[Federal Register Volume 91, Number 89 (Friday, May 8, 2026)]
[Proposed Rules]
[Pages 25312-25325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-09134]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[WC Docket Nos. 26-49, 20-67, 13-97, 07-243; FCC 26-17; FR ID 344564]


Combatting Illegal Robocalls Through FCC Numbering Policies; 
Implementation of TRACED Act--Knowledge of Customers by Entities With 
Access to Numbering Resources

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) seeks comment on whether to adopt changes to its 
numbering policies with respect to how assigned numbering resources are 
utilized, reported, and resold by service providers as part of its 
continuing effort to combat illegal robocalls. The Commission explores 
and proposes a broad array of solutions to strengthen the Commission's 
numbering requirements and policies, particularly as they relate to 
resellers that use numbering resources to engage in some of the most 
extensive illegal robocalling schemes.

DATES: Comments are due on or before June 8, 2026. Reply Comments are 
due on or before July 7, 2026. Written comments on the Paperwork 
Reduction Act proposed information collection requirements must be 
submitted by the public and other interest parties on or before July 7, 
2026.

ADDRESSES: You may submit comments, identified by WC Docket Nos. 26-49, 
20-67, 13-97, 07-243, by any of the following methods:
     Electronic Filers. Comments may be filed electronically 
using the Commission's website by accessing the Electronic Comment 
Filing System (ECFS): https://www.fcc.gov/ecfs.
     Paper Filers. Parties who choose to file by paper must 
file an original and one copy of each filing.
     Filings can be sent by hand or messenger delivery, by 
commercial courier, or by the U.S. Postal Service. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m. 
by the Commission's mailing contractor at 9050 Junction Drive, 
Annapolis Junction, MD 20701. All hand deliveries must be held together 
with rubber bans or fasteners. Any envelopes and boxes must be disposed 
of before entering the building.
     Commercial courier deliveries (any not send by the U.S. 
Postal Service) must be sent to 9050 Junction Drive, Annapolis 
Junction, MD 20701.
     Filings sent by U.S. Postal Service First-Class Mail, 
Priority Mail, and Priority Mail Express must be sent to 45 L Street 
NE, Washington, DC 20554.
     People with Disabilities. To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer and Governmental Affairs Bureau at (202) 418-0530.
     Availability of Documents. Comments, reply comments, and 
ex parte submissions will be publicly available online via ECFS. 
Documents will be available electronically in ASCII, Microsoft Word, 
and/or Adobe Acrobat.
    For additional information on submitting comments and the 
rulemaking process, see the SUPPLEMENTARY INFORMATION section of this 
document. Send a copy of your comment on the proposed information 
collection to [email protected] or contact Nicole Ongele at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Raphael Sznajder or Ed Krachmer, FCC 
Wireline Competition Bureau, Competition Policy Division at 
[email protected] or [email protected]. For additional 
information concerning the Paperwork Reduction Act information 
collection requirements contained in this document, send an email to 
[email protected] or contact Nicole Ongele at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in WC Docket Nos. 26-49, 20-67, 13-97, 
07-243; FCC 26-17, adopted on March 26, 2026, and released on March 27, 
2026. The complete text of this document is available for download at 
https://docs.fcc.gov/public/attachments/FCC-26-17A1.pdf. To request 
materials in accessible formats for people with disabilities (e.g., 
Braille, large print, electronic files, audio format, etc.), send an 
email to [email protected] or call the Consumer and Governmental Affairs 
Bureau at (202) 418-0530.
    Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, 
as amended (RFA) requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a

[[Page 25313]]

substantial number of small entities.'' Accordingly, the Commission has 
prepared an Initial Regulatory Flexibility Analysis (IRFA) concerning 
the possible impact of the proposed rules contained in the NPRM on 
small entities. The IRFA is set forth in Appendix B, https://docs.fcc.gov/public/attachments/FCC-26-17A1.pdf.
    Paperwork Reduction Act. This NPRM may contain proposed new and 
revised information collection requirements. The Commission, as part of 
its continuing effort to reduce paperwork burdens, invites the general 
public and the Office of Management and Budget (OMB) to comment on the 
information collection requirements described in this document, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment 
on how we might further reduce the information collection burden for 
small business concerns with fewer than 25 employees.
    Providing Accountability Through Transparency Act. The Providing 
Accountability Through Transparency Act, Public Law 118-9, requires 
each agency, in providing notice of a rulemaking, to post online a 
brief plain-language summary of the proposed rule. The required summary 
of this document will be available at https://www.fcc.gov/proposed-rulemakings.
    Ex Parte Rules. The proceeding this NPRM initiates shall be treated 
as a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules. Persons making ex parte presentations must 
file a copy of any written presentation or a memorandum summarizing any 
oral presentation within two business days after the presentation 
(unless a different deadline applicable to the Sunshine period 
applies). Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentation must (1) list all persons 
attending or otherwise participating in the meeting at which the ex 
parte presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Synopsis

    The FCC initiates this proceeding to evaluate whether we should 
adopt changes to our telephone numbering policies, particularly in how 
assigned numbers are used by service providers, to further combat 
illegal robocalls originating from those numbers. Although wireline, 
wireless, and interconnected VoIP service providers may receive 
numbering resources directly from the North American Numbering Plan 
Administrator (NANPA), distribution of numbers is broader because, in 
some instances, it involves multiple levels of resellers that 
indirectly access numbering resources. This wide and indirect 
distribution of numbering resources also partly enables the robocall 
ecosystem. We explore a broad array of solutions to strengthen our 
numbering requirements and policies, especially as related to resellers 
because some of the most extensive illegal robocalling schemes often 
involve resellers. Specifically, this item considers expanding certain 
interconnected VoIP direct access certification and disclosure 
obligations to all service providers accessing numbering resources 
directly from the NANPA and also to those reselling voice service that 
includes the provisioning of one or more telephone numbers (the resale 
of telephone numbers). We explore implementing enhanced reporting and 
tracking of the use of numbering resources by resellers of telephone 
numbers as a way to prevent them from enabling robocalls and from 
obstructing robocall enforcement. We also propose and seek comment on 
other changes to our numbering administration policies for all 
providers that may aid in our efforts to combat robocalls. We propose 
these actions pursuant to the Commission's broad numbering 
administration authority under the Communications Act of 1934, as 
amended (the Act), and in furtherance of our work implementing Section 
6(a) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement 
and Deterrence (TRACED) Act.

I. Notice of Proposed Rulemaking

A. Expanding Certification and Disclosure Requirements Beyond Service 
Providers With Direct Access Authorizations

    1. In the Third VoIP Direct Access Report and Order (91 FR 7153), 
we observed that previously adopted certification and information 
disclosures for interconnected Voice over internet Protocol (VoIP) 
direct access applicants (of which the robocall certifications are 
part) ``have provided much needed transparency and enhanced the 
Commission's enforcement mechanisms against potential bad actors 
seeking to exploit numbering resources and the authorization process.'' 
We reasoned that extending these obligations to preexisting direct 
access authorization holders and then-pending applicants ``ensure[s] 
that our ongoing actions targeting illegal robocalling and spoofing, as 
well as safeguards for national security and public safety, have a 
greater impact and are consistently applied.''
    2. For the same reasons, we now propose to further extend the 
robocall certification requirements to all service providers that 
receive numbering resources directly from the North American Numbering 
Plan Administrator (NANPA), not just interconnected VoIP providers, and 
also to resellers of telephone numbers. These certification 
requirements should apply uniformly and not just to interconnected VoIP 
providers with direct access authorizations, just as many of our 
robocall rules themselves apply equally to all voice service providers. 
Further, given the role that at least some resellers of telephone 
numbers have played in enabling robocalling, it is likely necessary to 
apply the certification requirements to resellers as well, thereby 
closing a transparency gap in the numbering ecosystem.
    3. We propose to level the regulatory playing field so that all 
entities obtaining numbering resources directly from the NANPA, and 
resellers of telephone numbers, must abide by certain certifications 
currently required of interconnected VoIP direct access applicants, 
comprehensively applying robocall-related certifications to the full

