FCC Disagrees With Wireless Industry and Will Mandate Text Blocking

Under a draft FCC order tackling robocalls and robotexts, related issues will need addressing before consumers will trust telecom networks again. The FCC released the draft Thursday, along with an order on using 17 GHz spectrum for satellite broadband and an order and a Further NPRM on accessibility in videoconferencing. Commissioners are set to consider the items at their Sept. 26 open meeting.

Also on tap is an order allowing increased power for digital FM stations, along with seven enforcement items. The agency doesn’t provide information about enforcement items on an agenda until commissioners have voted on them.

“As unwanted and illegal calls have proliferated, many consumers have come to dread the moment their phone rings,” the robocall draft said: “The same can now be said of texts, as they have become more frequent vehicles for scams. Consumers report they do not trust the phone network they once relied on and businesses wonder how they can reliably communicate with their customers and prospective customers.” Many of the provisions were laid out Wednesday in a news release (see 2409040053).

The draft proposes allowing “all providers in the call path to block calls that are highly likely to be illegal based on a reasonable DNO [do not originate] list.” The FCC notes that in 2022 it imposed this requirement on gateway providers: “Requiring more providers to block based on a DNO list will ensure that more consumers are protected from illegal calls.”

The draft also proposes text-blocking rules.

The FCC is “unpersuaded by [industry] commenters that argue text messaging is so different” from voice calls “as to make this requirement inappropriate,” the draft says: “We disagree that the Commission should ignore the role of originating providers in allowing illegal texts onto the network simply because senders bear greater responsibility for the individual texts.”

The agency would require “originating providers to block texts from a particular source following Commission notification of suspected illegal texts from that source” and that providers offering email-to-text make them available only on an opt-in basis. “We take these steps aware of the voluntary action providers have already taken to stop illegal text messages and believe these new safeguards will complement that work,” the draft says.

It proposes using session initiation protocol code 603+ to notify consumers of blocked calls when blocking is based on analytics. “To date, the Commission has allowed, but not mandated, analytics-based blocking, which may, in some cases, include the blocking of unwanted calls, which are not necessarily illegal,” the draft says. The FCC wouldn't require that terminating providers offer analytics-based blocking to customers, but believes it will “revisit this issue in the future.”

The FCC proposes a base forfeiture of $11,000 for voice service providers that fail to meet the order's requirements on a per-customer basis. The Enforcement Bureau would have the discretion to level higher fines. “By clearly defining the potential forfeiture, we ensure that providers have notice as to the significant consequences of failure to comply with our rules.”

The FCC will also vote on a draft order that would authorize nongeostationary orbit (NGSO) fixed-satellite service (FSS) space-to-earth downlink systems in the 17.3-17.8 GHz band and provide 1300 MHz of spectrum for advanced satellite services, including high-speed broadband. The draft order also includes safeguards for incumbent operations in the band and extends ITU limitations to the whole 17.3-17.8 GHz band to protect direct broadcast satellite space stations and terrestrial fixed services. The draft order would “further align the U.S. Table of Allocations with international allocations to provide a more cohesive global framework for FSS operators in the 17 GHz band and support U.S. leadership and competition in the growing space economy,” a fact sheet says.

The draft order proposes allowing FSS earth stations to receive FSS emissions from NGSO systems, permit applications for individual and blanket-licensed NGSO FSS earth stations in the 17 GHz band, and authorize earth stations in motion (ESIMs) to operate in and receive FSS emissions from NGSO systems in the band on an unprotected basis. “With the appropriate technical safeguards established herein, we find that NGSO FSS can share the 17 GHz band in an efficient and effective manner with GSO FSS, broadcasting-satellite service (BSS), and incumbent terrestrial fixed service without causing harmful interference.”

Another draft order proposes steps to improve access to videoconferencing services (IVCS) for people with disabilities. The item would amend the commission's accessibility performance objectives to ensure that IVCS provides accurate captioning and enables access to third-party captioning, third-party sign language interpretation, and the ability to adjust the display or other features for captions. The draft proposes facilitating integrated provision of video relay service with videoconferencing by defining steps telecom relay service (TRS) providers must take to ensure they're compensated for providing VRS in videoconferencing.

The draft would allow VRS users and communications assistants to switch off video cameras during videoconferences and prohibit exclusivity agreements between IVCS and TRS providers. A related Further NPRM would seek comment on whether to adopt additional performance objectives and how the TRS Fund should support "team interpreting" in video conferences.

Commissioners will also consider a draft item that improves signals of digital FM stations by allowing them to “adopt asymmetric sideband operation” without requesting experimental permission from the FCC. “With asymmetric sidebands, the FM station uses different power levels on each sideband,” an FCC fact sheet says. “This technique provides the station with additional flexibility to protect adjacent channel stations from interference and to maximize digital signal coverage.” Instead of requesting experimental authorization, the draft proposes allowing broadcasters to report the shift to asymmetric sideband operation using a Schedule-335FM form. Allowing the use of “a simple notification removes a regulatory barrier, compared to the current procedure of applying for an experimental license to operate asymmetrically, and having to file for annual renewals,” the draft order says.