Protecting Consumers From One-Ring Scams, 2562-2564 [2020-27652]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 86, Number 8 (Wednesday, January 13, 2021)]
[Rules and Regulations]
[Pages 2562-2564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27652]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 20-93; FCC 20-171; FRS 17291]


Protecting Consumers From One-Ring Scams

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) implements section 12 of the TRACED Act in order to 
enable voice service providers to block calls from numbers associated 
with a type of illegal robocall known as a one-ring scam. The 
Commission also, pursuant to the TRACED Act, expands collaborative law 
enforcement and consumer education activities to stop one-ring scams 
and other fraudulent and abusive robocalling practices. The measures 
adopted by the Commission empower voice service providers to stop these 
illegal robocalls and will give consumers substantial additional 
protection from these scams.

DATES: Effective February 12, 2021.

FOR FURTHER INFORMATION CONTACT: Mika Savir of the Consumer Policy 
Division, Consumer and Governmental Affairs Bureau, at 
[email protected] or (202) 418-0384.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, FCC 20-171, CG Docket No. 20-93, adopted on November 24, 
2020, and released on November 30, 2020. The full text of this document 
is available online at https://docs.fcc.gov/public/attachments/FCC-20-171A1.docx. To request this document in accessible formats for people 
with disabilities (e.g., Braille, large print, electronic files, audio 
format) or to request reasonable accommodations (e.g., accessible 
format documents, sign language interpreters, CART), send an email to 
[email protected] or call the FCC's Consumer and Governmental Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Congressional Review Act

    The Commission sent a copy of document FCC 20-171 to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act, 5 U.S.C. 801(a)(1)(A).

Final Paperwork Reduction Act of 1995 Analysis

    The Report and Order does not contain any new or modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995, Public Law 104-13. It, therefore, does not contain any new 
or modified information collection burden for small business concerns 
with fewer than 25 employees, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Synopsis

    1. In the Report and Order, the Commission implements section 12 of 
the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement Act 
(TRACED Act), Public Law 116-105, 12, December 30, 2019, 133 Stat. 3286 
(codified at 47 U.S.C. 227 note). Section 12 of the TRACED Act directs 
the Commission to consider taking additional steps to protect called 
parties from a type of illegal call known as the one-ring scam. In the 
Report and Order, the Commission adopts the proposal in the Notice of 
Proposed Rulemaking (NPRM), published at 85 FR 30672, May 20, 2020, 
with some minor modifications. The Commission adds a new paragraph 
(k)(2)(iv) to 47 CFR 64.2400 to allow voice service providers to block 
all calls from a telephone number that the provider identifies, based 
on reasonable analytics, as highly likely to be associated with a one-
ring scam. The Commission also adopts a definition of one-ring scam in 
paragraph (f)(8) that is consistent with the definition set forth in 
the proposed rule: The term one-ring scam means a scam in which a 
caller makes a call and allows the call to ring the called party for a 
short duration, in order to prompt the called party to return the call, 
thereby subjecting the called party to charges.
    2. Based on the record, the Commission concludes that these rule 
changes will help protect consumers from the scam and, consistent with 
section 12(b)(4) of the TRACED Act, will incentivize voice service 
providers to stop calls made to perpetrate one-ring scams from being 
received by called parties. This rule amendment is also consistent with 
the congressional directive in the same section of the statute 
regarding the addition of identified one-ring scam type numbers to the 
Commission's existing list of permissible categories for carrier-
initiated blocking. In addition, pursuant to section 12(b)(5) of the 
TRACED Act, this rule takes into account and relies, in part, on the 
work of entities that provide call-blocking services to address one-
ring scams.
    3. One-ring scam calls serve no beneficial purpose, and thus no 
reasonable consumer would want to receive them. Accordingly, the 
Commission does not require terminating providers to give their 
customers an opportunity to opt out of the blocking of such calls. The 
Commission encourages voice service providers to implement call-
blocking measures that will help eliminate or reduce the number of one-
ring scam calls that reach consumers.
    4. The Commission also extends to one-ring scam blocking the safe 
harbor for inadvertent blocking of wanted robocalls using reasonable 
analytics. This safe harbor gives voice service providers assurance 
that blocking of one-ring scam calls based on reasonable analytics will 
not result in liability if they inadvertently block wanted calls, and 
it thus strengthens their ability and incentive to protect consumers 
from such scams. For this reason, the Commission is adding a reference 
to reasonable analytics--a term that was not included in the rule text 
proposed in the NPRM--to paragraph (k)(2)(iv) of the final rule.
    5. While voice service providers already have authority to block 
illegal one-ring scam calls, the rule adopted herein will remove any 
doubt that voice service providers may lawfully use reasonable 
analytics to identify and block calls that appear to be one-ring scam 
calls, even if such identification proves to be erroneous in any 
particular instance; that they may do so without fear of liability for 
inadvertently blocking wanted calls; and that they may do so on a 
network-wide basis. The Commission believes this will strongly 
encourage voice service providers to take a more aggressive approach to 
blocking one-ring scam calls and thus will further protect consumers 
from such scams.
    6. Some commenters recommended that the Commission focus on 
combatting one-ring scam calls that fraudulently induce consumers to 
place calls to premium-rate numbers under a foreign government's 
national numbering plan, subject to analytics that suggest reasonable 
cause to treat such inbound calls as scam calls. The Commission agrees 
that voice service providers could block such inbound calls if they 
satisfy the applicable criteria in the rules.

