FCC Adopts Rules to Protect Emergency Service Providers from Unwanted Robocalls

The Federal Communications Commission (FCC) took steps to protect emergency service providers from unwanted robocalls that can tie up their phone lines. Consistent with the requirements of the Middle Class Tax Relief and Job Creation Act of 2012, the FCC has adopted rules establishing a specialized Do-Not-Call registry for Public Safety Answering Points (PSAPs) and prohibiting the use of robocalling equipment to contact registered PSAP phone numbers other than for an emergency purpose. PSAPs are typically 9-1-1 call centers that receive emergency calls and route them to emergency service personnel. By some estimates, hundreds or even thousands of unwanted robocalls are made to PSAPs each day, tying up public safety phone lines and diverting critical first responder resources away from the provision of emergency services.

Specifically, the new rules:

• Allow PSAPs to upload any number associated with the provision of emergency services or communications with other public safety agencies onto a specialized Do-Not-Call registry;
• Prohibit operators of robocalling equipment from using such equipment to contact any number on the registry except for an emergency purpose; and
• Adopt specific monetary penalties, as required by the Tax Relief Act, for contacting or disclosing numbers contained in the PSAP registry. Specifically, in the case of violations of the requirement prohibiting disclosure or dissemination of registered numbers, the Tax Relief Act provides for monetary penalties of not less than $100,000 per incident nor more than $1,000,000 per incident. For violations of the prohibition on robocalling numbers on the registry, the Tax Relief Act provides for monetary penalties that are not less than $10,000 per call or text nor more than $100,000 per call or text.
• The rules also address concerns voiced by the public safety community in comments to the FCC about the potential problems unwanted texts to PSAPs may pose in the future.