FCC Adopts RCC Intermediate Carrier Standards, Sunsetting Data Duties
The FCC voted 5-0 to approve a rural call completion order with few changes, as expected (see 1903140051). Democratic commissioners partially concurred, saying stronger actions are needed. The item sets "flexible" service-quality standards that require intermediate providers to take reasonable steps to ensure calls they handle are completed, a release said. "Intermediate providers will now have an obligation to take action and ensure that calls are completed," said Commissioner Brendan Carr at Friday's meeting. The order also eventually sunsets "covered" originating provider recordkeeping duties.
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The intermediate provider service-quality standards are "weak tea," Commissioners Jessica Rosenworcel and Geoffrey Starks each said. "We essentially tell them: 'complete these calls and keep an eye on each other," said Starks, in a lengthy statement.
The order completes FCC implementation of a rural call quality act, said Wireline Bureau Chief Kris Monteith. The main provisions highlighted by staff were the same as contemplated in Chairman Ajit Pai's draft. The standards require intermediate providers to "take steps reasonably calculated" to ensure the calls they handle are completed. "When intermediate providers know, or should know, of a call completion problem, they must now act to address it," Pai said.
When routing calls to rural areas, the providers must monitor performance of any directly contracted intermediate providers and address any identified problems. They must ensure intermediate providers they hand off calls to are registered with the commission. As mandated by law, there's an exception for intermediate providers qualifying for a covered provider safe harbor in existing rules. "Adoption of flexible standards, rather than bright-line rules" is "a sound direction," said Commissioner Mike O'Rielly.
The order eliminates existing call data recording and retention duties of covered providers one year after the standards take effect. "Sunsetting these outdated rules will allow covered providers to focus on complying with the monitoring and other requirements we adopted last year rather than continuing to collect and retain data that has proven to be of little use," Pai said. Relief from "unnecessary burdens" is "not only justified but imperative," O'Rielly said.
Rosenworcel said the standards lack "objective criteria that make it easy to identify when problems arise." The order doesn't do enough to address problems caused by intermediate carriers, whose registry "is not up and running," said Starks." There's "nothing" that "indicates intermediate providers have the capability to monitor rural call completion performance of other intermediate providers." He said language "limiting intermediate provider obligations to the use of 'tools available' and to using 'commercially reasonable efforts to alert' other intermediate providers" seems "like loopholes that will be irresistible to this notoriously hard-to-pin down-group."
"I won’t be surprised if we are right back here at some point ... discussing how to improve the intermediate provider service quality standards to stop rural call completion problems," Starks said. He welcomed colleagues' acceptance of his suggestion to seek comment in a year on whether the standards are working and if rural call completion problems remain. Bureau officials said there's no mandatory report attached to the comment cycle, and a "clarifying footnote" responds to long-distance provider concerns about calls handed off to foreign carriers terminating traffic overseas.
NTCA is concerned parts of the order "could open the door for backsliding with respect to rural call completion, leaving rural Americans waiting once again for calls that are placed but never arrive," said CEO Shirley Bloomfield in a statement. "With today’s elimination of the last traces of record-keeping and reporting on call completion, it will be all the more important now for the FCC to pair the new call router registry and higher-level monitoring measures with more aggressive enforcement to ensure that we don’t take steps backward.ˮ NTCA detailed concerns in a recent filing calling for stronger standards and conditioning record-keeping relief (see 1903050041).
“When a consumer places a call anywhere in the United States, they should have confidence that call will go through. Period," emailed USTelecom. "Today’s order establishes a well-balanced framework that will provide increased transparency and accountability, while avoiding unnecessary and burdensome requirements.”