Call Authentication Trust Anchor; Implementation of TRACED Act-Knowledge of Customers by Entities With Access to Numbering Resources, 22029-22043 [2020-07585]
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Federal Register / Vol. 85, No. 77 / Tuesday, April 21, 2020 / Rules and Regulations
and-comment requirements of the
Administrative Procedure Act, see 5
U.S.C. 553(b)(A).
7. Implementation. As a temporary
transition measure, for 90 days after
publication of this document in the
Federal Register, U.S. Bank will
continue to process payments to P.O.
Box 979088. After that date, forfeiture
payments must be made in accordance
with the procedures set forth in each
forfeiture order and on the
Commission’s website, www.fcc.gov/
licensing-databases/fees. For now, such
payments will be made through the Fee
Filer Online System (Fee Filer),
accessible at https://www.fcc.gov/
licensing-databases/fees/fee-filer. As we
assess and implement U.S. Treasury
initiatives toward an all-electronic
payment system, we may transition to
other secure payment systems with
appropriate public notice and guidance.
III. Ordering Clauses
8. Accordingly, it is ordered, that
pursuant to sections 4(i), 4(j), 158, 208,
and 224 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i),
154(j), 158, 208, and 224, the Order is
hereby adopted and the rules set forth
in the Appendix of the Order are hereby
amended effective May 21, 2020.
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 as
follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
2. Amend § 1.80 by revising paragraph
(h) to read as follows:
■
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Forfeiture proceedings.
* * *
(h) Payment. The forfeiture should be
paid electronically using the
Commission’s electronic payment
system in accordance with the
procedures set forth on the
Commission’s website, www.fcc.gov/
licensing-databases/fees.
*
*
*
*
*
[FR Doc. 2020–07540 Filed 4–20–20; 8:45 am]
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47 CFR Part 64
[WC Docket Nos. 17–97, 20–67; FCC 20–
42; FRS 16631]
Call Authentication Trust Anchor;
Implementation of TRACED Act—
Knowledge of Customers by Entities
With Access to Numbering Resources
Federal Communications
Commission.
AGENCY:
ACTION:
Final rule.
In this document, the
Commission adopts a rule that mandates
that all originating and terminating
voice service providers implement the
STIR/SHAKEN caller ID authentication
framework in the internet Protocol (IP)
portions of their networks by June 30,
2021. In establishing this requirement,
the Report and Order both acts on the
Commission’s proposal to require voice
service providers to implement the
STIR/SHAKEN caller ID authentication
framework if major voice service
providers did not voluntarily do so by
the end of 2019, and implements
Congress’s direction in the recently
enacted Pallone-Thune Telephone
Robocall Abuse Criminal Enforcement
and Deterrence (TRACED) Act to
mandate STIR/SHAKEN not later than
18 months after the date of enactment of
that Act. This action builds on the
Commission’s aggressive and multipronged approach to ending illegal
caller ID spoofing.
SUMMARY:
DATES:
Effective May 21, 2020.
For
further information, please contact
Mason Shefa, Competition Policy
Division, Wireline Competition Bureau,
at Mason.Shefa@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
The full
text of this document, WC Docket Nos.
17–97, 20–67; FCC 20–42, adopted and
released on March 31, 2020, is available
for public inspection during regular
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street SW, Room CY–A257,
Washington, DC 20554 or at the
following internet address: https://
docs.fcc.gov/public/attachments/FCC20-42A1.pdf . The Further Notice of
Proposed Rulemaking WC Docket Nos.
17–97, 20–67; FCC 20–42, adopted
concurrently with this document and
available at the same internet address, is
published elsewhere in this issue of the
Federal Register.
SUPPLEMENTARY INFORMATION:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461 note, unless otherwise noted.
§ 1.80
FEDERAL COMMUNICATIONS
COMMISSION
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Synopsis
I. Introduction
1. Each day, Americans receive
millions of unwanted phone calls. One
source indicates that Americans
received over 58 billion such calls in
2019 alone. These include ‘‘spoofed’’
calls whereby the caller falsifies caller
ID information that appears on a
recipient’s phone to deceive them into
thinking the call is from someone they
know or can trust. Spoofing has legal
and illegal uses. For example, medical
professionals calling patients from their
mobile phones often legally spoof the
outgoing phone number to be the office
phone number for privacy reasons, and
businesses often display a toll-free callback number. Illegal spoofing, on the
other hand, occurs when a caller
transmits misleading or inaccurate
caller ID information with the intent to
defraud, cause harm, or wrongly obtain
anything of value. And these spoofed
calls are not simply an annoyance—they
result in billions of dollars lost to fraud,
degrade consumer confidence in the
voice network, and harm our public
safety. A 2019 survey estimated that
spoofing fraud affected one in six
Americans and cost approximately
$10.5 billion in a single 12-month
period.
2. The Commission, Congress, and
state attorneys general all agree on the
need to protect consumers and put an
end to illegal caller ID spoofing. Over
the past three years, the Commission
has taken a multi-pronged approach to
this problem—issuing hundreds of
millions of dollars in fines for violations
of our Truth in Caller ID rules;
expanding those rules to reach foreign
calls and text messages; enabling voice
service providers to block certain clearly
unlawful calls before they reach
consumers’ phones; and clarifying that
voice service providers may offer callblocking services by default. We have
also called on industry to ‘‘trace back’’
illegal spoofed calls and text messages
to their original sources and encouraged
industry to develop and implement new
caller ID authentication technology.
That technology, known as STIR/
SHAKEN, allows voice service
providers to verify that the caller ID
information transmitted with a
particular call matches the caller’s
number. Entities variously refer to this
technology as either ‘‘SHAKEN/STIR’’
or ‘‘STIR/SHAKEN.’’ In the past, the
Commission has referred to the
technology as ‘‘SHAKEN/STIR.’’ To
ensure consistency with the TRACED
Act, we use ‘‘STIR/SHAKEN’’ here. Its
widespread implementation will reduce
the effectiveness of illegal spoofing,
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allow law enforcement to identify bad
actors more easily, and help voice
service providers identify calls with
illegally spoofed caller ID information
before those calls reach their
subscribers.
3. Today, we build on our aggressive
and multi-pronged approach to ending
illegal caller ID spoofing. First, we
mandate that all voice service providers
implement the STIR/SHAKEN caller ID
authentication framework in the
internet Protocol (IP) portions of their
networks by June 30, 2021. In
recognition of the fact that it is caller ID
information transmitted with a call that
is authenticated, we use the term ‘‘caller
ID authentication’’ in this Report and
Order and Further Notice of Proposed
Rulemaking. We understand this term to
be interchangeable with the term ‘‘call
authentication’’ as used in other
contexts, including the TRACED Act. In
establishing this requirement, we both
act on our proposal to require voice
service providers to implement the
STIR/SHAKEN caller ID authentication
framework if major voice service
providers did not voluntarily do so by
the end of 2019, and implement
Congress’s direction in the recently
enacted Pallone-Thune Telephone
Robocall Abuse Criminal Enforcement
and Deterrence (TRACED) Act to
mandate STIR/SHAKEN not later than
18 months after the date of enactment of
that Act. Second, we propose and seek
comment on additional measures to
combat illegal spoofing, including
further implementation of the TRACED
Act.
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II. Background
4. Technological advancements and
marketplace developments in IP-based
telephony have made caller ID spoofing
easier and more affordable than ever
before. Today, widely available Voice
over internet Protocol (VoIP) software
allows malicious callers to make
spoofed calls with minimal experience
and cost. Taking advantage of the ability
to use spoofing to mask the true identity
of an incoming call, these callers have
turned to this technology as a quick and
cheap way to defraud targets and avoid
being discovered. Driven in part by the
rise of VoIP, the telecommunications
industry has transitioned from a limited
number of carriers that all trusted each
other to provide accurate caller
origination information to a
proliferation of different voice service
providers and entities originating calls,
which allows consumers to enjoy the
benefits of far greater competition but
also creates new ways for bad actors to
undermine this trust.
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5. To combat illegal spoofing,
industry technologists from the internet
Engineering Task Force (IETF) and the
Alliance for Telecommunications
Industry Solutions (ATIS) developed
standards for the authentication and
verification of caller ID information for
calls carried over an IP network using
the Session Initiation Protocol (SIP).
The Session Initiation Protocol (SIP) is
‘‘an application-layer control (signaling)
protocol for creating, modifying, and
terminating sessions’’ such as internet
Protocol (IP) telephony calls. The IETF
formed the Secure Telephony Identity
Revisited (STIR) working group, which
has produced several protocols for
authenticating caller ID information.
ATIS, together with the SIP Forum,
produced the Signature-based Handling
of Asserted information using toKENs
(SHAKEN) specification which
standardizes how the protocols
produced by STIR are implemented
across the industry. The SIP Forum is
‘‘an industry association with members
from . . . IP communications
companies,’’ with a mission ‘‘[t]o
advance the adoption and
interoperability of IP communications
products and services based on SIP.’’
Together, these technical standards
comprise the ‘‘STIR/SHAKEN’’
framework for caller ID authentication.
The STIR/SHAKEN framework consists
of two high-level components: (1) The
technical process of authenticating and
verifying caller ID information; and (2)
the certificate governance process that
maintains trust in the caller ID
authentication information transmitted
along with a call.
6. Authenticating and Verifying Caller
ID Information Through STIR/SHAKEN.
The STIR/SHAKEN authentication and
verification processes center on the
transmission of encrypted information
used to attest to the accuracy of caller
ID information transmitted with a call.
Specifically, an originating voice service
provider adds a unique header to the
network-level message used to initiate a
SIP call (the SIP INVITE). This SIP
INVITE contains a series of unencrypted
headers which provides information
about the message, such as a ‘‘From’’
header, giving information about the
calling party; a ‘‘To’’ header, giving
information about the called party; and
a ‘‘Via’’ header, which ‘‘indicates the
path taken by the request so far and
helps in routing the responses back
along the same path.’’ Both originating
and downstream providers are
technically capable of appending
headers to the SIP INVITE. When a
subscriber places a call, the originating
voice service provider uses an
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authentication service to create this
‘‘Identity’’ header, which contains
encrypted identifying information as
well as the location of the public key
that can be used to decode this
information. The authentication service
can be provided by the voice service
provider itself, or by a third party acting
under the voice service provider’s
direction. When the terminating voice
service provider receives the call, it
sends the SIP INVITE with the Identity
header to a verification service, which
uses the public key that corresponds
uniquely to the originating voice service
provider’s private key to decode the
encrypted information and verify that it
is consistent with the information sent
without encryption in the SIP INVITE.
Like the corresponding authentication
service on the originating voice service
provider’s end, the terminating voice
service provider’s verification service
can be performed internally or by a
trusted third-party service. The
verification service then sends the
results of the verification process—
including whether the decoding process
was successful and whether the
encrypted information is consistent
with the information sent without
encryption—to the terminating voice
service provider. STIR/SHAKEN thus
establishes a chain of trust back to the
originating voice service provider.
7. Because the STIR/SHAKEN
framework relies on transmission of
information in the Identity header of the
SIP INVITE, it only operates on the IP
portions of a voice service provider’s
network—that is, those portions served
by network technology that is able to
initiate, maintain, and terminate SIP
calls. If a call terminates on a network
or is routed at any point over an
intermediate provider network that does
not support the transmission of SIP
calls, the Identity header will be lost.
Because STIR/SHAKEN only operates
on IP networks, some stakeholders have
advocated for a solution referred to as
‘‘out-of-band STIR,’’ in which caller ID
authentication information is sent
across the internet, out-of-band from the
call path, allowing STIR/SHAKEN to be
implemented on networks that are not
fully IP. Out-of-band STIR remains in
the early stages of development.
8. The STIR/SHAKEN framework
relies on the originating voice service
provider attesting to the subscriber’s
identity. The SHAKEN specification
allows an originating voice service
provider to provide different ‘‘levels’’ of
attestation. Specifically, the voice
service provider can indicate that (i) it
can confirm the identity of the
subscriber making the call, and that the
subscriber is using its associated
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telephone number (‘‘full’’ or ‘‘A’’
attestation); (ii) it can confirm the
identity of the subscriber but not the
telephone number (‘‘partial’’ or ‘‘B’’
attestation); or merely that (iii) it is the
point of entry to the IP network for a
call that originated elsewhere, such as a
call that originated abroad or on a
domestic network that is not STIR/
SHAKEN-enabled (‘‘gateway’’ or ‘‘C’’
attestation).
9. To maintain trust in the voice
service providers that vouch for caller
ID information, the STIR/SHAKEN
framework uses digital ‘‘certificates’’
issued through a neutral governance
system. The STIR/SHAKEN credentials
are based on an X.509 credential system.
X.509 is a specific standard for a type
of public key infrastructure system that
uses certificates to facilitate secure
internet communications. The
framework requires that each voice
service provider receive its own
certificate that contains, among other
components, that voice service
provider’s public key, and states, in
essence, that (i) the voice service
provider is that which it claims to be;
(ii) the voice service provider is
authorized to authenticate the caller ID
information; and (iii) the voice service
provider’s claims about the caller ID
information it is authenticating can thus
be trusted. Every time an originating
voice service provider originates an
authenticated call, it transmits the
location of its certificate in the Identity
header, allowing the verification service
to acquire the public key and verify the
caller ID information, and have certainty
that the public key is truly associated
with the voice service provider that
originated the call. The ‘‘location’’ is
sent unencrypted in the form of a
Uniform Resource Locator (URL).
10. The STIR/SHAKEN governance
model requires several roles in order to
operate: (1) A Governance Authority,
which defines the policies and
procedures for which entities can issue
or acquire certificates; (2) a Policy
Administrator, which applies the rules
set by the governance authority,
confirms that certification authorities
are authorized to issue certificates, and
confirms that voice service providers are
authorized to request and receive
certificates; (3) Certification Authorities,
which issue the certificates used to
authenticate and verify calls; and (4) the
voice service providers themselves,
which, as call initiators, select an
approved certification authority from
which to request a certificate, and
which, as call recipients, check with
certification authorities to ensure that
the certificates they receive were issued
by the correct certification authority.
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11. Commission and North American
Numbering Council Action to Promote
STIR/SHAKEN Deployment. In July
2017, the Commission released a Notice
of Inquiry, launching a broad inquiry
into caller ID authentication and how to
expedite its development and
implementation. In the Notice of
Inquiry, the Commission recognized the
potential of caller ID authentication to
‘‘reduc[e] the risk of fraud and ensur[e]
that callers be held accountable for their
calls.’’ Among other issues, the
Commission sought comment on its role
in promoting implementation of caller
ID authentication technology; what
involvement, if any, it should have in
STIR/SHAKEN governance; and how to
address caller ID authentication for
networks that use non-IP technology.
12. In February 2018, the Commission
directed the Call Authentication Trust
Anchor Working Group of the North
American Numbering Council (NANC)
to recommend ‘‘criteria by which a
[Governance Authority] should be
selected’’ and a ‘‘reasonable timeline or
set of milestones for adoption and
deployment of a SHAKEN/STIR call
authentication system, including
metrics by which the industry’s progress
can be measured.’’ In its May 2018
report, the NANC recommended that
representatives from various industry
stakeholders comprise a board
overseeing the Governance Authority,
and that ‘‘individual companies capable
of signing and validating VoIP calls
using SHAKEN/STIR should implement
the standard within a period of
approximately one year after completion
of the NANC CATA report.’’ Chairman
Pai accepted these recommendations
shortly after they were issued by the
NANC.
13. In November 2018, drawing on the
NANC’s May 2018 recommendation that
capable voice service providers rapidly
implement STIR/SHAKEN, Chairman
Pai sent letters to major voice service
providers urging them to implement a
robust caller ID authentication
framework by the end of 2019. He asked
these providers for specific details about
their implementation plans, and
encouraged those that did not appear to
have established concrete plans to
promptly protect their subscribers with
STIR/SHAKEN. In response, the
providers submitted letters detailing
their implementation efforts. Since that
time, Commission staff has closely
tracked the progress of major voice
service providers in implementation of
the STIR/SHAKEN framework.
14. In June 2019, the Commission
adopted a Declaratory Ruling and Third
Further Notice of Proposed Rulemaking
that proposed and sought comment on
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mandating implementation of STIR/
SHAKEN in the event that major voice
service providers did not voluntarily
implement the framework by the end of
2019. We stressed that
‘‘[i]mplementation of the SHAKEN/STIR
framework across voice networks is
important in the fight against unwanted,
including illegal, robocalls’’ and
proposed to extend any mandate to
‘‘wireline, wireless, and Voice over
Internet Protocol (VoIP) providers’’;
sought comment on what we should
require voice service providers to
accomplish to meet an implementation
mandate; and asked for comment on
how long voice service providers should
be given to comply with such a
mandate. We further sought comment
on whether we should establish
requirements regarding the display of
STIR/SHAKEN attestation information,
what role the Commission should have
in STIR/SHAKEN governance, and how
we could encourage caller ID
authentication on non-IP networks. The
Declaratory Ruling and Third Further
Notice of Proposed Rulemaking also
affirmed that voice service providers
may, by default, block unwanted calls
based on reasonable call analytics, as
long as their customers are informed
and have the opportunity to opt out of
the blocking; proposed to create a safe
harbor for voice service providers that
block calls which fail STIR/SHAKEN
verification; and sought comment on
whether we should create a safe harbor
for voice service providers that block
calls which do not have authenticated
caller ID information.
15. In July 2019, the Commission held
a summit focused on implementation of
STIR/SHAKEN. Summit participants
included representatives from large and
small voice service providers, analytics
companies, vendors, and members of
the Governance Authority. The
participants discussed implementation
progress made by major voice service
providers; using STIR/SHAKEN to
improve the consumer experience; and
implementation challenges faced by
small voice service providers.
16. Developments in STIR/SHAKEN
Governance. Currently, the Secure
Telephone Identity Governance
Authority (STI–GA), established by
ATIS, fills the Governance Authority
role. The STI–GA’s membership was
designed to provide a diverse
representation of stakeholders from
across the industry. The STI–GA
selected the Policy Administrator,
iconectiv, in May 2019. In December
2019, the Policy Administrator
approved the first Certification
Authorities, and announced that voice
service providers are now able to
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register with the Policy Administrator to
obtain the credentials necessary to
receive certificates from approved
Certification Authorities.
17. Implementation by Voice Service
Providers. We recognize that a number
of providers have been working hard to
implement caller ID authentication.
Some voice service providers reported
that, by the end of 2019, they had
completed the necessary network
upgrades to support the STIR/SHAKEN
framework and that they were
exchanging a limited amount of traffic
with authenticated caller ID information
with other voice service providers.
Others, however, reported only that they
had completed necessary network
upgrades by the end of 2019, but had
not begun exchanging authenticated
traffic with other voice service
providers. Still others have shown little
to no progress in upgrading their
networks to be STIR/SHAKEN-capable.
18. More specifically, as of the end of
2019, AT&T, Bandwidth, Charter,
Comcast, Cox, T-Mobile, and Verizon
announced that they had upgraded their
networks to support STIR/SHAKEN.
AT&T, for example, confirmed that it
‘‘authenticates all calls on its network
that originate from [Voice over LTE] and
consumer VoIP customers’’ and
‘‘estimates that approximately 90
percent of its wireless customer base
(prepaid and postpaid) and more than
50 percent of its consumer wireline
customer base are SHAKEN/STIR
capable.’’ Charter stated that it ‘‘fulfilled
[its] commitment to complete the
implementation of the STIR/SHAKEN
framework by the end of [2019].’’
Similarly, Comcast reported that
‘‘virtually all calls originating from a
Comcast residential subscriber and
terminating with a Comcast residential
subscriber are fully authenticated
through the STIR/SHAKEN protocol.’’
Cox reported that it ‘‘has deployed
SHAKEN/STIR to over 99% of [its]
residential customers enabling Cox to
sign originating and terminating calls.’’
T-Mobile stated that it was ‘‘the first
wireless provider to fully implement
STIR/SHAKEN standards on [its]
network’’ and is ‘‘capable of signing and
authenticating 100% of SIP traffic that
both originates and then terminates on
[its] network.’’ According to Verizon, it
‘‘finished deploying STIR/SHAKEN to
its wireless customer base (which
constitutes more than 95% of [its] total
traffic) in March 2019,’’ ‘‘is devoting
substantial resources to deploying STIR/
SHAKEN to wireline customers that
receive service on IP platforms capable
of being upgraded with the STIR/
SHAKEN protocol’’ and expects ‘‘to
achieve deployment of STIR/SHAKEN
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to Fios Digital customers later this
year.’’
