New Emergency Alert Code

The FCC adopted a new alert code for the nation’s Emergency Alert System and Wireless Emergency Alert system. The new code is designed to help save missing and endangered persons by delivering alert messages over television, radio, and wireless phones. The new alert, which is abbreviated as “MEP,” applies to missing and endangered people who do not qualify for AMBER Alerts, which are used for child abduction emergencies.

Robocall Mitigation Database NPRM

The FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking to improve the Robocall Mitigation Database (“RMD”) by increasing accountability and accuracy among filers. The Commission requires voice service providers to certify in the RMD that they have implemented caller ID authentication under the STIR/SHAKEN standards and to submit detailed plans to mitigate illegal robocall traffic. The NPRM seeks comment on requiring providers to update their Commission Registration System profile within 10 business days of any changes and using two-factor authentication to access the system. The FCC is also considering filing fees for submissions made in the RMD, as well as implementing a base forfeiture for the submission of false or inaccurate information and authorizing downstream providers to block traffic by RMD filers whose robocall mitigation plans are deficient. 

AI-Generated Robocall NPRM

The FCC announced a Notice of Proposed Rulemaking (“NPRM”) seeking to protect consumers from Artificial Intelligence (“AI”)-generated robocalls and robotexts. The Commission seeks comment on defining AI-generated calls and requiring callers to disclose their use of AI-generated calls and text messages. The Commission is also considering the use of support technologies that can alert and protect consumers from illegal and unwanted AI robocalls, while maintaining protections for positive AI use cases that can assist people with disabilities utilize the phone networks. 

USF Contribution Factor Comments

A number of commenters, including Consumers’ Research, submitted a filing in CC Docket No. 96-45 requesting that the FCC set its proposed Fourth Quarter 2024 Contribution Factor for the Universal Service Fund (“USF”) at 0.000. The commenters maintain that the USF is an unconstitutional tax on consumers and that the FCC has impermissibly delegated its authority to a private entity, the Universal Service Administrative Company (“USAC”). The arguments reflect a recent decision by the Fifth Circuit finding the USF funding mechanism unconstitutional. 

Thomas B. Magee, Tracy P. Marshall, Sean A. Stokes, and Wesley K. Wright contributed to this article