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Retailers Press FCC for Reassigned Numbers Database, Safe Harbor

Neustar told the FCC the world doesn’t need a new database of reassigned numbers to curb unwanted robocalls. Other commenters representing companies that make calls to consumers were more supportive of FCC proposals. Comments were due Monday in docket 17-59 on a July 13 notice of inquiry.

The NOI had the support of Chairman Ajit Pai, and Commissioners Mignon Clyburn and Mike O’Rielly. O’Rielly at the time said he pressed for language asking about a safe harbor for companies that use the database to minimize calls to reassigned numbers. “There must be some benefit for companies to help establish, pay for and use such a database, and a properly constructed compliance safe harbor must be part of any equation, if this item is to proceed,” O’Rielly said (see 1707130054). The safe harbor would inoculate companies from lawsuits tied to the Telephone Consumer Protection Act.

Neustar reminded the FCC it offers a service allowing companies to track reassigned numbers. “The problems with which the Commission is grappling are best addressed by robust, technologically sophisticated, and competitive commercial offerings that reduce the likelihood of placing calls to reassigned phone numbers,” Neustar commented. “Such offerings allow callers to mitigate the risk of calling reassigned numbers while also protecting consumers from unwanted calls.”

The Retail Industry Leaders Association disagreed with Neustar and supported creation of a national database. It “would help to ensure not only that consumers continue to receive important information but also that callers do not continue to be threatened with liability for inadvertently calling numbers that they did not know had been reassigned,” the group commented. It supported the concept of a safe harbor for companies that use the database.

The reassigned number problem is one of significant scope and complexity, and it is only growing more complicated each year” as wireless subscribers change carriers, commented the National Retail Federation. Launch of a database and safe harbor is a major priority for members, the federation said. The National Association of Federally-Insured Credit Unions also endorsed creation of a database and corresponding safe harbor.

The Internet Association said the FCC was right to press forward on a fix. “When telephone numbers are reassigned, many consumers end up losing access to valuable communications -- to which they have consented -- and consumers to whom those telephone numbers have been reassigned can end up receiving unwanted calls,” IA said. “Recipients and callers can be affected when a message is misdirected.”