[[Page 25314]]

spectrum of service providers obtaining and using numbering resources. 
We propose to define resellers of telephone numbers as all local 
exchange carriers (LECs), commercial mobile radio service (CMRS) 
providers, and interconnected VoIP providers reselling or seeking to 
resell services that include the provisioning of geographic numbering 
resources other than pseudo-ANI. We propose to exclude providers of 
Video Relay Service (VRS) and internet Protocol Relay Service (IP 
Relay)--two forms of Telecommunications Relay Services (TRS), that 
receive numbering resources indirectly--to the extent that any such TRS 
providers could be considered LECs or interconnected VoIP providers. 
(TRS are not within a specific category of defined communications 
services, rather they are referred to as telephone transmission 
services, and defined by function.) Use of numbering resources for TRS 
purposes are closely overseen, with numbers assigned to registered 
users in the United States, whose identities are verified. The numbers 
must be entered into the TRS Numbering Directory, and payments to TRS 
providers are conditional on providers reporting the use of those 
numbering resources for review by the TRS Fund administrator.
    4. Specifically, we propose to extend the robocall-related 
certification obligations in Sec.  52.15(g)(3)(ii)(C) and (D), 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. (By definition, this would, among others, include 
service providers that have received waivers of the requirement in 
Sec.  52.15(g)(2) that an applicant for numbering resources is 
authorized to provide service in the area for which the numbering 
resources are requested.) 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. We propose to 
apply these requirements on the basis of individual Operating Company 
Numbers (OCNs) for service providers obtaining numbering resources from 
the NANPA and on the basis of FCC Form 499 Filer IDs for resellers of 
telephone numbers. (An Operating Company Number (OCN) is a four-
character code used to identify telecommunications service providers 
and is the basis on which numbering resources are assigned. See ATIS, 
Industry Numbering Committee, Thousands-Block and Central Office Code 
Administration Guidelines (2025-09), (INC TBACOCAG Guidelines), ATIS 
0300119, at 177 (Sept. 26, 2025), https://access.atis.org/higherlogic/ws/public/document?document_id=84025. The National Exchange Carrier 
Association assigns all OCNs.) Certifications would be filed in a 
newly-created intake docket in the Commission's Electronic Comment 
Filing System (ECFS) similar to that used for the certifications 
required by the Direct Access Third Report and Order. Service providers 
would also have to submit copies of their certification filings to the 
NANPA along with already-required qualification information, such as 
proof of authorization, when requesting initial numbering resources.
    5. We seek comment on this proposal. Do commenters agree that 
robocall certification obligations should be extended as we propose? Is 
the proposed scope of service providers potentially subject to these 
obligations appropriate? Specifically with respect to TRS providers, is 
it necessary to require the direct access robocall certifications? Is 
there a better approach concerning these providers and robocall-related 
certification requirements? More generally, is there any reason to 
distinguish robocall certification obligations between different types 
of service providers? (Specifically with respect to resellers of 
telephone numbers, state commissions have observed a pattern of holders 
of Commission-issued interconnected VoIP direct authorizations losing 
their access to new numbering resources by failing to comply with state 
law, and then nonetheless continuing to obtain numbering resources 
indirectly through wholesale providers. National Association of 
Regulatory Utility Commissions, Perspectives and Recommendations on How 
Telephone Number Conservation Can be Enhanced to Extend the Life of the 
North American Number Plan (NANP) and Reduce Illegal Robocalling 
Activity at 11 (adopted Feb. 11, 2026) https://pubs.naruc.org/pub/0CFAB9E5-CC00-D558-D278-2CBA85370EB1. If accurate, this would seem to 
indicate potential use of the wholesale market to circumvent legal and 
regulatory compliance obligations. As such, this suggests the need to 
extend certain compliance obligations to resellers of telephone 
numbers.) Should the new certification obligations only be one-time and 
filed by the method proposed? Would the certification process be overly 
burdensome? If commenters believe so, they should state with 
specificity why, and provide cost and time estimates. We also seek 
comment on our definition of reseller of telephone numbers. Is it 
sufficiently broad, or perhaps overly broad? Is there greater clarity 
that we should provide regarding when an entity is an end user and when 
it is not? In commenting on the definition of reseller of telephone 
numbers and as a general matter, we request that commenters provide 
whatever information they deem useful in describing the mechanics of 
how numbering resale works. In addition, we seek comment on whether 
wholesale providers should be responsible for ensuring that resellers 
of their telephone numbers have submitted certifications and whether 
the failure of any of their resellers to do so should be grounds for 
suspension of a wholesale provider's right to obtain further numbering 
resources. (Such resellers could be identified on the wholesale 
provider's Numbering Resource Utilization/Forecast (NRUF) form.)
    6. We acknowledge that Sec.  52.15(g)(3)(ii) of our rules requires 
interconnected VoIP applicants for direct access authorizations to 
certify compliance with obligations and information disclosure 
requirements that are unrelated to robocalls. These are not included in 
our proposal, with two exceptions--a foreign ownership certification 
and a general procedural requirement addressing truthful certifications 
as described below. Those other certifications required of 
interconnected VoIP providers that we omit from our proposal largely 
fill potential compliance gaps unique to the regulatory status of 
interconnected VoIP providers, and do not seem relevant to LECs, CMRS 
providers, and resellers of telephone numbers.
    7. At the same time, we are also mindful of the risks of foreign 
adversaries engaging in widespread and coordinated efforts to exploit, 
attack, and otherwise compromise the integrity of U.S. communications 
networks--risks that the Commission has been working diligently to 
address. Because of the importance of our foreign ownership rules and 
their evolving

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nature, including as safeguards against illegal robocalls, we propose 
to require all service providers that receive numbering resources 
directly from the NANPA, as well as resellers of telephone numbers, to 
certify compliance with our foreign ownership reporting rules as 
applicable, specifically Sec. Sec.  1.80003(a), (j), and (l), 22.5, 
24.404(b), 63.18(h) and (i), and 90.115. Under this proposal, these new 
obligations would also apply to current and future holders of 
Commission interconnected VoIP direct access authorizations. Holders of 
such authorizations as of the effective date of any foreign ownership 
certification requirement would have 30 days to comply.
    8. Do commenters agree that we should omit the other non-robocall-
related obligations and information disclosure requirements in Sec.  
52.15(g)(3)(ii) from those which we would be requiring on an expanded 
basis? If not, which certifications do commenters suggest we include 
and why? For example, do commenters believe that we should include 
52.15(g)(3)(ii)(I) (relating to filing FCC Forms 477 and 499) or 
52.15(g)(3)(ii)(J) (relating to Universal Service Fund, 
Telecommunications Relay Service and NANP and local number portability 
administration contribution obligations)? Do commenters support adding 
a certification regarding foreign ownership in addition to those 
already required? If not, why not? Should the list of rules referenced 
in the proposed certification be expanded or contracted?
    9. Finally, if we adopt any new certification obligations, we 
propose that they also include the declaration required in Sec.  
52.15(g)(3)(ii)(N), that, as pertinent here, the certifications are 
true ``under penalty of perjury pursuant to Sec.  1.16'' of the 
Commission's rules. We seek comment on this proposal.
    10. Do commenters agree with our proposed method of implementation? 
Specifically, is 30 days sufficient time to comply with these new 
obligations for current providers of record of numbering resources? For 
service providers that would obtain numbering resources for the first 
time, or resellers of telephone numbers initiating their businesses, is 
providing the certification at least 30 days prior to requesting 
numbering resources overly burdensome? We invite commenters to propose 
alternatives. In addition, we seek comment on whether we should 
establish a later implementation deadline for current providers of 
record that are small entities and, if so, what it should be and how we 
should define small entities for such purposes.

B. Preventing Resale Practices From Obstructing Robocall Enforcement

1. Enhancing Wholesale Reporting Requirements
    11. In this section, we seek comment on new tools for the 
Commission, state regulators, and the NANPA to better track numbering 
resource utilization, enhancing the ability to measure numbering 
resource exhaust, and misuse, including robocalls. In particular, we 
seek comment on modifying the existing NRUF report form (FCC Form 502) 
reporting requirements to better support mitigation and enforcement 
efforts against illegal robocalls, as well as to inform numbering 
administration and policy development.
    12. Current NRUF Reporting Obligations. The NANPA, Commission, and 
state regulators use NRUF reports to track and analyze numbering 
resource utilization and exhaust for purposes of area code and other 
planning, and are increasingly using that data to target numbering 
resource misuse including robocall campaigns. The North American 
Numbering Council (NANC) accurately observed that ``[t]his reporting 
enables NANPA and regulators to maintain accurate records of number 
utilization and anticipate future needs, while assessing trends, 
therefore ensuring that numbering resources are efficiently allocated 
and preventing the exhaustion of available numbers.''
    13. The Commission's numbering rules require telecommunications 
carriers, which includes interconnected VoIP providers for purposes of 
Part 52 of the Commission's rules, to submit numbering resource 
utilization and forecast data to the NANPA twice per year. Those 
reporting must do this by submitting a completed NRUF form. For each 
block of numbers obtained, the reporting provider must submit 
utilization data in five mutually exclusive categories: administrative, 
aging, assigned, intermediate, and reserved. Intermediate numbers are 
most relevant to this proceeding because they relate to reselling 
relationships and potentially can provide information about the chain 
of custody of specific numbers and overall usage patterns. Under our 
current rules, intermediate numbers are defined as ``numbers that are 
made available for use by another telecommunications carrier or non-
carrier entity for the purpose of providing telecommunications service 
to an end user or customer.'' This is in contrast to assigned numbers, 
which are numbers that ``ha[ve] been assigned to a specific end-user or 
customer.'' The Commission has made clear that, at least until the 
pertinent number has been assigned to an end user or is ported, 
``numbers provided to carriers, interconnected VoIP providers, or other 
non-carrier entities by numbering partners should be reported as 
`intermediate,' and do not qualify as `end users' or `customers.'''
    14. Under our rules, during the period in which a number is 
reported as intermediate by the provider of record, the receiving 
party, if it is itself a reporting provider, is required to report the 
number on its NRUF form, categorizing such number in the same manner as 
with any other numbers in its inventory. Thus, a reporting provider 
that is receiving the intermediate number would report the number 
according to how it is utilizing it, in one of the five categories 
depending on the circumstances--administrative, aging, assigned, 
reserved, or intermediate. On the other hand, intermediate numbers 
received by an entity that is not a reporting provider need only be 
reported by the reporting provider providing those numbers to such 
entity (reporting them as intermediate numbers).
    15. Industry guidelines detail additional information that 
reporting providers must include when reporting intermediate numbers, 
stating that the reporting provider ``shall provide the name and 
contact information to the NANPA of the telecommunications carriers 
that have received the Intermediate numbers.'' Specifically, the NRUF 
form instructions state that a provider reporting provision of 
intermediate numbers should ``enter the name of the entity to which 
[it] gave numbers'' in the Notes/Assignee field, and the provider 
reporting the receipt of the intermediate numbers should ``enter the 
name of the entity from which [it] received numbers.''
    16. The NANC and state commissions have raised several concerns 
regarding NRUF reporting compliance, particularly regarding 
intermediate numbers. They assert that lack of compliance with the 
Commission's NRUF reporting rules makes it difficult or impossible to 
know how numbering resources are ultimately being used, or to calculate 
exhaust, and, ``contribute to the limited visibility into the full 
scale of number utilization in the secondary market.'' These problems 
are magnified where ``the wholesale of telephone numbers may be layers 
deep.''
    17. These parties claim that many reporting providers are not 
following their intermediate number reporting obligations for several 
reasons potentially extending beyond what

