House Communications Seen Returning to Bipartisanship at Robocalls Hearing

Chief among the bills House Communications will examine is the Stopping Bad Robocalls Act (HR-946). HR-946 would clarify the definition of a robocall, and clarify exemptions to the Telephone Consumer Protection Act. It would create a national database of reassigned phone numbers and require FCC-FTC cooperation to reduce abusive robocalls by “at least” 50 percent yearly (see 1902040043).

Absent from the agenda is the Telephone Robocall Abuse Criminal Enforcement and Deterrence (Traced) Act, which Senate Communications Subcommittee Chairman John Thune, R-S.D., is aiming to pass in that chamber under unanimous consent (see 1904110066). HR-2015/S-151 would increase FCC authority to act against robocalls violating the Telephone Consumer Protection Act. It would increase coordination between federal agencies and state attorneys general in a bid to increase criminal prosecution of illegal robocallers (see 1901170039).

That doesn't necessarily mean HR-2015/S-151 is off the table for House consideration, as HR-946 is similar enough to the bill that “you could easily see some type of compromise,” a telecom lobbyist said.

“Maybe you don't do a full-blown conference” on the two bills, “but you could synthesize them” without too much trouble, the expert said. Combating illegal robocalls “is obviously a popular policy issue” given the near-universal agreement that a fix is needed, said Information Technology and Innovation Foundation Broadband and Spectrum Policy Director Doug Brake. “There's certainly grounds for bipartisan work” on that issue.

Other Proposals

There will be discussion about one GOP-led bill -- the draft Support Tools to Obliterate Pesky (Stop) Robocalls Act. The draft from House Communications ranking member Bob Latta, R-Ohio, would allow carriers to provide robocall blocking technology to consumers on an opt-out basis. It would require the FCC issue rules for interconnected VoIP providers to require greater call record retention obligations and rules to streamline private entities' sharing of robocall and spoofing information with the FCC. House Communications also will examine the Repeated Objectionable Bothering of Consumers on Phones (Robocop) Act. HR-2298/S-1212 would force all telecom companies to install free telemarketing blockers and verify the numbers on caller IDs (see 1904160058).

America's Communications Association wrote House Communications leaders Monday in support of the opt-out provision in the Stop Robocalls Act draft. “Today, many ACA Connects members provide robocall blocking tools that they enable for customers" as opt in, wrote ACA CEO Matthew Polka. “While those customers that use these tools generally find that they provide substantial relief from robocalls, relatively few customers take the affirmative step to opt in.” The “informed opt-out” model proposed in the Stop Robocalls Act would allow a provider to “empower a much broader share of its customers to enjoy freedom from robocalls -- while still preserving the right of the customer to choose,” Polka said.

House Communications will also examine four new or refiled proposals. They include the Help Americans Never Get Unwanted Phone Calls (Hangup) Act, which lawmakers previously filed in 2015 and the last Congress (see 1804270063). HR-1421/S-626 would close a loophole in TCPA created in the 2015 Bipartisan Budget Act that allows robocalls to cellphones for collection of debt to the government. It would kill the FCC 2016 Broadnet ruling allowing robocalls by federal contractors to be exempt from TCPA limitations (see 1902280062).

The Regulatory Oversight Barring Obnoxious (Robo) Calls and Texts Act (HR-2355) would require the FCC establish a Robocalls Division in the Enforcement Bureau to ensure TCPA compliance and serve as a conduit for communication on robocalls issues. It would require the FCC to implement regulations to force carriers to adopt technological standards for preventing robocalls. The Spam Calls Task Force Act (HR-721) would require the attorney general convene an interagency working group to study enforcement of TCPA, including current federal law and budget constraints and ways to improve coordination between federal and state agencies to prevent violations of the law. The Robocall Enforcement Enhancement Act (HR-1575) would increase to three years the statute of limitations for illegal spoofing and increase FCC ability to impose forfeitures against illegal robocallers (see 1804180066).

Testimony

Several made HR-946 the primary focus of their written testimony. Nomorobo founder Aaron Foss' wasn't available.

USTelecom supports language in HR-946 that would “allow the FCC to go after first-time offenders and to increase the statute of limitations for such enforcement efforts,” says Senior Vice President-Advocacy and Regulatory Affairs Patrick Halley. “There is an acute need for aggressive criminal enforcement against illegal robocallers at the federal and state level” and “fines alone are insufficient.” USTelecom appreciates language in the draft Stop Robocalls Act “to ensure call information from interconnected VoIP, including one-way VoIP services, is available for tracebacks,” Halley says.

The National Consumer Law Center and other consumer groups believe HR-946 “would create a powerful tool that will stop most unwanted robocalls,” says NCLC Senior Counsel Margot Saunders. “Pass the entire bill, despite the robocallers’ objections.” Existing TCPA language “clearly permits the FCC to correctly interpret the [statute] to protect consumers from unwanted robocalls." Passing HR-946 “will ensure that consumers remain protected, regardless of potentially incorrect interpretations of the current provisions by the FCC,” Saunders says. Consumer groups also back HR-1421/S-626, HR-2298/S-1212 and HR-2355.

The H. Lee Moffitt Cancer Center & Research Institute believes HR-946 “could help curb” abusive robocalls and lauded HR-721 for proposing the “interagency working group to devise ways to address this threat through enforcement and regulation,” says Chief Information Security Officer Dave Summitt. House Communications should ensure there are provisions in any final bill requiring “accurate caller identification.” He calls on the subcommittee to “place some of this burden and responsibility” for accurate identification “back onto the telecom carriers and “provide requirements for telecoms to work with businesses in shutting down or investigating malicious activity, especially when it involves a critical infrastructure.”