Federal Communications Commission Initiates Proceeding to Remove Over 2,000 Providers from Robocall Mitigation Database

On December 10, the FCC’s Enforcement Bureau (Bureau) released an Order directing over 2,000 telecommunications service providers to cure deficiencies in each of their Robocall Mitigation Database (RMD) certifications and robocall mitigation plans. Among the list were providers representing each step in a call path – originating, intermediate, gateway, and terminating providers. The Bureau found two primary types of deficiencies (i) a provider failed to submit a robocall mitigation plan, or the plan had not been updated to include newly required information; or (ii) the provider’s certification was missing required information. The Order directs each provider listed to submit a response to the Bureau by December 31, 2024 either curing the deficiency or explaining why they should not be removed from the RMD. Providers that fail to respond will face removal of their certification from the RMD. Removal of a provider’s certification from the RMD requires all voice service and intermediate providers to cease accepting traffic from the removed provider.

This is the largest such action taken by the Commission, reinforcing the FCC’s commitment to the RMD as a tool in combating robocalls. In announcing the action, Chairwoman Rosenworcel said “[p]roviders must be active partners in the fight against unwanted and illegal robocalls. If they are not, they should not be allowed to participate in our phone networks. Full stop.”

Chairwoman Rosenworcel Puts New RMD Rules to a Vote

As we reported in July, the FCC was considering changes to the procedural rules governing its RMD filing requirements designed to promote increased diligence and accountability among filers.

On December 10, Chairwoman Rosenworcel announced that she had circulated a draft Report and Order to the other FCC Commissioners that would adopt these proposals. The Chairwoman announced that, if adopted, the Report and Order would require providers to submit timely updates to the information required by their RMD certifications and permit the FCC to impose fines of $10,000 for submitting false or inaccurate information and $1,000 for failure to timely update their certification information. In addition, the new rules would direct the Wireline Competition Bureau to establish a dedicated reporting mechanism for stakeholders to report deficient filings to the FCC.