RegImpact
fccproposed· Published 8/6/2024

Open Commission Meeting Wednesday, August 07, 2024

The Commission will consider a Report and Order to establish a Missing and Endangered Persons event code that will provide law enforcement, EAS Participants, and WEA providers with a means to quickly disseminate information pertaining to missing and endangered persons cases. 2.................. Consumer & Title: Protecting Consumers Governmental Affairs. from Unwanted Artificial Intelligence Robocalls (CG Docket No. 23-362). Summary: The Commission will consider a Notice of Proposed Rulemaking that would propose steps to protect consumers from the abuse of AI in robocalls and robotexts alongside actions that clear the path for positive uses of AI, including its use to improve access to the telephone network for people with disabilities. 3.................. Wireline Competition.. Title: Improving the Effectiveness of the Robocall Mitigation Database (WC Docket No. 24- 213); Amendment of Part 1 of the Commission's Rules, Concerning Practice and Procedure, Amendment of CORES Registration System (MD Docket No. 10-234). Summary: The Commission will consider a Notice of Proposed Rulemaking that would propose and seek comment on procedural measures to promote improved diligence when providers submit required information to the Robocall Mitigation Database, technical validation solutions to identify data discrepancies in filings, and accountability measures to ensure and improve the overall quality of submissions in the Robocall Mitigation Database. 4.................. Media................. Title: Restricted Adjudicatory Matter. Summary: The Commission will consider a restricted adjudicatory matter from the Media Bureau. 5.................. Enforcement........... Title: Enforcement Bureau Action. Summary: The Commission will consider an enforcement action. ------------------------------------------------------------------------

What this rule actually says

The FCC is proposing rules to stop AI from being used to make unwanted robocalls and robotexts to consumers. At the same time, it's trying to keep the door open for legitimate uses of AI—like AI systems that help deaf or hard-of-hearing people use phones. The proposal would require phone carriers to better track and validate who's making calls, and would give the FCC clearer authority to penalize companies that abuse AI for spam or scams.

Who it applies to

  • If you're building AI that makes outbound calls or texts to end users (like appointment reminders, alerts, or notifications sent via phone), this likely applies to you.
  • If you're in the US and your AI interacts with the phone network, you're in scope. The FCC regulates telecommunications carriers and their practices.
  • **If you're offering a service that *helps* people use phones (accessibility tools, relay services, etc.)**, you're explicitly in the "positive use" category and should be less affected by restrictions.
  • If your AI chatbot only works via web/app and never initiates phone calls, this probably doesn't apply to you.
  • If you're sending texts or calls for customer service, marketing, or alerts without explicit user consent, this is a red flag under the proposal.

What founders need to do

  1. Audit your call/text practices (1-2 days). If your product makes any outbound calls or texts, document *who* initiates them, whether users opted in, and what they're for. Legitimate business reasons (medical reminders, security alerts for account holders) are safer than cold outreach.
  1. Get explicit consent in writing (ongoing). Make sure users affirmatively agree to receive AI-generated calls or texts. Buried checkboxes don't cut it. Store proof of consent.
  1. Monitor the FCC docket (30 minutes/month). This is still proposed—not final. The FCC will take public comments. Check fcc.gov (search "CG Docket No. 23-362") for updates and watch for the comment deadline.
  1. Know your carrier's rules (1 day). If you're routing calls through a telecom provider, ask them what verification and documentation they require to register your AI system. This will tighten as the rule finalizes.
  1. Plan for caller ID authentication (backlog item). The FCC wants better verification that calls actually come from who they claim. Budget time to integrate STIR/SHAKEN or equivalent tech if you haven't already.

Bottom line

If you're making AI calls or texts: monitor this closely and tighten your consent practices now, because the rule is likely coming and enforcement will follow.