[[Page 25316]]

might be characterized as deliberate non-compliance, including: (1) not 
understanding their reporting obligations or interpreting those 
obligations differently; (2) an inability to know how their numbering 
resources are being used by the downstream entity; or (3) internal 
company organization and provisioning systems that may conflict with 
the way NRUF reports are structured. NARUC claims that many service 
providers receiving intermediate numbers often do not comply with their 
obligation to file and, even when they do, do not provide the names and 
contact information of the service providers providing the numbers, in 
some cases claiming to state commission staff that privacy and legal 
concerns make them ``reluctant'' to provide this information (and 
sometimes completely refusing to do so). Further, NARUC argues that 
state commission staff have observed a ``lack of consistency and 
adequacy in the completion of the `Notes/Assignee' field [in FCC Form 
502].'' We seek comment on these assertions, any other patterns of NRUF 
non-compliance, and the effect non-compliance may have on the 
underlying goals of reporting to track numbering resource utilization 
and the right to use numbering resources.
    18. Improving NRUF Form Data. We seek comment on ways in which our 
collection of data through NRUF reports can be improved to aid 
detection of, and enforcement efforts against, illegal robocalls, as 
well as to inform numbering administration and policy development. In 
addition, we seek comment on ways that FCC Form 502 can be improved, 
generally, including aspects of the form (and related rules) that may 
impose significant costs upon private parties that are not outweighed 
by public benefits. The communications marketplace has substantially 
evolved since the five mandatory numbering resource use reporting 
categories were established roughly 26 years ago, at the dawn of 
thousands-block numbering resource assignment and long-term local 
number portability solutions, and well before the development of 
interconnected VoIP service and the proliferation of resale. Therefore, 
the intermediate number category is likely not adequately serving 
current needs for many of the reasons that the NANC and state 
commissions have identified.
    19. We propose to create a revamped set of obligations regarding 
intermediate numbers, superseding all previous rules, orders, and 
documents regarding these obligations, including FCC Form 502 and its 
instructions. Specifically, we propose to split the current 
intermediate number category into three subcategories--intermediate 
assigned, intermediate other, and intermediate available--to clearly 
describe the status of the numbers from the perspectives of both the 
provider of record (the provider that directly holds the numbering 
resources in the NANPA system) and the service provider reselling those 
telephone numbers (categorizing its numbering resources as if it had 
received them directly) when the provider of record provides its NRUF 
data.
    20. As a foundational matter, we propose to retain a definition of 
intermediate numbers, generally, that refers to numbers that the 
provider of record has made available to resellers of their telephone 
numbers for the purpose of provisioning to such resellers' end users 
(including enterprise customers), regardless of whether the numbers are 
made available on a just-in-time (as needed/ordered by the end users) 
basis or allocated to the reseller of telephone numbers as inventory 
for the latter's exclusive use. (Our proposed rule uses the shorter 
term ``reseller'' rather than ``reseller of telephone numbers,'' 
although it reflects this proposed definition.) This definition 
continues to apply to such numbers until they are no longer being 
provided by the provider of record to the reseller.
     Intermediate assigned numbers are numbers that are 
intermediate numbers and, from the perspective of the reseller, 
assigned numbers.
     Intermediate other numbers are numbers that are 
intermediate numbers and, from the perspective of the reseller, either 
administrative numbers, aging numbers, intermediate numbers used for 
further resale, or reserved numbers.
     Intermediate available numbers are intermediate numbers 
that, from the perspective of the reseller, are available numbers. This 
category would not need be to reported, just as providers are not 
required to report available numbers--intermediate available numbers 
would be a residual subcategory, that could be derived mathematically 
from the other subcategories within intermediate numbers.
    21. We propose that the provider of record bear the burden of 
determining the status of its intermediate numbers by obtaining any 
necessary information from the service providers reselling its numbers. 
Providers of record are presumptively fully capable of updating their 
wholesale contracts to require their receipt of such information from 
their resellers--particularly on the mere biannual basis that NRUF 
reporting requires. If providers of record are unable or unwilling to 
fulfill this requirement, it suggests they may not have sufficient 
knowledge of their resellers. In such cases, we propose treating their 
NRUF forms as deficient. We also propose to codify the obligation for 
reporting providers to identify their resellers (if any) on FCC Form 
502 and provide meaningful contact information for such customers.
    22. Specifically, we propose to modify FCC Form 502 to create 
clearly labeled entries for the name and contact information for each 
reseller which would include the reseller's FCC Form 499 Filer ID and, 
if available, OCN. We seek comment on the extent to which it is 
feasible to create a method by which information could be clearly 
provided when multiple resellers receive numbers in a particular block, 
such as a means by which individual ranges of numbers within a block 
could be indicated. We propose to use the same definition of reseller 
of telephone numbers for the purpose of NRUF reporting as we propose 
for expanding the certification obligations discussed in Section III, 
above. Is this definition appropriate for NRUF purposes? Is our 
presumption correct that providers of record are fully capable of 
updating their wholesale contracts to require provision of such 
information from their resellers on a biannual basis?
    23. Creating three intermediate number subcategories should serve 
to significantly reduce the potential for confusion and omissions in 
NRUF reporting of numbering resources provided to resellers, as 
identified by the NANC and state commissions. Do commenters agree? 
These differentiated categories should also serve to present useful 
information to the NANPA and for enforcement efforts and policymaking. 
Do commenters agree? What suggestions, if any, do commenters have for 
how this proposal could be improved?
    24. Should we adopt additional mandatory reporting subcategories to 
better track the ways in which numbers are being used? For example, 
should we adopt a specific subcategory to report numbers offered for a 
trial period or for numbers used for cycling to ensure that their use 
is adequately tracked? If so, how should such a subcategory be defined? 
Should we require providers to file reports on some or all of the 
subcategories of numbers on which providers currently must only keep 
internal reports? Should we adopt other reporting subcategories?
    25. As part of proposing these new subcategories, we also propose 
to update the method of calculating the numbering resource utilization 
level used to determine whether a service provider has met the required 
75%

[[Page 25317]]

