Expanding and clarifying prohibition on inaccurate caller ID information

(a)

Communications from outside United States

Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting or any person outside the United States if the recipient is within the United States, after United States,.(b)

Spoofing service

(1)

In general

Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended—(A)by striking paragraph (4);(B)by redesignating paragraph (3) as paragraph (4);(C)by inserting after paragraph (2) the following:

(3)

Spoofing service

The Commission shall prescribe regulations requiring a provider of a spoofing service to take such steps as the Commission may prescribe to verify that any person who uses the service is informed of any applicable Federal or State law.

; and

(D)in paragraph (8), by adding at the end the following:

(D)

Spoofing service

The term spoofing service means a service that permits a user to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information. Such term does not include a service to the extent such service transmits or displays without alteration caller identification information generated by another person.

(2)

Conforming amendment

Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is further amended by striking paragraph (3)(B) and inserting paragraph (4)(B).(c)

Text messaging service

(1)

In general

Section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended—(A)in subparagraph (A), by inserting (including a text message sent using a text messaging service) before the period at the end;(B)in the first sentence of subparagraph (B), by inserting (including a text message sent using a text messaging service) before the period at the end; and(C)by adding at the end the following:

(E)

Text message

The term text message means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number. Such term—(i)includes a short message service (SMS) message, an enhanced message service (EMS) message, and a multimedia message service (MMS) message; and(ii)does not include a real-time, two-way voice or video communication.(F)

Text messaging service

The term text messaging service means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a telecommunications service or an IP-enabled voice service.

(2)

Rule of construction

Nothing in this section or any amendment made by this section shall be construed to modify, limit, or otherwise affect—(A)any other authority of the Federal Communications Commission under section 227 of the Communications Act of 1934 (47 U.S.C. 227) or the CAN–SPAM Act of 2003 (15 U.S.C. 7701 et seq.) to interpret a call to include a text message; or(B)any rule or order adopted by the Commission under such section or such Act that provides that a call includes a text message.(d)

Coverage of outgoing-Call-Only IP-Enabled voice service

Section 227(e)(8)(C) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)(C)) is amended by striking has the meaning and all that follows and inserting means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted using Internet protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network..(e)

Regulations

(1)

In general

Section 227(e)(4)(A) of the Communications Act of 1934, as redesignated, is amended by striking Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission and inserting The Commission.(2)

Deadline

The Federal Communications Commission shall prescribe regulations to implement the amendments made by this section not later than 18 months after the date of the enactment of this Act.(f)

Effective date

The amendments made by this section shall take effect on the date that is 6 months after the date on which the Federal Communications Commission prescribes regulations to implement the amendments made by this section.