FCC Gateway Order, FNPRM Get Industry Backing; Some Changes Sought

A draft FCC order that would impose certain requirements on gateway providers would help efforts to curb illegal robocalls originating abroad and is likely to be unanimously adopted during commissioners' Thursday meeting, industry executives told us (see 2204280059). Some providers sought clarifying language in the draft, saying it would streamline efforts and further disrupt bad actors. Several said a requirement for a Stir/Shaken C-level attestation would be too costly.

The FCC earlier adopted a Further NPRM seeking comment on tighter rules for gateway providers to stop illegal foreign-originated robocalls (see 2109240060). If adopted, the item would require gateway providers to submit certification of their robocall mitigation plan in the robocall mitigation database and implement Stir/Shaken. The FCC would also seek comment in an FNPRM on additional ways to combat illegal robocalls.

“I’m very optimistic” the draft order and FNPRM in concert with the FCC industry traceback group’s efforts will be “impactful” in stopping illegal robocalls, said Josh Bercu, USTelecom vice president policy-advocacy and executive director of the industry traceback group.

Several providers met with commission aides and bureau staff on the item. AT&T told an aide to FCC Chairwoman Jessica Rosenworcel it has a "significant concern" with the draft order's requirement that international gateway providers authenticate unauthenticated traffic with a Stir/Shaken C-level attestation. It “will not provide a material benefit” and “implementation costs will exceed" $10 million, AT&T said, per an ex parte in docket 17-59.

“We have been a leader in the fight against unwanted robocalls, which much of the draft order will strengthen," emailed an AT&T spokesperson Monday: "We have significant concern with one burdensome provision that would provide little to no benefit to customers, but we strongly support other robocall mitigation requirements detailed in the draft.”

The C-level attestation "will increase mistrust in Stir/Shaken and increase cost to terminating providers without much benefit to the American consumer," said Transaction Network Services. "We don’t think it’s going to do much,” Bercu said: “I hope the FCC takes into account some of the implementation issues.”

Lumen backed opposition to mandating authenticating unauthenticated traffic with the attestation, saying it would be "exorbitantly costly" and have "little, if any, corresponding benefit," per a letter. Verizon said in separate meetings with aides to Rosenworcel and Commissioners Geoffrey Starks, Brendan Carr and Nathan Simington that mandating a C-level attestation "is not calibrated to benefit consumers and indeed would present a distraction that would divert resources away from projects that do hold consumer promise."

The Cloud Communications Alliance, iBasis and Incompas asked Wireline Bureau and Consumer and Governmental Affairs Bureau staff to consider a safe harbor of the draft order's requirement that providers block traffic "substantially similar" to the traffic the FCC may identify in a notification, they said. CCA is "concerned" about the requirement and supported a safe harbor like other providers received, the group's outside counsel Michael Pryor told us, adding CCA asked that deadlines for certification in the robocall mitigation database and the deadline for gateway providers to certify their status of Stir/Shaken implementation be harmonized. CTIA also backed a safe harbor.

Others sought minor clarifying language. NCTA said the FCC should consider deciding the industry traceback group's Do Not Originate (DNO) list is "presumptively reasonable" under the draft's requirement that gateway providers "block calls based on any reasonable DNO list." The group also asked that the 24-hour traceback requirement "properly account for tracebacks received on Fridays and non-work days." NCTA declined to comment.

There’s “no panacea” or “quick fix” to combating illegal robocalls, said CEO David Frankel of teleconferencing service ZipDX, but gateway providers are “an appropriate thing on which to put some focus.” Frankel suggested providers explain how the draft order’s rules are burdensome and seek an exception. Those needing an exception can “come out of the shadows and put forward exactly what their situation is,” he said.