FCC Clears NG911, Robocall NPRMs on Unanimous Votes

The NG911 NPRM is part of an “ongoing effort to update 911,” said Chairwoman Jessica Rosenworcel. “Here we focus on making sure that this system, which was developed during the heyday of the analog phone and circuit-switched technology, can fully transition to IP-based next-generation 911,” she said: “This is a critical part of facilitating the transition of more than 6,000 public safety answering points nationwide" to NG911.

Funding is a critical question, Rosenworcel said, noting she proposed that some auction revenue be dedicated to funding NG911 (see 2212210077). “First responders across the country need support for these changes to keep 911 up to date,” she said.

Commissioner Brendan Carr said 911 call centers face challenges as they implement NG911. “How do we ensure backward compatibility?” he asked: “How do we make sure we minimize the period of time in which legacy and new systems are trying to run in parallel.” The NPRM addresses some of those issues, he said.

The FCC has taken a number of steps to make 911 work better, making it “easier and quicker for first responders to locate callers automatically, and for employees and hotel guests to secure help from a multi-line phone,” said Commissioner Geoffrey Starks. Requiring providers to deliver calls and information in IP is “a critical next step,” he said: “The details here matter. I look forward to hearing feedback on our proposal, and to finding the best way forward.”

The NPRM is a follow-up to a National Association of State 911 Administrators' petition seeking a rulemaking or notice of inquiry to fully implement NG911 (see 2110190066 and 2201200043).

The NPRM proposes to require that following the “valid request” of 911 authorities, which have established the capability to accept NG911-compatible, IP-based communications, wireline, interconnected VoIP and internet-based telecommunications relay service, providers must complete “all translation and routing to deliver 911 calls, including associated location information” in an IP-based format. The FCC also proposes that wireless and the other providers would have to transmit all 911 calls to destination points designated by a 911 authority.

“We have long advocated for a fair and workable regulatory framework that would require all entities involved in a 9-1-1 call to provide end-to-end NG9-1-1 capabilities by a date certain,” emailed Jonathan Gilad, National Emergency Number Association director-government affairs: “This rulemaking ultimately will accelerate the provision of faster, more accurate emergency response services and help eliminate the costly maintenance of legacy 9-1-1 systems.”

Robocalls

Also adopted was an NPRM that proposes to codify the commission's 2015 ruling confirming that callers may revoke any prior express consent through any reasonable means under the Telephone Consumer Protection Act.

The item also proposes requiring robocallers and robotexters to honor consent revocation requests within 24 hours of receiving such a request. The item proposes to prohibit robocallers and robotexters from infringing on a consumer's right to revoke consent by "designating exclusive means to revoke consent that precludes the use of any reasonable method."

Thursday's action is "one piece of a larger effort" to stop unwanted robocalls and texts, Carr said. Rosenworcel noted Congress could give the FCC additional authority to define an autodialer, after the Supreme Court decision to narrow the definition in Facebook v. Duguid, plus "clear authority to access Bank Secrecy Act information" to "identify more quickly the financial records of our calling targets without giving those targets suspected of scams a heads up" that the FCC is "coming for them." Rosenworcel also said it would be "beneficial" if the FCC had the authority to try to collect any fines it imposes against bad actors.

“CTIA and its members share the FCC’s goals of protecting consumers from unwanted and illegal calls and texts, while also ensuring wireless customers get the key, time-sensitive information they need regarding their wireless service,” a CTIA spokesperson emailed: “Congress and the Commission have repeatedly recognized the unique relationship between wireless providers and their customers, and through the TCPA they have enabled providers to share helpful account-related communications that protect Americans from bill-shock, service disruptions and fraud. These important messages are provided for free without the need to sign up for them, and it is important to continue supporting these pro-consumer communications.”

Commissioners also unanimously approved an order clarifying that interoperable videoconferencing services such as Zoom and Microsoft Teams must comply with the FCC’s accessibility rules under the 21st Century Communications and Video Accessibility Act. “This effort is consistent with the law,” Rosenworcel said. “It is also aligned with the fundamental idea behind it -- that when technology changes our accessibility policies need to evolve and keep pace.” Interoperable videoconference service providers will have one year and 30 days from publication in the Federal Register to come into compliance, said an FCC news release.

The order also gives video relay service providers a one-year waiver of a rule that restricts VRS users’ ability to turn off their video cameras when not actively participating in a videoconference, the release said. An NPRM accompanying the order proposes the creating performance objectives to enhance the accessibility of such services, such as speech-to-text captioning, and seeks comment on “the integration of TRS with video conferencing services without requiring a dial-up telephone call.”.