[[Page 2563]]

    7. Section 12(b)(6) of the TRACED Act directs the Commission to 
consider requiring international gateway providers to verify the nature 
or purpose of calls but does not require the Commission to adopt such a 
rule. The Commission stated that it would consider this proposal in the 
context of another pending proceeding, in which it sought comment on 
adopting a broader set of safeguards that would require voice service 
providers to take affirmative, effective measures to prevent new and 
renewing customers from using their networks to originate illegal calls 
and would hold them responsible for doing due diligence on their high-
volume customers. See Advanced Methods to Target and Eliminate Unlawful 
Robocalls, published at 85 FR 46063, July 31, 2020, paragraph 13.
    8. Pursuant to section 12(b)(1) of the TRACED Act, the Commission 
is working with federal and state law enforcement agencies to protect 
consumers from one-ring scams by participating in an interagency 
working group, convened by the Attorney General, in consultation with 
the Chairman of the Commission, to study Government prosecution of 
violations of 47 U.S.C. 227(b), and will ensure that the group 
addresses one-ring scams. Pursuant to section 12(b)(2) of the TRACED 
Act, the Commission intends to expand and enhance its enforcement 
coordination and cooperation with foreign governments aimed at 
combatting unlawful cross-border schemes such as one-ring scams. And 
pursuant to section 12(b)(3) of the TRACED Act, the Commission will 
continue and expand its proactive consumer outreach efforts, in 
conjunction with the Federal Trade Commission, to better educate 
consumers about how to avoid one-ring scams as well as other fraudulent 
and abusive robocalling practices.

Final Regulatory Flexibility Analysis

    9. As required by the Regulatory Flexibility Act of 1980, as 
amended, (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the NPRM in this docket. The Commission sought written 
public comment on the proposals in the NPRM, including comment on the 
IRFA. The Final Regulatory Flexibility Analysis FRFA conforms to the 
RFA.
    10. Need for, and Objectives of, the Rules. In the Report and 
Order, the Commission adopts, with some modification, the proposal in 
the NPRM to include numbers that are likely to be associated with the 
one ring scam as a category of numbers that voice service providers can 
block. This will implement section 12 of the TRACED Act, to prevent 
consumers from a type of scam called a one-ring scam. The TRACED Act 
defines ``one-ring scam'' as ``a scam in which a caller makes a call 
and allows the call to ring the called party for a short duration, in 
order to prompt the called party to return the call, thereby subjecting 
the called party to charges.''
    11. Section 12 of the TRACED Act requires the Commission to 
initiate a proceeding to protect consumers from one-ring scams and to 
consider the following ways: Work with federal and state law 
enforcement agencies; work with the governments of foreign countries; 
in consultation with the FTC, better educate consumers about how to 
avoid one-ring scams; encourage voice service providers to stop one-
ring scam calls, including adding identified one-ring scam-type numbers 
to the list of permissible categories for carrier-initiated blocking; 
work with entities that provide call-blocking services to address one-
ring scams; and establish obligations on international gateway 
providers, including potential requirements that such providers verify 
with the foreign originator the nature or purpose of calls before 
initiating service.
    12. Summary of Significant Issues Raised by Public Comments in 
Response to the IRFA. There were no comments filed that specifically 
addressed the rules and policies proposed in the IRFA.
    13. Response to Comments by the Chief Counsel for Advocacy of the 
Small Business Administration. 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. 
The Chief Counsel did not file any comments in response to the proposed 
rules in this proceeding.
    14. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements. Voice service providers may implement 
reporting or recordkeeping in order to accomplish blocking of one-ring 
scam calls, but it is not required in the rule.
    15. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered. The RFA requires an 
agency to describe any significant alternatives that it has considered 
in reaching its approach, which may include the following four 
alternatives (among others): (1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.
    16. The Commission's rule allows, but does not require, voice 
service providers to block calls from numbers that they identify, using 
reasonable analytics, as likely to be associated with one-ring scams. 
The rule is permissive, not mandatory; it allows all voice service 
providers, including small businesses, to block such calls, but it does 
not impose any new compliance obligations or reporting obligations. To 
the extent this new rule has any economic impact on voice service 
providers that are small entities, the impact will likely be beneficial 
because they will be shielded from liability if they opt to block calls 
in the manner described in the Report and Order.

List of Subjects in 47 CFR Part 64

    Communications common carriers, Reporting and recordkeeping 
requirements, Telecommunications, Telephone.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220, 
222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 262, 276, 
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. Amend Sec.  64.1200 by redesignating paragraphs (f)(8) through 
(f)(17) as (f)(9) through (f)(18), and adding paragraphs (f)(8) and 
(k)(2)(iv), to read as follows:


Sec.  64.1200  Delivery Restrictions.

* * * * *
    (f) * * *
    (8) The term one-ring scam means a scam in which a caller makes a 
call and allows the call to ring the called party for a short duration, 
in order to prompt the called party to return the call,

[[Page 2564]]

thereby subjecting the called party to charges.
* * * * *
    (k) * * *
    (2) * * *
    (iv) A telephone number that the provider identifies, based on 
reasonable analytics, as highly likely to be associated with a one-ring 
scam.
* * * * *
[FR Doc. 2020-27652 Filed 1-12-21; 8:45 am]
BILLING CODE 6712-01-P