utilization threshold for its existing inventory, that allows it to 
request additional numbering resources in a geographic area. Today, the 
75% threshold only includes assigned numbers. We seek comment on 
whether intermediate assigned numbers should also be included in 
calculating utilization levels.
    26. How do commenters suggest that the Commission ensure the NANPA 
receives information about numbers provided to resellers? Should such 
resellers be required to identify themselves as resellers and, if so, 
should they be required to identify the source of particular numbers? 
Do commenters agree that providers of record should bear the burden of 
collecting information from their resellers? Are there any facts of 
which we should be aware regarding particular reseller relationships, 
such as facilities-based wireless providers with mobile virtual network 
operators (MVNOs), for which we should account in any reporting 
requirements we adopt? (Regulatory fees for CMRS providers have 
traditionally been based on the quantity of numbers reported as 
assigned numbers.)
    27. Further, we seek comment on whether resellers, regardless of 
whether they already obtain other numbering resources directly from the 
NANPA, should be required to file their own NRUF reports. Should all 
resellers of telephone numbers be required to categorize numbers they 
resell as intermediate numbers (by the proposed three intermediate 
number subcategories), just as providers of record report such numbers, 
regardless of if and how they currently report them? If the NRUF form 
were adequately revised, it may be possible to cross-check how 
reporting providers and resellers are reporting the same telephone 
numbers. This ability to cross-check may have benefits in measuring and 
increasing the accuracy of usage statistics, enhancing numbering 
management, and enabling and supporting enforcement actions against 
those who abuse numbering resources. Do commenters agree with these 
potential benefits? We acknowledge that our rules envision recipients 
of intermediate numbers to include ``non-carrier entities,'' such as 
retail dealers and unified messaging providers. If we were to require 
resellers of telephone numbers to file NRUF reports, should non-carrier 
entities be included? Does our jurisdiction under Section 251(e)(1) 
extend to such entities? Would it be more efficient for the Commission 
to focus its scrutiny and enforcement efforts on LECs, CMRS providers, 
and interconnected VoIP providers, holding such entities responsible 
for knowing their customers and gathering adequate data from such 
customers, rather than to also require non-carrier entities to file 
NRUF reports?
    28. Are there other changes that we should make to NRUF reporting 
requirements? Is the current reporting cycle of every six months an 
appropriate interval? Are there additional steps we should take to 
ensure the veracity and accuracy of NRUF reporting that might also 
later serve as the basis for numbering audits? Should we create an 
expedited method by which the NANPA, at the direction of the Wireline 
Competition Bureau (Bureau), may obtain supporting information for a 
service provider's usage forecasts? The NANPA, Commission staff, and 
state commissions have experienced difficulty contacting service 
providers that only provide one point of contact in the NANPA system. 
Should all service providers be required to provide a backup point of 
contact? Currently, the NANPA has the authority to withhold additional 
numbering resources from service providers that fail to file NRUF 
reports. The NANPA would not, however, have this remedy available for 
resellers that fail to file NRUF reports, but do not directly obtain 
numbering resources. We invite commenters to suggest appropriate 
remedies. For example, if a reseller of telephone numbers fails to file 
NRUF reports, would it be reasonable for the NANPA to withhold 
additional numbering resources from any affiliates under common 
ownership or control with such reseller that receive numbers directly 
from the NANPA? Should the service provider supplying the numbering 
resources to the reseller have additional numbering resources withheld?
    29. Finally, we note that the local number portability databases 
(comprising the National Portability Administration Center or NPAC) 
enable a parallel reporting scheme for resellers of telephone numbers 
in which the current service provider for a ported number can enter an 
identification code for resellers of their service, such as MVNOs. 
Reporting this code in the ALTSPID data field is currently optional. As 
part of our proposals to increase visibility into resale relationships, 
we propose to take the related action of directing the Local Number 
Portability Administrator to make entries in the ALTSPID field 
mandatory when a reseller relationship exists for the ported number. 
Especially with resale now increasingly prevalent, it is important that 
the Commission be able to determine the manner in which service is 
provisioned on ported numbers when porting difficulty arises. For 
example, we are increasingly concerned about scenarios in which an 
interconnected VoIP reseller fails to pay its wholesale supplier of 
numbers and the reseller suddenly goes out of business, leaving its 
retail customers without the usual means of porting their telephone 
numbers elsewhere, and we seek to use any means at our disposal to aid 
these consumers. Not only do interconnected VoIP providers reselling 
the service of numbering partners or other interconnected VoIP 
providers have obligations to facilitate ports, but so do the 
facilities-based providers through which they get the numbers.
    30. We recognize that our NRUF reporting proposals, if adopted, 
would not exist in a vacuum. Industry guidelines and procedures would 
need to be adapted, as would NANPA systems. In light of this, we 
propose that any changes or clarifications of reporting that we adopt 
would apply to the first NRUF reporting period starting at least 12 
months after the effective date of the order promulgating these rules. 
(Thus, for example, if the pertinent order were to become effective 
March 26, 2027, numbers the new categories would apply to the NRUF 
reporting period of July 1, 2028 through December 31, 2028, for which 
NRUF reports would be due February 1, 2029.) This will ensure 12 full 
months of guideline and system development by the NANPA before 
reporting providers would begin using the new definitions in their 
systems. We seek comment on this proposed implementation timeline and, 
in addition, we seek comment on whether we should establish a later 
implementation deadline for current providers of record that are small 
entities and, if so, what it should be and how we should define small 
entities for such purposes.
    31. We invite commenters to propose alternatives and other 
improvements to NRUF reporting requirements. Are there better means of 
tracking the chain of custody of numbering resources, such as, perhaps, 
new databases that could be established (perhaps using distributed 
ledger technology such as blockchain) or changes that could be made to 
existing databases to improve this? If so, we seek information on these 
alternatives and other improvements, including the cost of such options 
and how long they would take to implement. Are there industry efforts 
already underway that could be useful in this regard? If so, what are 
they and what is the expected timeline and cost for their development 
and implementation?

[[Page 25318]]

    32. Finally, in addition to the proposals and matters on which we 
seek comment described above, we also propose to make housekeeping 
edits within Sec.  52.15 of the Commission's rules. These include 
correcting the definition of the utilization threshold to cross-
reference the current location of the definition of how utilization is 
to be calculated, removing references to events that have already 
passed, and changing outdated references to the Common Carrier Bureau 
to reference the Bureau. We seek comment on these proposed edits as 
well.
2. Limiting Resale of Numbering Resources to a ``Single Level''
    33. Numbering resale makes illegal robocall enforcement more 
difficult because it can mask the parties in interest, as well as the 
parties with relevant data. This problem is magnified when there are 
multiple levels of resale. We are also concerned that the more remote 
the party providing the number to the end user is from the full set of 
requirements imposed on service providers directly drawing numbering 
resources, the worse steward it will be of such resources. The former 
NANC had observed the challenges posed by multiple levels of resale in 
observing that ``[e]ach layer of resale introduces additional 
challenges to visibility regarding where multiple providers are in the 
use of numbers, as secondary providers may not always be required to 
provide detailed reporting on numbers associated with the wholesale 
services purchased from upstream providers.''
    34. Robocall enforcement actions have often involved multiple 
layers of resale. For example, Avid Telecom, the collection of entities 
serving as defendants in an Anti-Robocall Multistate Litigation Task 
Force action that involved roughly 20 billion unwanted calls in just 
over a four-year period, was not itself a direct recipient of numbering 
resources from the NANPA, and, held itself out as a wholesale provider. 
The Task Force's complaint against Avid Telecom referenced additional 
levels of resale in the robocalling scheme. Indeed, FCC Enforcement 
Bureau staff encounters multiple levels of reselling numbers in the 
majority of its robocall investigations.
    35. 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. Are service providers directly receiving numbering resources 
from the NANPA capable of adequately enforcing this limitation 
contractually through resale restrictions in their wholesale contracts? 
Do all or virtually all wholesale contracts include change of law 
clauses that could accelerate implementation if we were to amend our 
rules to add this limitation? We seek comment on whether to enforce 
this restriction against both the service provider who received the 
numbers directly from the NANPA and the entity which received them from 
the service provider and is reselling in violation of the restriction, 
and whether to hold both entities jointly and severally responsible in 
any enforcement actions. Are there other means by which such a 
restriction could be enforced such as, for example, by state 
commissions? Also, what would be an appropriate time period for 
implementing such a restriction?
    36. What are the drawbacks of limiting resale to a single level of 
numbering resources? Do resellers of telephone numbers below the first 
level perform any uniquely useful and competitive function that is 
meaningful in the voice communications marketplace? If so, what is it? 
Is there an alternative way to achieve the same goals that restricting 
resale to a single level may achieve, assuming that resellers do not 
have their own NRUF reporting obligations? Could a system in which 
wholesale providers must register their relationships with resellers of 
their telephone numbers with the Commission serve to meet at least some 
of these goals? Should we hold the resellers responsible for all 
violations of the Commission's rules committed with the numbers they 
resold? Would that provide the correct incentives to conduct due 
diligence and only resell numbers to trustworthy numbering partners?
    37. We seek comment on whether restricting resale of numbering 
resources to a single level may conflict with existing statutory 
obligations. The Commission has previously concluded that restricting 
resale of fixed common carrier communications services generally is an 
unjustly discriminatory practice, classification, and regulation under 
Section 202(a), which is unlawful under Section 201(b). In addition, 
Section 251(b)(1) of the Act (and Sec.  51.603 of our rules) imposes a 
duty on all LECs not to ``prohibit, and not to impose unreasonable or 
discriminatory conditions or limitations on, the resale of [their] 
telecommunications services.'' At the same time, we note that Section 
6(a) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement 
and Deterrence (TRACED) Act grants the Commission broad authority to 
take sufficient steps to reduce access to numbers by potential 
robocallers. We seek comment on what actions, if any, the Commission 
may have to take regarding Sections 201(b), 202(a), and 251(b)(1) of 
the Act, and in potentially modifying Sec.  51.603 of our rules, to 
effectuate limiting resale of numbering resources to a single level. 
For example, would such a limitation be reasonable under Section 6(a) 
of the TRACED Act, and therefore fully compliant with Sections 201(b) 
and 251(b)(1)?

