2,000+ Carriers Face Urgent 12/31 Deadline to Avoid RMD Decertification: Steps to Take ASAP if Your Company Is on the List

More than 2,000 carriers have just two weeks to address deficiencies in their Robocall Mitigation Database (RMD) certifications, or else face removal from the Federal Communications Commission’s RMD Database – which would effectively prevent them from providing voice service to their customers.

On December 10, the Enforcement Bureau (Bureau) of the Federal Communications Commission (FCC or Commission) set the stage for the potential removal of more than 2,000 domestic voice service provider and gateway provider (VSP) certifications from the RMD. Specifically, the Bureau released an Order that identifies 2,411 VSPs and establishes a narrow time frame for them to both correct deficiencies in their RMD certifications and respond to the Bureau in writing, or otherwise face removal from the RMD (RMD Removal Order). The Order was published in the Federal Register on December 17, meaning that VSPs must cure and respond to the Bureau by December 31, 2024.

The effect on listed VSPs that do not correct deficiencies and respond to the Bureau within the timeline is significant, as the FCC’s rules dictate that all intermediate providers and other VSPs are prohibited from accepting calls directly from any VSP not listed in the RMD. With the ability to pass traffic on the line, it is imperative that VSPs determine whether they are included on the FCC’s list, and if so, take immediate corrective action no later than December 31.

Below, we provide a high-level rundown of the RMD Removal Order and what impacted providers need to do to avoid removal from the RMD.

What the RMD Removal Order Alleges. The RMD Removal Order states that each VSP’s RMD certification is deficient because: (1) a Robocall Mitigation Plan (RMP) was not provided or the RMP lacks newly required information; and (2) the certification lacks newly required information. Of note, earlier this year, the FCC significantly expanded RMD filing and certification obligations, with new rules going into effect in February 2024. 

What the RMD Removal Order Requires Listed VSPs to Do Next. To address the Bureau’s concerns, each VSP must (1) correct the deficiency in their RMD filing and (2) provide a written response to the Bureau informing it that the VSP has either corrected the deficiency in its RMD certification or explaining why its RMD certification should not be removed. Each VSP’s mandatory response will be due to the Bureau no later than December 31, 2024.

What Will Happen if Listed VSPs Do Not Address the Bureau’s Concern by the Deadline?

Providers deleted from the RMD will need to recertify before any other provider is allowed to accept their traffic. The process of recertification is administratively burdensome. Under the FCC’s rules, and as noted in the RMD Removal Order, VSPs removed from the RMD by the FCC will be barred from refiling certifications, absent a series of potentially time-consuming approvals. Specifically, VSPs are not permitted to refile in the RMD until both the Bureau and the Wireline Competition Bureau (WCB) determine that the VSP has addressed and resolved the deficiencies in its RMD certification. Such reinstatement would be a time-consuming process, especially if the Bureau and WCB must review potentially dozens (and possibly more) such requests from VSPs that failed to respond in a timely manner. For legitimate VSPs inadvertently captured in the RMD Removal Order, this delay in RMD reinstatement could create significant operational and customer hurdles.

What Should Providers Do Next?

The list of the 2,411 VSPs identified in the RMD Removal Order is extensive and is detailed in over 50 pages of an accompanying Appendix. All VSPs are strongly encouraged to check the list to ensure they are not identified in the RMD Removal Order’s Appendix. As noted above, legitimate providers unaware of deficiencies in their RMD certifications will face significant consequences absent rapid remediation. Time is short for impacted VSPs to resolve potential deficiencies. Once the December 31, 2024 deadline has expired, the Bureau will release a subsequent order removing any nonresponsive VSPs’ certifications from the RMD.

*          *          *

The FCC’s response deadline is quickly approaching and within a limited time frame, impacted VSPs will be required to both remediate their RMD certification and respond to the Bureau. For more information or assistance, please contact one of the authors listed on this blog post.