On January 15, 2020, Inteserra issued a Briefing to our service subscribers that explained details of the TRACED Act that has become law. The new federal law addressing robocalling known as the TRACED Act was enacted on December 30, 2019. The Act requires the implementation of STIR/SHAKEN by no later than June 30, 2021, (unless providers have already implemented it) but also requires the FCC to extend the implementation deadline under certain circumstances, including for providers using TDM Networks.

In this blog we will share a few of the frequently asked questions that we have collected regarding the TRACED Act and its implementation.

Q: What is STIR/SHAKEN under the TRACED Act?

A: STIR/SHAKEN means the secure telephone indemnity revisited and signature-based handling of asserted information using tokens (STIR/SHAKEN) standards proposed by the information and communications technology industry.

Q: Is VoIP service covered by the TRACED Act?

A:  Yes, the law defines voice service as any service that is interconnected with the PSTN and that furnishes voice communications to an end user using resources from the North American Numbering Plan (NANP) or any successor to the NANP adopted by the FCC.  It includes (i) transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine; and (ii) without limitation, any service that enables real-time, two-way voice communications, including any service that requires internet protocol-compatible CPE and permits out-bound calling, whether or not the service is one-way or two-way VoIP.

Q: What has to be implemented by June 30, 2021? 

A: No later than June 30, 2021, the FCC must (1) require a provider of voice service (provider) to implement the STIR/SHAKEN authentication framework in its IP-networks; and (2) require a provider to take reasonable measures to implement an effective call authentication framework in its non-IP networks.

The FCC need not require the implementation of the authentication frameworks listed above for a provider if it determines, no later than December 30, 2020, that such provider has already meets certain standards.  For IP networks, the provider must have:

• adopted the STIR/SHAKEN authentication framework for calls on its IP networks; 
• agreed voluntarily to participate with other providers in the STIR/SHAKEN authentication framework;
• begun to implement the STIR/SHAKEN authentication framework; and
• be capable of fully implementing the STIR/SHAKEN authentication framework no later than June 30, 2021. 

For non-IP networks, the provider must have:

• taken reasonable measures to implement an effective call authentication framework; and
• be capable of fully implementing an effective call authentication framework no later than June 30, 2021.

Q: Can the deadline be extended?

A:  Yes, the TRACED Act requires the FCC to consider whether implementation should be delayed for a provider, a class of providers, or type of call. 

Q: What about Robocall Blocking Services?

A: By December 30, 2020, the FCC must take final action to ensure that provider’s robocall blocking services are provided: (1) with transparency and effective redress options; (2) without either additional line item charges or charges for resolving complaints related to erroneously blocked calls; and (3) in a way that makes all reasonable efforts to avoid blocking calls to emergency services. 

Q: When will there be an FCC Registered Consortium to trace back unlawful robocalls?

A: By March 29, 2020, the FCC must adopt rules to establish a registration process for a single consortium that conducts private-led efforts to trace-back the origin of suspected unlawful robocalls (Registered Consortium).  Among other things, the Registered Consortium must: (1) be a neutral third party competent to manage the private-led effort to trace-back the origin of suspected unlawful robocalls; (2) maintain a set of written best practices about the management of such efforts and regarding voice service providers’ participation in trace back efforts; and (3) focus its trace-back efforts on fraudulent, abusive, or unlawful’ traffic.  By April 28, 2020, and annually thereafter, the FCC must issue a public notice regarding the registration of the consortium. 

The law specifies that the FCC may publish a list of voice service providers and take appropriate enforcement action based on information obtained from the consortium about providers that refuse to participate in its trace-back efforts and other information the FCC may collect about voice service providers that are found to originate or transmit substantial amounts of unlawful robocalls.

Q:  Does the FCC have to do anything else?

A:  The new law also mandates that the FCC file eight specific reports with Congress and commence or complete six discrete rulemakings on topics including but not limited to, one-ring scams, numbering resource utilization and the reassigned numbers database.

We are working with our clients to assist with implementation of STIR/SHAKEN. Feel free to contact us with any additional questions you may have. We include more details in our January 15th Inteserra Briefing.  If you would like to receive the five-page Special Report Briefing, please click here.

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