FCC OKs Robocall Ruling Over Partial Dissents by Rosenworcel, O'Rielly

Regulators approved a declaratory ruling Thursday allowing carriers to block unwanted robocalls by default. Commissioners Jessica Rosenworcel and Mike O’Rielly, who had signaled concerns (see 1906030008 and 1905310061), partially dissented. A Further NPRM asks about additional steps and was strengthened last week to add a proposal that the FCC mandate secure handling of asserted information using tokens and secure telephone identity revisited technology if major voice providers don’t comply with demands Shaken Stir be implemented by year-end.

Commissioner Geoffrey Starks said at his request the item now includes a requirement that the Consumer and Governmental Affairs Bureau, working with other bureaus, gather information from carriers and develop “a series of comprehensive reports on the deployment and implementation of call blocking and Caller ID authentication.” CGB will report back to the FCC in one year and two years. Rosenworcel said after the meeting she appreciated Starks’ work on getting the coming reports, which she said will examine how call blocking “really works” and “will it capture the right calls.”

O'Rielly partially dissented because of the reports. The order gives authority to the bureau “to examine whatever they see fit and I think that’s problematic,” he told reporters. “I’ve had problems with delegation for multiple years now and I don’t think we should delegate that authority.” O’Rielly said he voted for the ruling more generally, but worries about how well it will work.

Rosenworcel partially voted no because of cost concerns. “Robocall solutions should be free,” she said. “Full stop. I do not think that this agency should pat itself on the back for its efforts to reduce robocalls and then tell consumers to pay up.” Rosenworcel said the agency shouldn’t have to rely on “pinky promises” consumers won’t have to pay the bill. An “expectation” the service will be free isn’t enough, she said.

Starks said he was able to vote yes because the order “makes it abundantly clear that providers who implement these services will save billions of dollars as network capacity is freed up and customer service representatives field fewer complaints,” and the technology should be free to consumers. ”Making phone service usable again, I believe, will cause fewer consumers to cancel their phone service and, perhaps, some will come back,” he said.

Chairman Ajit Pai said companies that make legitimate robocalls expressed concerns: “We’ve appropriately addressed their concerns by making clear that any reasonable call-blocking program offered by default must include a mechanism for allowing legitimate callers to register a complaint and for having that complaint resolved.” He said robocallers, including debt collectors, sought delays: “Today was not the time for delay and stalling tactics. It was the time for action.”

Wireless carriers need to “step up their efforts,” said Commissioner Brendan Carr. “We make clear that they have the power to do so. This decision removes any doubt that carriers can block calls before they even reach a consumer’s phone based on call analytics.”

Legislators React

House Commerce Committee leaders lauded the actions. "I’m glad the FCC took action to allow more blocking of robocalls, but I’m disappointed the Commission’s ruling doesn’t ensure consumers don’t foot the bill for stopping these calls," said committee Chairman Frank Pallone, D-N.J. "Consumers should not have to pay one cent more of their hard-earned money to get rid of these illegal and unwanted calls."

House Commerce "will [mark up] consumer-focused legislation soon to stop the robocall epidemic," Pallone said. Ranking member Greg Walden, R-Ore., earlier said negotiations on a compromise may be in a "good place” after “productive discussions” with Pallone on legislation that combines elements from seven measures the House Communications Subcommittee examined in April (see 1906050051).

"The scourge of unwanted robocalls is a top frustration we hear about from our constituents" and "from folks across the country" and "we applaud Chairman Pai and the FCC for acting today to provide new tools to stop unwanted robocalls," said Walden and House Communications Subcommittee ranking member Bob Latta, R-Ohio, in a joint statement. "Now, it is time for Congress to redouble our bipartisan efforts to hang up the phone on spoofed and malicious robocalls once and for all."

Sen. Amy Klobuchar, D-Minn., said the FCC action is an "important step," touting the Senate-passed Telephone Robocall Abuse Criminal Enforcement and Deterrence (Traced) Act (see 1905230048). HR-2015/S-151 would increase FCC authority, allowing the agency to levy civil penalties of up to $10,000 per call when the caller intentionally flouts the Telephone Consumer Protection Act. The bill would extend to three years the window for civil enforcement (see 1901170039).

O’Rielly said in a news conference he hopes to now see action on the Telephone Consumer Protection Act rules. Last year, the U.S. Court of Appeals for the D.C. Circuit (see 1803160053) reversed parts of 2015 FCC TCPA rules and remanded them to the agency. “I’m in favor of deciding those issues that have been remanded … and addressing the failures of a past commission and decisions that were deeply flawed,” he said. “The chairman decides the timing of everything. He’s got a lot of things going on.”

No Silver Bullet

The Consumer Bankers Association, a groups that expressed concerns, said the FCC worked with it to improve the item. “Telecommunications firms should not be allowed to decide for consumers which calls -- including calls related to credit card fraud or low account balances -- are blocked without recourse and we appreciate the FCC taking our concerns into account before voting on the declaratory ruling,” said CBA President Richard Hunt.

“We recognize the FCC’s actions today as a meaningful step toward ridding consumers of unwanted and harassing robocalls, but it’s not a magic bullet,” said National Consumer Law Center Senior Attorney Margot Saunders. “Today’s order only grants phone companies permission to block robocalls; it does not require them to do so -- and proponents and opponents of the proposal have raised understandable concerns about the accuracy of phone companies’ analysis regarding which calls will be blocked.” Carr also said this isn't a silver bullet.