19. These voice service providers,
however, were exchanging only a
limited amount of authenticated traffic
with other voice service providers as of
the end of 2019. For instance, Comcast
has begun to exchange authenticated
calls with AT&T and T-Mobile, and
explained that, as of December 2019,
approximately 14.25% of all calls
‘‘originating on other voice providers’
networks and bound for Comcast
residential subscribers had a STIR/
SHAKEN-compliant header and were
verified by Comcast.’’ T-Mobile
explained that it is also authenticating
some traffic exchanged with AT&T,
Comcast, and Inteliquent. According to
AT&T, it ‘‘exchanges approximately 40
percent of its SHAKEN/STIR consumer
VoIP traffic with one terminating service
provider.’’ Verizon stated that it was
signing ‘‘under half of [its] outbound
traffic’’ with one provider as of the end
of 2019, and that ‘‘for the other three
partners,’’ its production levels were
under 5%. Cox explained that it is
‘‘exchanging authenticated traffic with
four carriers resulting in over 14% of all
calls on Cox’ residential IP network
being verified.’’ Charter stated that it is
‘‘exchanging signed and authenticated
customer call traffic end-to-end with
Comcast.’’ Bandwidth is also in early
stages of exchanging traffic and ‘‘has
designed, tested and deployed the
capability to exchange some of its
production traffic with Verizon Wireless
directly utilizing ‘self-signed’
certifications that are in keeping with
the STIR/SHAKEN framework.’’
20. Other voice service providers—
namely Frontier, Sprint, U.S. Cellular,
and Vonage—stated that they have
performed necessary network upgrades,
but had only begun the negotiating and
testing phase of exchanging
authenticated traffic with other voice
service providers as of the end of 2019.
Frontier reported that it ‘‘established the
capability to authenticate and sign
calls’’ and is in the negotiating and
testing phase regarding authenticating
traffic exchanged with other voice
service providers. Sprint reported that it
‘‘deployed the core STIR/SHAKEN
capability in its network’’ and was
testing the exchange of authenticated
traffic with Comcast and T-Mobile. In
2019, U.S. Cellular ‘‘successfully
implemented the STIR/SHAKEN
technology in its network’’ and is
currently ‘‘in various stages of the
[interconnection agreement] process
with three of the four national wireless
carriers . . . including, the successful
exchange of traffic on a test basis with
at least one of . . . those carriers.’’
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Vonage reported that it was testing with
‘‘its two largest peering partners’’ and
had ‘‘reached out to twenty additional
carriers to implement outbound and
inbound testing schedules.’’
21. An additional category of voice
service providers—namely CenturyLink,
TDS, and Google—has indicated limited
progress in making the necessary
network upgrades. CenturyLink, for
instance, stated that as of late 2019 it
had ‘‘taken the steps necessary to
prepare its network for SHAKEN/STIR
deployment’’ and is currently
conducting testing for wider
deployment on its IP networks. TDS,
meanwhile, reported that it had
completed work in 2019 to evaluate,
select, and lab test a vendor solution to
allow it to integrate STIR/SHAKEN in
the IP portions of its network. It is in the
process of developing implementation
plans, but because many of its
interconnection points with other
providers are not IP-enabled, it
‘‘forecast[s] that only a small percentage
of traffic will be exchanged in IP when
SHAKEN/STIR is initially deployed in
the TDS IP network.’’ Google provided
limited detail about the status of
implementation but stated that it
‘‘remains committed to implementing
SHAKEN/STIR and . . . ha[s] taken
considerable steps toward doing so.’’
22. Congressional Direction to Require
STIR/SHAKEN Implementation. On
December 30, 2019, Congress enacted
the TRACED Act, with the stated
purpose of ‘‘helping to reduce illegal
and unwanted robocalls’’ through
numerous mechanisms. Along with
other provisions directed at addressing
robocalls, the TRACED Act directs the
Commission to require, no later than 18
months from enactment, all voice
service providers to implement STIR/
SHAKEN in the IP portions of their
networks and implement an effective
caller ID authentication framework in
the non-IP portions of their networks.
The TRACED Act further creates
processes by which voice service
providers (1) may be exempt from this
mandate if the Commission determines
they have achieved certain
implementation benchmarks, and (2)
may be granted an extension for
compliance based on a finding of undue
hardship because of burdens or barriers
to implementation or based on a delay
in development of a caller ID
authentication protocol for calls
delivered over non-IP networks. The
TRACED Act further directs us, not later
than December 30, 2020, to submit a
report to Congress that includes: (1) an
analysis of the extent to which voice
service providers have implemented
caller ID authentication frameworks and
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whether the availability of necessary
equipment and equipment upgrades has
impacted such implementation; and (2)
an assessment of the efficacy of the call
authentication frameworks.
23. This rulemaking is one of several
steps we are taking to implement the
TRACED Act. For instance, we recently
proposed rules to establish a registration
process for a ‘‘single consortium that
conducts private-led efforts to trace back
the origin of suspected unlawful
robocalls.’’ Additionally, the Wireline
Competition Bureau (Bureau) has
charged the NANC Call Authentication
Trust Anchor Working Group with
providing recommendations regarding
the TRACED Act’s direction that the
Commission ‘‘issue best practices that
providers of voice service may use as
part of the implementation of effective
call authentication frameworks . . . to
take steps to ensure the calling party is
accurately identified.’’ We will continue
to work swiftly and carefully to
implement the TRACED Act and protect
Americans from illegal robocalls.
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III. Report and Order
24. In this Report and Order, we
require all originating and terminating
voice service providers to implement
the STIR/SHAKEN framework in the IP
portions of their networks by June 30,
2021. We adopt this mandate for several
reasons, including that (1) Widespread
implementation will result in significant
benefits from American consumers; (2)
the record overwhelmingly reflects
support from a broad array of
stakeholders for rapid STIR/SHAKEN
implementation; (3) the state of
industry-wide implementation at the
end of 2019 demonstrates that further
government action is necessary for
timely, ubiquitous implementation; and
(4) the TRACED Act expressly directs us
to require timely STIR/SHAKEN
implementation. Below, we discuss
these reasons in more detail; describe
the specific requirements that comprise
our mandate; discuss our legal authority
to adopt these requirements; respond to
the limited record opposition to a
mandate; and find that the benefits of
STIR/SHAKEN implementation will far
exceed the costs. USTelecom and CTIA
ask us to adopt a broad call blocking
safe harbor today. Transaction Network
Services suggests that we require or
recommend that providers pair STIR/
SHAKEN with analytics. We intend to
address call-blocking issues and the role
of analytics in relation to call blocking
in a separate item and thus decline to
address these requests here.
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A. Mandating the STIR/SHAKEN
Framework
25. We require all originating and
terminating voice service providers to
implement the STIR/SHAKEN
framework in the IP portions of their
networks by June 30, 2021 for several
compelling reasons. First, ubiquitous
STIR/SHAKEN implementation will
yield substantial benefits for American
consumers. We estimate that the
benefits of eliminating the wasted time
and nuisances caused by illegal scam
robocalls will exceed $3 billion
annually. And more importantly, we
expect STIR/SHAKEN paired with call
analytics to serve as a tool to effectively
protect American consumers from
fraudulent robocall schemes that cost
Americans approximately $10 billion
annually. Further, we anticipate that
implementation will increase consumer
trust in caller ID information and
encourage consumers to answer the
phone, thereby benefitting businesses,
healthcare providers, and non-profit
charities. Widespread implementation
also benefits public safety by decreasing
disruptions to healthcare and
emergency communications systems,
and as a result, saving lives. Additional
benefits include significantly reducing
costs for voice service providers by
eliminating unwanted network
congestion and decreasing the number
of consumer complaints about robocalls.
Ultimately, we expect widespread STIR/
SHAKEN implementation to reduce the
scourge of illegal robocalls that plague
Americans every day.
26. Second, the record
overwhelmingly reflects support from a
broad array of stakeholders for rapid
STIR/SHAKEN deployment, and many
commenters support a STIR/SHAKEN
mandate. Commenters, including the
attorneys general of all fifty states and
the District of Columbia, consumer
groups, and major voice service
providers expressed support for
Commission action if widespread
voluntary implementation did not
occur. The unified state attorneys
general argue that a mandate is
necessary ‘‘in the absence of prompt
voluntary implementation’’ by the end
of 2019 because without such action,
‘‘[b]ad actors exploit inexpensive and
ubiquitous technology to scam
consumers and to intrude upon
consumers’ lives, and the problem
shows no signs of abating.’’ Consumer
group commenters, including Consumer
Reports, the National Consumer Law
Center, Consumer Action, the Consumer
Federation of America, the National
Association of Consumer Advocates,
and Public Knowledge, observe that
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‘‘cross-carrier implementation has been
relatively limited’’ and state that we
‘‘should require phone companies to
adopt effective call-authentication
policies and technologies.’’ AT&T
explains that ‘‘SHAKEN/STIR must be
widely deployed to be effective.’’
Verizon similarly explains that STIR/
SHAKEN only works if all voice service
providers have implemented the
framework in the call path—increasing
the utility of a mandate. Other
providers, including Comcast and
Transaction Network Services, support a
‘‘measured’’ STIR/SHAKEN requirement
that accounts for existing
implementation challenges. We find
that our June 30, 2021 implementation
date and application of the STIR/
SHAKEN mandate to only the IP
portions of originating and terminating
voice service providers’ networks
satisfies these commenters’ concerns.
And even commenters who express
hesitation about a mandate are receptive
to one that accounts for the burdens and
barriers confronted by rural and small
voice service providers, which we
proposed to address through the process
established in the TRACED Act. For
example, the Voice of America’s
Broadband Providers and Teliax are
receptive to a mandate that ‘‘focus[es]
on implementation of . . . legislation
Congress enacts’’ and provides for a
more flexible implementation timeframe
for small and rural providers.
27. Third, although some major voice
service providers have taken significant
steps towards STIR/SHAKEN
implementation, the level of
implementation by the Commission’s
end of 2019 deadline shows that, absent
further governmental action, we will not
have timely ubiquitous implementation.
As Verizon states, ‘‘verifying [c]aller ID
for consumers using STIR/SHAKEN
presents a classic collectivity challenge
that industry may not be able to
overcome on its own.’’ As we have
explained, some voice service providers
reported that, by the end of 2019, they
completed the necessary network
upgrades to support the STIR/SHAKEN
framework and that they were
exchanging a limited amount of traffic
with authenticated caller ID information
with other voice service providers.
Others, however, reported only that they
had completed necessary network
upgrades by the end of 2019, but had
not begun exchanging with other voice
service providers. Still others have
shown little to no progress in upgrading
their networks to be STIR/SHAKENcapable. We find that the lack of
common exchange among these voice
service providers—and the absence of
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substantial progress by several of
them—demonstrate that major voice
service providers have failed to meet the
goal of achieving full implementation by
the end of 2019. We therefore must act
to ensure faster progress to protect the
public from the scourge of illegal
robocalls.
28. Finally, confirming our decision is
the recently-enacted TRACED Act,
which provides additional support for
the implementation mandate we set
forth today. The TRACED Act directs
the Commission to ‘‘require a provider
of voice service to implement the STIR/
SHAKEN authentication framework in
the [IP] networks of the provider of
voice service.’’ Congress’s clear
direction to require timely STIR/
SHAKEN implementation further
encourages us to adopt the mandate in
this Report and Order.
29. Limited Record Opposition to a
STIR/SHAKEN Implementation
Mandate. We disagree with those
commenters who argue that we should
not move forward with a STIR/SHAKEN
implementation mandate. First, we
specifically disagree with the argument
that we should delay a mandate while
industry develops technical solutions to
allow the STIR/SHAKEN framework to
accommodate certain more challenging
scenarios. According to some
commenters, the standards for
attestation do not fully account for the
situation where an enterprise subscriber
places outbound calls through a voice
service provider other than the voice
service provider that assigned the
telephone number. In such scenarios,
commenters claim, it would be difficult
for an outbound call to receive ‘‘full’’ or
‘‘A’’ attestation because the outbound
call ‘‘will not pass through the
authentication service of the voice
service provider that controls the
numbering resource.’’ To provide ‘‘full’’
or ‘‘A’’ attestation, the voice service
provider must be able to confirm the
identity of the subscriber making the
call, and that the subscriber is using its
associated telephone number. We are
optimistic that standards bodies, which
remain engaged on the impact of STIR/
SHAKEN on more challenging use cases
and business models, will be able to
resolve those issues—just as they have
overcome numerous other barriers to
caller ID authentication so far. We will
continue to monitor industry progress
towards solutions to these issues. For
instance, the Internet Engineering Task
Force (IETF) has proposed a ‘‘certificate
delegation’’ solution that would allow
‘‘the carrier who controls the numbering
resource . . . to delegate a credential
that could be used to sign calls
regardless of which network or
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administrative domain handles the
outbound routing for the call.’’ Further,
granting a delay until standards bodies
address every possible issue would risk
creating an incentive for some parties to
draw out standards-setting processes, to
the detriment of widespread STIR/
SHAKEN implementation. To the
contrary, by establishing a June 30, 2021
deadline for widespread STIR/SHAKEN
implementation, we create an incentive
for standards bodies to work quickly to
issue actionable standards and solutions
for enterprise calls. For this reason, we
need not adopt a separate deadline for
industry development of standards and
solutions for enterprise calls, as
requested by Cloud Communications
Alliance. In any event, the TRACED Act
requires that voice service providers
implement the STIR/SHAKEN
framework in their IP networks on this
timetable, with only those extensions
and exceptions specified by Congress.
We decline USTelecom’s request ‘‘to
remove the discussion surrounding
enterprise signing from the Draft S/S
Mandate Order and to move it to the
Draft S/S Mandate FNPRM to seek
further comment.’’ We find this request
inconsistent with the structure of the
TRACED Act, which creates a general
mandate and exceptions to that
mandate, rather than limiting the scope
of the mandate to non-enterprise calls in
the first instance. We also note that
USTelecom has emphasized that some
enterprise signing will be ‘‘possible in
the near term’’ and that ‘‘some voice
service providers with enterprise
customers are already working on
providing the ability for their enterprise
customers to have certain enterprise
calls signed (with A-level attestation)
this year.’’ We are confident that
mandating, consistent with the TRACED
Act, that voice service providers
implement the STIR/SHAKEN
framework in their IP networks—subject
to the extensions and exceptions created
by the TRACED Act—will create
beneficial incentives for industry to
continue to quickly develop standards
to address enterprise calls.
30. Second, we disagree with
Competitive Carriers Association’s
argument that adopting a STIR/
SHAKEN mandate would ‘‘risk
impeding development of other
potential new strategies to block
robocalls.’’ The STIR/SHAKEN
framework is one important solution
that should be part of an arsenal of
effective remedies to combat robocalls,
and its implementation does not
preclude voice service providers from
pursuing additional solutions. Further,
consistent with Congress’s direction in
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the TRACED Act, we will plan to revisit
our caller ID authentication rules
periodically to ensure that they remain
up to date.
31. Finally, we disagree with ACA
Connects’ suggestion that we limit our
implementation mandate to only those
voice service providers that originate
large volumes of illegal robocalls. ACA
Connects fails to account for the
importance of network-wide
implementation to the effectiveness of
STIR/SHAKEN in reducing spoofed
robocalls. Moreover, it fails to explain
how we would identify or define such
carriers or how such a scheme would
stop malicious callers from simply using
a different voice service provider.
1. STIR/SHAKEN Implementation
Requirements
32. We adopt our proposal in the 2019
Further Notice to require voice service
providers to implement the STIR/
SHAKEN framework. Specifically, we
require all originating and terminating
voice service providers to fully
implement STIR/SHAKEN on the
portions of their voice networks that
support the transmission of SIP calls
and exchange calls with authenticated
caller ID information with the providers
with which they interconnect. This
STIR/SHAKEN mandate will create the
trust ecosystem necessary for effective
caller ID authentication.
33. As part of today’s mandate, we
adopt the following three requirements:
(i) A voice service provider that
originates a call that exclusively transits
its own network must authenticate and
verify the caller ID information
consistent with the STIR/SHAKEN
authentication framework; (ii) a voice
service provider originating a call that it
will exchange with another voice
service provider or intermediate
provider must authenticate the caller ID
information in accordance with the
STIR/SHAKEN authentication
framework and, to the extent technically
feasible, transmit that caller ID
information with authentication to the
next provider in the call path; and (iii)
a voice service provider terminating a
call with authenticated caller ID
information it receives from another
provider must verify that caller ID
information in accordance with the
STIR/SHAKEN authentication
framework. We discuss these
requirements below. The TRACED Act
states in § 4(b)(1)(A) that the
Commission shall ‘‘require a provider of
voice service to implement the STIR/
SHAKEN authentication framework’’ in
its IP networks. It goes on to create an
exemption, stating that the Commission
‘‘shall not take the action’’ set forth in
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§ 4(b)(1)(A) ‘‘if the Commission
determines [by December 30, 2020] that
such provider of voice service’’ in its
Internet Protocol networks meets four
criteria focused on achieving certain
benchmarks prior to the full mandate
going into effect. USTelecom has
submitted proposed interpretations of
those four criteria for our consideration.
Among other things, USTelecom
proposes requiring a showing that all
consumer VoIP and VoLTE traffic
originating on a voice service provider’s
network is capable of authentication, or
will be capable of authentication, by
June 30, 2021. CTIA and USTelecom
argue that we should consider replacing
the implementation criteria that we
adopt with USTelecom’s interpretations
of the four criteria in § 4(b)(2)(A). We
find this request inconsistent with the
structure of the TRACED Act, which
creates a general mandate to implement
STIR/SHAKEN in § 4(b)(1)(A) and a
separate exemption process in
§ 4(b)(2)(A). Further, USTelecom’s
suggested language would not
adequately address the responsibilities
of voice service providers to
‘‘implement the STIR/SHAKEN
authentication framework’’ in
accordance with § 4(b)(1)(A) because it
would only require demonstration of
testing and capability rather than the
details of how authentication must
actually be applied.
34. First, a voice service provider
must authenticate and verify, consistent
with the STIR/SHAKEN authentication
framework, the caller ID information of
those calls that it originates and
terminates exclusively in the IP portions
of its own network. The most effective
caller ID authentication system requires
the application of STIR/SHAKEN to all
calls, including calls solely originating
and terminating on the same voice
service provider’s network. We
recognize that certain components of the
STIR/SHAKEN framework are designed
to promote trust across different voice
service provider networks and so are not
necessary for calls that a voice service
provider originates and terminates
solely on its own network. A provider
satisfies its obligation under this
requirement so long as it authenticates
and verifies in a manner consistent with
the STIR/SHAKEN framework, such as
by including origination and attestation
information in the SIP INVITE used to
establish the call.
35. Our next two requirements relate
to the exchange of caller ID
authentication information. In the 2019
Further Notice, we sought comment on
whether we should ‘‘require providers
to sign calls on an intercarrier basis.’’
The record demonstrated support for
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this approach, and we add specificity by
outlining particular obligations on voice
service providers for this requirement.
More specifically, a voice service
provider that originates a call which it
will exchange with another voice
service provider or intermediate
provider must use an authentication
service and insert the Identity header in
the SIP INVITE and thus authenticate
the caller ID information in accordance
with the STIR/SHAKEN authentication
framework; it further must transmit that
call with authentication to the next
voice service provider or intermediate
provider in the call path, to the extent
technically feasible. We recognize that
the transmission of STIR/SHAKEN
authentication information over a nonIP interconnection point is not
technically feasible at this time.
Additionally, a voice service provider
that terminates a call with authenticated
caller ID information it receives from
another voice service provider or
intermediate provider must use a
verification service, which uses a public
key to review the information stored in
the Identity header to verify that caller
ID information in accordance with the
STIR/SHAKEN authentication
framework. These actions are at the core
of an effective STIR/SHAKEN
ecosystem, and each action requires the
other: A terminating voice service
provider can only verify caller ID
information that has been authenticated
by the originating voice service provider
and transmitted with authentication,
while an originating voice service
provider’s authentication has little value
if the terminating voice service provider
fails to verify that caller ID information.
36. Definitions and Scope. For
purposes of the rules we adopt today,
and consistent with the TRACED Act,
we define ‘‘STIR/SHAKEN
authentication framework’’ as ‘‘the
secure telephone identity revisited and
signature-based handling of asserted
information using tokens standards.’’
For purposes of compliance with this
definition, we find that it would be
sufficient to adhere to the three ATIS
standards that are the foundation of
STIR/SHAKEN—ATIS–1000074, ATIS–
1000080, and ATIS–1000084—and all
documents referenced therein. We
recognize that industry is actively
working to improve STIR/SHAKEN.
Compliance with the most current
versions of these three standards as of
March 31, 2020, including any errata as
of that date or earlier, represents the
minimum requirement to satisfy our
rules. ATIS and the SIP Forum
conceptualized ATIS–1000074 as
‘‘provid[ing] a baseline that can evolve
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22035
over time, incorporating more
comprehensive functionality and a
broader scope in a backward compatible
and forward looking manner.’’ We
intend for our rules to provide this same
room for innovation, while maintaining
an effective caller ID authentication
ecosystem. Voice service providers may
incorporate any improvements to these
standards or additional standards into
their respective STIR/SHAKEN
authentication frameworks, so long as
any changes or additions maintain the
baseline call authentication
functionality exemplified by ATIS–
1000074, ATIS–1000080, and ATIS–
1000084.
