Implementing the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, 8531-8533 [2020-03065]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: https://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]
 BILLING CODE P