C. Other Potential Measures To Strengthen Numbering Policies To Combat 
Robocalls

1. Addressing Number Cycling
    38. We seek comment on whether or how the Commission should address 
robocalling that uses number ``cycling'' (or ``rotation'')--the use of 
a typically large quantity of telephone numbers, each used on a 
rotating basis as few as one or two times, often assigned by service 
providers to end users on a short-term or ``trial'' basis. An illegal 
robocaller may be motivated to use number cycling as a way to evade 
provider and third-party analytics that flag numbers commonly used for 
placing robocalls, causing calls from such numbers to be blocked. The 
practice of number cycling can be particularly nefarious because calls 
originating with cycled numbers can receive the highest STIR/SHAKEN 
attestation level as if they were legitimate calls, as distinguished 
from caller ID spoofing, which STIR/SHAKEN is capable of identifying 
and preventing. Although there may be legitimate uses of number 
cycling, as discussed below, misuse of number cycling is not only bad 
for consumers, but also detrimental to numbering resource management 
and conservation efforts.
    39. According to data from voice security and intelligence company 
Hiya, 18% of all reported unwanted calls in

[[Page 25319]]

the United States originate from numbers with minimal call history. The 
scale of some number cycling campaigns can be enormous. In enforcement 
actions against robocalling operations involving number cycling, 
robocallers have used millions of numbers for this purpose. The Anti-
Robocall Multistate Litigation Task Force noted that one particular 
operation routed more than 4.5 billion calls in less than two years 
using 474.8 million different telephone numbers, 72% of which were used 
to make just one call. Five operations conducted by the same defendant, 
Avid Telecom, represented billions more calls and used between 71% and 
84% of the telephone numbers just once.
    40. Services enabling call cycling are readily available. One 
company, for example, states that its ``Auto Rotate Number'' service 
can ``[e]nhance your calling strategy with auto rotate number for each 
call,'' to ``[d]isplay customers a different number each time and avoid 
spam markings.'' While services enabling number cycling obviously do 
not overtly advertise their ability to aid in illegal robocall 
campaigns, their ability to enable them is apparent. Sometimes these 
services are marketed (or camouflaged) as privacy enhancing, allowing 
``you [to] avail [yourself of] ad-free services which mean that they 
will not call you for showing you their ads, they won't put your name 
at the online directories and many more,'' or allowing a business 
engaged in ``legitimate outbound operations'' to not have to rely on a 
limited quantity of outbound telephone numbers that have presumably 
been inappropriately tagged by robocall analytics.
    41. 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.'' As a result, the NANC 
observed, these legitimate callers believe that number rotation is an 
``effective and warranted countermeasure.'' 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, 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.
    42. We seek information on how frequently number cycling is used 
for illegal robocalling campaigns. How frequently is it used, not for 
illegal robocall campaigns, but rather to avoid legitimate calls from 
being incorrectly tagged as likely illegal robocalls? To what extent is 
short-term, provisional use of numbers associated with number cycling 
used for robocall campaigns? To what extent are these numbers provided 
on a ``trial'' basis? Are there legitimate reasons for a service 
provider to provide large blocks of numbers on a ``trial'' basis? And 
even if there are legitimate reasons, should there nonetheless be 
restrictions on this practice for reasons other than mitigating 
robocall activity (e.g., preventing number exhaust)?
    43. We seek comment on whether and to what extent we should develop 
rules aimed at prohibiting or limiting number cycling. It seems that in 
certain cases, potentially legitimate uses of number cycling, if there 
are any, may be the response by non-robocallers that have a need to 
avoid their telephone numbers from being incorrectly tagged by data 
analytics as illegitimate. To what extent do commenters believe this to 
be the case? We request any further detail, using concrete examples, 
that commenters are able to provide. Are potentially legitimate uses of 
number cycling even effective at achieving their goals? Are there 
ongoing improvements in call analytics that are lessening or obviating 
any legitimate need for number cycling? Do the harms of allowing number 
cycling outweigh any potentially legitimate benefits?
    44. If we were to develop rules prohibiting number cycling, how 
should it be defined, particularly if we also want to avoid barring 
number cycling that is not part of illegal robocall campaigns? What 
parameters do commenters suggest? Should we prohibit the provision of 
trial numbers? If so, how would we define the provision and use of 
trial numbers and how would compliance be monitored? Are there readily-
available statistical indicia of number cycling, such as a service 
provider reporting a large quantity of telephone numbers from the same 
number blocks as disconnected in the Reassigned Numbers Database? Are 
trial numbers being aged for the minimum 45 days and being reported in 
the Reassigned Numbers Database?
    45. Should both wholesale providers and their reseller customers 
bear responsibility for compliance under any number cycling and trial 
numbers rules that we might adopt? Should responsibility be limited to 
service providers that receive numbers directly from the NANPA, or to 
all service providers in the chain? Do multiple layers of resale 
exacerbate misuse of cycled numbers? We invite suggestions for any 
similar or alternative approaches to addressing illegal robocall-
enabling number cycling and issues with trial numbers. We also seek 
comment on the appropriate implementation period for any rules that we 
may adopt regarding these issues. In addition, we seek comment on 
whether we should establish a later implementation deadline for current 
providers of record that are small entities and, if so, what it should 
be and how we should define small entities for such purposes.
2. Removing Administrative Barriers to Stopping Numbering Fraud and 
Abuse
    46. We seek comment on new ways the Commission, with assistance 
from the state commissions and the NANPA, can better identify 
fraudulent use and misuse of telephone numbers. As recent state 
commission filings demonstrate, the state commissions and the NANPA are 
often the first line monitors and detectors of abuse, and we seek 
comment on how we can empower them to act.
    47. Increasing State Commission Access to NRUF Data. First, we seek 
comment on expanding the numbering data available to state commissions 
to enable them to better assist our efforts to fight robocalling and 
other abuses of numbering resources. Since the 2000 Numbering Resource 
Optimization First Report and Order (65 FR 37709) establishing NRUF 
reporting, state commissions have had access to service provider-
specific disaggregated data to ``effectively carry out number 
administration duties'' delegated to them. The Commission concluded 
that if state commissions did not have access to numbering data ``their 
ability to carry out these delegations of authority would be hampered . 
. . .'' This includes, among other things, deciding whether to affirm a 
NANPA determination that numbering resources should be withheld because 
of a failure to file accurate or timely NRUF data. The Commission 
initially granted state commissions access to this data subject to 
confidentiality protections. The Numbering Resource Optimization Third 
Report and Order (67 FR 6434) then granted state commissions 
``password-protected access to the NANPA database'' again subject to 
confidentiality protections. The Commission, however, restricted state 
commission access to data from the rate centers and area codes within 
that state as ``a further measure of protection for such data . . . .''
    48. Given the evolution and complexity of today's numbering 
marketplace, and the often attenuated

[[Page 25320]]

relationship between the geographic location of an area code and the 
geographic location of the calling party using a number from that area 
code, we now seek comment on revisiting our decision barring state 
commission access to out-of-state provider-specific disaggregated NRUF 
data. We seek comment on whether out-of-state access will allow the 
state commissions, the NANPA, and the Commission to work better 
together to identify patterns in the NRUF data to identify bad actors 
abusing numbering resources, and could provide the necessary tools 
allowing state commissions to take more direct action to withhold 
numbering resources, as outlined below. Are there state or federal data 
protection or privacy laws and rules that would preclude expansion of 
state commission access to NRUF data? What additional confidentiality 
protections, if any, should we impose on such expanded access?
    49. We seek specific comment on whether and to what extent we 
should put any limits on state commission access to out-of-state 
provider-specific disaggregated data. For example, should we allow one 
state (State A) to obtain NRUF data related to another state (State B) 
only if the data in State B relates to the same provider or an 
affiliate of the provider operating in State A? Would any other access 
limit be appropriate? Does the NANPA currently collect sufficient 
information on the NRUF form to be able to segregate data in this 
manner and only display the data that a state commission would be 
entitled to see? If not, should the Commission modify the NRUF form in 
some fashion and/or direct the NANPA to change its system to allow for 
that? (We note that such a change would likely require an increase in 
the contract price.) What, if any, other data would need to be 
collected in the NRUF reporting to support appropriate data 
segregation? Should we instead not impose any limits on state 
commission access to out-of-state numbering data other than the 
existing confidentiality requirement? We believe that doing so would 
make administration of state commission access easier because there 
would be less need and burden to tailor access by state commission and 
provider. However, it may raise additional confidentiality and data 
protection concerns. We seek comment on the balance of the benefits and 
drawbacks of broad state commission access.
    50. Observing that Section 251(e)(1) of the Act states that the 
Commission has the authority to delegate any portion of its 
jurisdiction under the provision to ``[s]tate commissions or other 
entities,'' we also seek comment on whether and to what extent we 
should provide the same access to other state entities, such as state 
attorneys general. Should state attorneys general have access to 
provider-specific disaggregated NRUF data only on request and for 
certain specific purposes? What other restrictions, if any, should be 
placed on state attorney generals or other state entities' access to 
numbering data? How much time should we allow for implementation if we 
expand access in this manner?
    51. Additional Bases for Withholding Numbering Resources for 
Violation of Commission Rules and Orders. We next seek comment on 
whether and under what circumstances we should delegate to state 
commissions greater authority to restrict access to numbering resources 
beyond what is currently in our rules. Specifically, we seek comment on 
delegating to the state commissions the authority to direct the NANPA 
to deny a service provider access to additional numbering resources in 
that state for violating our number reporting rules. (Currently, states 
only have a role in reviewing NANPA's decision to withhold numbering 
resources.) We seek comment on whether state commissions may, in some 
cases, be in the best position to determine whether providers are 
submitting accurate and complete NRUF reports because of their 
familiarity with the providers and circumstances in their state. If 
state commissions are granted authority to deny access to numbering 
resources in the first instance, should we create a specific process 
that would entail notice in writing by the state commission to the 
Commission, the NANPA, and the service provider setting forth the 
grounds for the denial, and allow the provider whose resources are 
withheld by state commission action to appeal that determination to the 
Bureau or the full Commission? Should state commissions have to meet a 
particular burden of proof or make certain showings prior to directing 
the NANPA to withhold numbering resources in the first instance? How 
should such decisions to withhold numbering resources be reversed, 
should the state commission find reason to do so?
    52. We also seek comment generally on whether there are any other 
additional bases under which the Commission or state commissions should 
have the ability to direct the NANPA to withhold numbering resources. 
For example, should we adopt a rule providing that adjudicated 
violations directly related to the use and abuse of numbering 
resources, such as a violation of the Commission's ``robocall blocking 
rules,'' will result in withholding of numbering resources? What about 
other violations or reasons?
    53. Should the Commission and, potentially, state commissions have 
the discretion to direct the NANPA to withhold numbering resources 
based on indicia of fraud or misuse of numbering resources that may 
fall short of a final Commission or state commission determination of a 
rule violation? For example, should the number of tracebacks over a 
certain period of time serve as grounds for directing the NANPA to 
withhold numbering resources? We note that the Commission declined to 
adopt a high number of tracebacks as a trigger for removal from the 
Robocall Mitigation Database, finding that it is ``not always the 
case'' that a high number of tracebacks is ``evidence of malfeasance.'' 
However, tracebacks or similar indicia of fraud may be more appropriate 
in the context of withholding numbering resources, particularly where 
the sanction may be temporary and it would not have the same effect as 
would a removal from the Robocall Mitigation Database. We seek comment 
on that belief. Should receipt of a ``Notification of Suspected Illegal 
Traffic'' pursuant to 47 CFR 64.1200(n)(2) be considered an adequate 
indicium of fraud for these purposes? Are there any other indicia of 
fraud or number misuse that would be appropriate to serve as a trigger 
for withholding? Under what circumstances should the targeted entity be 
able to seek again new numbering resources if they are ``cleared'' of 
fraud or misuse? To what extent may suspected fraud be attributed to an 
entire operating company enterprise rather than merely the OCN drawing 
the numbering resources on which fraud is suspected? If it should be 
attributed to an entire enterprise, how would this be done? Should this 
apply at least at the legal-entity level--all OCNs held by the same 
legal entity are subject to attribution?
    54. We seek suggestions for other means of removing administrative 
barriers to and delays in stopping numbering fraud and abuse. In 
addition, we seek comment on potential implementation timelines for the 
matters discussed above, as well as any alternatives that parties may 
suggest. Are there other matters for which we should consider granting 
state commissions broader authority in the context of numbering 
administration, to empower their efforts in combatting robocalls?

