The Federal Communications Commission (the “FCC”) has adopted new rules (set forth in its Second Report and Order) to establish a single, nationwide database with information provided by phone companies that will allow callers to determine whether a number has been permanently disconnected and is therefore eligible for reassignment. The FCC also voted to provide a safe harbor from liability for any calls to reassigned numbers caused by database error. The database will be administered by a private company to be determined through a competitive bidding process. The FCC also voted to provide a safe harbor from liability for any calls to reassigned numbers caused by database error. The database will be administered by a private company to be determined through a competitive bidding process.
The reassigned-number database will provide callers with more certainty in ensuring that their records correctly reflect the current subscriber to a particular number. Similar to the databases used to determine if phone numbers have been assigned to cellular subscribers, the new database should greatly ease compliance with the Telephone Consumer Protection Act.