Explanation of the Communications Assistance for Law Enforcement Act (CALEA)

In 1994 as a means of keeping up with emerging digital technology, the United States Congress approved the Communications for Law Enforcement Act (CALEA). The regulations were intended to preserve a wiretapping law put in place in 1968 and allow wiretapping over digital phone networks.

CALEA requires telecommunications carriers to modify their equipment, facilities, and services to aid surveillance capabilities. Initially there was some question as to whether this would apply to VoIP—Voice Over Internet Protocol service—but in 2005 the courts ruled that indeed VoIP must comply with CALEA.

As part of an investigation, law enforcement agencies or intelligence services can tap into a phone call or trace the origin of the call without advising any of the parties involved in the communications.

This means that all VoIP phone service, including toll free providers using VoIP, is subjected to the surveillance provisions under CALEA.

In fact, all telecommunications companies as defined by CALEA must maintain updated system securities plans with the Federal Communications Commission. Internet providers and VOIP service providers were required to submit their initial plan by March 2007 and now must provide updated material as mandated by CALEA.

Virtually all common carriers and telecommunications companies are subject to the regulations under CALEA. This means all telephone communications can be monitored as part of legal, warranted, surveillance by law enforcement agencies. However, fiber optic communications are a possible exception for some wiretapping purposes because detecting transmission through the fiber optic cables is very difficult.

What role does the FCC play in toll free phone numbers?

The Federal Communications Commission (FCC) regulates the use of toll-free numbers and establishes rules on how they can be obtained and used.

Launched in 1967 by AT&T, 800 numbers came under the purview of the FCC in the 1980s when the phone service monopoly broke apart. In 1991, the FCC required that toll-free numbers be portable, meaning that a toll-free number subscriber can “port” his or her number to a new provider when changing toll-free number service providers.

When the popular 800 numbers became scarce, the FCC introduced the 888 and 877 numbers in the mid-1990s and the 866 pre-fix in 2000. Available stock of toll free numbers is quickly depleting and industry insiders are awaiting the release of the 855 numbers currently reserved by the FCC. Insiders say these numbers may not be released for several years.

FCC’s rules designate the criteria for determining the status of each toll-free number, and prohibit “warehousing” and “hoarding” of toll-free numbers. However, the FCC does not oversee the assignment of toll-free numbers and does not have direct access to the toll-free number database maintained by the 800 Services Management System (SMS/800).

The FCC cannot provide any information about the status of a toll-free number or a request for a toll-free number on behalf of a customer. The FCC cannot reserve or hold numbers for a customer but they can mediate conflicts that arise over rights of ownership of specific numbers.

The FCC can intervene if they find a number is being used in a manner contrary to the established regulations. For instance, in 2005 the FCC took control of 1-800 RED-CROSS from a private owner and handed it over to the non-profit.

The value of toll free service has become a necessity for any type of business. The limited availability of new numbers and the limited turnover of used numbers have created an intense and competitive demand for 1-800, 888, 877 and 866 numbers. According to the FCC, popularity of toll free service has increased drastically over the past decade for both business and personal use.

What is the SMS800 and what role does it play?

The millions of subscribers signing on for toll free service each year are quickly learning about the vital role of the 800 Services Management System (SMS/800).

The SMS/800 Data Center houses the main database of available toll free 800, 888, 877 and 866 phone numbers for the United States and Canada. The SMS/800 maintains and updates the database and keeps records of the owners of each number and the service providers. Available numbers on the database are assigned to subscribers on a first-come, first-served, basis.

Additionally, the SMS/800 management team works with toll free service providers and with the owners and operators of the 800 numbers. The SMS/800 team is comprised of a representative of each of the Bell Operating Companies. The team has final authority on all issues that arise at SMS/800.

By law, all toll free phone service providers must deal with SMS/800 while assigning or reserving numbers for their customers. SMS/800 keeps records on the status of all 800 numbers, service providers, and call routing options.
The popularity of the 1-800 number, launched in 1967, led the Federal Communications Commission (FCC) to add the new pre-fixes 888 and 877 in the mid-1990s. When availability of those numbers plummeted, 866 was added in 2000 to overcome the shortage. SMS/800, started in the mid-1980s, manages all these numbers.

While popularity soars, availability of new and used toll free numbers is plummeting. When an 800 number is disconnected, it goes into what is referred to as the aging process. At some point it becomes available on the SMS/800 database. Then, service providers can access the numbers and assign it to a customer in the United States or Canada.