37. For purposes of our rules, we also
adopt a definition of ‘‘voice service’’
that aligns with the TRACED Act. The
TRACED Act employs a broad definition
of ‘‘voice service’’ that includes
‘‘without limitation, any service that
enables real-time, two-way voice
communications, including any service
that requires [I]nternet [P]rotocolcompatible customer premises
equipment . . . and permits out-bound
calling, whether or not the service is
one-way or two-way voice over
[I]nternet [P]rotocol.’’ The TRACED Act
definition is limited, however, to service
‘‘that is interconnected with the public
switched telephone network and that
furnishes voice communications to an
end user.’’ Thus, the rules we adopt
today apply to originating and
terminating voice service providers and
exclude intermediate providers.
38. In recognition of the fact that
STIR/SHAKEN is a SIP-based solution,
we limit application of the rules we
adopt today to only the IP portions of
voice service providers’ networks—
those portions that are able to initiate,
maintain, and terminate SIP calls. This
approach is consistent with section
4(b)(1)(A) of the TRACED Act, which
directs us to require implementation of
STIR/SHAKEN ‘‘in the [I]nternet
[P]rotocol networks of the provider of
voice service.’’ We agree with
commenters that it would be
inappropriate to simply extend the
mandate we adopt to non-IP networks.
39. We adopt the proposal from the
2019 Further Notice that our
implementation mandate apply to all
types of ‘‘voice service providers—
wireline, wireless, and Voice over
Internet Protocol (VoIP) providers.’’ The
Cloud Communications Alliance has
raised concerns over whether all voice
service providers are able to obtain the
certificates used for the intercarrier
exchange of authenticated caller ID
information under the Governance
Authority’s current policies. We look
forward to working with the Governance
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Authority and the Cloud
Communications Alliance and its
members to determine how best to
resolve these issues expeditiously going
forward. This includes both two-way
and one-way interconnected VoIP
providers. For STIR/SHAKEN to be
successful, all voice service providers
capable of implementing the framework
must participate. If a subset of voice
service providers continue operating on
IP networks without implementing
STIR/SHAKEN, it will undercut the
framework’s effectiveness. Congress
demonstrated its recognition of this fact
when it adopted a broad definition of
‘‘voice service’’ in the TRACED Act,
which includes ‘‘any service that is
interconnected with the public switched
telephone network and that furnishes
voice communications to an end user
using resources from the North
American Numbering Plan.’’ This
includes, ‘‘without limitation, any
service that enables real-time, two-way
voice communications, including any
service that requires [I]nternet [P]rotocol
-compatible customer premises
equipment (commonly known as ‘CPE’)
and permits out-bound calling, whether
or not the service is one-way or two-way
voice over [I]nternet [P]rotocol.’’ We
find that our conclusion to apply the
mandate to a broad category of voice
service providers is consistent with
Congress’s language in the TRACED Act.
40. Finally, we clarify that the rules
we adopt today do not apply to
providers that lack control of the
network infrastructure necessary to
implement STIR/SHAKEN.
41. Implementation Deadline. We set
the implementation deadline of June 30,
2021 for two reasons. First, it is
consistent with the TRACED Act, which
requires us to set a deadline for
implementation of STIR/SHAKEN that
is not later than 18 months after
enactment of that Act, i.e., no later than
June 30, 2021. Second, this deadline
will provide sufficient time for us to
implement, and for voice service
providers to gain, a meaningful benefit
from the implementation exemption and
extension mechanisms established by
the TRACED Act. Because we find that
this implementation deadline is
necessary to accommodate the various
exemption and extension mechanisms
established by the TRACED Act, we
decline to adopt the suggestion of some
commenters that we mandate
implementation by June 1, 2020. As we
note in the accompanying Further
Notice, the TRACED Act contemplates
compliance extensions and exemptions
for those providers that we determine
meet certain criteria by December 30,
2020. We see no way to square this
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statutory requirement with imposition
of a mandate six months before that
date.
2. Legal Authority
42. We conclude that section 251(e) of
the Communications Act of 1934, as
amended (the Act), provides authority
to mandate the adoption of the STIR/
SHAKEN framework in the IP portions
of voice service providers’ networks.
Section 251(e) provides us ‘‘exclusive
jurisdiction over those portions of the
North American Numbering Plan that
pertain to the United States.’’ Pursuant
to this provision, we retain ‘‘authority to
set policy with respect to all facets of
numbering administration in the United
States.’’ Our exclusive jurisdiction over
numbering policy enables us to act
flexibly and expeditiously with regard
to important numbering matters. When
bad actors unlawfully falsify or spoof
the caller ID that appears on a
subscriber’s phone, they are using
numbering resources to advance an
illegal scheme. Mandating that voice
service providers deploy the STIR/
SHAKEN framework will help to
prevent the fraudulent exploitation of
North American Numbering Plan
(NANP) resources by permitting those
providers and their subscribers to
identify when caller ID information has
been spoofed. Section 251(e) thus grants
us authority to mandate that voice
service providers implement the STIR/
SHAKEN caller ID authentication
framework in order to prevent the
fraudulent exploitation of numbering
resources. The Commission has
previously concluded that its
numbering authority allows it to extend
numbering-related requirements to
interconnected VoIP providers that use
telephone numbers. As the Commission
has explained, ‘‘the obligation to ensure
that numbers are available on an
equitable basis is reasonably understood
to include not only how numbers are
made available but to whom, and on
what terms and conditions. Thus, we
conclude that the Commission has
authority under section 251(e)(1) to
extend to interconnected VoIP providers
both the rights and obligations
associated with using telephone
numbers.’’ Moreover, as the
Commission has previously found,
section 251(e) extends to ‘‘the use of
. . . unallocated and unused numbers’’;
it thus gives us authority to mandate
that voice service providers implement
the STIR/SHAKEN framework to
address the spoofing of unallocated and
unused numbers. The Commission
previously relied on this authority to
make clear that voice service providers
may block calls that spoof invalid,
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unallocated, or unused numbers, none
of which can actually be used to
originate a call. In the 2019 Further
Notice, we proposed to rely on section
251(e) of the Act for authority to
mandate implementation of caller ID
authentication technology and,
specifically, the STIR/SHAKEN
framework; no commenter challenged
that proposal. We note, however, that
because STIR/SHAKEN implementation
is not a ‘‘numbering administration
arrangement,’’ section 251(e)(2), which
provides that ‘‘[t]he cost of establishing
telecommunications numbering
administration arrangements . . . shall
be borne by all telecommunications
carriers on a competitively neutral
basis,’’ does not apply here. Even if
section 251(e)(2) did apply, we find that
it is satisfied by our requirement that
each carrier bear its own costs, since
each carrier’s costs will be proportional
to the size and quality of its network.
43. The TRACED Act confirms our
authority to mandate the adoption of the
STIR/SHAKEN framework in the IP
portions of voice service providers’
networks. Indeed, the TRACED Act
expressly directs us to require voice
service providers to implement the
STIR/SHAKEN framework in the IP
portions of their networks no later than
18 months after the date of that Act’s
enactment. The TRACED Act thus
provides a second clear source of
authority for the rules we adopt today.
44. Finally, we note that Congress
charged us with prescribing regulations
to implement the Truth in Caller ID Act,
which made unlawful the spoofing of
caller ID information ‘‘in connection
with any telecommunications service or
IP-enabled voice service . . . with the
intent to defraud, cause harm, or
wrongfully obtain anything of value.’’
Given the constantly evolving tactics by
malicious callers to use spoofed caller
ID information to commit fraud, we find
that the rules we adopt today are
necessary to enable voice service
providers to help prevent these
unlawful acts and to protect voice
service subscribers from scammers and
bad actors. Thus, section 227(e)
provides additional independent
authority for these rules. While we
sought comment in the 2019 Robocall
Declaratory Ruling and Further Notice
on the applicability of sections 201(b)
and 202(a) as sources of authority, we
did so in the context of adopting rules
to create a safe harbor for certain callblocking programs and requiring voice
service providers that offer call-blocking
programs to maintain a Critical Calls
List. Because we did not seek comment
in that item on whether these provisions
grant the Commission authority to
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mandate caller ID authentication, and
specifically STIR/SHAKEN, we do not
rely on them here as sources of
authority.
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B. Summary of Costs and Benefits
45. We are convinced that the benefits
of requiring STIR/SHAKEN
implementation far outweigh the costs,
even if adoption of the TRACED Act
makes a comprehensive cost-benefit
analysis of a STIR/SHAKEN
implementation mandate unnecessary.
Because STIR/SHAKEN is a part of a
broader set of technological and
regulatory efforts necessary to address
illegal calls, and its limited deployment
makes it difficult to measure its full
effects at this time, we compare the
estimated costs of implementing STIR/
SHAKEN to the overall foreseeable
range of quantifiable and nonquantifiable benefits of eliminating
illegal calls, recognizing that STIR/
SHAKEN is necessary but not, alone, a
solution to the problem. These benefits
include reduction in nuisance calls,
increased protection from illegally
spoofed calls restoration of consumer
confidence in incoming calls, fewer
robocall-generated disruptions of
healthcare and emergency
communications, reduction in
regulatory enforcement costs, and
reduction in provider costs. We
conclude that, based on any plausible
assumption about the scope of illegal
calls deterred by STIR/SHAKEN, the
foreseeable benefits of STIR/SHAKEN
implementation—including reduction
in calls that cost Americans billions of
dollars each year—will far exceed
estimated costs, including both
recurring operating costs of between
roughly $39 million and $780 million
annually and estimated up-front costs,
which may be in the tens of millions of
dollars for the largest voice service
providers. It is implausible that total
implementation costs will come close to
the expected benefits of our actions. For
example, broad industry support for
deploying STIR/SHAKEN strongly
indicates that the benefits to industry
alone outweigh implementation costs,
even before considering the benefits to
consumers of implementation.
1. Expected Benefits
46. We supplement our estimate of
the benefits of eliminating illegal and
unwanted robocalls in the 2019 Further
Notice with additional data. Consistent
with our earlier conclusion, we find that
the deployment requirements set forth
in this Report and Order will be integral
to solving illegal robocall spoofing
specifically and illegal robocalling
generally.
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47. Eliminating Nuisance. In the 2019
Further Notice, we estimated benefits of
at least $3 billion from eliminating
illegal scam robocalls. That estimate
assumed a benefit of ten cents per call
and multiplied it across a figure of 30
billion illegal scam robocalls per year,
derived from third-party data. We also
sought comment on this $3 billion
estimate and concluded that ‘‘most of
these benefits can be achieved . . .
primarily because SHAKEN/STIR will
inform providers of the call’s true
origination.’’ We received no comment
on this conclusion. In its comments,
Smithville Telephone Company states
that a $3 billion benefit amounts to 55
cents per voice line per month
(calculated by dividing the $3 billion
benefit by 455 million retail voice
telephone service connections based on
the FCC’s Voice Telephone Services
Status as of June 30, 2017), and
questions whether such benefit is
enough to drive this decision. The
estimate of 30 billion scam calls consists
of an estimated 47% of all robocalls. If
the average line receives approximately
5 to 6 scam calls per month,
Smithville’s calculation is consistent
with our previous estimate. Our burden
is to determine that benefits exceed
costs, and we find that the benefits of
implementing STIR/SHAKEN far exceed
the costs. We agree with commenters
that STIR/SHAKEN is one important
part of a broader set of tools to solve
illegal robocalls. We thus reaffirm our
finding that the potential benefits
resulting from eliminating the wasted
time and nuisances caused by illegal
scam robocalls will exceed $3 billion
annually.
48. Reducing Fraud. Fraudulent
robocall schemes cost Americans an
estimated $10.5 billion annually,
according to a third-party survey. To
reach $10.5 billion, Truecaller
multiplied the 17% of survey
respondents who reported losing money
in a scam during the past 12 months by
the 2018 U.S. Census adult population
estimate of 253 million. The estimated
43 million phone scam victims was then
multiplied by the average loss of $244.
A recent civil action filed by the U.S.
Department of Justice against five VoIP
carriers identifies several examples of
fraud where consumers individually
lost between $700 and $9,800 in a single
instance. To reach $10.5 billion,
Truecaller multiplied the 17% of survey
respondents who reported losing money
in a scam during the past 12 months by
the 2018 U.S. Census adult population
estimate of 253 million. The estimated
43 million phone scam victims was then
multiplied by the average loss of $244.
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While STIR/SHAKEN will not itself stop
a malicious party from using the voice
network to commit fraud, it will inform
a call recipient that the caller has used
deceptive caller ID information to try to
convince the called party to answer the
phone. Many commenters noted value
in pairing STIR/SHAKEN with call
analytics, and we expect this will
significantly reduce the effectiveness of
spoofing fraud that costs Americans
billions of dollars each year, and
similarly reduce the incidence of such
fraud.
49. Restoring Confidence in Caller ID
Information. STIR/SHAKEN
implementation and other efforts to
minimize illegal robocalls will begin to
restore trust in caller ID information and
make call recipients more likely to
answer the phone. Declines in
willingness to answer incoming calls in
recent years have harmed businesses,
healthcare providers, and non-profit
charities. For example, utility
companies often call to confirm
installation appointments, ‘‘[b]ut if the
customer doesn’t answer the phone for
the appointment reminder and the truck
shows up when they’re not there, by one
estimate, that’s a $150 cost.’’ Similarly,
medical providers have indicated that
patients often fail to answer scheduling
calls from specialists’ offices and
eventually the office will give up after
repeated attempts. Donations to
charities have also declined as a result
of the decreased likelihood of answering
the phone. Such organizations likely
will benefit because recipients should
be more likely to answer their phones if
caller ID information is authenticated.
Furthermore, while we do not adopt any
display mandates in this item, we
anticipate that voice service providers
will implement voluntary efforts to
restore confidence in caller ID
information. Studies conducted by
Cequint indicate that including
additional caller ID information (e.g.,
showing a business logo along with
caller ID information on a smartphone
display to convey legitimacy) increased
pick up rates from 21% to 71%. Such
information will enhance the benefits
achieved by STIR/SHAKEN
implementation.
50. Ensuring Reliable Access to
Emergency and Healthcare
Communications. Implementing STIR/
SHAKEN will lead to fewer disruptions
of healthcare and emergency
communication systems that needlessly
put lives at risk. Hospitals and 911
dispatch centers have reported that
robocall surges have disabled or
disrupted their communications
network, and such disruptions have the
potential to impede communications in
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life-or-death emergency situations. In
one instance, Tufts Medical Center in
Boston received more than 4,500
robocalls in a two-hour period. In
another, the phone lines of several 911
dispatch centers in Tarrant County,
Texas, were disabled because of an hour
long surge in robocalls. In 2018, the
Commission imposed a $120 million
penalty for an illegal robocall campaign
that disrupted an emergency medical
paging service. Enabling voice service
providers to more effectively identify
illegal calls, including spoofed calls, to
healthcare and emergency
communication systems should reduce
the risk of such situations. The benefit
to public safety will be considerable.
51. Reducing Costs to Voice Service
Providers. An overall reduction in
robocalls will ‘‘greatly lower network
costs by eliminating unwanted traffic
and by eliminating the labor costs of
handling numerous customer
complaints.’’ We treat these anticipated
reductions in cost as a benefit to
providers in order to limit our analysis
of expected costs to those for
implementation and operation. Illegal
robocalls have led to unnecessary
network congestion with broader
possible impacts than the targeted
disruption of healthcare and emergency
operations described above. We agree
with Comcast’s assessment that ‘‘the
ability to identify and address illegally
spoofed robocalls using STIR/SHAKEN
will help reduce network costs for voice
service providers.’’ One commenter
argues that this benefit may be realized
by larger providers more than smaller
providers and we acknowledge that the
benefits of changes in network capacity
will vary by provider. Voice service
providers should also realize cost
savings through the reduced need for
customer service regarding illegal calls.
We find that the overall benefit of these
anticipated cost savings will be
substantial and represent a long-term
reduction in provider costs attributable
to STIR/SHAKEN. Voice service
providers may pass on the cost savings
to subscribers in the form of lower
prices, resulting in additional benefit to
their subscribers.
52. Reducing Spending on
Enforcement Actions. Broad STIR/
SHAKEN implementation will both
reduce the need for enforcement against
illegally spoofed robocalls and make
continued enforcement less resource
intensive. The Commission has brought
at least six enforcement actions against
apparently liable actors for illegally
spoofing caller ID, and issued 38
warning citations for violations of the
Telephone Consumer Protection Act.
The Federal Trade Commission has
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taken 145 enforcement actions against
companies for Do Not Call Registry
violations, and 25 other federal, state,
and local agencies brought 87
enforcement actions as part of a single
2019 initiative. By reducing overall
numbers of robocalls and providing
additional information for enforcement,
industry-wide implementation of STIR/
SHAKEN will save resources at federal,
state, and local agencies. While we do
not quantify these savings, we believe
they add to the benefits of STIR/
SHAKEN implementation that will
accrue.
2. Expected Costs
53. Implementation costs for STIR/
SHAKEN will vary depending on a
voice service provider’s existing
network configuration. Commenters
indicated that voice service providers
will incur ongoing costs in addition to
one-time implementation costs.
Estimated one-time costs include,
among others, software licensing for
authentication and verification services;
hardware upgrades to network elements
such as session border controllers and
hardware upgrades required for software
compatibility; as well as connectivity
and network configuration changes,
depending on current network
configuration, and related testing. One
of the largest voice service providers
estimates that it will face one-time
implementation costs ‘‘in the tens of
millions of dollars.’’ We expect that
implementation costs are likely to vary
significantly based on voice service
provider size and choices as to
implementation solutions. For example,
voice service providers choosing to
directly implement STIR/SHAKEN will
likely face larger one-time costs than
voice service providers choosing a
hosted solution, which are likely to
have larger recurring costs. Recurring
annual costs will include fees associated
with authenticating and verifying calls,
plus certificate fees. Estimates for
recurring annual operating costs
discussed by panelists at the
Commission’s July 2019 SHAKEN/STIR
Robocall Summit range anywhere from
approximately $15,000 to $300,000. Our
estimate regarding recurring annual
operating costs reflects a range because
of variation in provider costs and the
uncertainty of costs given the ongoing
nature of STIR/SHAKEN
implementation. One commenter asserts
that recurring annual operating costs are
‘‘likely to be on the lower end of th[is]
range.’’ On the other hand, USTelecom
points out that fees paid by voice
service providers to the Governance
Authority and Policy Administrator
range from $825 to $240,000 per year
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and states that a number of its members
pay the highest annual fee. Based on the
record, we estimate that the
approximately 2,600 voice service
providers together would spend
between roughly $39 million and $780
million annually in operating costs,
with up-front costs for the largest voice
service providers in the tens of millions
of dollars. Approximately 2,600
companies offered mobile voice or fixed
voice service in December 2018. We
anticipate that voice service providers
may be able to streamline their costs
over time. Moreover, we recognize that
smaller voice service providers may
have different costs and challenges than
larger providers, but we are confident
that benefits to all Americans far exceed
one-time implementation and recurring
annual operating costs. One small, rural
provider, using estimates from the
Commission’s 2019 SHAKEN/STIR
Robocall Summit, concludes that an
annual recurring cost of $100,000 will
result in a cost of $26 per line for its 319
customers. Additionally, in the Further
Notice, we propose to extend the
compliance deadline for smaller voice
service providers and anticipate that
increased competition between vendors
may result in lower prices and higher
quality solutions. One small, rural
provider, using estimates from the
Commission’s 2019 SHAKEN/STIR
Robocall Summit, concludes that an
annual recurring cost of $100,000 will
result in a cost of $26 per line for its 319
customers. Additionally, in the Further
Notice, we propose to extend the
compliance deadline for smaller voice
service providers and anticipate that
increased competition between vendors
may result in lower prices and higher
quality solutions.
C. Other Issues
54. Display. We are pleased by voice
service providers’ efforts to incorporate
STIR/SHAKEN verification results in
the information that they display to
their customers. Voice service providers
so far are taking a variety of approaches
to leveraging STIR/SHAKEN verification
result information to protect their
subscribers from fraudulently spoofed
calls, including through display of that
information. For instance, AT&T
announced that it would display a green
checkmark and the words ‘‘Valid
Number’’ to subscribers if the call has
been authenticated and passed through
screening. T-Mobile announced that it
would display the words ‘‘Caller
Verified,’’ on the end user’s device
when it has verified that the call is
authentic. Other voice service providers
have not yet announced plans to display
STIR/SHAKEN authentication
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information. Because we expect voice
service providers to have marketplace
incentives to make the best possible use
of STIR/SHAKEN information once it is
available, and because industry
practices regarding display of STIR/
SHAKEN verification results are in their
early stages of development, we decline
at this time to require voice service
providers to display STIR/SHAKEN
verification results to their subscribers
or mandate the specifications voice
service providers must use if they
choose to display. AARP and CUNA
advocate for a display requirement but
do not identify a reason for a mandate
beyond merely pointing to the value of
displaying verification information.
