FCC Approves New Robocall Mitigation Database Filing Requirements & Procedures
January 8, 2025 – The Federal Communications Commission (FCC) has approved a Report And Order containing new Robocall Mitigation Database filing requirements and procedures.[1]
The Robocall Mitigation Database was established by the FCC in 2021. All voice service providers and intermediate providers – entities that neither originate nor terminate voice traffic – must file a certification in the Robocall Mitigation Database which shows their level of STIR/SHAKEN implementation, describes their robocall mitigation plans, and provides additional identifying information that the FCC can use to monitor compliance with anti-robocall rules. The FCC began considering the new rules in an August 2024 Notice of Proposed Rulemaking (NPRM).
Report And Order: New Robocall Mitigation Database Filing Requirements And Procedures
The new rules and procedures adopted by the FCC in the Report And Order are intended “to further tighten filing requirements for the Robocall Mitigation Database to better ensure widespread compliance and heightened awareness of provider responsibilities to protect consumers.” Below is a general summary of the new rules and procedures.
Requiring Filers to Timely Update Information in CORES – To ensure that the Robocall Mitigation Database (RMD) reflects up-to-date information, all entities and individuals that register in CORES in order to submit filings to the RMD or that register for any other purpose must update any information submitted to CORES within 10 business days of any change to that information. The RMD automatically populates a filer’s contact information (i.e., the entity’s name and business address) using CORES. The FCC’s rules require information submitted by CORES registrants “be kept current,” but there is no deadline for submitting updates after a change in information occurs. The Report And Order inserts a 10-business day deadline for all CORES registrants to submit updates after a change in information occurs.[2]
Forfeitures for Submitting Inaccurate or False Certification Data & Failure To Timely Update Information – The Report And Order establishes a base forfeiture of $10,000 for each violation for filers that submit false or inaccurate information to the RMD. The Report And Order establishes a base forfeiture of $1,000 for failure to update information that has changed in the RMD within 10 business days. These violations will be considered to continue until they are cured. Accordingly, forfeitures shall be assessed on a daily basis up to the statutory maximum for continuing violations.[3]
Mechanism For Stakeholders To Report Deficient RMD Filings To The FCC – In order to enhance the integrity of the Robocall Mitigation Database and better combat bad actors, the Report And Order directs the Wireline Competition Bureau to establish a dedicated reporting mechanism for deficient RMD filings. The reporting mechanism will allow stakeholders to notify the FCC if they identify deficient RMD filings. This is intended to be a public reporting resource available to state and local regulators and attorneys general, consumers, public interest groups, providers, and others which will allow them to easily notify the FCC that it may need to re-check certain filings and take action to require prompt corrections from providers. The FCC has delegated authority to the Wireline Competition Bureau, in consultation with the Office of the Managing Director (OMD) and the Enforcement Bureau, to determine the appropriate mechanism for the FCC to receive reports of deficient filings, to craft the form and format of any such submissions, to educate outside parties on how to file reports and to announce the availability of the reporting portal, and to ensure that reports are quickly and effectively referred to the Enforcement Bureau.[4]
Issuing RMD Substantive Guidance and Filer Education – To assist filers with their robocall mitigation compliance obligations, the Report And Order directs the Wireline Competition Bureau to issue additional guidance, educational materials, and “best practices” for filing in the RMD. The FCC has delegated authority to the Wireline Competition Bureau to determine what form such guidance should take and how it should be promulgated, consistent with the Report and Order.[5]
Requiring A $100 Filing Fee For RMD Filings – In the Report And Order, the FCC concludes that RMD filings are “applications” within the meaning of Section 8 of the Communications Act, and therefore adopts an application fee for initial submissions, and annually thereafter. The FCC has set a $100 application processing fee for initial RMD submissions and for annual RMD certifications. Providers must recertify annually in the RMD, at the time they submit their annual filing fee.[6]
Measures to Improve the Security of the RMD – To better secure the RMD, the Report And Order directs the Wireline Competition Bureau and OMD to develop a two-factor (or more) authentication solution for accessing the RMD.[7]
Other Requirements Proposed But Not Adopted – In the August 2024 NPRM, the FCC proposed additional new requirements and procedures to strengthen the RMD, but declined to adopt them in the Report And Order. These proposals include requiring filers to obtain a pin to file in the robocall mitigation database; adopting specific software or other technical solutions that would validate the data entered into an RMD filing against an external source and flag discrepancies for FCC staff to review; authorizing permissive blocking for facially deficient filings; limiting the scope of confidentiality requests; heightened scrutiny of certain RMD filings; adopting additional enhancements to the database and submission form; and adopting recommendations made in the record seeking to facilitate the IP transition.[8]
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[1] Improving the Effectiveness of the Robocall Mitigation Database, WC Docket No. 24-213, Amendment of Part 1 of the Commission’s Rules, Concerning Practice and Procedure, Amendment of CORES Registration System, MD Docket No. 10-234, Report And Order, FCC 24-135 (Jan. 8, 2025), https://docs.fcc.gov/public/attachments/FCC-24-135A1.pdf.
[2] Report And Order at ¶ 13.
[3] Report And Order at ¶¶ 14-23.
[4] Report And Order at ¶¶ 24-26.
[5] Report And Order at ¶¶ 27-31.
[6] Report And Order at ¶¶ 32-38.
[7] Report And Order at ¶ 39.
[8] Report And Order at ¶¶ 39-50.
