In a previous Client Advisory, the CommLaw Group delineated the new robocall mitigation regulatory requirements imposed on previously exempt gateway providers by the Federal Communications Commission ("FCC" or "Commission"). In a Report & Order released May 20, 2022, the FCC imposed a number of new rules on gateway providers, which it defines as "U.S.-based intermediate providers [those that have facilities located in the U.S., including a point-of-presence] that receive calls directly from a foreign originating provider or foreign intermediate provider at their U.S.-based facilities before transmitting the calls downstream to another U.S.-based provider."
The FCC had originally planned to rapidly implement all the new gateway provider rules, but due to certain information collection issues that were not approved by the Office of Management and Budget ("OMB"), implementation of the new rules was delayed. One rule has recently been approved by OMB and will go into effect on September 23, 2022. This rule requires gateway providers to "[r]espond fully and in a timely matter to all traceback requests from the Commission, civil law enforcement, criminal law enforcement, and the industry traceback consortium." 47 C.F.R. § 64.1200(n)(1). As a practical matter, this means that all gateway providers must respond to a traceback request within 24 hours of receiving same.
The Commission is currently working with OMB to ensure that the remaining gateway provider rules will go into effect soon. The CommLaw Group will provide further updates as they become available. In the meantime, gateway providers should review the many new requirements listed in the previous Client Advisory in order to be prepared to comply with them when they become effective.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