While display of verification
information may be valuable, we
decline to adopt a mandate on that basis
because we expect the marketplace to
drive display efforts, and because we
anticipate that marketplace solutions
will be superior to a static regulatory
mandate. In December 2019, the
Consumer Advisory Committee
recommended that stakeholders
‘‘conduct studies and solicit input on
what factors voice service providers
should consider for displaying caller ID
information to consumers, including
. . . SHAKEN/STIR verification.’’ We
do not seek to prevent the market from
determining which form of display, if
any, is most useful; instead, we seek to
encourage voice service providers to
find the solutions that work best for
their subscribers.
55. Governance. Several commenters
advocate changing the governance
structure. These commenters suggest we
play an adjudicatory role in disputes
that may arise between voice service
providers, or direct the Governance
Authority to take action on specific use
cases, or change the membership
requirements of the Governance
Authority.
56. We decline to impose new
regulations on the STIR/SHAKEN
governance structure. Stakeholders met
the aggressive timeline laid out in the
report issued by the North American
Numbering Council (NANC),
establishing a collaborative Governance
Authority and selecting the Policy
Administrator by May 2019. By
December 2019, the Policy
Administrator approved the first
Certification Authorities, and voice
service providers were able to register
with the Policy Administrator to obtain
credentials necessary to receive
certificates from approved Certificate
Authorities. We agree with T-Mobile
that, at this time, it ‘‘is not necessary for
the Commission to have a role in STIR/
SHAKEN governance.’’ STIR/SHAKEN
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is a flexible solution with an industryled governance system that can adapt
and respond to new developments. We
do not think that our intervention in the
governance structure is appropriate at
this stage given that we do not know the
nature and scope of the problems that
may arise and industry is already
working to address specific use cases.
Additionally, because the Governance
Authority is made up of a variety of
stakeholders representing many
perspectives, we have no reason to
believe it will not operate on a neutral
basis. The current STI–GA Leadership
and Board of Directors is available at
https://www.atis.org/sti-ga/leadership.
IV. Procedural Matters
57. Paperwork Reduction Act. This
document does not contain new or
modified information collection
requirements 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.
58. Congressional Review Act. The
Commission has determined, and the
Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs, that this rule is non-major
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will
send a copy of this Report & Order and
Further Notice of Proposed Rulemaking
to Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
59. Ex Parte Rules. This proceeding
shall be treated as a ‘‘permit-butdisclose’’ 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
presentation 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
written comments, memoranda or other
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filings 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 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 meetings are deemed to be written
ex parte presentations and must be filed
consistent with Rule 1.1206(b). In
proceedings governed by Rule 1.49(f) 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.
60. Final Regulatory Flexibility
Analysis. As required by the Regulatory
Flexibility Act of 1980 (RFA), an Initial
Regulatory Flexibility Analysis (IRFA)
was incorporated into the 2019 Robocall
Declaratory Ruling and Further Notice.
The Commission sought written public
comment on the possible significant
economic impact on small entities
regarding the proposals addressed in the
2019 Robocall Declaratory Ruling and
Further Notice, including comments on
the IRFA. Pursuant to the RFA, a Final
Regulatory Flexibility Analysis is set
forth in Appendix C. The Commission’s
Consumer and Governmental Affairs
Bureau, Reference Information Center,
will send a copy of this Report and
Order, including the FRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA).
A. Need for, and Objectives of, the Rules
61. Nefarious schemes that
manipulate caller ID information to
deceive consumers about the name and
phone number of the party that is
calling them, in order to facilitate
fraudulent and other harmful activities,
continue to plague American
consumers. In this Report and Order
(Order), we both act on our proposal to
require voice service providers to
implement the STIR/SHAKEN caller ID
authentication framework if major voice
service providers did not voluntarily do
so by the end of 2019, and implement
the Pallone-Thune Telephone Robocall
Abuse Criminal Enforcement and
Deterrence (TRACED) Act, which
directs the Commission to require all
voice service providers to implement
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STIR/SHAKEN in the IP portions of
their networks.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
62. There were no comments filed
that specifically addressed the proposed
rules and policies presented in the
IRFA.
C. Response to Comments by the Chief
Counsel for Advocacy of the SBA
63. Pursuant to the Small Business
Jobs Act of 2010, which amended the
RFA, the Commission is required to
respond to any comments filed by the
Chief Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments.
64. The Chief Counsel did not file any
comments in response to the proposed
rules in this proceeding.
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D. Description and Estimate of the
Number of Small Entities to Which the
Rules Will Apply
65. The RFA directs agencies to
provide a description and, where
feasible, an estimate of the number of
small entities that may be affected by
the final rules adopted pursuant to the
Order. 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.
Pursuant to 5 U.S.C. 601(3), the
statutory definition of a small business
applies ‘‘unless an agency, after
consultation with the Office of
Advocacy of the Small Business
Administration and after opportunity
for public comment, establishes one or
more definitions of such term which are
appropriate to the activities of the
agency and publishes such definition(s)
in the Federal Register.’’A ‘‘smallbusiness 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 SBA.
1. Wireline Carriers
66. Wired Telecommunications
Carriers. The U.S. Census Bureau
defines this industry as ‘‘establishments
primarily engaged in operating and/or
providing access to transmission
facilities and infrastructure that they
own and/or lease for the transmission of
voice, data, text, sound, and video using
wired communications networks.
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Transmission facilities may be based on
a single technology or a combination of
technologies. Establishments in this
industry use the wired
telecommunications network facilities
that they operate to provide a variety of
services, such as wired telephony
services, including VoIP services, wired
(cable) audio and video programming
distribution, and wired broadband
internet services. By exception,
establishments providing satellite
television distribution services using
facilities and infrastructure that they
operate are included in this industry.’’
The SBA has developed a small
business size standard for Wired
Telecommunications Carriers, which
consists of all such companies having
1,500 or fewer employees. U.S. Census
Bureau data for 2012 show that there
were 3,117 firms that operated that year.
Of this total, 3,083 operated with fewer
than 1,000 employees. The largest
category provided by the census data is
‘‘1000 employees or more’’ and a more
precise estimate for firms with fewer
than 1,500 employees is not provided.
Thus, under this size standard, the
majority of firms in this industry can be
considered small.
67. Local Exchange Carriers (LECs).
Neither the Commission nor the SBA
has developed a size standard for small
businesses applicable to local exchange
services. The closest applicable NAICS
Code category is Wired
Telecommunications Carriers. Under
the applicable SBA size standard, such
a business is small if it has 1,500 or
fewer employees. U.S. Census Bureau
data for 2012 show that there were 3,117
firms that operated for the entire year.
Of that total, 3,083 operated with fewer
than 1,000 employees. The largest
category provided by the census data is
‘‘1000 employees or more’’ and a more
precise estimate for firms with fewer
than 1,500 employees is not provided.
Thus under this category and the
associated size standard, the
Commission estimates that the majority
of local exchange carriers are small
entities.
68. Incumbent Local Exchange
Carriers (incumbent LECs). Neither the
Commission nor the SBA has developed
a small business size standard
specifically for incumbent local
exchange services. The closest
applicable NAICS Code category is
Wired Telecommunications Carriers.
Under the applicable SBA size standard,
such a business is small if it has 1,500
or fewer employees. U.S. Census Bureau
data for 2012 indicate that 3,117 firms
operated the entire year. Of this total,
3,083 operated with fewer than 1,000
employees. Consequently, the
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Commission estimates that most
providers of incumbent local exchange
service are small businesses that may be
affected by our actions. According to
Commission data, one thousand three
hundred and seven (1,307) Incumbent
Local Exchange Carriers reported that
they were incumbent local exchange
service providers. Of this total, an
estimated 1,006 have 1,500 or fewer
employees. Thus, using the SBA’s size
standard the majority of incumbent
LECs can be considered small entities.
69. Competitive Local Exchange
Carriers (competitive LECs), Competitive
Access Providers (CAPs), Shared-Tenant
Service Providers, and Other Local
Service Providers. Neither the
Commission nor the SBA has developed
a small business size standard
specifically for these service providers.
The appropriate NAICS Code category is
Wired Telecommunications Carriers and
under that size standard, such a
business is small if it has 1,500 or fewer
employees. U.S. Census Bureau data for
2012 indicate that 3,117 firms operated
during that year. Of that number, 3,083
operated with fewer than 1,000
employees. The largest category
provided by the census data is ‘‘1000
employees or more’’ and a more precise
estimate for firms with fewer than 1,500
employees is not provided. Based on
these data, the Commission concludes
that the majority of Competitive LECS,
CAPs, Shared-Tenant Service Providers,
and Other Local Service Providers, are
small entities. According to Commission
data, 1,442 carriers reported that they
were engaged in the provision of either
competitive local exchange services or
competitive access provider services. Of
these 1,442 carriers, an estimated 1,256
have 1,500 or fewer employees. In
addition, 17 carriers have reported that
they are Shared-Tenant Service
Providers, and all 17 are estimated to
have 1,500 or fewer employees. Also, 72
carriers have reported that they are
Other Local Service Providers. Of this
total, 70 have 1,500 or fewer employees.
Consequently, based on internally
researched FCC data, the Commission
estimates that most providers of
competitive local exchange service,
competitive access providers, SharedTenant Service Providers, and Other
Local Service Providers are small
entities.
70. We have included small
incumbent LECs in this present RFA
analysis. As noted above, a ‘‘small
business’’ under the RFA is one that,
inter alia, meets the pertinent smallbusiness size standard (e.g., a telephone
communications business having 1,500
or fewer employees) and ‘‘is not
dominant in its field of operation.’’ The
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SBA’s Office of Advocacy contends that,
for RFA purposes, small incumbent
LECs are not dominant in their field of
operation because any such dominance
is not ‘‘national’’ in scope. We have
therefore included small incumbent
LECs in this RFA analysis, although we
emphasize that this RFA action has no
effect on Commission analyses and
determinations in other, non-RFA
contexts. Interexchange Carriers (IXCs).
Neither the Commission nor the SBA
has developed a small business size
standard specifically for Interexchange
Carriers. The closest applicable NAICS
Code category is Wired
Telecommunications Carriers. The
applicable size standard under SBA
rules is that such a business is small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2012 indicate
that 3,117 firms operated for the entire
year. Of that number, 3,083 operated
with fewer than 1,000 employees. The
largest category provided by the census
data is ‘‘1000 employees or more’’ and
a more precise estimate for firms with
fewer than 1,500 employees is not
provided.
71. According to internally developed
Commission data, 359 companies
reported that their primary
telecommunications service activity was
the provision of interexchange services.
Of this total, an estimated 317 have
1,500 or fewer employees.
Consequently, the Commission
estimates that the majority of
interexchange service providers are
small entities.
72. Cable System Operators (Telecom
Act Standard). The Communications
Act of 1934, as amended, also contains
a size standard for small cable system
operators, which is ‘‘a cable operator
that, directly or through an affiliate,
serves in the aggregate fewer than one
percent of all subscribers in the United
States and is not affiliated with any
entity or entities whose gross annual
revenues in the aggregate exceed
$250,000,000.’’ As of 2018, there were
approximately 50,504,624 cable video
subscribers in the United States.
Accordingly, an operator serving fewer
than 505,046 subscribers shall be
deemed a small operator if its annual
revenues, when combined with the total
annual revenues of all its affiliates, do
not exceed $250 million in the
aggregate. Based on available data, we
find that all but six incumbent cable
operators are small entities under this
size standard. We note that the
Commission neither requests nor
collects information on whether cable
system operators are affiliated with
entities whose gross annual revenues
exceed $250 million. The Commission
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does receive such information on a caseby-case basis if a cable operator appeals
a local franchise authority’s finding that
the operator does not qualify as a small
cable operator pursuant to § 76.901(f) of
the Commission’s rules. Therefore we
are unable at this time to estimate with
greater precision the number of cable
system operators that would qualify as
small cable operators under the
definition in the Communications Act.
2. Wireless Carriers
73. Wireless Telecommunications
Carriers (Except Satellite). This industry
comprises establishments engaged in
operating and maintaining switching
and transmission facilities to provide
communications via the airwaves.
Establishments in this industry have
spectrum licenses and provide services
using that spectrum, such as cellular
services, paging services, wireless
internet access, and wireless video
services. The appropriate size standard
under SBA rules is that such a business
is small if it has 1,500 or fewer
employees. For this industry, U.S.
Census Bureau data for 2012 show that
there were 967 firms that operated for
the entire year. Of this total, 955 firms
employed fewer than 1,000 employees
and 12 firms employed of 1000
employees or more. Available census
data does not provide a more precise
estimate of the number of firms that
have employment of 1,500 or fewer
employees. The largest category
provided is for firms with ‘‘1000
employees or more.’’ Thus under this
category and the associated size
standard, the Commission estimates that
the majority of wireless
telecommunications carriers (except
satellite) are small entities.
74. The Commission’s own data—
available in its Universal Licensing
System—indicate that, as of August 31,
2018 there are 265 Cellular licensees
that will be affected by our actions. For
the purposes of this FRFA, consistent
with Commission practice for wireless
services, the Commission estimates the
number of licensees based on the
number of unique FCC Registration
Numbers. The Commission does not
know how many of these licensees are
small, as the Commission does not
collect that information for these types
of entities. Similarly, according to
internally developed Commission data,
413 carriers reported that they were
engaged in the provision of wireless
telephony, including cellular service,
Personal Communications Service
(PCS), and Specialized Mobile Radio
(SMR) Telephony services. Of this total,
an estimated 261 have 1,500 or fewer
employees, and 152 have more than
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22041
1,500 employees. Thus, using available
data, we estimate that the majority of
wireless firms can be considered small.
75. Satellite Telecommunications.
This category comprises firms
‘‘primarily engaged in providing
telecommunications services to other
establishments in the
telecommunications and broadcasting
industries by forwarding and receiving
communications signals via a system of
satellites or reselling satellite
telecommunications.’’ Satellite
telecommunications service providers
include satellite and earth station
operators. The category has a small
business size standard of $35 million or
less in average annual receipts, under
SBA rules. For this category, U.S.
Census Bureau data for 2012 show that
there were a total of 333 firms that
operated for the entire year. Of this
total, 299 firms had annual receipts of
less than $25 million. The available U.S.
Census Bureau data does not provide a
more precise estimate of the number of
firms that meet the SBA size standard of
annual receipts of $35 million or less.
Consequently, we estimate that the
majority of satellite telecommunications
providers are small entities.
3. Resellers
76. Local Resellers. The SBA has not
developed a small business size
standard specifically for Local Resellers.
The SBA category of
Telecommunications Resellers is the
closest NAICs code category for local
resellers. The Telecommunications
Resellers industry comprises
establishments engaged in purchasing
access and network capacity from
owners and operators of
telecommunications networks and
reselling wired and wireless
telecommunications services (except
satellite) to businesses and households.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. Mobile virtual network
operators (MVNOs) are included in this
industry. Under the SBA’s size
standard, such a business is small if it
has 1,500 or fewer employees. U.S.
Census Bureau data from 2012 show
that 1,341 firms provided resale services
during that year. Of that number, all
operated with fewer than 1,000
employees. Available census data does
not provide a more precise estimate of
the number of firms that have
employment of 1,500 or fewer
employees. The largest category
provided is for firms with ‘‘1000
employees or more.’’ Thus, under this
category and the associated small
business size standard, the majority of
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these resellers can be considered small
entities. According to Commission data,
213 carriers have reported that they are
engaged in the provision of local resale
services. Of these, an estimated 211
have 1,500 or fewer employees and two
have more than 1,500 employees.
Consequently, the Commission
estimates that the majority of local
resellers are small entities.
77. Toll Resellers. The Commission
has not developed a definition for Toll
Resellers. The closest NAICS Code
Category is Telecommunications
Resellers. The Telecommunications
Resellers industry comprises
establishments engaged in purchasing
access and network capacity from
owners and operators of
telecommunications networks and
reselling wired and wireless
telecommunications services (except
satellite) to businesses and households.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. MVNOs are included in
this industry. The SBA has developed a
small business size standard for the
category of Telecommunications
Resellers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. 2012 Census Bureau
data show that 1,341 firms provided
resale services during that year. Of that
number, 1,341 operated with fewer than
1,000 employees. Available census data
does not provide a more precise
estimate of the number of firms that
have employment of 1,500 or fewer
employees; the largest category
provided is for firms with ‘‘1000
employees or more.’’ Thus, under this
category and the associated small
business size standard, the majority of
these resellers can be considered small
entities. According to Commission data,
881 carriers have reported that they are
engaged in the provision of toll resale
services. Of this total, an estimated 857
have 1,500 or fewer employees.
Consequently, the Commission
estimates that the majority of toll
resellers are small entities.
78. Prepaid Calling Card Providers.
Neither the Commission nor the SBA
has developed a small business
definition specifically for prepaid
calling card providers. The most
appropriate NAICS code-based category
for defining prepaid calling card
providers is Telecommunications
Resellers. This industry comprises
establishments engaged in purchasing
access and network capacity from
owners and operators of
telecommunications networks and
reselling wired and wireless
telecommunications services (except
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satellite) to businesses and households.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. Mobile virtual networks
operators (MVNOs) are included in this
industry. Under the applicable SBA size
standard, such a business is small if it
has 1,500 or fewer employees. U.S.
Census Bureau data for 2012 show that
1,341 firms provided resale services
during that year. Of that number, 1,341
operated with fewer than 1,000
employees. Available census data does
not provide a more precise estimate of
the number of firms that have
employment of 1,500 or fewer
employees. The largest category
provided is for firms with ‘‘1000
employees or more.’’ Thus, under this
category and the associated small
business size standard, the majority of
these prepaid calling card providers can
be considered small entities. According
to Commission data, 193 carriers have
reported that they are engaged in the
provision of prepaid calling cards. All
193 carriers have 1,500 or fewer
employees. Consequently, the
Commission estimates that the majority
of prepaid calling card providers are
small entities that may be affected by
these rules.
affected by our action can be considered
small.
4. Other Entities
79. All Other Telecommunications.
The ‘‘All Other Telecommunications’’
category is comprised of establishments
primarily engaged in providing
specialized telecommunications
services, such as satellite tracking,
communications telemetry, and radar
station operation. This industry also
includes establishments primarily
engaged in providing satellite terminal
stations and associated facilities
connected with one or more terrestrial
systems and capable of transmitting
telecommunications to, and receiving
telecommunications from, satellite
systems. Establishments providing
internet services or voice over internet
protocol (VoIP) services via clientsupplied telecommunications
connections are also included in this
industry. The SBA has developed a
small business size standard for ‘‘All
Other Telecommunications,’’ which
consists of all such firms with annual
receipts of $35 million or less. For this
category, U.S. Census Bureau data for
2012 show that there were 1,442 firms
that operated for the entire year. Of
those firms, a total of 1,400 had annual
receipts less than $25 million and 15
firms had annual receipts of $25 million
to $49,999,999. Thus, the Commission
estimates that the majority of ‘‘All Other
Telecommunications’’ firms potentially
82. The Commission will send a copy
of the Order, including this FRFA, in a
report to Congress pursuant to the
Congressional Review Act. In addition,
the Commission will send a copy of the
Order, including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A
copy of the Order and FRFA (or
summaries thereof) will also be
published in the Federal Register.
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E. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
80. This Order modifies the
Commission’s rules in accordance with
our proposal to require voice service
providers to implement the STIR/
SHAKEN caller ID authentication
framework if major voice service
providers did not voluntarily do so by
the end of 2019, and implements
Congress’s direction in the TRACED Act
to mandate STIR/SHAKEN. The
amended rules adopted in the Order do
not contain reporting or recordkeeping
requirements.
F. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
81. The RFA requires an agency to
describe any significant, specifically
small business, alternatives that it has
considered in reaching its approach.
This document does not distinguish
between small entities and other entities
and individuals.
G. Report to Congress
V. Ordering Clauses
83. Accordingly, IT IS ORDERED,
pursuant to sections 4(i), 4(j), 227(e),
227b, 251(e), and 303(r), of the
Communications Act of 1934, as
amended (the Act), 47 U.S.C. 154(i),
154(j), 227(e), 227b, 251(e), and 303(r),
that this Report and Order IS
ADOPTED.
84. IT IS FURTHER ORDERED that
Part 64 of the Commission’s rules IS
AMENDED as set forth in the following.
85. IT IS FURTHER ORDERED that,
pursuant to §§ 1.4(b)(1) and 1.103(a) of
the Commission’s rules, 47 CFR
1.4(b)(1), 1.103(a), this Report and Order
SHALL BE EFFECTIVE 30 days after
publication in the Federal Register.
86. IT IS FURTHER ORDERED that
the Commission SHALL SEND a copy of
this Report and Order to Congress and
to the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
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List of Subjects in 47 CFR Part 64
Communications common carriers,
Carrier equipment, Reporting and
recordkeeping requirements,
Telecommunications, Telephone.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 64
follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64 is
revised to read as follows:
■
Authority: 47 U.S.C. 154, 201, 202, 217,
218, 220, 222, 225, 226, 227, 227b, 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.
