MISSING THE POINT: FCC Issues New NPRM To Address Number Rotation– But The Commission is Focused On The Symptom and Not the Disease

Illegal call blocking and labeling by the carriers and analytics engines must stop.

The end.

R.E.A.C.H. filed a petition with the FCC last year seeking to accomplish just that. To date, however, no action by the Commission.

The FCC did, however, just issue a massive new NPRM last week addressing number rotation and the sale of DIDs by wholesalers– and it seems to be getting closer to the issue.

Specifically, the Commission has expressed concern about number rotation or cycling–sometimes referred to as “snowshoeing”– and seeks comment on whether the practice should be banned as it may assist illegal robocallers.

In passing on the subject, however, it correctly notes:

However, there may be legitimate uses of number cycling. For example, the NANC
observed that legitimate callers may engage in number rotation practices based on “the perception, fueled
by call completion metrics, that anti-robocalling analytics are accidentally labeling and blocking their
calls to their customers.”122 As a result, the NANC observed, these legitimate callers believe that number
rotation is an “effective and warranted countermeasure.”123 Hiya has observed that robocallers using
rotated numbers must be distinguished from enterprises with large call volumes, small businesses with
lower call activity, and personal lines with occasional usage,124 having reported in 2023 on a survey of
300 business leaders that 60% said they rotate numbers at least multiple times a month, and 29% change
their numbers automatically or on a daily basis

Bingo.

The problem isn’t number rotation. Number rotation is the awkward and painful “solution” callers have had to stoop to in order to get around the ILLEGAL call blocking and labeling regime that is POLLUTING AND DESTROYING our telecom network and eroding consumer trust.

Insane that nobody is talking about this but me. Should be mainstream media news.

But regardless, the Commission is interested in learning more about why number rotation is being used and what can be done about it and this seems to be an opportunity.

You can expect R.E.A.C.H. to jump up and down about this one and set meetings with the Commission to use this NPRM as a vehicle to push for real change and a SOLUTION to the degrading quality of our PTSN.

Meanwhile, the FCC is also looking to end the current practice of retail DIDs and collapse all number sales potentially to a single level.

This is a really interesting proposal that gets closer to ending the fragmentation in the market for telecom services. Specifically:

Above, we propose to create a more robust NRUF reporting system for resale and seek
comment on requiring resellers of telephone numbers to file their own reports. Recognizing that the
problem of illegal robocalls has been so intractable for Americans, we seek comment on whether we need
to affirmatively limit the extended levels of resale that are seemingly contributing to the problem. As a
means to ensure visibility into how numbering resources are being used, and to lessen attenuated
relationships between the providers of record of numbers and the retail providers of those numbers, we
seek comment on whether we should prohibit the resale of numbers beyond a single level, whether in
addition, or as an alternative, to expanded NRUF reporting for resellers. That is, resellers of telephone
numbers may only provide retail service to their own end users, and may not provide wholesale service.

That last bit is wild.

Today it is very common for a reseller to act as a wholesaler and a lot of business models are built on it. Very curious to see the impact the proposed change will have on the broader market. (If you have thoughts on how it might impact YOUR business shoot me a note– want to collect some stories to report on.)

Additionally the commission is going to expand robocall mitigation requirements downstream to resellers to increase visibility, which I think is fine:

Specifically, we propose to extend the robocall-related certification obligations in section
52.15(g)(3)(ii)(C) and (D),50 to all service providers directly receiving numbering resources from the
NANPA, as well as to resellers of telephone numbers, as a one-time obligation, regardless of the means
by which they deliver service or the underlying regulatory regime in which they may be authorized to
provide service.51 Current service providers receiving numbering resources directly from the NANPA,
and resellers of telephone numbers operating as of the effective date of any requirement we propose to
adopt in this regard, would be required to file these certifications within 30 days of the effective date of
the new rule. Service providers intending to obtain numbering resources for the first time from the
NANPA, as well as resellers of telephone numbers intending to become operational, would be required to
file certifications at least 30 days prior to submitting their first request for numbering resources to the
NANPA or to beginning to resell service, respectively

Very interesting.

You can read the full NPRM here: FCC Number Rotation NPRM

Will be putting together a webinar on all of this shortly– and you can expect David, Alex and I to dive deep into these issues at Law Conference of Champions in less than 60 days!

Chat soon!