Telecom Warns California Anti-Robocalls Law Could 'Divert Attention'

The California Senate Energy, Utilities and Communications Committee voted 9-1 Wednesday for SB-208 by Chair Ben Hueso (D). Two members abstained; one was absent. The legislation would set a July 1, 2020, deadline for telecom providers to implement Signature-based Handling of Asserted Information Using toKENs (Shaken) and Secure Telephony Identity Revisited (Stir) protocols. The California Public Utilities Commission would enforce. The Senate Judiciary Committee plans to consider the bill April 9, a Hueso spokesperson said. A California Assembly bill (AB-1132) that would fine spoofers $10,000 per violation awaits a vote in the Communications and Conveyance Committee.

Be concerned about the “pirating of our telephone system,” Hueso said at the livestreamed hearing. Call scams are a $900 million industry and victims tend to be the most vulnerable, he said.

Telecom industry officials agreed robocalls are a problem but opposed California action. Industry is working on call authentication technology, but it’s not perfected and telecoms can’t say absolutely it will be ready by the bill’s mid-2020 deadline, said California Cable Telecommunications Association President Carolyn McIntyre. Fighting robocalls is a national issue; the CPUC has “no expertise at all in this area” and would “provide no value” to the larger effort, she said. CCTA wants amendments to eliminate the CPUC from the bill and to allow safe harbor for carriers proactively trying to stop unwanted calls.

“Nobody likes illegal robocalls,” but a bad outcome would be to block useful automated calls from schools and doctors, said CTIA Government Affairs Counsel Steve Carlson. A law won’t “accelerate a process that’s already ongoing,” and by adding the “nonexpert” CPUC, “we may very well slow things down and take our eye off the ball.” A “patchwork” of state laws “will only divert attention” from solving the national issue, he said. Complying with state laws is even tougher for smaller providers, said Consolidated Communications lobbyist Pamela Loomis. Some tech solutions may be ready by May or June, without regulation, said AT&T lobbyist Bill Devine.

The issue is national, but California can lead, Hueso said. The federal government so far only has pled with carriers to fix problem, he said. “It's more of a threat than a real attempt to solve this problem.” Hueso wants to be fair but providing a safe harbor would be “an off-ramp to complying with this law.”

Sen. Steven Bradford (D) shared industry doubts about the CPUC, which he said has difficulty overseeing things already in its purview. “Are they the best agency to implement this program?” he asked. “It might slow up what you’re trying to do.” Hueso replied that enforcement is key, and there “really is no other agency in the state that can enforce this bill.” The commission didn’t comment.

In Arkansas, a robocalls bill easily cleared the House Insurance and Commerce Committee in a unanimous voice vote Wednesday. Members appeared eager to pass the measure, with a few arguing over who would get to call the motion to vote. It followed Monday’s unanimous Senate passage (see 1903260019) of SB-514, which would make caller ID spoofing and most robocalls a felony. The legislation would let the state attorney general bring civil actions against telecom providers if they can’t show the Public Service Commission they’re doing all they can to stop the calls.

The Arkansas bill would direct telecom providers to annually seek a PSC determination that they “implemented current and applicable technologies to identify and block” violating calls. Rules will catalyze the telecom industry to innovate to stop robocalls and spoofing, said Arkansas Deputy AG Chuck Harder. The AG would sue a carrier only if it's not trying hard enough, he said. Carriers can use state PSC certification as a “marketing tool” to win more customers, Harder added.

A Mississippi House-Senate conference committee agreed on the Caller ID Anti-Spoofing Act (SB-2744), the committee reported Tuesday. The bill would make violators guilty of misdemeanor and subject to a maximum $1,000 fine or one-year county jail sentence. That paves the way for gubernatorial OK. If signed, it would take effect July 1. The conference also agreed to SB-2821, expanding the definition of phone solicitations to include wireless text messages and closing a loophole for charities.