FCC Targets Illegal Robocalls with Sweeping Proposed Changes to its Number Resale Policies
On March 5, 2026, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (Draft NPRM) seeking comment on sweeping changes to its numbering policies, including how assigned numbering resources are utilized, reported, and resold by service providers. Pointing to the integral role of numbering resources in illegal robocalls, the Draft NPRM seeks to bolster the Commission’s numbering requirements, especially as they relate to resellers that use numbering resources to engage in extensive illegal robocalling schemes. The Draft NPRM will be considered at the FCC’s March 26, 2026, Open Meeting and includes the following proposals:
Subjecting More Providers to Certification and Disclosure Requirements. The Draft NPRM proposes to further extend existing robocall certification requirements to all service providers that receive numbering resources directly from the North American Numbering Plan Administrator (NANPA), and to resellers of telephone numbers. The FCC’s current certification requirements only apply to interconnected Voice over Internet Protocol (VoIP) providers with direct access to numbers. The Draft NPRM proposes to define “resellers of telephone numbers” as all Local Exchange Carriers, Commercial Mobile Radio Service providers, and interconnected VoIP providers reselling or seeking to resell services that include the provisioning of geographic numbering resources other than pseudo Automatic Number Identification, with exceptions for Telecommunications Relay Services that receive numbering resources indirectly.
Current service providers receiving numbering resources directly from the NANPA, and resellers of telephone numbers operating as of the effective date of any requirement the FCC proposes to adopt, would be required to file these certifications within 30 days of the effective date of the new rule. Service providers intending to obtain numbering resources for the first time from the NANPA, as well as resellers of telephone numbers intending to become operational, would be required to file certifications at least 30 days prior to submitting their first request for numbering resources to the NANPA or to beginning to resell service, respectively. The Commission seeks comment on these proposals, asking whether expanding the scope of service providers potentially subject to these obligations is appropriate and whether the definition of reseller is sufficiently broad.
Revamping Reporting Obligations. The Draft NPRM also seeks comments on approaches to better track utilization of numbering resources and resource exhaustion and misuse by improving the existing Numbering Resource Utilization/Forecast (NRUF) report form (FCC Form 502). In particular, the Commission asks about claims that service providers receiving intermediate numbers often do not comply with their obligation to report number utilization, and the impact of this non-compliance on tracking numbering resource utilization.
Adoption of More Granular Reporting Obligations for Intermediate Numbers. “Intermediate numbers” are defined as “numbers that are made available for use by another telecommunications carrier or non-carrier entity for the purpose of providing telecommunications service to an end user or customer.” The Commission proposes to create a new set of obligations for immediate numbers that would supersede all prior rules, including FCC Form 502. The proposal would involve splitting the current intermediate number category into three subcategories: (1) intermediate assigned, (2) intermediate other, and (3) intermediate available to allow the Commission’s rules to describe the status of the numbers from the perspective of both the provider of record (the provider that directly holds the numbering resources in the NANPA system) and the service provider reselling those telephone numbers (categorizing its numbering resources as if it had received them directly) when the provider of record provides its NRUF data. The Commission asks whether additional mandatory reporting subcategories are needed and whether to update the method of calculating the numbering resource utilization level because the 75% threshold only includes assigned numbers.
Limiting Resale of Numbering Resources to a “Single Level.” Next, the Draft NPRM asks how to ensure that NANPA receives information about numbers provided by resellers and whether resellers should be required to identify themselves. In addition to creating a more robust NRUF reporting system for resellers, the Commission asks whether it should affirmatively limit the extended levels of resale that appear to be contributing to illegal robocall campaigns and prohibit the resale of numbers beyond a single level.
Closer Scrutiny of Numbering Cycling. The Draft NPRM seeks comment on whether the Commission should take other steps to address robocalling that uses numbering “cycling.” This method involves rotating through a large quantity of telephone numbers, using numbers on a rotating basis as few as one or two times, often assigned by service providers to end users on a short-term or “trial” basis. The Commission recognizes there may be legitimate uses of number cycling, but asks how frequently number cycling is used for illegal robocalling and whether to develop rules aimed at limiting this use.
Improving Work with State Commissions. Finally, the Draft NPRM seeks comments on how the Commission can work with state commissions and NANPA to better identify abuse and misuse of telephone numbers, including by expanding the numbering data available to state commissions. The Commission asks whether and under what circumstances it should delegate to state commissions greater authority to restrict access to numbering resources beyond what is currently allowed in the rules, and whether there are other additional bases under which the Commission or state commissions should have the ability to direct the NANPA to withhold numbering resources.
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The Draft NPRM raises a number of questions that could drastically change the FCC’s numbering rules and obligations for providers that resell numbering resources. Wiley has a deep and experienced bench of attorneys who specialize in robocall and numbering matters. Our experts routinely handle complex policy and compliance issues at the federal and state levels, including Telephone Consumer Protection Act and TRACED Act matters. For more information or assistance with responding to the new NPRM, please contact one of the authors listed on this alert.