2. Add Subpart HH, consisting of
§§ 64.6300 and 64.6301, to read as
follows:
■
Subpart HH—Caller ID Authentication
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§ 64.6300
Definitions.
(a) Authenticate caller identification
information. The term ‘‘authenticate
caller identification information’’ refers
to the process by which a voice service
provider attests to the accuracy of caller
identification information transmitted
with a call it originates.
(b) Caller identification information.
The term ‘‘caller identification
information’’ has the same meaning
given the term ‘‘caller identification
information’’ in 47 CFR 64.1600(c) as it
currently exists or may hereafter be
amended.
(c) Intermediate provider. The term
‘‘intermediate provider’’ means any
entity that carriers or processes traffic
that traverses or will traverse the PSTN
at any point insofar as that entity
neither originates nor terminates that
traffic.
(d) SIP call. The term ‘‘SIP call’’ refers
to calls initiated, maintained, and
terminated using the Session Initiation
Protocol signaling protocol.
(e) STIR/SHAKEN authentication
framework. The term ‘‘STIR/SHAKEN
authentication framework’’ means the
secure telephone identity revisited and
signature-based handling of asserted
information using tokens standards.
(f) Verify caller identification
information. The term ‘‘verify caller
identification information’’ refers to the
process by which a voice service
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provider confirms that the caller
identification information transmitted
with a call it terminates was properly
authenticated.
(g) Voice service. The term ‘‘voice
service’’—
(1) Means any service that is
interconnected with the public switched
telephone network and that furnishes
voice communications to an end user
using resources from the North
American Numbering Plan or any
successor to the North American
Numbering Plan adopted by the
Commission under section 251(e)(1) of
the Communications Act of 1934, as
amended; and
(2) Includes—
(i) Transmissions from a telephone
facsimile machine, computer, or other
device to a telephone facsimile
machine; and
(ii) Without limitation, any service
that enables real-time, two-way voice
communications, including any service
that requires internet Protocolcompatible customer premises
equipment and permits out-bound
calling, whether or not the service is
one-way or two-way voice over internet
Protocol.
§ 64.6301
Caller ID authentication.
(a) STIR/SHAKEN Implementation by
Voice Service Providers. Not later than
June 30, 2021, a voice service provider
shall fully implement the STIR/
SHAKEN authentication framework in
its internet Protocol networks. To fulfill
this obligation, a voice service provider
shall:
(1) Authenticate and verify caller
identification information for all SIP
calls that exclusively transit its own
network;
(2) Authenticate caller identification
information for all SIP calls it originates
and that will exchange with another
voice service provider or intermediate
provider and, to the extent technically
feasible, transmit that call with caller ID
authentication information to the next
voice service provider or intermediate
provider in the call path; and
(3) Verify caller identification
information for all SIP calls it receives
from another voice service provider or
intermediate provider which it will
terminate and for which the caller
identification information has been
authenticated.
(b) [Reserved].
[FR Doc. 2020–07585 Filed 4–20–20; 8:45 am]
BILLING CODE 6712–01–P
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22043
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200408–0106]
RIN 0648–BI12
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Historical
Captain Permits Conversions
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement management measures as
described in an abbreviated framework
action to the Fishery Management Plans
(FMPs) for the Reef Fish Resources of
the Gulf of Mexico (Reef Fish FMP) and
Coastal Migratory Pelagic Resources of
the Gulf of Mexico and Atlantic Region
(CMP FMP). This final rule enables
eligible permit holders to replace
historical captain endorsements in the
reef fish and CMP fisheries in the Gulf
of Mexico (Gulf) with standard Federal
charter vessel/headboat permits to
reduce the regulatory and economic
burden on historical captains. In
addition, NMFS is correcting an
inadvertent error in the final rule for
Amendment 20A to the CMP FMP
regarding commercial king mackerel
permit requirements.
DATES: This final rule is effective on
May 21, 2020.
ADDRESSES: Electronic copies of the
abbreviated framework document that
contains an environmental assessment
and a Regulatory Flexibility Act (RFA)
analysis may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
framework-action-replacementhistorical-captain-permits-standardfederal-charter-headboat.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Gulf of Mexico Fishery Management
Council (Gulf Council) manage reef fish
in Gulf Federal waters under the Reef
Fish FMP. The CMP fishery in Gulf and
Atlantic Federal waters is managed
jointly by the Gulf Council and South
Atlantic Fishery Management Council
(Councils). The Gulf Council prepared
the Reef Fish FMP and the Councils
jointly prepared the CMP FMP. NMFS
SUMMARY:
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[Federal Register Volume 85, Number 77 (Tuesday, April 21, 2020)]
[Rules and Regulations]
[Pages 22029-22043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07585]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[WC Docket Nos. 17-97, 20-67; FCC 20-42; FRS 16631]
Call Authentication Trust Anchor; Implementation of TRACED Act--
Knowledge of Customers by Entities With Access to Numbering Resources
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission adopts a rule that mandates
that all originating and terminating voice service providers implement
the STIR/SHAKEN caller ID authentication framework in the internet
Protocol (IP) portions of their networks by June 30, 2021. In
establishing this requirement, the Report and Order both acts on the
Commission's proposal to require voice service providers to implement
the STIR/SHAKEN caller ID authentication framework if major voice
service providers did not voluntarily do so by the end of 2019, and
implements Congress's direction in the recently enacted Pallone-Thune
Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED)
Act to mandate STIR/SHAKEN not later than 18 months after the date of
enactment of that Act. This action builds on the Commission's
aggressive and multi-pronged approach to ending illegal caller ID
spoofing.
DATES: Effective May 21, 2020.
FOR FURTHER INFORMATION CONTACT: For further information, please
contact Mason Shefa, Competition Policy Division, Wireline Competition
Bureau, at [email protected].
SUPPLEMENTARY INFORMATION: The full text of this document, WC Docket
Nos. 17-97, 20-67; FCC 20-42, adopted and released on March 31, 2020,
is available for public inspection during regular business hours in the
FCC Reference Information Center, Portals II, 445 12th Street SW, Room
CY-A257, Washington, DC 20554 or at the following internet address:
https://docs.fcc.gov/public/attachments/FCC-20-42A1.pdf . The Further
Notice of Proposed Rulemaking WC Docket Nos. 17-97, 20-67; FCC 20-42,
adopted concurrently with this document and available at the same
internet address, is published elsewhere in this issue of the Federal
Register.
Synopsis
I. Introduction
1. Each day, Americans receive millions of unwanted phone calls.
One source indicates that Americans received over 58 billion such calls
in 2019 alone. These include ``spoofed'' calls whereby the caller
falsifies caller ID information that appears on a recipient's phone to
deceive them into thinking the call is from someone they know or can
trust. Spoofing has legal and illegal uses. For example, medical
professionals calling patients from their mobile phones often legally
spoof the outgoing phone number to be the office phone number for
privacy reasons, and businesses often display a toll-free call-back
number. Illegal spoofing, on the other hand, occurs when a caller
transmits misleading or inaccurate caller ID information with the
intent to defraud, cause harm, or wrongly obtain anything of value. And
these spoofed calls are not simply an annoyance--they result in
billions of dollars lost to fraud, degrade consumer confidence in the
voice network, and harm our public safety. A 2019 survey estimated that
spoofing fraud affected one in six Americans and cost approximately
$10.5 billion in a single 12-month period.
2. The Commission, Congress, and state attorneys general all agree
on the need to protect consumers and put an end to illegal caller ID
spoofing. Over the past three years, the Commission has taken a multi-
pronged approach to this problem--issuing hundreds of millions of
dollars in fines for violations of our Truth in Caller ID rules;
expanding those rules to reach foreign calls and text messages;
enabling voice service providers to block certain clearly unlawful
calls before they reach consumers' phones; and clarifying that voice
service providers may offer call-blocking services by default. We have
also called on industry to ``trace back'' illegal spoofed calls and
text messages to their original sources and encouraged industry to
develop and implement new caller ID authentication technology. That
technology, known as STIR/SHAKEN, allows voice service providers to
verify that the caller ID information transmitted with a particular
call matches the caller's number. Entities variously refer to this
technology as either ``SHAKEN/STIR'' or ``STIR/SHAKEN.'' In the past,
the Commission has referred to the technology as ``SHAKEN/STIR.'' To
ensure consistency with the TRACED Act, we use ``STIR/SHAKEN'' here.
Its widespread implementation will reduce the effectiveness of illegal
spoofing,
[[Page 22030]]
allow law enforcement to identify bad actors more easily, and help
voice service providers identify calls with illegally spoofed caller ID
information before those calls reach their subscribers.
3. Today, we build on our aggressive and multi-pronged approach to
ending illegal caller ID spoofing. First, we mandate that all voice
service providers implement the STIR/SHAKEN caller ID authentication
framework in the internet Protocol (IP) portions of their networks by
June 30, 2021. In recognition of the fact that it is caller ID
information transmitted with a call that is authenticated, we use the
term ``caller ID authentication'' in this Report and Order and Further
Notice of Proposed Rulemaking. We understand this term to be
interchangeable with the term ``call authentication'' as used in other
contexts, including the TRACED Act. In establishing this requirement,
we both act on our proposal to require voice service providers to
implement the STIR/SHAKEN caller ID authentication framework if major
voice service providers did not voluntarily do so by the end of 2019,
and implement Congress's direction in the recently enacted Pallone-
Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence
(TRACED) Act to mandate STIR/SHAKEN not later than 18 months after the
date of enactment of that Act. Second, we propose and seek comment on
additional measures to combat illegal spoofing, including further
implementation of the TRACED Act.
II. Background
4. Technological advancements and marketplace developments in IP-
based telephony have made caller ID spoofing easier and more affordable
than ever before. Today, widely available Voice over internet Protocol
(VoIP) software allows malicious callers to make spoofed calls with
minimal experience and cost. Taking advantage of the ability to use
spoofing to mask the true identity of an incoming call, these callers
have turned to this technology as a quick and cheap way to defraud
targets and avoid being discovered. Driven in part by the rise of VoIP,
the telecommunications industry has transitioned from a limited number
of carriers that all trusted each other to provide accurate caller
origination information to a proliferation of different voice service
providers and entities originating calls, which allows consumers to
enjoy the benefits of far greater competition but also creates new ways
for bad actors to undermine this trust.
5. To combat illegal spoofing, industry technologists from the
internet Engineering Task Force (IETF) and the Alliance for
Telecommunications Industry Solutions (ATIS) developed standards for
the authentication and verification of caller ID information for calls
carried over an IP network using the Session Initiation Protocol (SIP).
The Session Initiation Protocol (SIP) is ``an application-layer control
(signaling) protocol for creating, modifying, and terminating
sessions'' such as internet Protocol (IP) telephony calls. The IETF
formed the Secure Telephony Identity Revisited (STIR) working group,
which has produced several protocols for authenticating caller ID
information. ATIS, together with the SIP Forum, produced the Signature-
based Handling of Asserted information using toKENs (SHAKEN)
specification which standardizes how the protocols produced by STIR are
implemented across the industry. The SIP Forum is ``an industry
association with members from . . . IP communications companies,'' with
a mission ``[t]o advance the adoption and interoperability of IP
communications products and services based on SIP.'' Together, these
technical standards comprise the ``STIR/SHAKEN'' framework for caller
ID authentication. The STIR/SHAKEN framework consists of two high-level
components: (1) The technical process of authenticating and verifying
caller ID information; and (2) the certificate governance process that
maintains trust in the caller ID authentication information transmitted
along with a call.
6. Authenticating and Verifying Caller ID Information Through STIR/
SHAKEN. The STIR/SHAKEN authentication and verification processes
center on the transmission of encrypted information used to attest to
the accuracy of caller ID information transmitted with a call.
Specifically, an originating voice service provider adds a unique
header to the network-level message used to initiate a SIP call (the
SIP INVITE). This SIP INVITE contains a series of unencrypted headers
which provides information about the message, such as a ``From''
header, giving information about the calling party; a ``To'' header,
giving information about the called party; and a ``Via'' header, which
``indicates the path taken by the request so far and helps in routing
the responses back along the same path.'' Both originating and
downstream providers are technically capable of appending headers to
the SIP INVITE. When a subscriber places a call, the originating voice
service provider uses an authentication service to create this
``Identity'' header, which contains encrypted identifying information
as well as the location of the public key that can be used to decode
this information. The authentication service can be provided by the
voice service provider itself, or by a third party acting under the
voice service provider's direction. When the terminating voice service
provider receives the call, it sends the SIP INVITE with the Identity
header to a verification service, which uses the public key that
corresponds uniquely to the originating voice service provider's
private key to decode the encrypted information and verify that it is
consistent with the information sent without encryption in the SIP
INVITE. Like the corresponding authentication service on the
originating voice service provider's end, the terminating voice service
provider's verification service can be performed internally or by a
trusted third-party service. The verification service then sends the
results of the verification process--including whether the decoding
process was successful and whether the encrypted information is
consistent with the information sent without encryption--to the
terminating voice service provider. STIR/SHAKEN thus establishes a
chain of trust back to the originating voice service provider.
7. Because the STIR/SHAKEN framework relies on transmission of
information in the Identity header of the SIP INVITE, it only operates
on the IP portions of a voice service provider's network--that is,
those portions served by network technology that is able to initiate,
maintain, and terminate SIP calls. If a call terminates on a network or
is routed at any point over an intermediate provider network that does
not support the transmission of SIP calls, the Identity header will be
lost. Because STIR/SHAKEN only operates on IP networks, some
stakeholders have advocated for a solution referred to as ``out-of-band
STIR,'' in which caller ID authentication information is sent across
the internet, out-of-band from the call path, allowing STIR/SHAKEN to
be implemented on networks that are not fully IP. Out-of-band STIR
remains in the early stages of development.
8. The STIR/SHAKEN framework relies on the originating voice
service provider attesting to the subscriber's identity. The SHAKEN
specification allows an originating voice service provider to provide
different ``levels'' of attestation. Specifically, the voice service
provider can indicate that (i) it can confirm the identity of the
subscriber making the call, and that the subscriber is using its
associated
[[Page 22031]]
telephone number (``full'' or ``A'' attestation); (ii) it can confirm
the identity of the subscriber but not the telephone number
(``partial'' or ``B'' attestation); or merely that (iii) it is the
point of entry to the IP network for a call that originated elsewhere,
such as a call that originated abroad or on a domestic network that is
not STIR/SHAKEN-enabled (``gateway'' or ``C'' attestation).
9. To maintain trust in the voice service providers that vouch for
caller ID information, the STIR/SHAKEN framework uses digital
``certificates'' issued through a neutral governance system. The STIR/
SHAKEN credentials are based on an X.509 credential system. X.509 is a
specific standard for a type of public key infrastructure system that
uses certificates to facilitate secure internet communications. The
framework requires that each voice service provider receive its own
certificate that contains, among other components, that voice service
provider's public key, and states, in essence, that (i) the voice
service provider is that which it claims to be; (ii) the voice service
provider is authorized to authenticate the caller ID information; and
(iii) the voice service provider's claims about the caller ID
information it is authenticating can thus be trusted. Every time an
originating voice service provider originates an authenticated call, it
transmits the location of its certificate in the Identity header,
allowing the verification service to acquire the public key and verify
the caller ID information, and have certainty that the public key is
truly associated with the voice service provider that originated the
call. The ``location'' is sent unencrypted in the form of a Uniform
Resource Locator (URL).
10. The STIR/SHAKEN governance model requires several roles in
order to operate: (1) A Governance Authority, which defines the
policies and procedures for which entities can issue or acquire
certificates; (2) a Policy Administrator, which applies the rules set
by the governance authority, confirms that certification authorities
are authorized to issue certificates, and confirms that voice service
providers are authorized to request and receive certificates; (3)
Certification Authorities, which issue the certificates used to
authenticate and verify calls; and (4) the voice service providers
themselves, which, as call initiators, select an approved certification
authority from which to request a certificate, and which, as call
recipients, check with certification authorities to ensure that the
certificates they receive were issued by the correct certification
authority.
11. Commission and North American Numbering Council Action to
Promote STIR/SHAKEN Deployment. In July 2017, the Commission released a
Notice of Inquiry, launching a broad inquiry into caller ID
authentication and how to expedite its development and implementation.
In the Notice of Inquiry, the Commission recognized the potential of
caller ID authentication to ``reduc[e] the risk of fraud and ensur[e]
that callers be held accountable for their calls.'' Among other issues,
the Commission sought comment on its role in promoting implementation
of caller ID authentication technology; what involvement, if any, it
should have in STIR/SHAKEN governance; and how to address caller ID
authentication for networks that use non-IP technology.
12. In February 2018, the Commission directed the Call
Authentication Trust Anchor Working Group of the North American
Numbering Council (NANC) to recommend ``criteria by which a [Governance
Authority] should be selected'' and a ``reasonable timeline or set of
milestones for adoption and deployment of a SHAKEN/STIR call
authentication system, including metrics by which the industry's
progress can be measured.'' In its May 2018 report, the NANC
recommended that representatives from various industry stakeholders
comprise a board overseeing the Governance Authority, and that
``individual companies capable of signing and validating VoIP calls
using SHAKEN/STIR should implement the standard within a period of
approximately one year after completion of the NANC CATA report.''
Chairman Pai accepted these recommendations shortly after they were
issued by the NANC.
13. In November 2018, drawing on the NANC's May 2018 recommendation
that capable voice service providers rapidly implement STIR/SHAKEN,
Chairman Pai sent letters to major voice service providers urging them
to implement a robust caller ID authentication framework by the end of
2019. He asked these providers for specific details about their
implementation plans, and encouraged those that did not appear to have
established concrete plans to promptly protect their subscribers with
STIR/SHAKEN. In response, the providers submitted letters detailing
their implementation efforts. Since that time, Commission staff has
closely tracked the progress of major voice service providers in
implementation of the STIR/SHAKEN framework.
14. In June 2019, the Commission adopted a Declaratory Ruling and
Third Further Notice of Proposed Rulemaking that proposed and sought
comment on mandating implementation of STIR/SHAKEN in the event that
major voice service providers did not voluntarily implement the
framework by the end of 2019. We stressed that ``[i]mplementation of
the SHAKEN/STIR framework across voice networks is important in the
fight against unwanted, including illegal, robocalls'' and proposed to
extend any mandate to ``wireline, wireless, and Voice over Internet
Protocol (VoIP) providers''; sought comment on what we should require
voice service providers to accomplish to meet an implementation
mandate; and asked for comment on how long voice service providers
should be given to comply with such a mandate. We further sought
comment on whether we should establish requirements regarding the
display of STIR/SHAKEN attestation information, what role the
Commission should have in STIR/SHAKEN governance, and how we could
encourage caller ID authentication on non-IP networks. The Declaratory
Ruling and Third Further Notice of Proposed Rulemaking also affirmed
that voice service providers may, by default, block unwanted calls
based on reasonable call analytics, as long as their customers are
informed and have the opportunity to opt out of the blocking; proposed
to create a safe harbor for voice service providers that block calls
which fail STIR/SHAKEN verification; and sought comment on whether we
should create a safe harbor for voice service providers that block
calls which do not have authenticated caller ID information.
15. In July 2019, the Commission held a summit focused on
implementation of STIR/SHAKEN. Summit participants included
representatives from large and small voice service providers, analytics
companies, vendors, and members of the Governance Authority. The
participants discussed implementation progress made by major voice
service providers; using STIR/SHAKEN to improve the consumer
experience; and implementation challenges faced by small voice service
providers.
16. Developments in STIR/SHAKEN Governance. Currently, the Secure
Telephone Identity Governance Authority (STI-GA), established by ATIS,
fills the Governance Authority role. The STI-GA's membership was
designed to provide a diverse representation of stakeholders from
across the industry. The STI-GA selected the Policy Administrator,
iconectiv, in May 2019. In December 2019, the Policy Administrator
approved the first Certification Authorities, and announced that voice
service providers are now able to
[[Page 22032]]
register with the Policy Administrator to obtain the credentials
necessary to receive certificates from approved Certification
Authorities.
17. Implementation by Voice Service Providers. We recognize that a
number of providers have been working hard to implement caller ID
authentication. Some voice service providers reported that, by the end
of 2019, they had completed the necessary network upgrades to support
the STIR/SHAKEN framework and that they were exchanging a limited
amount of traffic with authenticated caller ID information with other
voice service providers. Others, however, reported only that they had
completed necessary network upgrades by the end of 2019, but had not
begun exchanging authenticated traffic with other voice service
providers. Still others have shown little to no progress in upgrading
their networks to be STIR/SHAKEN-capable.
18. More specifically, as of the end of 2019, AT&T, Bandwidth,
Charter, Comcast, Cox, T-Mobile, and Verizon announced that they had
upgraded their networks to support STIR/SHAKEN. AT&T, for example,
confirmed that it ``authenticates all calls on its network that
originate from [Voice over LTE] and consumer VoIP customers'' and
``estimates that approximately 90 percent of its wireless customer base
(prepaid and postpaid) and more than 50 percent of its consumer
wireline customer base are SHAKEN/STIR capable.'' Charter stated that
it ``fulfilled [its] commitment to complete the implementation of the
STIR/SHAKEN framework by the end of [2019].'' Similarly, Comcast
reported that ``virtually all calls originating from a Comcast
residential subscriber and terminating with a Comcast residential
subscriber are fully authenticated through the STIR/SHAKEN protocol.''
