ROBOCALL ENFORCEMENT NOTICE TO ALL U.S.-BASED VOICE SERVICE PROVIDER
|
October 18, 2024 FCC Enforcement Bureau Notifies All U.S.-Based Providers of Rules Permitting Them to Block Robocalls Transmitting from Identidad Advertising Development LLC. File No. at EB-TCD-24-00037229 By the Chief, Enforcement Bureau: The Enforcement Bureau (Bureau) of the Federal Communications Commission (FCC or Commission) issues this Public Notice to notify all U.S.-based voice service providers about substantial amounts of apparently unlawful robocalls transmitted by Identidad Advertising Development LLC (Identidad). Pursuant to section 64.1200(k)(4) of the Commission’s rules, we hereby notify all U.S.-based voice service providers that if Identidad fails to mitigate the identified traffic described in the cease-and-desist letter (CDL) listed below, U.S.-based voice service providers may block voice calls or cease to accept traffic from Identidad, without liability under the Communications Act of 1934, as amended, or the Commission’s rules. Contemporaneous with this Public Notice, the Bureau is issuing a CDL to the following voice service provider: · Identidad US Telecom’s Industry Traceback Group (ITG) identified Identidad as a gateway provider for substantial volumes of apparently unlawful robocalls, including calls that impersonate financial institutions. Pursuant to the CDL, Identidad must: (1) promptly investigate the traffic identified in the CDL; (2) block the identified traffic and substantially similar traffic on an ongoing basis (unless it determines that the identified traffic is legal and provides a reasonable explanation to support that conclusion); and (3) report the results of the investigation to the Bureau within 14 days of the date of the CDL.[5] If Identidad fails to comply with those requirements, the Bureau may ultimately issue a Final Determination Order, which would require downstream voice service providers to block and cease accepting all traffic from Identidad. The CDL also serves as notice that downstream U.S.-based voice service providers may begin blocking all calls from Identidad after notifying the Commission of their decision, and providing a brief summary of their basis for making such a determination, if either (a) after 48 hours Identidad fails to effectively mitigate illegal traffic, or (b) to the extent that Identidad originates traffic, after 14 days Identidad fails to implement effective measures to prevent new and renewing customers from using its network to originate illegal calls. U.S.-based voice service providers may block ALL call traffic transmitting from Identidad’s network if it fails to act within either deadline.
Potential Further Enforcement Action. The Bureau will issue an Initial Determination Order in the event that either: (a) Identidad fails to respond to the CDL; (b) the Bureau determines that the response is insufficient or that the traffic is illegal despite the provider’s assertions; or (c) the Bureau determines that Identidad is continuing to allow substantially similar traffic onto the U.S. network. Identidad will have at least 14 days to respond to the Initial Determination Order. If Identidad fails to provide an adequate and timely response to the Initial Determination Order, or Identidad continues to allow substantially similar traffic onto the U.S. network, then the Bureau will publish a Final Determination Order in EB Docket No. 22-174.[20] In the event that the Bureau issues a Final Determination Order in this matter, pursuant to section 64.1200(n)(3) of the Commission’s rules, all immediately downstream U.S.-based voice service providers shall be required to block Identidad’s traffic. For the full Public Notice, please follow the link below https://www.fcc.gov/proceedings-actions
|