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FCC RIN: 3060-AL00 Publication ID: Fall 2022 
Title: Call Authentication Trust Anchor 
Abstract:

On June 6, 2019, the Commission adopted a Declaratory Ruling and Third Further Notice of Proposed Rulemaking (CG Docket No. 17-59, WC Docket No. 17-97) that proposed and sought comment on mandating implementation of STIR/SHAKEN in the event that major voice service providers did not voluntarily implement the framework by the end of 2019.

On December 30, 2019, Congress enacted the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act.  Along with numerous other provisions directed at addressing robocalls, the TRACED Act directs the Commission to require all voice service providers to implement STIR/SHAKEN in the Internet Protocol (IP) portions of their networks, and to implement an effective caller ID authentication framework in the non-IP portions of their networks.  The TRACED Act further creates processes by which voice service providers may be exempt from this mandate if the Commission determines they have achieved certain implementation benchmarks, and by which voice service providers may be granted a delay in compliance based on a finding of undue hardship because of burdens or barriers to implementation or based on a delay in development of a caller ID authentication protocol for calls delivered over non-IP networks.

On March 31, 2020, the Commission adopted a Report and Order and Further Notice of Proposed Rulemaking (WC Docket Nos. 17-97, 20-67).  The Report and Order mandated that all originating and terminating voice service providers implement the STIR/SHAKEN caller ID authentication framework in the IP portions of their networks by June 30, 2021.  In the Further Notice the Commission sought comment on proposals to further promote caller ID authentication and implement the TRACED Act.

On September 29, 2020, the Commission adopted a Second Report and Order (WC Docket No. 17-97).  The Second Report and Order implemented rules (1) granting extensions for compliance with the STIR/SHAKEN implementation mandate for small voice service providers, voice service providers that cannot obtain a SPC token from the Governance Authority, services scheduled for section 214 discontinuance, for those portions of a voice service provider’s network that rely on non-IP technology, and establishing a process for individual voice service providers to seek provider specific extensions;(2) requiring voice service providers using non-IP technology either to upgrade their networks to IP to enable STIR/SHAKEN implementation, or work to develop non-IP caller ID authentication technology and implement a robocall mitigation program in the interim; (3) establishing a process where by a voice service provider may be exempt from the STIR/SHAKEN implementation mandate if the provider has achieved certain implementation benchmarks; (4) prohibiting voice service providers from imposing line item charges on consumer and small business subscribers for caller ID authentication; and (5) requiring intermediate providers to implement STIR/SHAKEN. On May 20, 2021, the Commissioned released a Third Further Notice of Proposed Rulemaking proposing to shorten the small provider extension from two years to one for a subset of small voice service providers that are at a heightened risk of originating an especially large amount of robocall traffic.

On January 13, 2021, the Commission adopted a Second Further Notice of Proposed Rulemaking proposing and seeking comment on a limited role for the Commission to oversee certificate revocation decisions by the private STIR/SHAKEN Governance Authority that would have the effect of placing providers in noncompliance with the Commission’s rules. On August 5, 2021, the Commission adopted a Third Report and Order which adopted rules creating this oversight role.

On September 30, 2021, the Commission adopted a Fourth Further Notice of Proposed Rulemaking proposing to require gateway providers to apply STIR/SHAKEN caller ID authentication to, and perform robocall mitigation on, foreign-originated calls with U.S. numbers, seeking comment on revisions to the information that filers must submit to the Robocall Mitigation Database, and clarifying the obligations of voice service providers and intermediate providers with respect to calls to and from Public Safety Answer Points and other emergency services providers.

On December 9, 2021, the Commission adopted a Fourth Report and Order adopting rules requiring non-facilities based small voice providers implement SITR/SHAKEN by June 30, 2022, and requiring small voice providers of any kind suspected of originating illegal robocalls to implement STIR/SHAKEN on an accelerated timeline.

On May 19, 2022, the Commission adopted a Fifth Report and Order, Order on Reconsideration, Order, and Fifth Further Notice of Proposed Rulemaking. The Fifth Report and Order and Order required gateway providers to submit a certification to the Robocall Mitigation Database, implement STIR/SHAKEN caller ID authentication as well as several other requirements, including an obligation to mitigate illegal robocall traffic and submit a mitigation plan to the Robocall Mitigation Database regardless of their STIR/SHAKEN implementation status. The Order on Reconsideration expanded the obligation of domestic providers to block calls carrying US NANP numbers from foreign providers not listed in the Robocall Mitigation Database.  The Fifth Further Notice of Proposed Rulemaking sought comment on further steps to combat illegal robocalls, including extending requirements for authentication and filing in the Robocall Mitigation Database, requiring additional measures for robocall mitigation, enhancing enforcement mechanisms and other related issues aimed at closing existing potential loopholes.

 
Agency: Federal Communications Commission(FCC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 47 CFR 64.6300    47 CFR 64.6301    47 CFR 64.6302    47 CFR 64.6303    47 CFR 64.6304    47 CFR 64.6305    47 CFR 64.6306    47 CFR 64.6307    47 CFR 64.6308   
Legal Authority: 47 U.S.C. 201    47 U.S.C. 251    47 U.S.C. 227    47 U.S.C. 227b    47 U.S.C. 503   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NOI  07/14/2017 
DR and 3rd FNPRM  06/06/2019  84 FR 29478   
NPRM  06/24/2019  84 FR 29478   
NPRM Comment Period End  08/23/2019 
3rd FNPRM Comment Period End  08/23/2019 
R&O and FNPRM  03/31/2020  85 FR 22029   
FNPRM Comment Period End  05/29/2020 
2nd R&O  09/29/2020  85 FR 73360   
2nd FNPRM  01/13/2021  86 FR 9894   
2nd FNPRM Comment Period  03/19/2021 
3rd FNPRM  05/20/2021  86 FR 30571   
3rd R&O  08/05/2021  86 FR 48511   
3rd FNPRM Comment Period End  08/19/2021 
4th FNPRM   10/01/2021  86 FR 59084   
4th FNPRM Comment Period End  11/26/2021 
4th R&O  12/09/2021 
5th R&O, Order on Reconsideration  05/19/2022  87 FR 42916   
5th FNPRM  05/19/2022  87 FR 42670   
5th FNPRM Comment Period End  05/19/2022 
Next Action Undetermined  To Be Determined 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Organizations 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Jonathan Lechter
Attorney Advisor
Federal Communications Commission
Wireline Competition Bureau, 45 L Street NE,
Washington, DC 20554
Phone:202 418-0984
Email: jonathan.lechter@fcc.gov