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Pai: 'Crack Down'

Robocalls, Slamming Focus of FCC's July Tentative Agenda

The FCC's July tentative agenda has a consumer protection focus, with items dealing with robocalls, rural call completion and "slamming and cramming." Noting it's Consumer Protection Month, Chairman Ajit Pai in a blog post Thursday announcing the July 13 agenda said the agency is "extend[ing] our efforts to address the problems Americans confront in the communications marketplace and to crack down on those who prey upon the vulnerable for their own financial gain." The agenda also has items on rural call completion, Part 2 equipment authorization rules, allocation of spectrum for vehicular radar, wireless mic technical and operational rules and video description.

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Wireless carriers daily reassign an estimated 100,000 numbers, meaning people frequently receive calls they don't want that were intended to go to the previous number holder, Pai said. Commissioners will consider a notice of inquiry on ways that reassigned phone number data could be made available to businesses, such as through a database, to avoid unwanted robocalls and ensure those businesses are calling intended recipients. The notice also would look at a way of authenticating phone calls, with a system to verify that phone calls actually come from the phone numbers that show up on caller ID, Pai said. "Too many malicious robocallers hide their true originating phone number," he said, saying the NOI about authentication standards for phone calls and other public policy considerations "would help to crack down on this behavior and strengthen call-blocking."

The aim of the further NPRM on slamming and cramming is to outright ban misrepresentations on telemarketing calls that usually precede a "slam," in which a person's service provider is changed based on verbal assents customers aren't even aware they're giving, Pai said. The proposed rulemaking also would change rules to make it harder to "cram" consumers with unauthorized charges on phone bills, he said. The FCC said the NPRM would propose to require carriers to automatically freeze a consumer’s choice of telco providers until the consumer opts to lift that freeze, unlike current rules that require consumers to request a freeze first.

The agenda includes a rural call completion NPRM draft proposing to adopt new requirements for covered providers and scrap existing rural call completion recording, retention and reporting rules. It also contains items to update a Part 2 equipment authorization program, to address use of the 76-81 GHz to support a wide range of vehicular radar uses, and to address wireless mic operations in TV bands and other frequency bands.

The rural call completion NPRM would propose or seek comment on possible new rules to require covered providers to "monitor the rural call performance of their intermediate providers" and "hold those intermediate providers accountable" for their performance, said a draft fact sheet. It would contemplate "eliminating the FCC’s existing rural call completion data collection and reporting rules, which may be rendered unnecessary by the adoption of new rules intended to more directly and proactively address rural call completion problems."

A 2013 order reduced complaints, "but we're still not where we need to be," Pai said. Separately, the FCC released a rural call completion report saying the long-distance call answer rate in rural areas was 64.3 percent and the non-rural rate was 68.8 percent. The report found a "wide variation in performance" among covered providers, suggesting the problem may be more with individual providers than a systemic one.

The Part 2 equipment authorization program ensures that RF devices comply with technical requirements before they're imported, marketed or operated within the United States. An order would reduce certain burdens under the rules and provide greater flexibility, said a draft fact sheet. It would streamline the self-approval process, allow electronic labeling, ease importation requirements, update measurement procedures and clarify standards.

Another order "would provide a contiguous block of spectrum available for vehicular radars by authorizing use of the entire 76-81 GHz frequency band," said a draft fact sheet. "It would also permit non-vehicular fixed and mobile radars to be used in airport air operations areas." The spectrum would "support new short-range vehicular radar (SRR) applications that can enhance the safety of drivers and other road users, while continuing to allow the deployment of proven" long-range vehicular radar technologies, the fact sheet said. "It also would foster the use of technologically advanced cost-effective radar applications that will improve airport operations and provide important benefits to airlines, airport personnel, and the traveling public."

The mic order on reconsideration would address five petitions on use of wireless microphone operations in the TV bands, the repurposed 600 MHz band and several other frequency bands, said a draft fact sheet. It also would address wireless mic technical and operational rules and affirm previous commission decisions regarding certain licensed and unlicensed uses. A Further NPRM would "propose permitting professional theater, music, performing arts organizations, and similar organizations to obtain a Part 74 license to operate wireless mics in small towns and at smaller venues, based on the applicant’s demonstrated need and requisite professional ability to operate in the bands."

A video description item set for the agenda comes after an earlier item under former Chairman Tom Wheeler failed to advance. An item that would have raised the amount of described video required by networks and the number of networks covered by the requirement was pulled from the November meeting agenda in response to pressure from Republicans in Congress that the outgoing administration put its “pencils down” (see 1611160048). Pai described the July item as raising the number of hours of described video required by 75 percent, which was a portion of Wheeler’s proposed order. Pai, Commissioner Mike O’Rielly and the video industry were seen as opposing extending the scope of the requirement to other networks and a “no backsliding” provision that would have kept networks under the requirement even if their scale fell below the required size. Pai’s blog doesn’t mention those provisions.