[[Page 25321]]

C. Other Changes To Numbering Administration Policy

    55. Ultimately, bad actors cannot commence illegal robocall 
activities without access to numbering resources and the bar to obtain 
such resources may be too low. Are there other changes that we could 
make to safeguard against abuse of numbering resources for illegal 
robocall purposes, in light of the massive quantity of numbering 
resources used by robocallers and the need to promote efficient use of 
finite numbering resources? Are there any other current numbering rules 
that we should consider adopting or amending to aid the fight against 
robocalls? (This is not a general request for suggested amendments to 
our numbering rules but, rather, suggestions for amendments that would 
aid the ability of the Commission, the NANPA, and state commissions to 
safeguard against abuse of numbering resources for illegal robocall 
purposes.)

IV. Costs and Benefits

    56. We seek comment on the costs and benefits associated with the 
various proposals and other potential actions described in this NPRM. 
Robocalls impose a tremendous cost that could be meaningfully lowered 
by the proposals and many of the potential actions described in this 
document. The Commission has previously found that widespread 
deployment of the STIR/SHAKEN framework will increase its effectiveness 
for both voice service providers and their subscribers, producing 
significant annual benefits due to the reduction in nuisance calls and 
fraud, as well as many non-quantifiable benefits, such as restoring 
confidence in incoming calls and ensuring reliable access to emergency 
and healthcare communications. Consistent with the TRACED Act, the 
rules we propose here are intended to help unlock those benefits.
    57. How will the benefits of these proposed rules affect the number 
of illegal robocalls that target consumers each year? Will these rules 
address some of the most harmful cases of robocalls? Will these rules 
potentially allow law enforcement an easier way to track down abusive 
robocallers and recover victim funds? Are there data sources the 
Commission can use to track changes in robocall activity? Could the 
Commission use the number of unwanted call complaints filed with the 
Consumer Inquiries and Complaints Center as a proxy for the potential 
effect of the proposed rules? As the Commission has noted, an overall 
reduction in illegal robocalls will greatly lower network costs by 
eliminating both the unwanted traffic and the labor costs of handling 
numerous customer complaints. What is the expected benefit of these 
lower network costs? What data sources can the Commission use to 
estimate the effect on traffic on the network from these proposed rule 
changes?
    58. We also believe that the proposals and many of the potential 
actions described in this document will aid in the conservation of 
numbering resources. Improving numbering resource conservation efforts 
is critical to delaying or potentially eliminating the need to incur 
future costs of improving the current numbering resources. We believe 
that more accurate data reporting will aid the Commission, state 
commissions, and the NANPA in managing numbering resources and aid the 
Commission in developing number resource conservation policy. 
Similarly, given the quantity of numbering resources consumed in number 
cycling, deterring or eliminating number cycling should also reduce 
demand for numbering resources. How should the Commission quantify the 
benefits of the potential improvement in delaying any need to expand 
the universe of numbering resources in the NANP?
    59. With regard to potential costs, we believe that the 
certifications and disclosures we propose should place minimal burdens 
on service providers and resellers of telephone numbers. We estimate 
one hour of labor for each new certification and disclosure; do 
providers agree with this estimate? If not, what is a more appropriate 
estimate for total hours of labor per certification? Staff estimate 
there are fewer than 2,400 providers that would be affected. Do 
commentators agree with these estimates? We recognize that the 
incremental cost of the additional information to be collected as a 
result of our proposed changes to NRUF reporting to be greater on a 
per-service provider basis because they likely would require changes to 
internal systems, devoting resources to collecting information from 
resellers of telephone numbers, and potential changes to the NANPA 
contract to accommodate changes to the NANPA's NRUF reporting system. 
Staff estimates indicate the costs would likely be less than $560,000 
cumulatively to providers. Do commentators agree that this is a 
reasonable estimate of potential costs of updating internal systems, 
and collecting the necessary information? If commentators disagree, 
what would be the expected costs to providers of making these changes? 
Potentially prohibiting number cycling does not appear to have 
meaningful cost, nor does empowering states to better implement our 
policies and rules. Are there any additional costs of the proposed 
rules that the Commission should consider?
    60. Certain matters on which we seek comment, but do not make 
proposals, may have higher costs, such as potential means of improving 
available data relating to resale beyond modifications to NRUF 
reporting. Further, limiting resale to a single level has the potential 
to reduce resale-based competition to a certain degree. Do commenters 
agree that the benefits of reducing illegal robocalls could still 
outweigh such potential costs?

V. Legal Authority

    61. We tentatively conclude that Section 251(e)(1) of the Act, 
which grants us ``exclusive jurisdiction over those portions of the 
North American Numbering Plan that pertain to the United States,'' 
provides us with authority to adopt our proposals and potentially take 
action on the vast majority of matters on which we seek comment. We 
seek comment on this conclusion.
    62. We intend to rely on the same Section 251(e)(1) authority on 
which we relied in the Second VoIP Direct Access Report and Order and 
Third VoIP Direct Access Report and Order (66 FR 9532) to initially 
create and expand the application of robocall certification obligations 
for our proposed extension of the robocall certification obligations to 
all direct recipients of numbering resources. The Commission's general 
NRUF reporting requirements were established in the Numbering Resource 
Optimization First Report and Order pursuant to Section 251(e)(1), and 
the proposed changes to the substance of the NRUF rules, as well 
changes to how state commissions may access such data, would be a 
continuing exercise of this authority. Section 251(e)(1) similarly 
gives us authority to apply both of these sets of requirements to 
resellers of telephone numbers in their role as service providers that 
use numbering resources. Further, Section 251(e)(1) explicitly states 
that nothing in the subsection ``preclude[s] the Commission from 
delegating to State commissions or other entities all or any portion of 
such jurisdiction.'' We propose to rely on this authority for the 
expansion of state commissions' authority regarding enforcing our 
numbering rules.
    63. We also tentatively conclude that Section 6(a) of the TRACED 
Act provides us with separate, additional

[[Page 25322]]

authority to adopt our proposals related to fighting illegal robocalls. 
Section 6(a)(1) directed the Commission to ``commence a proceeding to 
determine how Commission policies regarding access to number resources 
. . . could be modified, including by establishing registration and 
compliance obligations,'' and to ``take sufficient steps to know the 
identity of the customers of such providers [of voice services], to 
help reduce access to numbers by potential perpetrators of violations 
of Section 227(b) of the Communications Act of 1934 (47 U.S.C. 
227(b)).''
    64. The Commission commenced the required proceeding pursuant to 
the TRACED Act in March 2020. This NPRM serves an extension of that 
inquiry. Section 6(a)(2) of the TRACED Act states that ``[i]f the 
Commission determines under paragraph (1) that modifying the policies 
described in that paragraph could help achieve the goal described in 
that paragraph, the Commission shall prescribe regulations to implement 
those policy modifications.'' Because the proposals in this NPRM and 
potential actions on which we seek comment seek to reduce access to 
numbers by potential perpetrators of illegal robocalls, Section 6(a) of 
the TRACED Act provides an independent basis for the potential rule 
changes. This includes potentially limiting resale of numbering 
resources to a single level.
    65. We seek comment on these tentative conclusions. We further 
invite commenters to suggest other potential supplemental or 
independent sources of authority for any rule changes that we may make 
in this proceeding.

