§  64.1203   —Consortium registration process.

   (a) The Enforcement Bureau shall issue a public notice no later than
   April 28 annually seeking registration of a single consortium that
   conducts private-led efforts to trace back the origin of suspected
   unlawful robocalls.

   (b) Except as provided in paragraph (c) of this section, an entity that
   seeks to register as the single consortium that conducts private-led
   efforts to trace back the origin of suspected unlawful robocalls must
   submit a letter and associated documentation in response to the public
   notice issued pursuant to paragraph (a) of this section. In the letter,
   the entity must:

   (1) Demonstrate that the consortium is a neutral third party competent
   to manage the private-led effort to trace back the origin of suspected
   unlawful robocalls;

   (2) Include a copy of the consortium's written best practices, with an
   explanation thereof, regarding the management of its traceback efforts
   and regarding voice service providers' participation in the
   consortium's efforts to trace back the origin of suspected unlawful
   robocalls;

   (3) Certify that, consistent with section 222(d)(2) of the
   Communications Act of 1934, as amended, the consortium's efforts will
   focus on fraudulent, abusive, or unlawful traffic;

   (4) Certify that the consortium has notified the Commission that it
   intends to conduct traceback efforts of suspected unlawful robocalls in
   advance of registration as the single consortium; and

   (5) Certify that, if selected to be the registered consortium, it will:

   (i) Remain in compliance with the requirements of paragraphs (b)(1)
   through (4) of this section;

   (ii) Conduct an annual review to ensure compliance with the
   requirements set forth in paragraphs (b)(1) through (4) of this
   section; and

   (iii) Promptly notify the Commission of any changes that reasonably
   bear on its certification.

   (c) The entity selected to be the registered consortium will not be
   required to file the letter mandated in paragraph (b) of this section
   in subsequent years after the consortium's initial registration. The
   registered consortium's initial certifications, required by paragraph
   (b) of this section, will continue for the duration of each subsequent
   year unless the registered consortium notifies the Commission otherwise
   in writing on or before the date for filing letters set forth in the
   annual public notice issued pursuant to paragraph (a) of this section.

   (d) The current registered consortium shall continue its traceback
   efforts until the effective date of the selection of any new registered
   consortium.

   [ 85 FR 21798 , Apr. 20, 2020]

   

Subpart M—Provision of Payphone Service