On December 30, 2024, the FCC adopted a Report and Order (Order) creating new rules related to Robocall Mitigation Database filing requirements. Previously the Commission enacted regulations that require all voice providers to: (1) take reasonable steps to mitigate illegal robocall traffic; (2) submit a certification to the Robocall Mitigation Database (RMD) regarding their STIR/SHAKEN implementation status along with other identifying information; and (3) submit a Robocall Mitigation Plan to the RMD. The new rules adopted in the Order are intended to improve the overall quality of RMD submissions and strengthen the procedures providers must follow to submit, update, and maintain accurate filings. The following are the key elements of the Order:
* Providers are required to update their information in the RMD within 10 business days of any change to the relevant information. Failure to update information will result in a $1,000 penalty assessed on a daily basis until the violation is cured (up to the statutory maximum for continuing violations).
* Providers that submit false or inaccurate information to the RMD will be assessed a $10,000 penalty for each violation which will continue on a daily basis until the violation is cured (up to the statutory maximum for continuing violations).
* The Order directs the Wireline Competition Bureau (WCB) to establish a dedicated reporting mechanism for deficient filings that would provide a channel for state and local regulators, state attorneys general, public interest groups, and others to notify the Commission of suspected problems related to the RMD.
* To assist providers with their RMD compliance, the Order instructs the WCB to issue additional guidance, educational materials, and “best practices” for filing in the RMD.
* Providers are required to recertify their information in the RMD by March 1 annually. A filing fee of $100 will apply to the annual recertification filing. The fee will not apply to updates to the RMD information.
* In order to better secure the RMD, the WCB is directed to develop a two-factor (or more) authentication process for accessing the RMD as opposed to simply a user name and password in order to gain access. A two-factor authentication may require both the use of a password and a one-time verification code.
Regarding the effective dates for the rule changes discussed above, the penalties for not updating information or filing inaccurate or false information are effective 30 days after publication in the Federal Register. It should be noted, however, that the actual requirement to update information in the RMD within 10 business days and to recertify annually will not become effective until any necessary OMB approval under the Paperwork Reduction Act is complete. Similarly, the creation of the $100 filing fee for the initial and annual recertification filings in the RMD require Congressional approval. The Commission will publish notice in the Federal Register announcing the effective date for these rules. In addition, the timing for the effective dates for any of the rule changes created by the Order could be affected by the new administration’s Regulatory Freeze Order which we discussed in the 2/5/25 edition of the ICORE Blog. We’ll continue to follow this issue closely and will provide updates as more information becomes available.