VI. Initial Regulatory Flexibility Analysis

    66. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Federal Communications Commission (Commission) has 
prepared this Initial Regulatory Flexibility Analysis (IRFA) of the 
policies and rules proposed in the Notice of Proposed Rulemaking (NPRM) 
assessing the possible significant economic impact on a substantial 
number of small entities. The Commission requests written public 
comments on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments specified on the 
first page of the NPRM. The Commission will send a copy of the NPRM, 
including this IRFA, to the Chief Counsel for the Small Business 
Administration (SBA) Office of Advocacy. In addition, the NPRM and IRFA 
(or summaries thereof) will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    67. Combatting illegal robocalls remains paramount among the 
Commission's consumer protection priorities. As part of its multi-
pronged effort to combat the tide of illegal robocalls, the Commission 
initiates this proceeding to evaluate whether to adopt changes to its 
numbering policy, particularly in how already-assigned numbers are used 
by service providers to further combat illegal robocalls. Although 
wireline, wireless, and interconnected Voice over internet Protocol 
(VoIP) service providers may receive numbering resources directly from 
the North American Numbering Plan Administrator (NANPA), the robocall 
ecosystem is broader because it also includes multiple levels of 
resellers that indirectly access numbering resources. In the NPRM, the 
Commission explores and proposes a broad array of solutions to 
strengthen the Commission's numbering requirements and policies, 
especially as they relate to numbering resource resellers as some of 
the most extensive illegal robocalling schemes often involve such 
resellers.

B. Legal Basis

    68. The proposed action is authorized pursuant to Sections 1, 2, 
4(i), (4)(j), and 251(e) of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 152, 154(i), 154(j), and 251(e), and Section 6(a) of the 
TRACED Act 6(a), 47 U.S.C. 227b-1(a).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    69. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act (SBA). A ``small business concern'' is one which: (1) is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
SBA. The SBA establishes small business size standards that agencies 
are required to use when promulgating regulations relating to small 
businesses; agencies may establish alternative size standards for use 
in such programs, but must consult and obtain approval from SBA before 
doing so.
    70. Our actions, over time, may affect small entities that are not 
easily categorized at present. We therefore describe three broad groups 
of small entities that could be directly affected by our actions. In 
general, a small business is an independent business having fewer than 
500 employees. These types of small businesses represent 99.9% of all 
businesses in the United States, which translates to 34.75 million 
businesses. Next, ``small organizations'' are not-for-profit 
enterprises that are independently owned and operated and not dominant 
in their field. While we do not have data regarding the number of non-
profits that meet that criteria, over 99 percent of nonprofits have 
fewer than 500 employees. Finally, ``small governmental jurisdictions'' 
are defined as cities, counties, towns, townships, villages, school 
districts, or special districts with populations of less than fifty 
thousand. Based on the 2022 U.S. Census of Governments data, we 
estimate that at least 48,724 out of 90,835 local government 
jurisdictions have a population of less than 50,000.
    71. The rules proposed in the NPRM will apply to small entities in 
the industries identified in the chart below by their six-digit North 
American Industry Classification System (NAICS) codes and corresponding 
SBA size standard. Based on currently available U.S. Census data 
regarding the estimated number of small firms in each identified 
industry, we conclude that the proposed rules will impact a substantial 
number of small entities. Where available, we also provide additional 
information regarding the number of potentially affected entities in 
the industries identified below.

                                                   Table 1--2022 U.S. Census Bureau Data by NAICS Code
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Regulated industry (footnotes specify
    potentially affected entities within a        NAICS code                SBA size standard               Total firms     Total small    % Small firms
     regulated industry where applicable)                                                                                      firms
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wired Telecommunications Carriers.............          517111  1,500 employees.........................           3,403           3,027           88.95

[[Page 25323]]

 
Wireless Telecommunications Carriers (except            517112  1,500 employees.........................           1,184           1,081           91.30
 Satellite).
Telecommunications Resellers..................          517121  1,500 employees.........................             955             847           88.69
Satellite Telecommunications..................          517410  $44 million.............................             332             195           58.73
All Other Telecommunications..................          517810  $40 million.............................           1,673           1,007           60.19
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                Table 2--Telecommunications Service Provider Data
----------------------------------------------------------------------------------------------------------------
   2024 Universal service monitoring report telecommunications          SBA size standard (1,500 employees)
        service provider data (data as of December 2023)         -----------------------------------------------
-----------------------------------------------------------------   Total # FCC
                                                                     form 499A      Small firms       % Small
                         Affected entity                              filers                         entities
----------------------------------------------------------------------------------------------------------------
Competitive Local Exchange Carriers (CLECs).....................           3,729           3,576           95.90
Incumbent Local Exchange Carriers (Incumbent LECs)..............           1,175             917           78.04
Interexchange Carriers (IXCs)...................................             113              95           84.07
Local Exchange Carriers (LECs)..................................           4,904           4,493           91.62
Local Resellers.................................................             222             217           97.75
Other Toll Carriers.............................................              74              71           95.95
Paging & Messaging..............................................              59              59          100.00
Prepaid Card Providers..........................................              47              47          100.00
Toll Resellers..................................................             411             398           96.84
Telecommunications Resellers....................................             633             615           97.16
Wired Telecommunications Carriers...............................           4,682           4,276           91.33
Wireless Telecommunications Carriers (except Satellite).........             585             498           85.13
Wireless Telephony..............................................             326             247           75.77
----------------------------------------------------------------------------------------------------------------

D. Description of Economic Impact and Projected Reporting, 
Recordkeeping, and Other Compliance Requirements for Small Entities

    72. The RFA directs agencies to describe the economic impact of 
proposed rules on small entities, as well as projected reporting, 
recordkeeping and other compliance requirements, including an estimate 
of the classes of small entities which will be subject to the 
requirements and the type of professional skills necessary for 
preparation of the report or record.
    73. In the NPRM, we propose to further extend the robocall 
certification requirements applicable to interconnected VoIP providers 
seeking direct access to numbering resources to all providers receiving 
numbering resources directly from the NANPA, including local exchange 
carriers and commercial mobile service providers, and also to all 
service providers that resell service that includes the provisioning of 
one or more telephone numbers. This would include interconnected VoIP 
providers that do not receive numbering resources through direct 
access, but through resale. We propose that all service providers 
impacted by these changes would be required to comply within 30 days of 
the effective date of the rules. Service providers intending to obtain 
numbering resources for the first time from the NANPA, as well as 
resellers intending to become operational, would be required to comply 
at least 30 days prior to submitting their first request for numbering 
resources to the NANPA or beginning to resell service. We seek comment 
on whether these compliance dates should be extended for small 
entities.
    In addition, we propose modifications to the number utilization/
forecast (NRUF) reporting requirements in the numbering resource 
utilization/forecast form to obtain more granular information regarding 
utilization, better detect irregularities, aid robocall enforcement 
efforts, and inform numbering policy development. We also propose that 
any changes or clarifications would apply to the first NRUF reporting 
period starting at least 12 months after the effective date of the 
order promulgating these rules, and seek comment on whether to 
establish a later deadline for small entities.
    74. In the NPRM, the Commission seeks comment on a number of 
matters in addition to the proposals such as restricting numbering 
resale to a single level, how our numbering policy can and should 
address robocallers that rely on number ``cycling''--going through 
large quantities of telephone numbers on a rotating basis or even just 
one time; new ways in which the Commission, with assistance from the 
states and the NANPA, can better identify fraudulent use and misuse of 
telephone numbers; and other changes that could safeguard against abuse 
of massive quantities of numbering resources to promote efficient use 
of finite numbering resources and to further deter robocalling.
    75. These proposals and matters on which we seek comment, if 
adopted, may create new or additional reporting or recordkeeping and/or 
other compliance obligations on small entities, if adopted. We estimate 
that the cost to small and other providers would be less than $560,000. 
We anticipate the information we receive in comments including, where 
requested, cost and benefit analyses, will help the Commission further 
identify and evaluate relevant compliance matters for small entities, 
including additional compliance costs such as whether small entities 
will have to hire professionals, and other burdens that may result from 
the inquiries we make in the NPRM.

