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Federal Communications Commission: Advanced Methods to Target and Eliminate Unlawful Robocalls

B-337305 Apr 08, 2025
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Highlights

GAO reviewed the Federal Communications Commission's (FCC) new rule entitled "Advanced Methods to Target and Eliminate Unlawful Robocalls." GAO found that the final rule strengthens FCC's call blocking and robocall mitigation rules.

Enclosed is our assessment of FCC's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Charlie McKiver, Assistant General Counsel, at (202) 512-5992.

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B-337305

April 8, 2025

The Honorable Ted Cruz
Chairman
The Honorable Maria Cantwell
Ranking Member
Committee on Commerce, Science, and Transportation
United States Senate

The Honorable Brett Guthrie
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Federal Communications Commission: Advanced Methods to Target and Eliminate Unlawful Robocalls

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Federal Communications Commission (FCC) entitled “Advanced Methods to Target and Eliminate Unlawful Robocalls” (FCC 25-15). We received the rule on March 10, 2025. It was published in the Federal Register on March 24, 2025. 90 Fed. Reg. 13416. The effective date of the rule is March 25, 2026, except for the amendments to 47 C.F.R. § 64.1200(o) which are delayed indefinitely. The amendments to 47 C.F.R. § 64.1200(o) will become effective following publication of a document in the Federal Register announcing approval of the information collection and the relevant effective date.

According to FCC, this rule strengthens FCC’s call blocking and robocall mitigation rules. Specifically, FCC requires all domestic voice service providers to block calls that are highly likely to be illegal based on a reasonable do-not-originate list. Additionally, it establishes the Session Initiation Protocol code 603+ as the exclusive code to notify callers when calls on internet protocol networks are blocked based on reasonable analytics to better correct erroneous blocking.

Enclosed is our assessment of FCC’s compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Charlie McKiver, Assistant General Counsel, at (202) 512-5992.

Shirley A. Jones
Managing Associate General Counsel

Enclosure

cc: Cathy Williams
Supervisory Program Analyst
Federal Communications Commission

ENCLOSURE

REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
FEDERAL COMMUNICATIONS COMMISSION
ENTITLED
“ADVANCED METHODS TO TARGET AND ELIMINATE UNLAWFUL ROBOCALLS”
(FCC 25-15)

(i) Cost-benefit analysis

The Federal Communications Commission (FCC) prepared an analysis of the costs and benefits for this rule. See 90 Fed. Reg. 13416, 13420 (Mar. 24, 2025). FCC previously estimated that illegal and unwanted calls cost consumers $13.5 billion annually. Id. FCC stated in the rule that if the effect of the rule is to eliminate a small share of unwanted and illegal calls, consumers would save millions annually in avoided fraud, aggravation, inconvenience, and mistrust. Id. FCC also stated that while the record lacks specific cost data and related analysis, it believes that the increase in providers’ costs to avoid the risk of originating illegal calls will be modest. Id.

(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603–605, 607, and 609

FCC determined that the rule will have a significant economic impact on substantial numbers of small entities, and prepared a Final Regulatory Flexibility Analysis. 90 Fed. Reg. 13420.

(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532–1535

As an independent regulatory agency, FCC is not subject to the Act.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

On July 10, 2023, FCC published a proposed rule. 88 Fed. Reg. 43489. FCC stated that they received comments from various interested parties. See 90 Fed. Reg. 13417. FCC responded to comments in the rule. Id.

Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501–3520

FCC determined that this rule contains information collection requirements under the Act. 90 Fed. Reg. 13417.

Statutory authorization for the rule

FCC promulgated the rule pursuant to sections 4(i), 4(j), 201, 202, 217, 227, 251(e), 301, 303, 307, 316, and 403 of the Communications Act of 1934, as amended. 47 U.S.C. §§ 154(i), 154(j), 201, 202, 217, 227, 251(e), 301, 303, 307, 316, and 403.

Executive Order No. 12866 (Regulatory Planning and Review)

FCC indicated that it did not discuss the Order in the rule.

Executive Order No. 13132 (Federalism)

As an independent agency, FCC is not subject to the Order.

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