NCTA Seeks TCPA Safe Harbor Tied to Reassigned Number Database; Others Supportive
NCTA suggested the FCC link Telephone Consumer Protection Act liability protection to its draft order to create a reassigned phone number database to combat illegal robocalls, scheduled for a vote at Wednesday's commissioners' meeting. There should be "a safe harbor…
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from TCPA liability for callers that make use of the reassigned numbers database contemplated in the draft," filed the group on meeting an aide to Chairman Ajit Pai, posted Wednesday in docket 17-59. Commissioner Mike O'Rielly voiced interest Tuesday in addressing TCPA liability and suggested changes could be made to the draft (see 1812040034). NCTA recommended language to provide a TCPA safe harbor "for callers that consult the reassigned numbers database within 31 days prior to calling and do not have actual knowledge that the number has been reassigned or that their consent to call the number has been revoked." It said there's "broad support" for "such a safe harbor because it would increase the incentive of callers to use the database and thereby reduce the number of calls made to reassigned numbers." The American Cable Association, CTIA, NTCA and USTelecom encouraged the FCC "to address TCPA liability issues promptly and provide a safe harbor for callers" using the database. They suggested "modest modifications" to the draft, including giving the North American Numbering Council at least nine months, instead of six, to issue recommendations for implementing and operating the database and devising fees. They asked the FCC to clarify that NANC "should consider minimizing the burdens on reporting providers as one of its primary goals" and to "build in processes to ensure" the group "can leverage expert and stakeholder input." There should be some flexibility for voice providers on complying with a proposed "45-day minimum aging period" before a permanently disconnected number can be reassigned, they added.