E. Discussion of Significant Alternatives Considered That Minimize the 
Significant Economic Impact on Small Entities

    76. The RFA directs agencies to provide a description of any 
significant

[[Page 25324]]

alternatives to the proposed rules that would accomplish the stated 
objectives of applicable statutes, and minimize any significant 
economic impact on small entities. The discussion is required to 
include alternatives such as: ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''
    77. The NPRM seeks comment on a number of alternatives that may 
minimize the impact of the proposed rules on small entities. For 
example, we seek comment on whether to limit certain obligations to 
service providers that obtain numbering resources directly from the 
NANPA, as opposed to also including resellers. The Commission does not 
believe that there will be a significant economic impact on small 
entities if its proposals were to be adopted but nevertheless seeks 
comment on whether it should establish a later implementation deadline 
for small entities and, if so, what it should be and how we should 
define small entities for such purposes. With respect to matters on 
which the Commission does not propose action but discusses 
implementation process, the Commission similarly seeks comment on 
potential later implementation deadline for small entities.
    78. In evaluating the proposals in the NPRM, the Commission will 
fully consider the economic impact on small entities as it evaluates 
the comments filed, including comments related to costs and benefits. 
Alternative proposals and approaches from commenters will further 
develop the record and could help the Commission further minimize the 
economic impact on small entities. The Commission's evaluation of the 
comments filed in this proceeding will shape the final conclusions it 
reaches, the final alternatives it considers, and the actions it 
ultimately takes to minimize any significant economic impact that may 
occur on small entities from the final rules.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    79. None.

VII. Ordering Clauses

    80. Accordingly, it is ordered that, pursuant to Sections 1, 2, 
4(i), (4)(j), and 251(e) of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 152, 154(i), 154(j), and 251(e), and Section 6(a) of the 
TRACED Act 6(a), 47 U.S.C. 227b-1(a), this Notice of Proposed 
Rulemaking is adopted.
    81. It is further ordered that, pursuant to applicable procedures 
set forth in Sec. Sec.  1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments on the Notice of 
Proposed Rulemaking on or before 30 days after publication in the 
Federal Register, and reply comments on or before 60 days after 
publication in the Federal Register.
    82. It is further ordered that the Commission's Office of the 
Secretary, shall send a copy of this Notice of Proposed Rulemaking, 
including the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for the Small Business Administration (SBA) Office of Advocacy.

List of Subjects in 47 CFR Part 52

    Communications common carriers, Telecommunications, Telephone.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 52 as follows:

PART 52--NUMBERING

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 155, 201-205, 207-209, 
218, 225-227, 227b-1, 251-252, 271, 303, 332, unless otherwise 
noted.

Subpart B--Administration

0
2. Section 52.15 is amended by revising the introductory text of 
paragraph (f)(1), paragraphs (f)(1)(v), (f)(3)(iii), (f)(5)(i), 
(f)(6)(i) and (ii), (g)(2), (g)(3)(N) and (O), (h), (k)(3), and adding 
paragraph (l) to read as follows:


Sec.  52.15   Central office code administration.

* * * * *
    (f) * * *
    (1) Number use categories. Numbering resources must be classified 
in one of the following categories and subcategories, for which the 
reporting provider bears the burden of determining status and 
designating appropriate categorization and subcategorization:
* * * * *
    (v) Intermediate numbers are numbers that are made available for 
use by another telecommunications carrier or non-carrier entity (for 
purposes of this subparagraph (f), a reseller) for the purpose of 
providing telecommunications service, or any other service using 
telephone numbers, to an end user or customer. Numbers ported for the 
purpose of transferring an established customer's service to another 
service provider shall not be classified as intermediate numbers. 
Intermediate numbers must be further classified in one of the following 
subcategories:
    (A) Intermediate assigned numbers are numbers that are intermediate 
and, from the perspective of the reseller, assigned numbers.
    (B) Intermediate other numbers are numbers that are intermediate 
and, from the perspective of the reseller, either administrative 
numbers, aging numbers, intermediate numbers used for further resale, 
or reserved numbers. Intermediate numbers used for further resale are 
numbers that are made available for use by another reseller.
    (C) Intermediate available numbers are numbers that are 
intermediate and, from the perspective of the reseller, are available 
numbers.
* * * * *
    (3) * * *
    (iii) All data shall be filed electronically in a format approved 
by the Wireline Competition Bureau.
* * * * *
    (5) * * *
    (i) Reporting carriers shall submit to the NANPA a utilization 
report of their current inventory of numbering resources. The report 
shall classify numbering resources in the following number use 
categories: assigned, intermediate (specified as either intermediate 
assigned or intermediate other), reserved, aging, and administrative. 
Further, reporting carriers shall identify the resellers of their 
telephone numbering resources by legal name and by an identification 
code or codes specified by the Wireline Competition Bureau.
* * * * *
    (6) * * *
    (i) Reporting carriers shall file forecast and utilization reports 
semi-annually on or before February 1 for the preceding reporting 
period ending on December 31, and on or before August 1 for the 
preceding reporting period ending on June 30.
    (ii) State commissions may reduce the reporting frequency for NPAs 
in their states to annual. Reporting carriers operating in such NPAs 
shall file forecast and utilization reports annually

[[Page 25325]]

on or before August 1 for the preceding reporting period ending on June 
30.
* * * * *
    (g) * * *
    (2) Initial numbering resources. An applicant for initial numbering 
resources must include in its application:
    (i) Evidence that the applicant is authorized to provide service in 
the area for which the numbering resources are requested;
    (ii) Evidence that the applicant is or will be capable of providing 
service within sixty (60) days of the numbering resources activation 
date; and
    (iii) A copy of its filing made pursuant to paragraph (l) of this 
section. A provider of VoIP Positioning Center (VPC) services that is 
unable to demonstrate authorization to provide service in a state may 
instead demonstrate that the state does not certify VPC service 
providers in order to request pseudo-Automatic Numbering Identification 
(p-ANI) codes directly from the Numbering Administrators for purposes 
of providing 911 and E-911 service.
    (3) * * *
    (N) A certification that the applicant has fully complied, as 
applicable, with its obligations under Sec. Sec.  1.80003(a), (j) and 
(l), 22.5, and 24.404(b) (and if not applicable, explicitly state so);
    (O) A declaration under penalty of perjury pursuant to Sec.  1.16 
of this chapter that all statements in the application and any 
appendices are true and accurate. This declaration shall be executed by 
an officer or other authorized representative of the applicant.
* * * * *
    (h) National utilization threshold. All applicants for growth 
numbering resources shall achieve a 75% utilization threshold, 
calculated in accordance with paragraph (g)(4)(ii) of this section, for 
the rate center in which they are requesting growth numbering 
resources.
* * * * *
    (k) * * *
    (3) Requests for ``for cause'' audits shall be forwarded to the 
Chief of the Enforcement Bureau, with a copy to the Chief of the 
Wireline Competition Bureau. Requests must state the reason for which a 
``for cause'' audit is being requested and include documentation of the 
alleged anomaly, inconsistency, or violation of the Commission rules or 
orders or applicable industry guidelines. The Chief of the Enforcement 
Bureau will provide carriers up to 30 days to provide a written 
response to a request for a ``for cause'' audit.
    (l) Certification obligations applicable to carriers other than 
those authorized pursuant to paragraph (g)(3) of this section, and to 
resellers.
    (1) This subparagraph applies to the following:
    (A) Carriers, other than those authorized pursuant to paragraph 
(g)(3) of this section, holding or seeking to hold geographic numbering 
resources that were, or will be, obtained directly from the NANPA/PA 
other than p-ANI (for the purposes of this subparagraph, covered 
carriers);
    (B) Telecommunications carriers seeking to resell services that 
include the provisioning of geographic numbering resources other than 
p-ANI (for the purposes of this subparagraph, resellers).
    (2) Each covered carrier and reseller must file the following:
    (A) A certification that the covered carrier or reseller will not 
use numbers that it obtains to knowingly transmit, encourage, assist, 
or facilitate illegal robocalls, illegal spoofing, or fraud, in 
violation of robocall, spoofing, and deceptive telemarketing 
obligations under Sec. Sec.  64.1200, 64.1604, and 64.6300 through 
64.6308 of this chapter and 16 CFR 310.3(b);
    (B) A certification that the applicant has fully complied with all 
applicable STIR/SHAKEN caller ID authentication and robocall mitigation 
program requirements and filed a certification in the Robocall 
Mitigation Database as required by Sec. Sec.  64.6301 through 64.6305 
of this chapter;
    (C) A certification that the applicant has fully complied with its 
obligations under Sec. Sec.  1.80003(a), (j), and (l), 22.5, 24.404(b), 
63.18(h) and (i), and 90.115 (as applicable to the applicant);
    (D) A declaration under penalty of perjury pursuant to Sec.  1.16 
of this chapter that each certification is true and accurate. This 
declaration shall be executed by an officer or other authorized 
representative of the applicant.
    (3) Covered carriers not yet holding geographic numbering resources 
obtained directly from the NANPA other than p-ANI must make the filings 
required by paragraph (l)(2) no fewer than 30 days prior to its first 
initial application for numbering resources pursuant to subparagraph 
(g)(2).
    (4) Resellers that are not yet reselling services that include 
geographic numbering resources other than p-ANI must make the filings 
required by paragraph (l)(2) no fewer than 30 days prior to beginning 
to resell such service.

Subpart C--Number Portability

0
3. Add Sec.  52.38 to read as follows:


Sec.  52.38  Reporting of Resale Relationships in Number Portability 
Databases.

    Telecommunications carriers creating or maintaining records in the 
regional SMS databases for the provision of long-term database methods 
for number portability described in Sec.  52.25 shall populate all 
pertinent fields relating to resellers of their service.

[FR Doc. 2026-09134 Filed 5-7-26; 8:45 am]
BILLING CODE 6712-01-P