On January 19, 2024, the FCC released a Public Notice seeking comment on CTIA’s Petition for Partial Reconsideration (“Petition”) of the FCC’s SIM Swapping and Port-Out Fraud Report and Order (“R&O”). In the Petition, CTIA requests a 12-month extension of the current six-month compliance deadline imposed in the R&O, which would grant providers 18 months to comply with the R&O.
CTIA argues that wireless providers need additional time to implement the new rules, many of which will require IT-intensive new builds and updates to achieve compliance. In particular, CTIA notes that compliance with the new rules requiring authentication prior to employee access of CPNI, immediate notifications of SIM changes/port requests, account locks, and tracking of SIM changes will require more than six months due to technically and operationally complex system and database updates. CTIA also notes that standard business practices typically provide for a full 18 months to implement IT-intensive updates.
CTIA alleges that a 12-month extension of the compliance window is in the public interest. First, CTIA argues that an extension of the compliance window will allow providers to develop stronger compliance approaches, while maintaining the current compliance timeframe will “risk the quality and effectiveness of provider compliance programs and divert resources from more effective fraud prevention and security efforts.” Second, CTIA argues that the FCC has overlooked existing security measures that providers have implemented to prevent SIM swapping and port-out fraud, which have been successful.
Finally, CTIA argues the compliance deadline is arbitrary and capricious. CTIA alleges that the R&O underestimates the burdens to providers, ignoring numerous commenters in the record that highlighted the amount of work that would be required to implement the FCC’s proposals and requesting a longer implementation timeframe, while overstating the benefit of a rapid implementation timeline. Further, CTIA argues that the FCC’s second justification for the compliance timeframe, related to the compliance date for the Safe Connections Act rules, assumes the changes and processes for the two sets of rules are related, when they are not.
Oppositions to the Petition must be filed within 15 days of the date of publication of the Commission’s Public Notice in the Federal Register. Replies to the Opposition must be filed within 10 days after the time for filing Oppositions has expired.
For additional information please see previous blog post: FCC Publishes SIM Swap/Port-Out Fraud NPRM in Fed. Reg.
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