FCC 00-237

FCC 00-237
TOLL FREE FIFTH REPORT AND ORDER

We look to our Federal Advisory Committee on numbering issues, the NANC, for a recommendation on how best to administer toll free numbers. We ask the NANC to address whether a system of administration similar to that used to administer the NANP or a different system should be established. Among the alternatives NANC should consider is whether the ownership and operation of the centralized toll free database system should be transferred to a non-government and/or non-carrier entity, and whether SMS/800 service should continue to be provided under tariff. Additionally, we seek recommendations from the NANC to facilitate the selection of the administrator through a competitive bidding process similar to the process used to select the North American Numbering Plan Administrator.[1] Specifically, we ask the NANC to develop the necessary technical requirements for toll free number administration. We direct the NANC to submit its recommendations to the Commission within 180 days of the effective date of this Order. Upon receipt of the NANC’s recommendations and public comment, we will move expeditiously to determine whether it is in the public interest to restructure the ownership and operation of the current system of toll free number administration, and, if so, whether a new toll free number administrator should be selected.[2]

Toll Free Administration
Management and Oversight Structure

* Break Up the SMT
* Owner/Operators cannot be affiliated with the Administration, Data Center or SCP
* Need Neutral 3rd party Toll Free Administrator, Data Center and SCP

Toll Free Administration
Management and Oversight Structure

Propose that the current SMT be replaced with a Limited Liability Corporation (LLC) similar to what exists for LNP.

The LLC would be open to any entity that provides toll free service.

LLC members will have equal vote

LLC manages the RFP for toll free vendor(s)

LLC manages vendor performance and costs

LLC manages the day-to-day relationship with the vendor

Each member pays a fee to join the LLC to cover the operational costs of the LLC

The FCC has ultimate oversight over the LLC and toll free administration.

Toll Free LLC

Responsible for
o
+ System planning (both long and short term)
+ Database functional requirements
+ Negotiating vendor contracts
+ Ensuring vendor compliance

Toll Free Pricing

* Toll Free Service no longer provided under SMS/800 Access Tariff
* Simplified pricing elements such as:
o Shared industry costs per Section 251(e) of the Telecommunications Act
o Monthly fee for RespOrg system access
o Enterprise Services

Beware of the Toll-Free Ownership Certificate Scam

ATTENTION:  ALL RESPONSIBLE ORGANIZATIONS

Beware of Fake Ownership Certificates While Porting Toll Free Numbers To Your RespOrg.

A number of telephone companies have been reporting that they are receiving an influx of new toll-free customers that want the telephone company to port a “new” 800 number to their resporg.

Your new customer may attempt to provide what they believe to be a “legitimate” certificate showing that they have the legal rights to the specified 800, 888, 877 or 866 phone number.  Oftentimes these customers have paid upto $5000 for this certificate, but unfortunately they were scammed.

scammer2These home-made 800 number ownership certificates are often made on home computers, they look like they could be authentic but they are far from it.  They come in a variety of designs.

Please note: there have also been unconfirmed reports that con artists are also giving out fake telephone bills (page 1 of the bill) as a secondary proof of ownership.  Neither of these are real or valid and should not be accepted by your company.

The scam works like this…

The con artist will tell the prospective target that they have (or can obtain) toll free numbers for them to have, something that would be too good to be true like 1-800-123-4567.  They typically charge anywhere from a few dollars to $5000 depending on how much they think their target is worth.   The seller of the toll free numbers will then issue what they claim to be a certificate showing that their target is the owner of the new 800 numbers.  The con artist will then tell their target that in order to use the toll-free number; they must transfer it to another phone company.  The con artist coaches the target on how to use this fake certificate to attempt to acquire phone service.

The Federal Communications Commission regulates the use of toll free numbers in the United States and they specifically prohibit this type of “brokering” of toll free numbers.  The article asks that you contact the FCC regarding this scam.

If you encounter this scam, it’s illegal and should be reported to the FCC for investigation.  If you encounter anyone who has been a victim of this scam, please give them the FCC phone number to call and report it 888-CALL-FCC.

Federal Communications Commission
445 12th Street SW                1(888)CALL-FCC
Washington, DC 20554                1(888)225-5322

How to avoid this scam
When porting a toll-free number into your company, always require a copy of your customers’ recent toll-free telephone bill issued from a legitimate Resp-org and verify that the name on the bill and the ring-down number match your records.  (make sure the bill is not fake) and make sure your customers identity is true.  More on transferring a number

Text from:

http://www.free-press-release.com/news/200807/1217114562.html

800 Numbers declining

The number of available 800 numbers is declining

C.A.L.E.A. Debuts

CALEA will be approved in the near future.

Update: Link

Mass Misdial Marketing

A new trend is emerging where marketers are using 800 numbers to direct unsuspecting callers to a company they didn’t mean to call.  You may have done it yourself;  you dial an 800 number and hear an advertisement for something you didn’t expect to hear, or even worse, you are forwarded to an 976 /900 number and you are charged for the call that you thought was toll-free.  We call it Mass Misdial Marketing.

What is Mass Misdial Marketing?

It’s when a company aquires a massive amount of phone numbers with the intention on advertising to callers.  Oftentimes these toll-free numbers are aquired as soon as a legitimate user of the toll free number forgets to reregister it as has been seen a couple times in the news lately.

There is a push in regulation to ban the pratice of forwarding a toll-free call to a pay-per-call service, but there are no regulations against a company aquiring a massive amount of toll-free numbers and using them for legitimate advertising purposes.