Cox reported that it ``has deployed SHAKEN/STIR to over 99% of [its]
residential customers enabling Cox to sign originating and terminating
calls.'' T-Mobile stated that it was ``the first wireless provider to
fully implement STIR/SHAKEN standards on [its] network'' and is
``capable of signing and authenticating 100% of SIP traffic that both
originates and then terminates on [its] network.'' According to
Verizon, it ``finished deploying STIR/SHAKEN to its wireless customer
base (which constitutes more than 95% of [its] total traffic) in March
2019,'' ``is devoting substantial resources to deploying STIR/SHAKEN to
wireline customers that receive service on IP platforms capable of
being upgraded with the STIR/SHAKEN protocol'' and expects ``to achieve
deployment of STIR/SHAKEN to Fios Digital customers later this year.''
19. These voice service providers, however, were exchanging only a
limited amount of authenticated traffic with other voice service
providers as of the end of 2019. For instance, Comcast has begun to
exchange authenticated calls with AT&T and T-Mobile, and explained
that, as of December 2019, approximately 14.25% of all calls
``originating on other voice providers' networks and bound for Comcast
residential subscribers had a STIR/SHAKEN-compliant header and were
verified by Comcast.'' T-Mobile explained that it is also
authenticating some traffic exchanged with AT&T, Comcast, and
Inteliquent. According to AT&T, it ``exchanges approximately 40 percent
of its SHAKEN/STIR consumer VoIP traffic with one terminating service
provider.'' Verizon stated that it was signing ``under half of [its]
outbound traffic'' with one provider as of the end of 2019, and that
``for the other three partners,'' its production levels were under 5%.
Cox explained that it is ``exchanging authenticated traffic with four
carriers resulting in over 14% of all calls on Cox' residential IP
network being verified.'' Charter stated that it is ``exchanging signed
and authenticated customer call traffic end-to-end with Comcast.''
Bandwidth is also in early stages of exchanging traffic and ``has
designed, tested and deployed the capability to exchange some of its
production traffic with Verizon Wireless directly utilizing `self-
signed' certifications that are in keeping with the STIR/SHAKEN
framework.''
20. Other voice service providers--namely Frontier, Sprint, U.S.
Cellular, and Vonage--stated that they have performed necessary network
upgrades, but had only begun the negotiating and testing phase of
exchanging authenticated traffic with other voice service providers as
of the end of 2019. Frontier reported that it ``established the
capability to authenticate and sign calls'' and is in the negotiating
and testing phase regarding authenticating traffic exchanged with other
voice service providers. Sprint reported that it ``deployed the core
STIR/SHAKEN capability in its network'' and was testing the exchange of
authenticated traffic with Comcast and T-Mobile. In 2019, U.S. Cellular
``successfully implemented the STIR/SHAKEN technology in its network''
and is currently ``in various stages of the [interconnection agreement]
process with three of the four national wireless carriers . . .
including, the successful exchange of traffic on a test basis with at
least one of . . . those carriers.'' Vonage reported that it was
testing with ``its two largest peering partners'' and had ``reached out
to twenty additional carriers to implement outbound and inbound testing
schedules.''
21. An additional category of voice service providers--namely
CenturyLink, TDS, and Google--has indicated limited progress in making
the necessary network upgrades. CenturyLink, for instance, stated that
as of late 2019 it had ``taken the steps necessary to prepare its
network for SHAKEN/STIR deployment'' and is currently conducting
testing for wider deployment on its IP networks. TDS, meanwhile,
reported that it had completed work in 2019 to evaluate, select, and
lab test a vendor solution to allow it to integrate STIR/SHAKEN in the
IP portions of its network. It is in the process of developing
implementation plans, but because many of its interconnection points
with other providers are not IP-enabled, it ``forecast[s] that only a
small percentage of traffic will be exchanged in IP when SHAKEN/STIR is
initially deployed in the TDS IP network.'' Google provided limited
detail about the status of implementation but stated that it ``remains
committed to implementing SHAKEN/STIR and . . . ha[s] taken
considerable steps toward doing so.''
22. Congressional Direction to Require STIR/SHAKEN Implementation.
On December 30, 2019, Congress enacted the TRACED Act, with the stated
purpose of ``helping to reduce illegal and unwanted robocalls'' through
numerous mechanisms. Along with other provisions directed at addressing
robocalls, the TRACED Act directs the Commission to require, no later
than 18 months from enactment, all voice service providers to implement
STIR/SHAKEN in the IP portions of their networks and implement an
effective caller ID authentication framework in the non-IP portions of
their networks. The TRACED Act further creates processes by which voice
service providers (1) may be exempt from this mandate if the Commission
determines they have achieved certain implementation benchmarks, and
(2) may be granted an extension for compliance based on a finding of
undue hardship because of burdens or barriers to implementation or
based on a delay in development of a caller ID authentication protocol
for calls delivered over non-IP networks. The TRACED Act further
directs us, not later than December 30, 2020, to submit a report to
Congress that includes: (1) an analysis of the extent to which voice
service providers have implemented caller ID authentication frameworks
and
[[Page 22033]]
whether the availability of necessary equipment and equipment upgrades
has impacted such implementation; and (2) an assessment of the efficacy
of the call authentication frameworks.
23. This rulemaking is one of several steps we are taking to
implement the TRACED Act. For instance, we recently proposed rules to
establish a registration process for a ``single consortium that
conducts private-led efforts to trace back the origin of suspected
unlawful robocalls.'' Additionally, the Wireline Competition Bureau
(Bureau) has charged the NANC Call Authentication Trust Anchor Working
Group with providing recommendations regarding the TRACED Act's
direction that the Commission ``issue best practices that providers of
voice service may use as part of the implementation of effective call
authentication frameworks . . . to take steps to ensure the calling
party is accurately identified.'' We will continue to work swiftly and
carefully to implement the TRACED Act and protect Americans from
illegal robocalls.
III. Report and Order
24. In this Report and Order, we require all originating and
terminating voice service providers to implement the STIR/SHAKEN
framework in the IP portions of their networks by June 30, 2021. We
adopt this mandate for several reasons, including that (1) Widespread
implementation will result in significant benefits from American
consumers; (2) the record overwhelmingly reflects support from a broad
array of stakeholders for rapid STIR/SHAKEN implementation; (3) the
state of industry-wide implementation at the end of 2019 demonstrates
that further government action is necessary for timely, ubiquitous
implementation; and (4) the TRACED Act expressly directs us to require
timely STIR/SHAKEN implementation. Below, we discuss these reasons in
more detail; describe the specific requirements that comprise our
mandate; discuss our legal authority to adopt these requirements;
respond to the limited record opposition to a mandate; and find that
the benefits of STIR/SHAKEN implementation will far exceed the costs.
USTelecom and CTIA ask us to adopt a broad call blocking safe harbor
today. Transaction Network Services suggests that we require or
recommend that providers pair STIR/SHAKEN with analytics. We intend to
address call-blocking issues and the role of analytics in relation to
call blocking in a separate item and thus decline to address these
requests here.
A. Mandating the STIR/SHAKEN Framework
25. We require all originating and terminating voice service
providers to implement the STIR/SHAKEN framework in the IP portions of
their networks by June 30, 2021 for several compelling reasons. First,
ubiquitous STIR/SHAKEN implementation will yield substantial benefits
for American consumers. We estimate that the benefits of eliminating
the wasted time and nuisances caused by illegal scam robocalls will
exceed $3 billion annually. And more importantly, we expect STIR/SHAKEN
paired with call analytics to serve as a tool to effectively protect
American consumers from fraudulent robocall schemes that cost Americans
approximately $10 billion annually. Further, we anticipate that
implementation will increase consumer trust in caller ID information
and encourage consumers to answer the phone, thereby benefitting
businesses, healthcare providers, and non-profit charities. Widespread
implementation also benefits public safety by decreasing disruptions to
healthcare and emergency communications systems, and as a result,
saving lives. Additional benefits include significantly reducing costs
for voice service providers by eliminating unwanted network congestion
and decreasing the number of consumer complaints about robocalls.
Ultimately, we expect widespread STIR/SHAKEN implementation to reduce
the scourge of illegal robocalls that plague Americans every day.
26. Second, the record overwhelmingly reflects support from a broad
array of stakeholders for rapid STIR/SHAKEN deployment, and many
commenters support a STIR/SHAKEN mandate. Commenters, including the
attorneys general of all fifty states and the District of Columbia,
consumer groups, and major voice service providers expressed support
for Commission action if widespread voluntary implementation did not
occur. The unified state attorneys general argue that a mandate is
necessary ``in the absence of prompt voluntary implementation'' by the
end of 2019 because without such action, ``[b]ad actors exploit
inexpensive and ubiquitous technology to scam consumers and to intrude
upon consumers' lives, and the problem shows no signs of abating.''
Consumer group commenters, including Consumer Reports, the National
Consumer Law Center, Consumer Action, the Consumer Federation of
America, the National Association of Consumer Advocates, and Public
Knowledge, observe that ``cross-carrier implementation has been
relatively limited'' and state that we ``should require phone companies
to adopt effective call-authentication policies and technologies.''
AT&T explains that ``SHAKEN/STIR must be widely deployed to be
effective.'' Verizon similarly explains that STIR/SHAKEN only works if
all voice service providers have implemented the framework in the call
path--increasing the utility of a mandate. Other providers, including
Comcast and Transaction Network Services, support a ``measured'' STIR/
SHAKEN requirement that accounts for existing implementation
challenges. We find that our June 30, 2021 implementation date and
application of the STIR/SHAKEN mandate to only the IP portions of
originating and terminating voice service providers' networks satisfies
these commenters' concerns. And even commenters who express hesitation
about a mandate are receptive to one that accounts for the burdens and
barriers confronted by rural and small voice service providers, which
we proposed to address through the process established in the TRACED
Act. For example, the Voice of America's Broadband Providers and Teliax
are receptive to a mandate that ``focus[es] on implementation of . . .
legislation Congress enacts'' and provides for a more flexible
implementation timeframe for small and rural providers.
27. Third, although some major voice service providers have taken
significant steps towards STIR/SHAKEN implementation, the level of
implementation by the Commission's end of 2019 deadline shows that,
absent further governmental action, we will not have timely ubiquitous
implementation. As Verizon states, ``verifying [c]aller ID for
consumers using STIR/SHAKEN presents a classic collectivity challenge
that industry may not be able to overcome on its own.'' As we have
explained, some voice service providers reported that, by the end of
2019, they completed the necessary network upgrades to support the
STIR/SHAKEN framework and that they were exchanging a limited amount of
traffic with authenticated caller ID information with other voice
service providers. Others, however, reported only that they had
completed necessary network upgrades by the end of 2019, but had not
begun exchanging with other voice service providers. Still others have
shown little to no progress in upgrading their networks to be STIR/
SHAKEN-capable. We find that the lack of common exchange among these
voice service providers--and the absence of
[[Page 22034]]
substantial progress by several of them--demonstrate that major voice
service providers have failed to meet the goal of achieving full
implementation by the end of 2019. We therefore must act to ensure
faster progress to protect the public from the scourge of illegal
robocalls.
28. Finally, confirming our decision is the recently-enacted TRACED
Act, which provides additional support for the implementation mandate
we set forth today. The TRACED Act directs the Commission to ``require
a provider of voice service to implement the STIR/SHAKEN authentication
framework in the [IP] networks of the provider of voice service.''
Congress's clear direction to require timely STIR/SHAKEN implementation
further encourages us to adopt the mandate in this Report and Order.
29. Limited Record Opposition to a STIR/SHAKEN Implementation
Mandate. We disagree with those commenters who argue that we should not
move forward with a STIR/SHAKEN implementation mandate. First, we
specifically disagree with the argument that we should delay a mandate
while industry develops technical solutions to allow the STIR/SHAKEN
framework to accommodate certain more challenging scenarios. According
to some commenters, the standards for attestation do not fully account
for the situation where an enterprise subscriber places outbound calls
through a voice service provider other than the voice service provider
that assigned the telephone number. In such scenarios, commenters
claim, it would be difficult for an outbound call to receive ``full''
or ``A'' attestation because the outbound call ``will not pass through
the authentication service of the voice service provider that controls
the numbering resource.'' To provide ``full'' or ``A'' attestation, the
voice service provider must be able to confirm the identity of the
subscriber making the call, and that the subscriber is using its
associated telephone number. We are optimistic that standards bodies,
which remain engaged on the impact of STIR/SHAKEN on more challenging
use cases and business models, will be able to resolve those issues--
just as they have overcome numerous other barriers to caller ID
authentication so far. We will continue to monitor industry progress
towards solutions to these issues. For instance, the Internet
Engineering Task Force (IETF) has proposed a ``certificate delegation''
solution that would allow ``the carrier who controls the numbering
resource . . . to delegate a credential that could be used to sign
calls regardless of which network or administrative domain handles the
outbound routing for the call.'' Further, granting a delay until
standards bodies address every possible issue would risk creating an
incentive for some parties to draw out standards-setting processes, to
the detriment of widespread STIR/SHAKEN implementation. To the
contrary, by establishing a June 30, 2021 deadline for widespread STIR/
SHAKEN implementation, we create an incentive for standards bodies to
work quickly to issue actionable standards and solutions for enterprise
calls. For this reason, we need not adopt a separate deadline for
industry development of standards and solutions for enterprise calls,
as requested by Cloud Communications Alliance. In any event, the TRACED
Act requires that voice service providers implement the STIR/SHAKEN
framework in their IP networks on this timetable, with only those
extensions and exceptions specified by Congress. We decline USTelecom's
request ``to remove the discussion surrounding enterprise signing from
the Draft S/S Mandate Order and to move it to the Draft S/S Mandate
FNPRM to seek further comment.'' We find this request inconsistent with
the structure of the TRACED Act, which creates a general mandate and
exceptions to that mandate, rather than limiting the scope of the
mandate to non-enterprise calls in the first instance. We also note
that USTelecom has emphasized that some enterprise signing will be
``possible in the near term'' and that ``some voice service providers
with enterprise customers are already working on providing the ability
for their enterprise customers to have certain enterprise calls signed
(with A-level attestation) this year.'' We are confident that
mandating, consistent with the TRACED Act, that voice service providers
implement the STIR/SHAKEN framework in their IP networks--subject to
the extensions and exceptions created by the TRACED Act--will create
beneficial incentives for industry to continue to quickly develop
standards to address enterprise calls.
30. Second, we disagree with Competitive Carriers Association's
argument that adopting a STIR/SHAKEN mandate would ``risk impeding
development of other potential new strategies to block robocalls.'' The
STIR/SHAKEN framework is one important solution that should be part of
an arsenal of effective remedies to combat robocalls, and its
implementation does not preclude voice service providers from pursuing
additional solutions. Further, consistent with Congress's direction in
the TRACED Act, we will plan to revisit our caller ID authentication
rules periodically to ensure that they remain up to date.
31. Finally, we disagree with ACA Connects' suggestion that we
limit our implementation mandate to only those voice service providers
that originate large volumes of illegal robocalls. ACA Connects fails
to account for the importance of network-wide implementation to the
effectiveness of STIR/SHAKEN in reducing spoofed robocalls. Moreover,
it fails to explain how we would identify or define such carriers or
how such a scheme would stop malicious callers from simply using a
different voice service provider.
1. STIR/SHAKEN Implementation Requirements
32. We adopt our proposal in the 2019 Further Notice to require
voice service providers to implement the STIR/SHAKEN framework.
Specifically, we require all originating and terminating voice service
providers to fully implement STIR/SHAKEN on the portions of their voice
networks that support the transmission of SIP calls and exchange calls
with authenticated caller ID information with the providers with which
they interconnect. This STIR/SHAKEN mandate will create the trust
ecosystem necessary for effective caller ID authentication.
33. As part of today's mandate, we adopt the following three
requirements: (i) A voice service provider that originates a call that
exclusively transits its own network must authenticate and verify the
caller ID information consistent with the STIR/SHAKEN authentication
framework; (ii) a voice service provider originating a call that it
will exchange with another voice service provider or intermediate
provider must authenticate the caller ID information in accordance with
the STIR/SHAKEN authentication framework and, to the extent technically
feasible, transmit that caller ID information with authentication to
the next provider in the call path; and (iii) a voice service provider
terminating a call with authenticated caller ID information it receives
from another provider must verify that caller ID information in
accordance with the STIR/SHAKEN authentication framework. We discuss
these requirements below. The TRACED Act states in Sec. 4(b)(1)(A)
that the Commission shall ``require a provider of voice service to
implement the STIR/SHAKEN authentication framework'' in its IP
networks. It goes on to create an exemption, stating that the
Commission ``shall not take the action'' set forth in
[[Page 22035]]
Sec. 4(b)(1)(A) ``if the Commission determines [by December 30, 2020]
that such provider of voice service'' in its Internet Protocol networks
meets four criteria focused on achieving certain benchmarks prior to
the full mandate going into effect. USTelecom has submitted proposed
interpretations of those four criteria for our consideration. Among
other things, USTelecom proposes requiring a showing that all consumer
VoIP and VoLTE traffic originating on a voice service provider's
network is capable of authentication, or will be capable of
authentication, by June 30, 2021. CTIA and USTelecom argue that we
should consider replacing the implementation criteria that we adopt
with USTelecom's interpretations of the four criteria in Sec.
4(b)(2)(A). We find this request inconsistent with the structure of the
TRACED Act, which creates a general mandate to implement STIR/SHAKEN in
Sec. 4(b)(1)(A) and a separate exemption process in Sec. 4(b)(2)(A).
Further, USTelecom's suggested language would not adequately address
the responsibilities of voice service providers to ``implement the
STIR/SHAKEN authentication framework'' in accordance with Sec.
4(b)(1)(A) because it would only require demonstration of testing and
capability rather than the details of how authentication must actually
be applied.
34. First, a voice service provider must authenticate and verify,
consistent with the STIR/SHAKEN authentication framework, the caller ID
information of those calls that it originates and terminates
exclusively in the IP portions of its own network. The most effective
caller ID authentication system requires the application of STIR/SHAKEN
to all calls, including calls solely originating and terminating on the
same voice service provider's network. We recognize that certain
components of the STIR/SHAKEN framework are designed to promote trust
across different voice service provider networks and so are not
necessary for calls that a voice service provider originates and
terminates solely on its own network. A provider satisfies its
obligation under this requirement so long as it authenticates and
verifies in a manner consistent with the STIR/SHAKEN framework, such as
by including origination and attestation information in the SIP INVITE
used to establish the call.
35. Our next two requirements relate to the exchange of caller ID
authentication information. In the 2019 Further Notice, we sought
comment on whether we should ``require providers to sign calls on an
intercarrier basis.'' The record demonstrated support for this
approach, and we add specificity by outlining particular obligations on
voice service providers for this requirement. More specifically, a
voice service provider that originates a call which it will exchange
with another voice service provider or intermediate provider must use
an authentication service and insert the Identity header in the SIP
INVITE and thus authenticate the caller ID information in accordance
with the STIR/SHAKEN authentication framework; it further must transmit
that call with authentication to the next voice service provider or
intermediate provider in the call path, to the extent technically
feasible. We recognize that the transmission of STIR/SHAKEN
authentication information over a non-IP interconnection point is not
technically feasible at this time. Additionally, a voice service
provider that terminates a call with authenticated caller ID
information it receives from another voice service provider or
intermediate provider must use a verification service, which uses a
public key to review the information stored in the Identity header to
verify that caller ID information in accordance with the STIR/SHAKEN
authentication framework. These actions are at the core of an effective
STIR/SHAKEN ecosystem, and each action requires the other: A
terminating voice service provider can only verify caller ID
information that has been authenticated by the originating voice
service provider and transmitted with authentication, while an
originating voice service provider's authentication has little value if
the terminating voice service provider fails to verify that caller ID
information.
36. Definitions and Scope. For purposes of the rules we adopt
today, and consistent with the TRACED Act, we define ``STIR/SHAKEN
authentication framework'' as ``the secure telephone identity revisited
and signature-based handling of asserted information using tokens
standards.'' For purposes of compliance with this definition, we find
that it would be sufficient to adhere to the three ATIS standards that
are the foundation of STIR/SHAKEN--ATIS-1000074, ATIS-1000080, and
ATIS-1000084--and all documents referenced therein. We recognize that
industry is actively working to improve STIR/SHAKEN. Compliance with
the most current versions of these three standards as of March 31,
2020, including any errata as of that date or earlier, represents the
minimum requirement to satisfy our rules. ATIS and the SIP Forum
conceptualized ATIS-1000074 as ``provid[ing] a baseline that can evolve
over time, incorporating more comprehensive functionality and a broader
scope in a backward compatible and forward looking manner.'' We intend
for our rules to provide this same room for innovation, while
maintaining an effective caller ID authentication ecosystem. Voice
service providers may incorporate any improvements to these standards
or additional standards into their respective STIR/SHAKEN
authentication frameworks, so long as any changes or additions maintain
the baseline call authentication functionality exemplified by ATIS-
1000074, ATIS-1000080, and ATIS-1000084.
