Gateway Providers’ Traceback Compliance Rule Effective September 23, 2022

In a Report & Order released May 20, 2022, the FCC imposed a number of new rules on gateway providers, which it defines as “U.S.-based intermediate providers [those that have facilities located in the U.S., including a point-of-presence] that receive calls directly from a foreign originating provider or foreign intermediate provider at their U.S.-based facilities before transmitting the calls downstream to another U.S.-based provider.”

The FCC had originally planned to rapidly implement all the new gateway provider rules, but due to certain information collection issues that were not approved by the Office of Management and Budget (“OMB”), implementation of the new rules was delayed. One rule has recently been approved by OMB and will go into effect on September 23, 2022. This rule requires gateway providers to “[r]espond fully and in a timely matter to all traceback requests from the Commission, civil law enforcement, criminal law enforcement, and the industry traceback consortium.” 47 C.F.R. §  64.1200(n)(1). As a practical matter, this means that all gateway providers must respond to a traceback request within 24 hours of receiving same.

The Commission is currently working with OMB to ensure that the remaining gateway provider rules will go into effect soon.

If you have any questions, please contact the Comm Law Group:

Michael Donahue — Tel: 703-714-1319 / E-mail: mpd@CommLawGroup.com

Rob Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com

Ron Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com