New Robocall Mitigation Database Filing Requirements

The FCC has adopted an order making certain substantive changes to the Robocall Mitigation Database (RMD) filing requirements. The order can be found here: FCC-24-135A1.pdf. The CCA, in conjunction with INCOMPAS, was heavily involved in the development of these rules and a number of more onerous proposals that CCA and others opposed were not adopted.

Updated CORES information. All providers must obtain an FCC registration number (FRN) through the FCC’s CORES database. Providers must submit basic information regarding the company, such as the company’s name, address, and contact information. This information is then automatically populated into the Robocall Mitigation Database. The new rules require that any change in the CORES information must be submitted within 10 business days of the change.

Updating all information. Separate from the requirement to update CORES information within 10 days, filers “have an explicit continuing obligation to update information within 10 business days of any change” of information submitted in the database.

Fines. The FCC establishes two fines: a base forfeiture of $10,000 for submitting false or inaccurate information into the RMD and a base forfeiture of $1000 for not updating information in the CORES database within 10 business days. A base forfeiture is the starting point for setting a fine and the amount can be increased or decreased based on the circumstances.

The FCC can also assess the $10,000 base amount or the $1000 base amount for each day that the false or inaccurate information or outdated information is not fixed, up to a statutory maximum amount. The current statutory maximum penalty for common carriers for continuing violations is approximately $2.4 million and $183,718 for non-common carrier providers.

Reporting Deficient Filings. The FCC will establish an on-line portal for providers or any other person to report deficient RMD filings. The timing for the establishment of the portal is unclear at this point. The FCC will issue a public notice announcing its availability.

Guidance and Education. CCA encouraged the FCC to provide more guidance on what is required in RMD filings, particularly in the development of robocall mitigation plans. To assist filers with their robocall mitigation compliance obligations, the order directs the

Wireline Competition Bureau to issue additional guidance, educational materials, and “best practices” for filing in the Robocall Mitigation Database. One issue particularly mentioned was helping companies determine if they are foreign service providers as defined by the FCC.

Annual Recertification. The order requires filers to certify annually to the accuracy of the company’s information in the RMD. The annual certification will be due on or before March 1^st of each year.

Filing Fees. The FCC establishes a $100 fee for the initial filing in the RMD and $100 for the annual recertification. The FCC recognized the concerns raised by CCA that a filing fee for each time a company updates the information in the RMD would be excessive and notes that only initial filings and annual recertifications will be assessed the fee. The FCC will provide further guidance on how to pay the fee. The FCC will also apply the so-called red light rule under which the FCC will not process submissions if the filer has failed to submit a required fee.

Two-Factor Authentication. In order to improve security, the FCC will develop a two-factor (or more) authentication process when accessing the RMD.

Effect on Foreign Providers. Foreign providers that send traffic with US numbers in the caller ID directly to US gateways must file in the RMD to avoid having their calls blocked. Although CCA raised the issue of applying proposals, such as fines, on foreign providers, the order is silent on the issue.

Effective Dates. The provisions in the order generally will go into effect 30 days after the order is published in the Federal Register. At that point the forfeitures, for example, will become effective. However, the requirement to update CORES within 10 days and to annually recertify RMD information will not take effect until approved by the Office of Management and Budget, the timing of which is unclear. The $100 filing fee also requires certain procedural and technical steps. The FCC will issue public notices announcing the effective dates of these obligations.

Please contact the CCA regulatory committee or Michael Pryor, mpryor@bhfs.com, if you have any questions.