37. For purposes of our rules, we also adopt a definition of
``voice service'' that aligns with the TRACED Act. The TRACED Act
employs a broad definition of ``voice service'' that includes ``without
limitation, any service that enables real-time, two-way voice
communications, including any service that requires [I]nternet
[P]rotocol-compatible customer premises equipment . . . and permits
out-bound calling, whether or not the service is one-way or two-way
voice over [I]nternet [P]rotocol.'' The TRACED Act definition is
limited, however, to service ``that is interconnected with the public
switched telephone network and that furnishes voice communications to
an end user.'' Thus, the rules we adopt today apply to originating and
terminating voice service providers and exclude intermediate providers.
38. In recognition of the fact that STIR/SHAKEN is a SIP-based
solution, we limit application of the rules we adopt today to only the
IP portions of voice service providers' networks--those portions that
are able to initiate, maintain, and terminate SIP calls. This approach
is consistent with section 4(b)(1)(A) of the TRACED Act, which directs
us to require implementation of STIR/SHAKEN ``in the [I]nternet
[P]rotocol networks of the provider of voice service.'' We agree with
commenters that it would be inappropriate to simply extend the mandate
we adopt to non-IP networks.
39. We adopt the proposal from the 2019 Further Notice that our
implementation mandate apply to all types of ``voice service
providers--wireline, wireless, and Voice over Internet Protocol (VoIP)
providers.'' The Cloud Communications Alliance has raised concerns over
whether all voice service providers are able to obtain the certificates
used for the intercarrier exchange of authenticated caller ID
information under the Governance Authority's current policies. We look
forward to working with the Governance
[[Page 22036]]
Authority and the Cloud Communications Alliance and its members to
determine how best to resolve these issues expeditiously going forward.
This includes both two-way and one-way interconnected VoIP providers.
For STIR/SHAKEN to be successful, all voice service providers capable
of implementing the framework must participate. If a subset of voice
service providers continue operating on IP networks without
implementing STIR/SHAKEN, it will undercut the framework's
effectiveness. Congress demonstrated its recognition of this fact when
it adopted a broad definition of ``voice service'' in the TRACED Act,
which includes ``any service that is interconnected with the public
switched telephone network and that furnishes voice communications to
an end user using resources from the North American Numbering Plan.''
This includes, ``without limitation, any service that enables real-
time, two-way voice communications, including any service that requires
[I]nternet [P]rotocol -compatible customer premises equipment (commonly
known as `CPE') and permits out-bound calling, whether or not the
service is one-way or two-way voice over [I]nternet [P]rotocol.'' We
find that our conclusion to apply the mandate to a broad category of
voice service providers is consistent with Congress's language in the
TRACED Act.
40. Finally, we clarify that the rules we adopt today do not apply
to providers that lack control of the network infrastructure necessary
to implement STIR/SHAKEN.
41. Implementation Deadline. We set the implementation deadline of
June 30, 2021 for two reasons. First, it is consistent with the TRACED
Act, which requires us to set a deadline for implementation of STIR/
SHAKEN that is not later than 18 months after enactment of that Act,
i.e., no later than June 30, 2021. Second, this deadline will provide
sufficient time for us to implement, and for voice service providers to
gain, a meaningful benefit from the implementation exemption and
extension mechanisms established by the TRACED Act. Because we find
that this implementation deadline is necessary to accommodate the
various exemption and extension mechanisms established by the TRACED
Act, we decline to adopt the suggestion of some commenters that we
mandate implementation by June 1, 2020. As we note in the accompanying
Further Notice, the TRACED Act contemplates compliance extensions and
exemptions for those providers that we determine meet certain criteria
by December 30, 2020. We see no way to square this statutory
requirement with imposition of a mandate six months before that date.
2. Legal Authority
42. We conclude that section 251(e) of the Communications Act of
1934, as amended (the Act), provides authority to mandate the adoption
of the STIR/SHAKEN framework in the IP portions of voice service
providers' networks. Section 251(e) provides us ``exclusive
jurisdiction over those portions of the North American Numbering Plan
that pertain to the United States.'' Pursuant to this provision, we
retain ``authority to set policy with respect to all facets of
numbering administration in the United States.'' Our exclusive
jurisdiction over numbering policy enables us to act flexibly and
expeditiously with regard to important numbering matters. When bad
actors unlawfully falsify or spoof the caller ID that appears on a
subscriber's phone, they are using numbering resources to advance an
illegal scheme. Mandating that voice service providers deploy the STIR/
SHAKEN framework will help to prevent the fraudulent exploitation of
North American Numbering Plan (NANP) resources by permitting those
providers and their subscribers to identify when caller ID information
has been spoofed. Section 251(e) thus grants us authority to mandate
that voice service providers implement the STIR/SHAKEN caller ID
authentication framework in order to prevent the fraudulent
exploitation of numbering resources. The Commission has previously
concluded that its numbering authority allows it to extend numbering-
related requirements to interconnected VoIP providers that use
telephone numbers. As the Commission has explained, ``the obligation to
ensure that numbers are available on an equitable basis is reasonably
understood to include not only how numbers are made available but to
whom, and on what terms and conditions. Thus, we conclude that the
Commission has authority under section 251(e)(1) to extend to
interconnected VoIP providers both the rights and obligations
associated with using telephone numbers.'' Moreover, as the Commission
has previously found, section 251(e) extends to ``the use of . . .
unallocated and unused numbers''; it thus gives us authority to mandate
that voice service providers implement the STIR/SHAKEN framework to
address the spoofing of unallocated and unused numbers. The Commission
previously relied on this authority to make clear that voice service
providers may block calls that spoof invalid, unallocated, or unused
numbers, none of which can actually be used to originate a call. In the
2019 Further Notice, we proposed to rely on section 251(e) of the Act
for authority to mandate implementation of caller ID authentication
technology and, specifically, the STIR/SHAKEN framework; no commenter
challenged that proposal. We note, however, that because STIR/SHAKEN
implementation is not a ``numbering administration arrangement,''
section 251(e)(2), which provides that ``[t]he cost of establishing
telecommunications numbering administration arrangements . . . shall be
borne by all telecommunications carriers on a competitively neutral
basis,'' does not apply here. Even if section 251(e)(2) did apply, we
find that it is satisfied by our requirement that each carrier bear its
own costs, since each carrier's costs will be proportional to the size
and quality of its network.
43. The TRACED Act confirms our authority to mandate the adoption
of the STIR/SHAKEN framework in the IP portions of voice service
providers' networks. Indeed, the TRACED Act expressly directs us to
require voice service providers to implement the STIR/SHAKEN framework
in the IP portions of their networks no later than 18 months after the
date of that Act's enactment. The TRACED Act thus provides a second
clear source of authority for the rules we adopt today.
44. Finally, we note that Congress charged us with prescribing
regulations to implement the Truth in Caller ID Act, which made
unlawful the spoofing of caller ID information ``in connection with any
telecommunications service or IP-enabled voice service . . . with the
intent to defraud, cause harm, or wrongfully obtain anything of
value.'' Given the constantly evolving tactics by malicious callers to
use spoofed caller ID information to commit fraud, we find that the
rules we adopt today are necessary to enable voice service providers to
help prevent these unlawful acts and to protect voice service
subscribers from scammers and bad actors. Thus, section 227(e) provides
additional independent authority for these rules. While we sought
comment in the 2019 Robocall Declaratory Ruling and Further Notice on
the applicability of sections 201(b) and 202(a) as sources of
authority, we did so in the context of adopting rules to create a safe
harbor for certain call-blocking programs and requiring voice service
providers that offer call-blocking programs to maintain a Critical
Calls List. Because we did not seek comment in that item on whether
these provisions grant the Commission authority to
[[Page 22037]]
mandate caller ID authentication, and specifically STIR/SHAKEN, we do
not rely on them here as sources of authority.
B. Summary of Costs and Benefits
45. We are convinced that the benefits of requiring STIR/SHAKEN
implementation far outweigh the costs, even if adoption of the TRACED
Act makes a comprehensive cost-benefit analysis of a STIR/SHAKEN
implementation mandate unnecessary. Because STIR/SHAKEN is a part of a
broader set of technological and regulatory efforts necessary to
address illegal calls, and its limited deployment makes it difficult to
measure its full effects at this time, we compare the estimated costs
of implementing STIR/SHAKEN to the overall foreseeable range of
quantifiable and non-quantifiable benefits of eliminating illegal
calls, recognizing that STIR/SHAKEN is necessary but not, alone, a
solution to the problem. These benefits include reduction in nuisance
calls, increased protection from illegally spoofed calls restoration of
consumer confidence in incoming calls, fewer robocall-generated
disruptions of healthcare and emergency communications, reduction in
regulatory enforcement costs, and reduction in provider costs. We
conclude that, based on any plausible assumption about the scope of
illegal calls deterred by STIR/SHAKEN, the foreseeable benefits of
STIR/SHAKEN implementation--including reduction in calls that cost
Americans billions of dollars each year--will far exceed estimated
costs, including both recurring operating costs of between roughly $39
million and $780 million annually and estimated up-front costs, which
may be in the tens of millions of dollars for the largest voice service
providers. It is implausible that total implementation costs will come
close to the expected benefits of our actions. For example, broad
industry support for deploying STIR/SHAKEN strongly indicates that the
benefits to industry alone outweigh implementation costs, even before
considering the benefits to consumers of implementation.
1. Expected Benefits
46. We supplement our estimate of the benefits of eliminating
illegal and unwanted robocalls in the 2019 Further Notice with
additional data. Consistent with our earlier conclusion, we find that
the deployment requirements set forth in this Report and Order will be
integral to solving illegal robocall spoofing specifically and illegal
robocalling generally.
47. Eliminating Nuisance. In the 2019 Further Notice, we estimated
benefits of at least $3 billion from eliminating illegal scam
robocalls. That estimate assumed a benefit of ten cents per call and
multiplied it across a figure of 30 billion illegal scam robocalls per
year, derived from third-party data. We also sought comment on this $3
billion estimate and concluded that ``most of these benefits can be
achieved . . . primarily because SHAKEN/STIR will inform providers of
the call's true origination.'' We received no comment on this
conclusion. In its comments, Smithville Telephone Company states that a
$3 billion benefit amounts to 55 cents per voice line per month
(calculated by dividing the $3 billion benefit by 455 million retail
voice telephone service connections based on the FCC's Voice Telephone
Services Status as of June 30, 2017), and questions whether such
benefit is enough to drive this decision. The estimate of 30 billion
scam calls consists of an estimated 47% of all robocalls. If the
average line receives approximately 5 to 6 scam calls per month,
Smithville's calculation is consistent with our previous estimate. Our
burden is to determine that benefits exceed costs, and we find that the
benefits of implementing STIR/SHAKEN far exceed the costs. We agree
with commenters that STIR/SHAKEN is one important part of a broader set
of tools to solve illegal robocalls. We thus reaffirm our finding that
the potential benefits resulting from eliminating the wasted time and
nuisances caused by illegal scam robocalls will exceed $3 billion
annually.
48. Reducing Fraud. Fraudulent robocall schemes cost Americans an
estimated $10.5 billion annually, according to a third-party survey. To
reach $10.5 billion, Truecaller multiplied the 17% of survey
respondents who reported losing money in a scam during the past 12
months by the 2018 U.S. Census adult population estimate of 253
million. The estimated 43 million phone scam victims was then
multiplied by the average loss of $244. A recent civil action filed by
the U.S. Department of Justice against five VoIP carriers identifies
several examples of fraud where consumers individually lost between
$700 and $9,800 in a single instance. To reach $10.5 billion,
Truecaller multiplied the 17% of survey respondents who reported losing
money in a scam during the past 12 months by the 2018 U.S. Census adult
population estimate of 253 million. The estimated 43 million phone scam
victims was then multiplied by the average loss of $244. While STIR/
SHAKEN will not itself stop a malicious party from using the voice
network to commit fraud, it will inform a call recipient that the
caller has used deceptive caller ID information to try to convince the
called party to answer the phone. Many commenters noted value in
pairing STIR/SHAKEN with call analytics, and we expect this will
significantly reduce the effectiveness of spoofing fraud that costs
Americans billions of dollars each year, and similarly reduce the
incidence of such fraud.
49. Restoring Confidence in Caller ID Information. STIR/SHAKEN
implementation and other efforts to minimize illegal robocalls will
begin to restore trust in caller ID information and make call
recipients more likely to answer the phone. Declines in willingness to
answer incoming calls in recent years have harmed businesses,
healthcare providers, and non-profit charities. For example, utility
companies often call to confirm installation appointments, ``[b]ut if
the customer doesn't answer the phone for the appointment reminder and
the truck shows up when they're not there, by one estimate, that's a
$150 cost.'' Similarly, medical providers have indicated that patients
often fail to answer scheduling calls from specialists' offices and
eventually the office will give up after repeated attempts. Donations
to charities have also declined as a result of the decreased likelihood
of answering the phone. Such organizations likely will benefit because
recipients should be more likely to answer their phones if caller ID
information is authenticated. Furthermore, while we do not adopt any
display mandates in this item, we anticipate that voice service
providers will implement voluntary efforts to restore confidence in
caller ID information. Studies conducted by Cequint indicate that
including additional caller ID information (e.g., showing a business
logo along with caller ID information on a smartphone display to convey
legitimacy) increased pick up rates from 21% to 71%. Such information
will enhance the benefits achieved by STIR/SHAKEN implementation.
50. Ensuring Reliable Access to Emergency and Healthcare
Communications. Implementing STIR/SHAKEN will lead to fewer disruptions
of healthcare and emergency communication systems that needlessly put
lives at risk. Hospitals and 911 dispatch centers have reported that
robocall surges have disabled or disrupted their communications
network, and such disruptions have the potential to impede
communications in
[[Page 22038]]
life-or-death emergency situations. In one instance, Tufts Medical
Center in Boston received more than 4,500 robocalls in a two-hour
period. In another, the phone lines of several 911 dispatch centers in
Tarrant County, Texas, were disabled because of an hour long surge in
robocalls. In 2018, the Commission imposed a $120 million penalty for
an illegal robocall campaign that disrupted an emergency medical paging
service. Enabling voice service providers to more effectively identify
illegal calls, including spoofed calls, to healthcare and emergency
communication systems should reduce the risk of such situations. The
benefit to public safety will be considerable.
51. Reducing Costs to Voice Service Providers. An overall reduction
in robocalls will ``greatly lower network costs by eliminating unwanted
traffic and by eliminating the labor costs of handling numerous
customer complaints.'' We treat these anticipated reductions in cost as
a benefit to providers in order to limit our analysis of expected costs
to those for implementation and operation. Illegal robocalls have led
to unnecessary network congestion with broader possible impacts than
the targeted disruption of healthcare and emergency operations
described above. We agree with Comcast's assessment that ``the ability
to identify and address illegally spoofed robocalls using STIR/SHAKEN
will help reduce network costs for voice service providers.'' One
commenter argues that this benefit may be realized by larger providers
more than smaller providers and we acknowledge that the benefits of
changes in network capacity will vary by provider. Voice service
providers should also realize cost savings through the reduced need for
customer service regarding illegal calls. We find that the overall
benefit of these anticipated cost savings will be substantial and
represent a long-term reduction in provider costs attributable to STIR/
SHAKEN. Voice service providers may pass on the cost savings to
subscribers in the form of lower prices, resulting in additional
benefit to their subscribers.
52. Reducing Spending on Enforcement Actions. Broad STIR/SHAKEN
implementation will both reduce the need for enforcement against
illegally spoofed robocalls and make continued enforcement less
resource intensive. The Commission has brought at least six enforcement
actions against apparently liable actors for illegally spoofing caller
ID, and issued 38 warning citations for violations of the Telephone
Consumer Protection Act. The Federal Trade Commission has taken 145
enforcement actions against companies for Do Not Call Registry
violations, and 25 other federal, state, and local agencies brought 87
enforcement actions as part of a single 2019 initiative. By reducing
overall numbers of robocalls and providing additional information for
enforcement, industry-wide implementation of STIR/SHAKEN will save
resources at federal, state, and local agencies. While we do not
quantify these savings, we believe they add to the benefits of STIR/
SHAKEN implementation that will accrue.
2. Expected Costs
53. Implementation costs for STIR/SHAKEN will vary depending on a
voice service provider's existing network configuration. Commenters
indicated that voice service providers will incur ongoing costs in
addition to one-time implementation costs. Estimated one-time costs
include, among others, software licensing for authentication and
verification services; hardware upgrades to network elements such as
session border controllers and hardware upgrades required for software
compatibility; as well as connectivity and network configuration
changes, depending on current network configuration, and related
testing. One of the largest voice service providers estimates that it
will face one-time implementation costs ``in the tens of millions of
dollars.'' We expect that implementation costs are likely to vary
significantly based on voice service provider size and choices as to
implementation solutions. For example, voice service providers choosing
to directly implement STIR/SHAKEN will likely face larger one-time
costs than voice service providers choosing a hosted solution, which
are likely to have larger recurring costs. Recurring annual costs will
include fees associated with authenticating and verifying calls, plus
certificate fees. Estimates for recurring annual operating costs
discussed by panelists at the Commission's July 2019 SHAKEN/STIR
Robocall Summit range anywhere from approximately $15,000 to $300,000.
Our estimate regarding recurring annual operating costs reflects a
range because of variation in provider costs and the uncertainty of
costs given the ongoing nature of STIR/SHAKEN implementation. One
commenter asserts that recurring annual operating costs are ``likely to
be on the lower end of th[is] range.'' On the other hand, USTelecom
points out that fees paid by voice service providers to the Governance
Authority and Policy Administrator range from $825 to $240,000 per year
and states that a number of its members pay the highest annual fee.
Based on the record, we estimate that the approximately 2,600 voice
service providers together would spend between roughly $39 million and
$780 million annually in operating costs, with up-front costs for the
largest voice service providers in the tens of millions of dollars.
Approximately 2,600 companies offered mobile voice or fixed voice
service in December 2018. We anticipate that voice service providers
may be able to streamline their costs over time. Moreover, we recognize
that smaller voice service providers may have different costs and
challenges than larger providers, but we are confident that benefits to
all Americans far exceed one-time implementation and recurring annual
operating costs. One small, rural provider, using estimates from the
Commission's 2019 SHAKEN/STIR Robocall Summit, concludes that an annual
recurring cost of $100,000 will result in a cost of $26 per line for
its 319 customers. Additionally, in the Further Notice, we propose to
extend the compliance deadline for smaller voice service providers and
anticipate that increased competition between vendors may result in
lower prices and higher quality solutions. One small, rural provider,
using estimates from the Commission's 2019 SHAKEN/STIR Robocall Summit,
concludes that an annual recurring cost of $100,000 will result in a
cost of $26 per line for its 319 customers. Additionally, in the
Further Notice, we propose to extend the compliance deadline for
smaller voice service providers and anticipate that increased
competition between vendors may result in lower prices and higher
quality solutions.
C. Other Issues
54. Display. We are pleased by voice service providers' efforts to
incorporate STIR/SHAKEN verification results in the information that
they display to their customers. Voice service providers so far are
taking a variety of approaches to leveraging STIR/SHAKEN verification
result information to protect their subscribers from fraudulently
spoofed calls, including through display of that information. For
instance, AT&T announced that it would display a green checkmark and
the words ``Valid Number'' to subscribers if the call has been
authenticated and passed through screening. T-Mobile announced that it
would display the words ``Caller Verified,'' on the end user's device
when it has verified that the call is authentic. Other voice service
providers have not yet announced plans to display STIR/SHAKEN
authentication
[[Page 22039]]
information. Because we expect voice service providers to have
marketplace incentives to make the best possible use of STIR/SHAKEN
information once it is available, and because industry practices
regarding display of STIR/SHAKEN verification results are in their
early stages of development, we decline at this time to require voice
service providers to display STIR/SHAKEN verification results to their
subscribers or mandate the specifications voice service providers must
use if they choose to display. AARP and CUNA advocate for a display
requirement but do not identify a reason for a mandate beyond merely
pointing to the value of displaying verification information. While
display of verification information may be valuable, we decline to
adopt a mandate on that basis because we expect the marketplace to
drive display efforts, and because we anticipate that marketplace
solutions will be superior to a static regulatory mandate. In December
2019, the Consumer Advisory Committee recommended that stakeholders
``conduct studies and solicit input on what factors voice service
providers should consider for displaying caller ID information to
consumers, including . . . SHAKEN/STIR verification.'' We do not seek
to prevent the market from determining which form of display, if any,
is most useful; instead, we seek to encourage voice service providers
to find the solutions that work best for their subscribers.
