FCC’s Second Further Notice of Proposed Rulemaking on Reassigned Numbers Published in Federal Register; Comment Clock Begins

On March 22, 2018, the FCC adopted a Second Further Notice of Proposed Rulemaking (FNPRM) on reassigned numbers. On April 23, 2018, the FNPRM was published in the Federal Register, triggering the commenting period deadlines. Comments on the FNPRM must be submitted by June 7, and reply comments must be submitted by July 9, 2018.

The version of the FNPRM adopted last month is largely the same as the draft document summarized here. However, it adds language seeking comment on the effect of the ACA International ruling (which we covered here) on reassigned number safe harbors, as well as detailed proposals on which types of calls would be covered by any such safe harbor. It also asks whether the ruling strengthens the need for a comprehensive database or instead suggests that existing commercial databases might be sufficient as resources for discovering number reassignment.

The FNPRM also contains short statements from each of the Republican FCC Commissioners and Democratic Commissioner Jessica Rosenworcel. Republican Mike O’Rielly notably suggests that the ACA International ruling may present an opportunity to reopen a wide range of TCPA issues beyond just those directly implicated by the ruling. Drinker Biddle’s TCPA team will continue to monitor this docket and related developments in this space.

About the Author: Laura H. Phillips

Laura Phillips applies her expansive and incisive knowledge of the telecommunications industry to advise entrepreneurs on opportunities and challenges related to new communications technologies. She is particularly focused on spectrum auctions, network interconnection, access and universal service and counsels clients on regulatory matters stemming from communications-service convergence. A United States Certified Privacy Professional (CIPP/US), Laura is an authority on the intersection of telecommunications and privacy. She also is deputy chair of the firm’s government and regulatory affairs practice group, where her goal is to ensure that all clients receive effective and efficient service.

About the Author: Michael P. Daly

Mike Daly has spent two decades defending, counseling and championing clients that interact with consumers. His practice focuses on defending class actions, handling critical motions and appeals, and maximizing the defensibility of marketing and enforceability of contracts. Clients large and small have trusted him to protect their businesses, budgets and brands in complex cases across the country.