FCC proposes rules and an inquiry on AI and robocalls

The FCC proposed new robocall rules and a notice of inquiry in their August open meeting. Here’s a recap.

Proposed AI rules

In their Notice of Proposed Rulemaking (NPR), the Commission describes new rules proposed to keep up with AI (Artificial Intelligence) technology and its impact on robocalls and privacy protections under the TCPA. At the same time, they do not want to hinder the potential benefits that AI can provide, especially in keeping telecommunications accessible to people with disabilities.

The NPR proposes the following rules:

• Define “AI-generated call”
• Require AI disclosure while obtaining consent and during an AI-generated call
• Provide an exemption from these rules for individuals with disabilities who make outbound calls using AI-generated voice to assist in communicating with a called party.

Here is the proposed AI-generated call definition:

AI-generated call: A call that uses any technology or tool to generate an artificial or prerecorded voice or a text using computational technology or other machine learning, including predictive algorithms, and large language models, to process natural language and produce voice or text content to communicate with a called party over an outbound telephone call.

Notice of Inquiry on AI technologies

In their Notice of Inquiry (NOI), the Commission seeks comment on the following:

• Real-time AI voice detection
  • Is the technology available or in development?
  • What steps should the Commission take to encourage this?
  • Would such technology pose privacy issues for callers and called parties?
• Privacy implications of real-time AI detection, alerting, and blocking

Comments on the NPR and NOI will be due 30 days after publication in the Federal Register. Reply comments will be due 45 days after publication in the Federal Register. These items are identified as “Implications of Artificial Intelligence Technologies on Protecting Consumers from Unwanted Robocalls and Robotexts,” CG Docket No. 23-362.

Proposed rules for the Robocall Mitigation Database

In a separate Notice of Proposed Rulemaking (NPR), the Commission proposed additional rules related to the Robocall Mitigation Database (RMD) and the Commission Registration System (CORES). These proposed rules include the following:

• Require providers to update information in CORES within 10 business days of any changes.
• Require multi-factor authentication for users to access the RMD.
• Levy forfeiture penalties for submitting false or inaccurate information
• Authorize downstream providers to block traffic from filers on notice for failure to correct filing deficiencies.

In addition, the NPR seeks comment on the following:

• Require a PIN for RMD submission
• Charge a filing fee
• Technology to scan submissions for data discrepancies and require correction before filing
• Additional steps to encourage providers to submit accurate and complete information.

Comments on the NPR will be due 30 days after publication in the Federal Register. Reply comments will be due 60 days after publication in the Federal Register. These items are identified as “Improving the Effectiveness of the Robocall Mitigation Database,” WC Docket No. 24-213, and “Amendment of Part 1 of the Commission’s Rules, Concerning Practice and Procedure, Amendment of CORES Registration System,” MD Docket No 10-234.

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