication resolution; and offering a framework to file for extensions to the implementation deadline for sure classes of suppliers, together with small voice service suppliers.

Though the TRACED Act directed the FCC to require every voice service supplier to implement STIR/SHAKEN in its IP community, it frees a voice service supplier from this requirement if it has already taken substantial steps towards adoption. The TRACED Act creates two “early implementer” exemptions: one for IP calls and one for non-IP calls.

A voice service supplier is ready to declare voluntary exemption from the June 30, 2021 STIR/SHAKEN implementation deadline for the IP, and likewise, individually, for the non-IP parts of its networks, if it certifies, by December 1, 2020, that for its IP networks, it:

has adopted STIR/SHAKEN for calls on its IP networks;
agrees to take part with different suppliers within the STIR/SHAKEN authentication framework;
has begun to implement STIR/SHAKEN; and
can be able to absolutely implementing STIR/SHAKEN no later than June 30, 2021.

And for any non-IP parts of its community, a supplier that needs to assert a voluntary exemption should certify that it:

has taken affordable measures to implement an efficient name authentication framework; and
can be able to absolutely implementing an efficient name authentication framework no later than June 30, 2021.

On November 9, 2020, the FCC launched a Public Discover offering instructions and submitting info relating to submitting for these voluntary exemptions by December 1. An officer is required to signal the certification stating that he or she has private data that the corporate meets every criterion, and submit an accompanying assertion explaining, intimately, how the corporate meets every of the relevant prongs described above.

Suppliers that obtain the preliminary exemption are required to file a second certification after June 30, 2021, stating whether or not they, in truth, achieved the targets to which they dedicated. The FCC will decide which suppliers happy this exemption by December 30.

The remark cycle closed on the Discover of Proposed Rulemaking implementing Part eight of the TRACED Act, described intimately in final month’s TCPA Digest. The FCC sought touch upon whether or not it ought to place sure limits on a number of classes of calls which can be exempt from robocall restrictions below the TCPA. Particularly, the FCC requested whether or not it ought to restrict 1) the courses of events that will make calls below every exemption; 2) the courses of events that could be known as; and three) the variety of such calls that could be made to a specific known as celebration. The FCC obtained numerous feedback from stakeholders from industries affected by the prevailing exemptions – significantly from monetary providers corporations and credit score unions, healthcare suppliers, and voice service suppliers. Most commenters requested the FCC to not curtail the TCPA exemptions that utilized to the forms of calls they make. Two well-known exemptions which can be into consideration on this Discover are mobile carriers’ calls to their very own subscribers (corresponding to worldwide journey roaming alerts or notifications {that a} subscriber is low on knowledge) and industrial, non-marketing calls.

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