AG Jones FCC: Strengthen KYUP Rules to Fight Robocalls

• Attorney General Jay Jones and 48 other state attorneys general are urging the FCC to strengthen "Know Your Upstream Provider" (KYUP) rules.
• The coalition seeks to prevent illegal robocalls by requiring voice service providers to more thoroughly vet and monitor their upstream partners.
• Specific proposals include mandating five categories of baseline KYUP measures, increasing monitoring triggers, and strengthening STIR/SHAKEN protections against caller ID spoofing.
• Last year, Americans received over 29.6 billion scam robocalls and texts, resulting in nearly $2 billion in losses.
• The attorneys general also advocate for swift rule implementation, enforcement penalties, and mandatory data retention for KYUP verification.

The implementation of these strengthened rules, including robust enforcement penalties and comprehensive data retention, would not only protect consumers from financial harm and harassment but also reinforce the integrity of the entire communications infrastructure.

Attorney General Jay Jones of Virginia, leading a bipartisan alliance of 48 state attorneys general, has formally petitioned the Federal Communications Commission (FCC) to reinforce its "Know Your Upstream Provider" (KYUP) requirements. This concerted effort aims to curb the pervasive issue of illegal robocalls, which exploit the U.S. telephone network to defraud consumers. The coalition emphasizes that current regulations are insufficient to prevent malicious actors from infiltrating the system, leading to significant financial losses and widespread annoyance for Americans.

The urgency of this appeal is underscored by the staggering statistics surrounding telecom fraud prevention regulations. Last year alone, consumers across the United States were inundated with more than 29.6 billion scam robocalls and texts. These illicit communications resulted in nearly $2 billion in financial losses for victims, highlighting the severe economic impact of unchecked robocall activity. Attorney General Jones articulated the coalition's stance, stating, "The FCC must do its part to protect Virginians. When illegal robocalls and texts slip through the system and reach consumers, the cost is too high. We must build a stronger safety net, and that involves holding service providers accountable." This statement encapsulates the core motivation behind the AG Jones FCC strengthen KYUP rules initiative.

The journey of a phone call to its recipient often involves a complex routing process through multiple telecommunications companies. To manage this, the Federal Communications Commission KYUP framework currently mandates that all voice service providers undertake reasonable measures to vet the phone companies responsible for originating and routing calls. The intent is to ensure that calls are received from legitimate and responsible providers, thereby preventing the regular passage of a high volume of illegal calls.

However, the attorneys general contend that this existing regulatory structure has critical vulnerabilities. They point out that certain voice service providers are failing to adequately vet their upstream partners, inadvertently creating conduits through which illegal robocalls can enter the U.S. communications network. This lapse in upstream provider vetting requirements allows bad actors to exploit gaps in the system, perpetuating the problem despite the FCC's foundational rules.

The coalition's petition outlines several key areas where the FCC should strengthen its oversight. Firstly, they advocate for a more robust obligation on voice service providers to vet their upstream provider customers. This includes demanding more detailed and verified information from these upstream entities, alongside more thorough checks for compliance with existing FCC rules. The attorneys general also propose that providers should regularly monitor their upstream partners and be required to terminate services for those found to be non-compliant with the law.

Furthermore, the initiative to strengthen KYUP rules extends to the critical area of STIR/SHAKEN caller ID spoofing prevention. The attorneys general are urging the FCC to apply the same level of scrutiny and diligence to all entities involved in the implementation of the STIR/SHAKEN framework, which is designed to authenticate caller ID information. They seek to ensure that providers are fully aware of and adhere to their caller ID authentication obligations, with these rules being consistently applied across all parties in the call path to verify the true origin of a call.

The coalition also calls for the swift implementation of any new regulations, the establishment of base penalties for non-compliance with monitoring requirements or STIR/SHAKEN violations, and a mandate for voice service providers to collect and retain data pertinent to KYUP verification and monitoring efforts.

The proposed changes to the Federal Communications Commission KYUP requirements are designed to create a more secure and trustworthy telecommunications environment. By mandating more rigorous upstream provider vetting requirements and enhancing monitoring protocols, the FCC could significantly reduce the pathways available for illegal robocallers to operate. This proactive approach aims to prevent bad actors from exploiting systemic weaknesses and operating unchecked within the U.S. phone network.

Ultimately, the push by Attorney General Jay Jones and his counterparts seeks to fortify the nation's defenses against pervasive telecom fraud. The implementation of these strengthened rules, including robust enforcement penalties and comprehensive data retention, would not only protect consumers from financial harm and harassment but also reinforce the integrity of the entire communications infrastructure. It represents a critical step towards building the "stronger safety net" that Attorney General Jones highlighted, ensuring greater accountability for voice service provider robocall compliance across the industry.

Voice service providers and their legal counsel should closely monitor the FCC's response to this coalition, as strengthened KYUP and STIR/SHAKEN rules could impose new, more stringent compliance obligations for vetting upstream providers, monitoring traffic, and retaining data. This could significantly increase potential liability for illegal robocalls and necessitate updates to internal compliance programs.

Source: Original reporting via Virginia Attorney General's Office.