47 U.S.C. § 227b — Call authentication

Page 81 TITLE 47—TELECOMMUNICATIONS § 227b ment note set out under section 609 of this title], the term ‘Commission’ means the Federal Communications Commission.’’ § 227a. Consumer education materials on how to avoid scams that rely upon misleading or in- accurate caller identification information (1) Development of materials Not later than 1 year after March 23, 2018, the Commission, in coordination with the Federal Trade Commission, shall develop consumer edu- cation materials that provide information about— (A) ways for consumers to identify scams and other fraudulent activity that rely upon the use of misleading or inaccurate caller identification information; and (B) existing technologies, if any, that a con- sumer can use to protect against such scams and other fraudulent activity. (2) Contents In developing the consumer education mate- rials under paragraph (1), the Commission shall— (A) identify existing technologies, if any, that can help consumers guard themselves against scams and other fraudulent activity that rely upon the use of misleading or inac- curate caller identification information, in- cluding— (i) descriptions of how a consumer can use the technologies to protect against such scams and other fraudulent activity; and (ii) details on how consumers can access and use the technologies; and (B) provide other information that may help consumers identify and avoid scams and other fraudulent activity that rely upon the use of misleading or inaccurate caller identification information. (3) Updates The Commission shall ensure that the con- sumer education materials required under para- graph (1) are updated on a regular basis. (4) Website The Commission shall include the consumer education materials developed under paragraph (1) on its website. (Pub. L. 115–141, div. P, title V, § 503(b), Mar. 23, 2018, 132 Stat. 1092.) Editorial Notes CODIFICATION Section was enacted as part of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018, also known as the RAY BAUM’S Act of 2018, and as part of the Consolidated Appropriations Act, 2018, and not as part of the Communications Act of 1934 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘Commission’’ as used in this sec- tion, see section 2 of div. P of Pub. L. 115–141, set out as a note under section 155a of this title. § 227b. Call authentication (a) Definitions In this section: (1) STIR/SHAKEN authentication framework The term ‘‘STIR/SHAKEN authentication framework’’ means the secure telephone iden- tity revisited and signature-based handling of asserted information using tokens standards proposed by the information and communica- tions technology industry. (2) Voice service The term ‘‘voice service’’— (A) means any service that is inter- connected with the public switched tele- phone network and that furnishes voice com- munications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Commission under section 251(e)(1) of this title; and (B) includes— (i) transmissions from a telephone fac- simile machine, computer, or other device to a telephone facsimile machine; and (ii) without limitation, any service that enables real-time, two-way voice commu- nications, including any service that re- quires internet protocol-compatible cus- tomer premises equipment (commonly known as ‘‘CPE’’) and permits out-bound calling, whether or not the service is one- way or two-way voice over internet pro- tocol. (b) Authentication frameworks (1) In general Subject to paragraphs (2) and (3), and in ac- cordance with paragraph (6), not later than 18 months after December 30, 2019, the Commis- sion shall— (A) require a provider of voice service to implement the STIR/SHAKEN authentica- tion framework in the internet protocol net- works of the provider of voice service; and (B) require a provider of voice service to take reasonable measures to implement an effective call authentication framework in the non-internet protocol networks of the provider of voice service. (2) Implementation The Commission shall not take the action described in paragraph (1) with respect to a provider of voice service if the Commission de- termines, not later than 12 months after De- cember 30, 2019, that such provider of voice service— (A) in internet protocol networks— (i) has adopted the STIR/SHAKEN au- thentication framework for calls on the internet protocol networks of the provider of voice service; (ii) has agreed voluntarily to participate with other providers of voice service in the STIR/SHAKEN authentication framework; (iii) has begun to implement the STIR/ SHAKEN authentication framework; and (iv) will be capable of fully imple- menting the STIR/SHAKEN authentica- tion framework not later than 18 months after December 30, 2019; and (B) in non-internet protocol networks— (i) has taken reasonable measures to im- plement an effective call authentication framework; and Page 82 TITLE 47—TELECOMMUNICATIONS § 227b (ii) will be capable of fully implementing an effective call authentication framework not