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.

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