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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules
Documents in Rulemaking Proceedings, 63 FR 24121 1998.
Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http apps.fcc.gov/
ecfs/.
Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commissions Secretary, Office of the Secretary, Federal Communications Commission.
Commercial overnight mail other than U.S. Postal Service Express Mail and Priority Mail must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID19.
See FCC Announces Closure of FCC
Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20304 March 19, 2020.
https www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy The proceeding this NPRM initiates shall be treated as a permit-butdisclose proceeding in accordance with the Commissions ex parte rules.
47 CFR 1.1200 through 1.1216. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation unless a different deadline applicable to the Sunshine period applies. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must 1 list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and 2
summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenters written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings specifying the relevant page and/or paragraph numbers where such data or arguments
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can be found in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206b. In proceedings governed by rule 1.49f or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format e.g., .doc, .xml, .ppt, searchable .pdf. Participants in this proceeding should familiarize themselves with the Commissions ex parte rules.
Synopsis I. Introduction 1. In this NPRM, the Commission proposes to enhance its regulatory framework governing notifications of disruptions to 911 service by harmonizing the Commissions notification requirements, improving the usefulness of outage notification content, requiring service providers to keep the public informed during periods of 911 unavailability, and ensuring the accuracy of PSAP contact information.
The Commission also seeks comment on whether modifications to the associated reporting requirements would enhance public safety while reducing burdens on regulated entities. Section 1 of the Communications Act, as amended Act, charges the Commission with promoting safety of life and property through the use of wire and radio communications. 47 U.S.C. 151. This statutory objective and statutory authorities, also cited below, support the Commissions network outage reporting and 911 reliability rules, including the proposals here. 47 U.S.C.
151, 154i, 154j 154o, 201b, 214d, 218, 251e3, 301, 303b, 303g, 303r, 307, 309a, 316, 332, 403, 615a 1, and 615c. In adopting this NPRM, the Commission continues its commitment to ensuring that the Commissions rules, including those governing covered 911
service providers, are sufficient, necessary, and technologically appropriate. 79 FR 3123 911 Reliability Report and Order.
II. Background 2. The Commission oversees the integrity of 911 communications infrastructure primarily through three complementary mechanisms: 911 call transmission requirements; network
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outage reporting by service providers to both the Commission and potentially affected 911 special facilities, which also include PSAPs when there is a loss of communications to PSAPs, subject to specific conditions; and 911
reliability and certification requirements. 47 CFR 4.5a, c, and e through h, 9.4, 9.10b, 9.11a2, 9.18a, 9.19.
3. Outage Reporting Rules. The Commission requires originating service providersi.e., cable, satellite, wireless, wireline, and interconnected VoIP
providers that provide the capability for consumers to originate 911 callsas well as covered 911 service providers i.e., providers that aggregate 911 traffic from originating service providers and deliver it to PSAPsto notify both the Commission and PSAPs when they experience an outage that potentially affects 911. 47 CFR 4.3a, d, and f through h, 4.9a, c, and e through h, 9.19a4.
4. The Commission has adopted four threshold criteria for reporting outages that potentially affect 911, any of which would trigger a notification requirement:
1 There is a loss of communications to PSAPs potentially affecting at least 900,000 user-minutes and: The failure is neither at the PSAPs nor on the premises of the PSAPs; no reroute for all end users was available; and the outage lasts 30 minutes or more; or 2 There is a loss of 911 call processing capabilities in one or more E911 tandems/selective routers for at least 30 minutes duration; or 3 One or more end-office or Mobile Switching Center MSC . . . switches or host/remote clusters is isolated from 911 service for at least 30 minutes and potentially affects at least 900,000 userminutes; or 4 There is a loss of Automatic Number Identification ANI/Automatic Location Information ALI . . . and/or a failure of location determination equipment, including Phase II
equipment, for at least 30 minutes and potentially affecting at least 900,000
user-minutes provided that the ANI/
ALI or location determination equipment was then currently deployed and in use, and the failure is neither at the PSAPs or on the premises of the PSAPs. 47 CFR 4.5e, 9.3.
5. The Commission currently has two different sets of requirements for the timing, content, means, and frequency of PSAP notification, depending on the nature of the provider. The first set of rules was originally adopted for common carriers in 1994, and was subsequently expanded to govern a broader set of communications
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