55. Governance. Several commenters advocate changing the governance
structure. These commenters suggest we play an adjudicatory role in
disputes that may arise between voice service providers, or direct the
Governance Authority to take action on specific use cases, or change
the membership requirements of the Governance Authority.
56. We decline to impose new regulations on the STIR/SHAKEN
governance structure. Stakeholders met the aggressive timeline laid out
in the report issued by the North American Numbering Council (NANC),
establishing a collaborative Governance Authority and selecting the
Policy Administrator by May 2019. By December 2019, the Policy
Administrator approved the first Certification Authorities, and voice
service providers were able to register with the Policy Administrator
to obtain credentials necessary to receive certificates from approved
Certificate Authorities. We agree with T-Mobile that, at this time, it
``is not necessary for the Commission to have a role in STIR/SHAKEN
governance.'' STIR/SHAKEN is a flexible solution with an industry-led
governance system that can adapt and respond to new developments. We do
not think that our intervention in the governance structure is
appropriate at this stage given that we do not know the nature and
scope of the problems that may arise and industry is already working to
address specific use cases. Additionally, because the Governance
Authority is made up of a variety of stakeholders representing many
perspectives, we have no reason to believe it will not operate on a
neutral basis. The current STI-GA Leadership and Board of Directors is
available at https://www.atis.org/sti-ga/leadership.
IV. Procedural Matters
57. Paperwork Reduction Act. This document does not contain new or
modified information collection requirements 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.
58. Congressional Review Act. The Commission has determined, and
the Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs, that this rule is non-major
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission
will send a copy of this Report & Order and Further Notice of Proposed
Rulemaking to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
59. 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 presentation 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 written comments, memoranda or other filings 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 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 meetings
are deemed to be written ex parte presentations and must be filed
consistent with Rule 1.1206(b). In proceedings governed by Rule 1.49(f)
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.
60. Final Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980 (RFA), an Initial Regulatory
Flexibility Analysis (IRFA) was incorporated into the 2019 Robocall
Declaratory Ruling and Further Notice. The Commission sought written
public comment on the possible significant economic impact on small
entities regarding the proposals addressed in the 2019 Robocall
Declaratory Ruling and Further Notice, including comments on the IRFA.
Pursuant to the RFA, a Final Regulatory Flexibility Analysis is set
forth in Appendix C. The Commission's Consumer and Governmental Affairs
Bureau, Reference Information Center, will send a copy of this Report
and Order, including the FRFA, to the Chief Counsel for Advocacy of the
Small Business Administration (SBA).
A. Need for, and Objectives of, the Rules
61. Nefarious schemes that manipulate caller ID information to
deceive consumers about the name and phone number of the party that is
calling them, in order to facilitate fraudulent and other harmful
activities, continue to plague American consumers. In this Report and
Order (Order), we both act on our proposal to require voice service
providers to implement the STIR/SHAKEN caller ID authentication
framework if major voice service providers did not voluntarily do so by
the end of 2019, and implement the Pallone-Thune Telephone Robocall
Abuse Criminal Enforcement and Deterrence (TRACED) Act, which directs
the Commission to require all voice service providers to implement
[[Page 22040]]
STIR/SHAKEN in the IP portions of their networks.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
62. There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the SBA
63. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments.
64. The Chief Counsel did not file any comments in response to the
proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
65. The RFA directs agencies to provide a description and, where
feasible, an estimate of the number of small entities that may be
affected by the final rules adopted pursuant to the Order. 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. Pursuant to 5 U.S.C. 601(3), the statutory
definition of a small business applies ``unless an agency, after
consultation with the Office of Advocacy of the Small Business
Administration and after opportunity for public comment, establishes
one or more definitions of such term which are appropriate to the
activities of the agency and publishes such definition(s) in the
Federal Register.''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
SBA.
1. Wireline Carriers
66. Wired Telecommunications Carriers. The U.S. Census Bureau
defines this industry as ``establishments primarily engaged in
operating and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired communications
networks. Transmission facilities may be based on a single technology
or a combination of technologies. Establishments in this industry use
the wired telecommunications network facilities that they operate to
provide a variety of services, such as wired telephony services,
including VoIP services, wired (cable) audio and video programming
distribution, and wired broadband internet services. By exception,
establishments providing satellite television distribution services
using facilities and infrastructure that they operate are included in
this industry.'' The SBA has developed a small business size standard
for Wired Telecommunications Carriers, which consists of all such
companies having 1,500 or fewer employees. U.S. Census Bureau data for
2012 show that there were 3,117 firms that operated that year. Of this
total, 3,083 operated with fewer than 1,000 employees. The largest
category provided by the census data is ``1000 employees or more'' and
a more precise estimate for firms with fewer than 1,500 employees is
not provided. Thus, under this size standard, the majority of firms in
this industry can be considered small.
67. Local Exchange Carriers (LECs). Neither the Commission nor the
SBA has developed a size standard for small businesses applicable to
local exchange services. The closest applicable NAICS Code category is
Wired Telecommunications Carriers. Under the applicable SBA size
standard, such a business is small if it has 1,500 or fewer employees.
U.S. Census Bureau data for 2012 show that there were 3,117 firms that
operated for the entire year. Of that total, 3,083 operated with fewer
than 1,000 employees. The largest category provided by the census data
is ``1000 employees or more'' and a more precise estimate for firms
with fewer than 1,500 employees is not provided. Thus under this
category and the associated size standard, the Commission estimates
that the majority of local exchange carriers are small entities.
68. Incumbent Local Exchange Carriers (incumbent LECs). Neither the
Commission nor the SBA has developed a small business size standard
specifically for incumbent local exchange services. The closest
applicable NAICS Code category is Wired Telecommunications Carriers.
Under the applicable SBA size standard, such a business is small if it
has 1,500 or fewer employees. U.S. Census Bureau data for 2012 indicate
that 3,117 firms operated the entire year. Of this total, 3,083
operated with fewer than 1,000 employees. Consequently, the Commission
estimates that most providers of incumbent local exchange service are
small businesses that may be affected by our actions. According to
Commission data, one thousand three hundred and seven (1,307) Incumbent
Local Exchange Carriers reported that they were incumbent local
exchange service providers. Of this total, an estimated 1,006 have
1,500 or fewer employees. Thus, using the SBA's size standard the
majority of incumbent LECs can be considered small entities.
69. Competitive Local Exchange Carriers (competitive LECs),
Competitive Access Providers (CAPs), Shared-Tenant Service Providers,
and Other Local Service Providers. Neither the Commission nor the SBA
has developed a small business size standard specifically for these
service providers. The appropriate NAICS Code category is Wired
Telecommunications Carriers and under that size standard, such a
business is small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2012 indicate that 3,117 firms operated during that
year. Of that number, 3,083 operated with fewer than 1,000 employees.
The largest category provided by the census data is ``1000 employees or
more'' and a more precise estimate for firms with fewer than 1,500
employees is not provided. Based on these data, the Commission
concludes that the majority of Competitive LECS, CAPs, Shared-Tenant
Service Providers, and Other Local Service Providers, are small
entities. According to Commission data, 1,442 carriers reported that
they were engaged in the provision of either competitive local exchange
services or competitive access provider services. Of these 1,442
carriers, an estimated 1,256 have 1,500 or fewer employees. In
addition, 17 carriers have reported that they are Shared-Tenant Service
Providers, and all 17 are estimated to have 1,500 or fewer employees.
Also, 72 carriers have reported that they are Other Local Service
Providers. Of this total, 70 have 1,500 or fewer employees.
Consequently, based on internally researched FCC data, the Commission
estimates that most providers of competitive local exchange service,
competitive access providers, Shared-Tenant Service Providers, and
Other Local Service Providers are small entities.
70. We have included small incumbent LECs in this present RFA
analysis. As noted above, a ``small business'' under the RFA is one
that, inter alia, meets the pertinent small-business size standard
(e.g., a telephone communications business having 1,500 or fewer
employees) and ``is not dominant in its field of operation.'' The
[[Page 22041]]
SBA's Office of Advocacy contends that, for RFA purposes, small
incumbent LECs are not dominant in their field of operation because any
such dominance is not ``national'' in scope. We have therefore included
small incumbent LECs in this RFA analysis, although we emphasize that
this RFA action has no effect on Commission analyses and determinations
in other, non-RFA contexts. Interexchange Carriers (IXCs). Neither the
Commission nor the SBA has developed a small business size standard
specifically for Interexchange Carriers. The closest applicable NAICS
Code category is Wired Telecommunications Carriers. The applicable size
standard under SBA rules is that such a business is small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2012 indicate
that 3,117 firms operated for the entire year. Of that number, 3,083
operated with fewer than 1,000 employees. The largest category provided
by the census data is ``1000 employees or more'' and a more precise
estimate for firms with fewer than 1,500 employees is not provided.
71. According to internally developed Commission data, 359
companies reported that their primary telecommunications service
activity was the provision of interexchange services. Of this total, an
estimated 317 have 1,500 or fewer employees. Consequently, the
Commission estimates that the majority of interexchange service
providers are small entities.
72. Cable System Operators (Telecom Act Standard). The
Communications Act of 1934, as amended, also contains a size standard
for small cable system operators, which is ``a cable operator that,
directly or through an affiliate, serves in the aggregate fewer than
one percent of all subscribers in the United States and is not
affiliated with any entity or entities whose gross annual revenues in
the aggregate exceed $250,000,000.'' As of 2018, there were
approximately 50,504,624 cable video subscribers in the United States.
Accordingly, an operator serving fewer than 505,046 subscribers shall
be deemed a small operator if its annual revenues, when combined with
the total annual revenues of all its affiliates, do not exceed $250
million in the aggregate. Based on available data, we find that all but
six incumbent cable operators are small entities under this size
standard. We note that the Commission neither requests nor collects
information on whether cable system operators are affiliated with
entities whose gross annual revenues exceed $250 million. The
Commission does receive such information on a case-by-case basis if a
cable operator appeals a local franchise authority's finding that the
operator does not qualify as a small cable operator pursuant to Sec.
76.901(f) of the Commission's rules. Therefore we are unable at this
time to estimate with greater precision the number of cable system
operators that would qualify as small cable operators under the
definition in the Communications Act.
2. Wireless Carriers
73. Wireless Telecommunications Carriers (Except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms employed fewer
than 1,000 employees and 12 firms employed of 1000 employees or more.
Available census data does not provide a more precise estimate of the
number of firms that have employment of 1,500 or fewer employees. The
largest category provided is for firms with ``1000 employees or more.''
Thus under this category and the associated size standard, the
Commission estimates that the majority of wireless telecommunications
carriers (except satellite) are small entities.
74. The Commission's own data--available in its Universal Licensing
System--indicate that, as of August 31, 2018 there are 265 Cellular
licensees that will be affected by our actions. For the purposes of
this FRFA, consistent with Commission practice for wireless services,
the Commission estimates the number of licensees based on the number of
unique FCC Registration Numbers. The Commission does not know how many
of these licensees are small, as the Commission does not collect that
information for these types of entities. Similarly, according to
internally developed Commission data, 413 carriers reported that they
were engaged in the provision of wireless telephony, including cellular
service, Personal Communications Service (PCS), and Specialized Mobile
Radio (SMR) Telephony services. Of this total, an estimated 261 have
1,500 or fewer employees, and 152 have more than 1,500 employees. Thus,
using available data, we estimate that the majority of wireless firms
can be considered small.
75. Satellite Telecommunications. This category comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The category has a small business size standard of
$35 million or less in average annual receipts, under SBA rules. For
this category, U.S. Census Bureau data for 2012 show that there were a
total of 333 firms that operated for the entire year. Of this total,
299 firms had annual receipts of less than $25 million. The available
U.S. Census Bureau data does not provide a more precise estimate of the
number of firms that meet the SBA size standard of annual receipts of
$35 million or less. Consequently, we estimate that the majority of
satellite telecommunications providers are small entities.
3. Resellers
76. Local Resellers. The SBA has not developed a small business
size standard specifically for Local Resellers. The SBA category of
Telecommunications Resellers is the closest NAICs code category for
local resellers. The Telecommunications Resellers industry comprises
establishments engaged in purchasing access and network capacity from
owners and operators of telecommunications networks and reselling wired
and wireless telecommunications services (except satellite) to
businesses and households. Establishments in this industry resell
telecommunications; they do not operate transmission facilities and
infrastructure. Mobile virtual network operators (MVNOs) are included
in this industry. Under the SBA's size standard, such a business is
small if it has 1,500 or fewer employees. U.S. Census Bureau data from
2012 show that 1,341 firms provided resale services during that year.
Of that number, all operated with fewer than 1,000 employees. Available
census data does not provide a more precise estimate of the number of
firms that have employment of 1,500 or fewer employees. The largest
category provided is for firms with ``1000 employees or more.'' Thus,
under this category and the associated small business size standard,
the majority of
[[Page 22042]]
these resellers can be considered small entities. According to
Commission data, 213 carriers have reported that they are engaged in
the provision of local resale services. Of these, an estimated 211 have
1,500 or fewer employees and two have more than 1,500 employees.
Consequently, the Commission estimates that the majority of local
resellers are small entities.
77. Toll Resellers. The Commission has not developed a definition
for Toll Resellers. The closest NAICS Code Category is
Telecommunications Resellers. The Telecommunications Resellers industry
comprises establishments engaged in purchasing access and network
capacity from owners and operators of telecommunications networks and
reselling wired and wireless telecommunications services (except
satellite) to businesses and households. Establishments in this
industry resell telecommunications; they do not operate transmission
facilities and infrastructure. MVNOs are included in this industry. The
SBA has developed a small business size standard for the category of
Telecommunications Resellers. Under that size standard, such a business
is small if it has 1,500 or fewer employees. 2012 Census Bureau data
show that 1,341 firms provided resale services during that year. Of
that number, 1,341 operated with fewer than 1,000 employees. Available
census data does not provide a more precise estimate of the number of
firms that have employment of 1,500 or fewer employees; the largest
category provided is for firms with ``1000 employees or more.'' Thus,
under this category and the associated small business size standard,
the majority of these resellers can be considered small entities.
According to Commission data, 881 carriers have reported that they are
engaged in the provision of toll resale services. Of this total, an
estimated 857 have 1,500 or fewer employees. Consequently, the
Commission estimates that the majority of toll resellers are small
entities.
78. Prepaid Calling Card Providers. Neither the Commission nor the
SBA has developed a small business definition specifically for prepaid
calling card providers. The most appropriate NAICS code-based category
for defining prepaid calling card providers is Telecommunications
Resellers. This industry comprises establishments engaged in purchasing
access and network capacity from owners and operators of
telecommunications networks and reselling wired and wireless
telecommunications services (except satellite) to businesses and
households. Establishments in this industry resell telecommunications;
they do not operate transmission facilities and infrastructure. Mobile
virtual networks operators (MVNOs) are included in this industry. Under
the applicable SBA size standard, such a business is small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2012 show that
1,341 firms provided resale services during that year. Of that number,
1,341 operated with fewer than 1,000 employees. Available census data
does not provide a more precise estimate of the number of firms that
have employment of 1,500 or fewer employees. The largest category
provided is for firms with ``1000 employees or more.'' Thus, under this
category and the associated small business size standard, the majority
of these prepaid calling card providers can be considered small
entities. According to Commission data, 193 carriers have reported that
they are engaged in the provision of prepaid calling cards. All 193
carriers have 1,500 or fewer employees. Consequently, the Commission
estimates that the majority of prepaid calling card providers are small
entities that may be affected by these rules.
4. Other Entities
79. All Other Telecommunications. The ``All Other
Telecommunications'' category is comprised of establishments primarily
engaged in providing specialized telecommunications services, such as
satellite tracking, communications telemetry, and radar station
operation. This industry also includes establishments primarily engaged
in providing satellite terminal stations and associated facilities
connected with one or more terrestrial systems and capable of
transmitting telecommunications to, and receiving telecommunications
from, satellite systems. Establishments providing internet services or
voice over internet protocol (VoIP) services via client-supplied
telecommunications connections are also included in this industry. The
SBA has developed a small business size standard for ``All Other
Telecommunications,'' which consists of all such firms with annual
receipts of $35 million or less. For this category, U.S. Census Bureau
data for 2012 show that there were 1,442 firms that operated for the
entire year. Of those firms, a total of 1,400 had annual receipts less
than $25 million and 15 firms had annual receipts of $25 million to
$49,999,999. Thus, the Commission estimates that the majority of ``All
Other Telecommunications'' firms potentially affected by our action can
be considered small.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
80. This Order modifies the Commission's rules in accordance with
our proposal to require voice service providers to implement the STIR/
SHAKEN caller ID authentication framework if major voice service
providers did not voluntarily do so by the end of 2019, and implements
Congress's direction in the TRACED Act to mandate STIR/SHAKEN. The
amended rules adopted in the Order do not contain reporting or
recordkeeping requirements.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
81. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its approach. This document does not distinguish between small
entities and other entities and individuals.
G. Report to Congress
82. The Commission will send a copy of the Order, including this
FRFA, in a report to Congress pursuant to the Congressional Review Act.
In addition, the Commission will send a copy of the Order, including
this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
Order and FRFA (or summaries thereof) will also be published in the
Federal Register.
V. Ordering Clauses
83. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j),
227(e), 227b, 251(e), and 303(r), of the Communications Act of 1934, as
amended (the Act), 47 U.S.C. 154(i), 154(j), 227(e), 227b, 251(e), and
303(r), that this Report and Order IS ADOPTED.
84. IT IS FURTHER ORDERED that Part 64 of the Commission's rules IS
AMENDED as set forth in the following.
85. IT IS FURTHER ORDERED that, pursuant to Sec. Sec. 1.4(b)(1)
and 1.103(a) of the Commission's rules, 47 CFR 1.4(b)(1), 1.103(a),
this Report and Order SHALL BE EFFECTIVE 30 days after publication in
the Federal Register.
86. IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of
this Report and Order to Congress and to the Government Accountability
Office pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
[[Page 22043]]
List of Subjects in 47 CFR Part 64
Communications common carriers, Carrier equipment, Reporting and
recordkeeping requirements, Telecommunications, Telephone.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 64 follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
1. The authority citation for part 64 is revised to read as follows:
Authority: 47 U.S.C. 154, 201, 202, 217, 218, 220, 222, 225,
226, 227, 227b, 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.
0
2. Add Subpart HH, consisting of Sec. Sec. 64.6300 and 64.6301, to
read as follows:
Subpart HH--Caller ID Authentication
Sec. 64.6300 Definitions.
(a) Authenticate caller identification information. The term
``authenticate caller identification information'' refers to the
process by which a voice service provider attests to the accuracy of
caller identification information transmitted with a call it
originates.
(b) Caller identification information. The term ``caller
identification information'' has the same meaning given the term
``caller identification information'' in 47 CFR 64.1600(c) as it
currently exists or may hereafter be amended.
(c) Intermediate provider. The term ``intermediate provider'' means
any entity that carriers or processes traffic that traverses or will
traverse the PSTN at any point insofar as that entity neither
originates nor terminates that traffic.
(d) SIP call. The term ``SIP call'' refers to calls initiated,
maintained, and terminated using the Session Initiation Protocol
signaling protocol.
(e) STIR/SHAKEN authentication framework. The term ``STIR/SHAKEN
authentication framework'' means the secure telephone identity
revisited and signature-based handling of asserted information using
tokens standards.
(f) Verify caller identification information. The term ``verify
caller identification information'' refers to the process by which a
voice service provider confirms that the caller identification
information transmitted with a call it terminates was properly
authenticated.
(g) Voice service. The term ``voice service''--
(1) Means any service that is interconnected with the public
switched telephone network and that furnishes voice communications to
an end user using resources from the North American Numbering Plan or
any successor to the North American Numbering Plan adopted by the
Commission under section 251(e)(1) of the Communications Act of 1934,
as amended; and
(2) Includes--
(i) Transmissions from a telephone facsimile machine, computer, or
other device to a telephone facsimile machine; and
(ii) Without limitation, any service that enables real-time, two-
way voice communications, including any service that requires internet
Protocol-compatible customer premises equipment and permits out-bound
calling, whether or not the service is one-way or two-way voice over
internet Protocol.
Sec. 64.6301 Caller ID authentication.
(a) STIR/SHAKEN Implementation by Voice Service Providers. Not
later than June 30, 2021, a voice service provider shall fully
implement the STIR/SHAKEN authentication framework in its internet
Protocol networks. To fulfill this obligation, a voice service provider
shall:
(1) Authenticate and verify caller identification information for
all SIP calls that exclusively transit its own network;
(2) Authenticate caller identification information for all SIP
calls it originates and that will exchange with another voice service
provider or intermediate provider and, to the extent technically
feasible, transmit that call with caller ID authentication information
to the next voice service provider or intermediate provider in the call
path; and
(3) Verify caller identification information for all SIP calls it
receives from another voice service provider or intermediate provider
which it will terminate and for which the caller identification
information has been authenticated.
(b) [Reserved].
[FR Doc. 2020-07585 Filed 4-20-20; 8:45 am]
BILLING CODE 6712-01-P