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the fcc and the consumer bureau are working on the details of a rulemaking proposal to establish a national database of authorized numbers. in the meantime, the fcc is expected to issue a rule soon that will provide for a fast and effective resolution of tcpa complaints. the commission is also asking for comment on how best to implement the database and the safe harbor.
the fcc did not provide details about how the database would be constructed or how it would be accessible. such questions are left to the bureau to determine through a rulemaking. it did say, however, that the database would be created on a commercial scale, and that it will be “interoperable with other databases, such as the fcc’s reassigned number database,” which is maintained by the universal service administrative company. the database would be available to telecommunication carriers and to consumers who could access it via an app. the fcc has said that it intends to create a similar database for usf revenues, which covers other federal and state universal services, and has said that it will work to ensure that the databases are interoperable. the fcc’s national database for reassigned numbers has been available since june 2016.
the fcc today issued a notice of proposed rulemaking that would create a national database of authorized numbers to ensure that callers obtain accurate and reliable information before dialing. the notice asks for comments on a number of topics, including an assessment of how a database of authorized numbers can be developed, how it should be administered, and how consumers can use it.
otherwise, it must be placed on the fccs do not call list, notify the number it is calling of the violation and consider not placing any calls to the number. the fcc has the authority to fine the number owner up to $16,000 for each violation.
the fcc also strongly urges owners of the numbers to update the database, what has become a high-profile issue for wireless carriers that rely on caller id (cid) to prevent spam calls. however, the fcc is leaving those steps to wireless carriers, with the agency not requiring any owners to place their numbers on the list. this is a procedural requirement before the fcc could direct carriers to place numbers on the list.
the database owners know they are supposed to update their information to avoid liability if the number then starts receiving robocalls, but many are simply not doing this and, in fact, many of the numbers not currently on the list have suffered from robocalls. there are dozens of little-known databases and apps out there that people can use to check to see if a number has been reassigned. this technology is available, but its not widely known. retailers are urging consumers to report outdated information to the fcc so that owners of numbers that have been reassigned can be found and the database updated.
owners have the ability to update their own information in their own database. there is a suite of tools that could be used to add a number to a master list and verify that the number is no longer in use. this is an industry with plenty of resources that could devote resources to supporting the database. it also highlights the fact that there are two conflicting markets – the consumer side and the carrier side. the carriers want to protect their cid database and will want it to be mandatory to report changed numbers to the fcc. however, the federal communications commission has not required database owners to update their databases or set up a legal process to contact owners.
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