FCC Robocall Rulemaking Sets New Deadlines for KYC, KYUP, Numbering, and Foreign Call Centers

Four major robocall proceedings, one blockbuster summer. 

The FCC's Know Your Customer (KYC) FNPRM was published May 26, with comments due June 25, and reply comments due July 27. The FCC granted a one-week extension for comments in the Foreign Call Center NPRM proceeding, so those are now due on Tuesday June 2.

For companies that originate calls, onboard customers for communications services, or rely on offshore call centers (or rely on vendors that may use foreign call centers), these comment periods are an opportunity to engage on rules that will reshape onboarding obligations, numbering access, and vendor vetting processes.

Current state of play 

• Foreign Call Center NPRM: comments no longer due today - now due June 2, replies due June 29.

• Numbering NPRM: comments due June 8, replies due July 7.

• KYC FNPRM: comments due June 25, replies due July 27.

• KYUP FNPRM: adopted May 20, Federal Register publication varies but typically 8 to 12 weeks out. Late July/early August for comments reply comments likely due in September.

On the KYUP FNPRM

The "Know Your Upstream Provider" (KYUP) proceeding will firm up obligations for carrier relationship onboarding processes. Upstream providers should expect enhanced due diligence at time of onboarding, as well as ongoing traffic monitoring.

What the FCC is signaling

The FCC is signaling similar expectations for the relationship between carriers in the call path as it is for end users getting onto the network: a "reasonable" due diligence effort, run once, will no longer be enough. The FCC wants to see enhanced, documented vetting alongside consistent, intelligence-driven monitoring of behavior. Although historically driven by industry self regulation, carriers may benefit from some clear guidance from the FCC about what baseline reasonable practices look like, and a potential safe harbor from liability if those practices are adopted.

Why industry groups are paying attention

The extension of the Foreign Call Center comment periods suggests a lot of substantive interest in the proposed changes and the potential impact of the rules (such as all call originators subject to the TCPA). Groups like the U.S. Chamber and the National Retail Federation, who rarely participate in FCC rulemakings, are paying attention.

Looking ahead

It will be a busy summer for those at the FCC and in industry focused on robocall issues, and next year may look dramatically different for operators.

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