later than 18 months after December 30, 2019. (3) Implementation report Not later than 12 months after December 30, 2019, the Commission shall submit to the Com- mittee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the determination required under paragraph (2), which shall include— (A) an analysis of the extent to which pro- viders of voice service have implemented the call authentication frameworks described in subparagraphs (A) and (B) of paragraph (1), including whether the availability of nec- essary equipment and equipment upgrades has impacted such implementation; and (B) an assessment of the efficacy of the call authentication frameworks described in subparagraphs (A) and (B) of paragraph (1) in addressing all aspects of call authentication. (4) Review and revision or replacement Not later than 3 years after December 30, 2019, and every 3 years thereafter, the Commis- sion, after public notice and an opportunity for comment, shall— (A) assess the efficacy of the technologies used for call authentication frameworks im- plemented under this section; (B) based on the assessment under sub- paragraph (A), revise or replace the call au- thentication frameworks under this section if the Commission determines it is in the public interest to do so; and (C) submit to the Committee on Energy and Commerce of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the assessment under subparagraph (A) and on any actions to revise or replace the call authentication frameworks under subparagraph (B). (5) Extension of implementation deadline (A) Burdens and barriers to implementation Not later than 12 months after December 30, 2019, and as appropriate thereafter, the Commission— (i) shall assess any burdens or barriers to the implementation required by paragraph (1), including— (I) for providers of voice service to the extent the networks of such providers use time-division multiplexing; (II) for small providers of voice service and those in rural areas; and (III) the inability to purchase or up- grade equipment to support the call au- thentication frameworks under this sec- tion, or lack of availability of such equipment; and (ii) in connection with an assessment under clause (i), may, upon a public find- ing of undue hardship, delay required com- pliance with the 18-month time period de- scribed in paragraph (1), for a reasonable period of time, for a provider or class of providers of voice service, or type of voice calls, as necessary for that provider or class of providers or type of calls to par- ticipate in the implementation in order to address the identified burdens and bar- riers. (B) Delay of compliance required for certain non-internet protocol networks Subject to subparagraphs (C) through (F), for any provider or class of providers of voice service, or type of voice calls, only to the extent that such a provider or class of providers of voice service, or type of voice calls, materially relies on a non-internet protocol network for the provision of such service or calls, the Commission shall grant a delay of required compliance under sub- paragraph (A)(ii) until a call authentication protocol has been developed for calls deliv- ered over non-internet protocol networks and is reasonably available. (C) Robocall mitigation program (i) Program required During the time of a delay of compliance granted under subparagraph (A)(ii), the Commission shall require, pursuant to the authority of the Commission, that any provider subject to such delay shall imple- ment an appropriate robocall mitigation program to prevent unlawful robocalls from originating on the network of the provider. (ii) Additional requirements If the consortium registered under sec- tion 13(d) identifies a provider of voice service that is subject to a delay of com- pliance granted under subparagraph (A)(ii) as repeatedly originating large-scale un- lawful robocall campaigns, the Commis- sion shall require such provider to take ac- tion to ensure that such provider does not continue to originate such calls. (iii) Minimization of burden The Commission shall make reasonable efforts to minimize the burden of any robocall mitigation required pursuant to clause (ii), which may include prescribing certain specific robocall mitigation prac- tices for providers of voice service that have repeatedly originated large-scale un- lawful robocall campaigns. (D) Full participation The Commission shall take reasonable measures to address any issues in an assess- ment under subparagraph (A)(i) and enable as promptly as reasonable full participation of all classes of providers of voice service and types of voice calls to receive the high- est level of trust. Such measures shall in- clude, without limitation, as appropriate, limiting or terminating a delay of compli- ance granted to a provider under subpara- graph (B) if the Commission determines in such assessment that the provider is not making reasonable efforts to develop the call authentication protocol described in such subparagraph. Page 83 TITLE 47—TELECOMMUNICATIONS § 227b–1 (E) Alternative methodologies The Commission shall identify, in con- sultation with small providers of voice serv- ice and those in rural areas, alternative ef- fective methodologies to protect customers from unauthenticated calls during any delay of compliance granted under subparagraph (A)(ii). (F) Revision of delay of compliance Not less frequently than annually after the first delay of compliance is granted under subparagraph (A)(ii), the Commission— (i) shall consider revising or extending any delay of compliance granted under subparagraph (A)(ii); (ii) may revise such delay of compliance; and (iii) shall issue a public notice with re- gard to whether such delay of compliance remains necessary, including— (I) why such delay of compliance re- mains necessary; and (II) when the Commission expects to achieve the goal of full participation as described in subparagraph (D). (6) No additional cost to consumers or small business customers The Commission shall prohibit providers of voice service from adding any additional line item charges to consumer or small business customer subscribers for the effective call au- thentication technology required under para- graph (1). (7) Accurate identification Not later than 12 months after December 30, 2019, the Commission shall issue best practices that providers of voice service may use as part of the implementation of effective call authen- tication frameworks under paragraph (1) to take steps to ensure the calling party is accu- rately identified. (c) Safe harbor and other regulations (1) In general Consistent with the regulations prescribed under subsection (j) of section 227 of this title, as added by section 10, the Commission shall, not later than 1 year after December 30, 2019, promulgate rules— (A) establishing when a provider of voice service may block a voice call based, in whole or in part, on information provided by the call authentication frameworks under subsection (b), with no additional line item charge; (B) establishing a safe harbor for a pro- vider of voice service from liability for unin- tended or inadvertent blocking of calls or for the unintended or inadvertent misidentification of the level of trust for in- dividual calls based, in whole or in part, on information provided by the call authentica- tion frameworks under subsection (b); (C) establishing a process to permit a call- ing party adversely affected by the informa- tion provided by the call authentication frameworks under subsection (b) to verify the authenticity of the calling party’s calls; and (D) ensuring that calls originating from a provider of voice service in an area where the provider is subject to a delay of compli- ance with the time period described in sub- section (b)(1) are not unreasonably blocked because the calls are not able to be authenti- cated. (2) Considerations In establishing the safe harbor under para- graph (1), consistent with the regulations pre- scribed under subsection (j) of section 227 of this title, as added by section 10, the Commis- sion shall consider limiting the liability of a provider of voice service based on the extent to which the provider of voice service— (A) blocks or identifies calls based, in whole or in part, on the information pro- vided by the call authentication frameworks under subsection (b); (B) implemented procedures based, in whole or in part, on the information pro- vided by the call authentication frameworks under subsection (b); and (C) used reasonable care, including making all reasonable efforts to avoid blocking emergency public safety calls. (d) Rule of construction Nothing in this section shall preclude the Commission from initiating a rulemaking pursu- ant to its existing statutory authority. (Pub. L. 116–105, § 4, Dec. 30, 2019, 133 Stat. 3276.) Editorial Notes REFERENCES IN TEXT Section 13, referred to in subsec. (b)(5)(C)(ii), is sec- tion 13 of Pub. L. 116–105, which is set out as a note under section 227 of this title. Section 10, referred to in subsec. (c), means section 10 of Pub. L. 116–105. CODIFICATION Section was enacted as part of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, also known as the Pallone-Thune TRACED Act, and not as part of the Communications Act of 1934 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Commission’’ as used in this sec- tion, see section 2 of Pub. L. 116–105, set out as a note under section 227 of this title. § 227b–1. Access to number resources (a) In general (1) Examination of FCC policies Not later than 180 days after December 30, 2019, the Commission shall commence a pro- ceeding to determine how Commission policies regarding access to number resources, includ- ing number resources for toll-free and non- toll-free telephone numbers, could be modi- fied, including by establishing registration and compliance obligations, and requirements that providers of voice service given access to number resources take sufficient steps to know the identity of the customers of such providers, to help reduce access to numbers by