Latest Robocall Order Expected to See Few Changes From FCC
Few changes are expected to an FCC order and further NPRM to expand the commission’s VoIP numbering authorization rules, which commissioners will vote on Thursday. One of the biggest points of contention has been whether to change language citing a $4.5 million robocall-related fine against Telnyx. There were only three ex parte filings on the item in docket 13-97, and two addressed the Telnyx issue, including a filing by the company (see 2512040005).
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The robocall order picks up where the FCC left off last year when commissioners approved VoIP numbering authorization rules that required new applicants to make robocall-related, public safety and national security certifications and other information disclosures (see 2309210055). The item includes a further NPRM, which set the stage for the draft. Two lawyers active in the proceeding said they expect only minor changes from the draft.
The Cloud Communications Alliance objected to language in the FNPRM that says the FCC has taken enforcement action “against bad actors” and cites a notice of apparent liability against Telnyx. An NAL is “by statute and longstanding practice… not a final agency adjudication that establishes wrongdoing,” the group said.
It also raised concerns more generally about using a proposed fine as a “precedent” for policy changes. Doing so is a violation of “due process and fairness,” since the named party is “branded in the Federal Register record without a final order,” and is harmful to “regulatory clarity” and “administrative integrity.”
Alliance President Joe Marion told us he has heard nothing definitive about whether the FCC plans to change the reference to Telnyx.
Free State Foundation President Randolph May noted that he previously objected to the Telnyx forfeiture action “because it violates due process and likely also violates the Seventh Amendment” and the right to a jury trial (see 2504170025). May said in an email that he’s surprised the agency hasn’t already dropped the proposed fine. “It’s pretty clear that Telnyx had no fair notice that it was not in compliance with commission requirements, and it immediately took corrective action after a malicious breach of its system.”
The Voice on the Net Coalition proposed in a filing last week that the order be changed to eliminate or substantially modify the proposed investigations certification requirement. It recommended that for existing VoIP numbering authorization holders that obtained direct access number authorization prior to Aug. 8, 2024, the commission “eliminate the certification requirement related to regulatory agency investigations … because it is redundant, overbroad, and vague.” Current number authorization holders “have established a multi-year record of compliance with applicable rules,” and evidence of noncompliance “related to unlawful robocalls or spoofing is already available to the Commission.”
The coalition also urged the FCC to issue a notice “with detailed certification filing requirements” for holders of authorizations issued before Aug. 8, 2024, the date the earlier rules went into effect. The notice “should include a filing template listing the specific certifications required to maintain direct access privileges.”