“There is still much more work to be done -- including getting phone companies to implement anti-robocall technology, and ensuring that this service is provided to consumers free of charge,” Consumer Reports said: “The FCC also needs to issue strong rules clarifying the [TCPA’s] coverage, to stop robocallers from attempting to evade it.”

Verizon is implementing Shaken/Stir. “We’re also in the process of making our Call Filter service even better,” Verizon said: “As we continue to evolve the service, we intend to take advantage of the new flexibility the FCC is giving us.” The item “will enable broader adoption of call blocking tools to avoid unwanted robocalls and lays the groundwork for providers to block more robocalls to protect their customers and networks,” AT&T said.

The agency said the declaratory order will take effect as soon as it's released on the FCC’s website.

Meeting Notebook

Rosenworcel slammed her Republican colleagues for voicing support for T-Mobile/Sprint before Pai circulates an item (see 1905200051). DOJ hasn't acted but raised questions (see 1905210038). T-Mobile/Sprint’s offer to make additional concessions to win approval got an “amen chorus” from Republicans before they saw the details, Rosenworcel said. “In my time at the agency, I have never seen a transaction dealt with like this,” she said. “My colleagues have all publicly voted on this transaction, but we have absolutely no paper, analysis or material before us.” The way the FCC has acted “taps into the worst images of backroom dealing in Washington,” she said: "I don’t think that it’s appropriate.” Rosenworcel clarified that her reference to “voting” meant the other members had expressed a public position on the deal. Rosenworcel and Starks also told reporters they continue to have concerns about Chinese equipment in U.S. 5G networks. It’s important “we make sure this national security issue is handled as expeditiously as possible” Starks said. Rosenworcel said the work on Huawei and network security shouldn’t be “undermined” by trade negotiations with China. O’Rielly said on T-Mobile/Sprint he never expresses a view of pending transactions but made an exception: “In this case, I felt that was necessary” to address questions and a story being written “articulating my views, which were premature.” O’Reilly said he still wants to see the order before making a final decision: “I do my due diligence.” Pai said he will circulate an order on T-Mobile/Sprint “in the coming weeks.”

Pai said he's working with the FCC general counsel’s office to examine how the Trump administration’s executive order on use of technologies by foreign companies in U.S. communications networks (see 1905150066) affects the agency’s national security NPRM (see 1804170038). “That review is ongoing,” he said. The chairman said he generally supports a move by Congress to help smaller carriers pay to remove Huawei and other “problematic” equipment from their networks: “Congress would be one the one to make a decision about funding.”

Pai said during a news conference the FCC is still exploring what to do next on Ligado. “We’re looking at the remainder of the company’s request and working with other stakeholders to determine the appropriate way forward,” he said. “I believe everyone is due an answer as quickly as possible,” O’Rielly said. “I don’t blame the chairman. These are some very complex issues that involve not just the FCC, but other federal agencies.” Carr is seen as potential supporter of moving forward on Ligado (see 1906050062), which bills itself as offering one of the best possibilities for making mid-band available for 5G quickly. "I haven’t met, personally, with Ligado in a long time at this point,” Carr said. “I don’t have insights into where the … chairman is or is not in that proceeding,” he said. “We’re working on a lot of different fronts to push more mid-band spectrum out there.” Is there a possibility for a mid-band play? O’Rielly asked: “Yes, it’s a possibility. We’ll just have to see if the other pieces can fall into line.” Ligado and its predecessor “have been caught in regulatory limbo for a long time,” Brent Skorup of the Mercatus Center told us. “Repurposing spectrum for flexible use, especially mid-band spectrum like Ligado’s, is a federal priority given consumer and enterprise demand for new wireless services. Hopefully the FCC can quickly evaluate the interference concerns and move the proceeding forward. Unfortunately, sharing spectrum with a federal agency is always fraught. Not only are agencies noncommercial entities with often longer time horizons than carriers, Congress doesn’t allow agencies to negotiate compensation over interference concerns and mitigation, which is fairly common the commercial side.” Ligado defended its network plan in a filing posted Thursday in docket 19-116.

Commissioners voted 5-0 Thursday to approve an NPRM proposing changes to Part 87 aviation radio service rules to “support the deployment of more advanced avionics technology, increase efficient use of aeronautical spectrum, and improve aviation safety.” The notice proposes technical and service rules for the aeronautical mobile airport communications system (AeroMACS), which enable broadband communications capability for airport surface operations. It’s important to update rules to reflect “current technological and marketplace realities,” Pai said. "That’s certainly true when comes to rules impacting aviation safety.” Carr said other commissioners agreed to his request that the NPRM tee up questions on how the agency can facilitate automatic dependent surveillance-broadcast. ADS-B, he noted, “transmits each aircraft’s position, altitude, speed, and other information automatically so that traffic controllers and other aircraft can safely coordinate flight paths.” Since all aircraft must comply with ADS-B by January, “time is of the essence,” Carr said. Most “have been caught up in flight delays caused by various glitches, such as lagging flight route information or even brushes between planes and ground vehicles, so I am supportive of harnessing wireless solutions to reduce such incidents, not to mention more serious accidents,” O’Rielly said. “AeroMACS communications will make air travel safer and faster,” said WiMAX Forum President Declan Byrne.