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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Proposed Rules
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that the registry is not designed for or otherwise cannot address? If so, are there ways to adapt the registry to such threats?
3. To what extent does the recent Supreme Court decision addressing the Telephone Consumer Protection Acts TCPAs definition of automatic telephone dialing system impact the efficacy of the PSAP Do-Not-Call registry? See Facebook, Inc. v. Duguid, 141 S.Ct. 1163, 116873 2021. For example, does the Supreme Courts decision potentially narrow the types of equipment that fall within that definition, and thus limit the number of callers subject to the prohibition on autodialing registered PSAP numbers? If fewer callers are deemed autodialers under the ruling than previously, does that have implications for the Commissions assessment of the security risk by potentially reducing the number of callers that will need to access the registry? Correspondingly, does it change the protections afforded to PSAPs by narrowing the types of callers that are prohibited from calling registered telephone numbers?
B. Call Blocking Proposal 4. In light of potential security concerns involved with granting access to the registered PSAP numbers to a broad range of autodialer operators as the means to facilitate compliance with the PSAP Do-Not-Call registry as contemplated in 2012, the Commission proposes that voice service providers block autodialed calls made to registered PSAP telephone numbers on the PSAP Do-Not-Call registry. As the means to identify the calls to be blocked, the Commissions rules already require autodialer operators seeking access to the registry to provide certain information including all outbound telephone numbers used to place autodialed calls, including both actual originating numbers and numbers that are displayed on caller identification services. See 47 CFR 64.1202d. The Commission proposes that such registered outbound telephone numbers used to make autodialed calls be provided to voice service providers as the means to identify those autodialed calls that should be blocked when made to registered PSAP
numbers.
5. The Commission proposes to give voice service providers access to the PSAP telephone numbers and outbound autodialer telephone numbers registered on the PSAP Do-Not-Call registry. The Commission further proposes to require voice service providers to block any calls that originate from a registered autodialer number when made to a
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registered PSAP telephone number.
Under this approach, access to the registered PSAP telephone numbers is restricted to more easily verified voice service providers that can ensure compliance by blocking calls made to the PSAP telephone numbers rather than entrusting compliance to an unknown number of robocallers whose identity and intentions in seeking access to the database may be difficult to confirm. Specifically, the Commission seeks comment on whether such an approach would alleviate the security risks associated with allowing access to a centralized database of PSAP numbers to all autodialer users who register. Does granting voice service providers access to registered PSAP telephone numbers create any new security issues? If so, how should the Commission minimize those concerns? How can the Commission ensure the security of the PSAP Do-Not-Call registry database from malicious actors?
6. Responsible Voice Service Providers. The Commission seeks comment on which voice service providers should be subject to the blocking requirement. Should one voice service provider in the call path be responsible for blocking calls from registered autodialer telephone numbers to registered PSAP telephone numbers?
Are certain voice service providers, such as those originating or terminating calls or those voice service providers that are also covered 911 service providers, better suited to carry out this obligation?
7. Emergency Autodialed Calls. The Commission seeks comment on whether to limit its blocking requirement only to non-emergency autodialed calls. The current rules prohibit operators of robocalling equipment from using such equipment to contact registered PSAP
numbers other than for an emergency purpose. See 47 CFR 64.1202c.
Should the Commission retain this distinction or instruct voice service providers to block any calls from a registered autodialer number to a registered PSAP number? Are there situations when autodialer users may use autodialing equipment to make an emergency call? If so, how should the Commission account for such a possibility? Should the Commission grant access to the registry only to those autodialer numbers that are used solely for non-emergency purposes? Should the Commission adopt rules that establish a presumption that all calls from registered autodialer telephone numbers are non-emergency calls, and if so, what steps should the Commission take to ensure emergency calls to PSAPs are not inadvertently blocked? Are there
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any other barriers, costs, or considerations that should be taken into account in adopting rules that require voice service providers to block nonemergency calls from registered autodialer telephone numbers to registered PSAP numbers?
8. Preventing Unauthorized Disclosure of Registered Numbers. The Commission proposes and seeks comment on extending the existing restrictions on disclosure and dissemination of registered numbers to voice service providers that might be granted access to the registry under our proposed approach. See 47 CFR
64.1202f; 47 U.S.C. 1473c1. Are the current restrictions sufficient or should the Commission adopt new or different restrictions to prevent the unauthorized disclosure of registered numbers?
9. Erroneous Blocking. Is requiring the blocking of autodialed calls technically feasible for voice service providers? If so, can those programs ensure that calls PSAPs wish to receive are not blocked?
Should the Commission consider a safe harbor from liability for good faith blocking of phone calls to PSAPs from originating numbers that are erroneously entered into the registry?
Should autodialer operators be afforded a safe harbor from liability when they have submitted an outbound telephone number to the PSAP Do-Not-Call registry, but the call is not blocked through the fault of the voice service provider or registry administrator?
10. Verifying and Updating the Registry. Are there other safeguards the Commission should adopt to ensure that emergency phone calls are not affected by the call blocking proposal to avoid inadvertently blocking legitimate emergency calls? The current rules require that all contact information provided by an autodialer operator to gain access to the registry, including the outbound telephone numbers used to place autodialed calls, be updated within 30 days of any change to this information. See 47 CFR 64.1202d. Is this requirement sufficient to ensure that the database of telephone numbers used to identify those autodialed calls to be blocked remains updated to remove telephone numbers that are no longer used to make autodialed calls and add new telephone numbers that are used to make autodialed calls? Or should the Commission consider any new or different requirements to ensure that the database of registered telephone numbers used to make autodialed calls remains accurate over time? Are there alternative methods and sources that should be employed by the voice service provider or registry administrator to ensure that only non-emergency calls
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