Non-substantive Change Request Justification

NON-SUBSTANTIVE CHANGE REQUEST JUSTIFICATION

OMB Control No. 3060-1285

The Wireline Competition Bureau is submitting this non-substantive change request to the Office of Management and Budget (OMB) for approval of a minor non-substantive change made to requirements to submit a certification to the electronic Robocall Mitigation Database.

On December 30, 2019, Congress enacted the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act. To implement the TRACED Act’s provisions related to call authentication, the Commission adopted a Second Report and Order on September 29, 2020. See Call Authentication Trust Anchor, WC Docket No. 17-97, Second Report and Order, 36 FCC Rcd 1859 (Second Report and Order).

In order to promote transparency, in the Second Report and Order, the Commission required that all voice service providers file a certification with the Commission stating that: (i) the voice service provider has fully implemented the STIR/SHAKEN authentication framework across its entire network and all calls it originates are compliant with 47 CFR 64.6301(a)(1)-(2); (ii) the voice service provider has implemented the STIR/SHAKEN authentication framework on a portion of its network and calls it originates on that portion are compliant with paragraphs 47 CFR 64.6301(a)(1)-(2), and the remainder of the calls that originate on its network are subject to a robocall mitigation program; or (iii) the voice provider has not implemented the STIR/SHAKEN authentication framework on any portion of its network, and all of the calls that originate on its network are subject to a robocall mitigation program. Pursuant to the rules adopted in the Second Report and Order, each voice service provider must also include in its filing: (i) the voice service provider’s business name(s) and primary address; (ii) other business names in use by the voice service provider; (iii) all business names previously used by the voice service provider; (iv) whether the voice service provider is a foreign voice service provider; and (v) the name, title, department, business address, telephone number, and email address of one person within the company responsible for addressing robocall mitigation-related issues.

The Second Report and Order required that any voice service provider certifying all or part of its network is covered by a robocall mitigation program, include in its certification: (i) identification of the type of extension or extensions the voice service provider received under 47 CFR 64.6304, if the voice service provider is not a foreign voice service provider; (ii) the specific reasonable steps the voice service provider has taken to avoid originating illegal robocall traffic as part of its robocall mitigation program; and (iii) a statement of the voice service provider’s commitment to respond fully and in a timely manner to all traceback requests from the Commission, law enforcement, and the industry traceback consortium, and to cooperate with such entities in investigating and stopping any illegal robocallers that use its service to originate calls.

The Second Report and Order created the electronic Robocall Mitigation Database where every voice service provider is required to submit certifications. The respondents, burden hours and costs of this Information collection were previously approved under OMB Control No. 3060-1285 on May 13, 2021 at ICR Reference Number 202102-3060-023.

On May 19, 2022, the Commission adopted a Fifth Report and Order in WC Docket No. 17-97. See Call Authentication Trust Anchor et al., WC Docket No. 17-97 et al., Fifth Report and Order et al., FCC 22-37 (rel. May 20, 2022) (Fifth Report and Order). The Fifth Report and Order clarified that certifications to the Robocall Mitigation Database must be made in English or in a certified English translation and codified this clarification.

This minor non-substantive change to the codified rule is to 47 CFR 64.6305(b)(2), which is being redesignated as 47 CFR 64.6305(c)(2), and is highlighted below:

(2) A voice service provider that certifies that some or all of the calls that originate on its network are subject to a robocall mitigation program consistent with paragraph (a) of this section shall include the following information in its certification in English or with a certified English translation: * * * *.

Consistent with a clarification to an existing obligation, the substance, respondents, burden hours, and costs of Information Collection OMB Control No. 3060-1285 are not impacted by this non-substantive change. No changes are required to the supporting statement for OMB Control No. 3060-1285.

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