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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Proposed Rules]
[Pages 91636-91648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26795]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[WC Docket No. 18-336; FCC 24-111; FR ID 260903]

Implementation of the National Suicide Hotline Act of 2018

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposes and seeks comment on requiring covered text 
providers, including wireless providers, to support georouting to 
ensure that the 988 Suicide & Crisis Lifeline (988 Lifeline or 
Lifeline) may route covered 988 text messages to appropriate local 
crisis centers. Covered 988 text messages are currently routed to 
crisis centers using information conveyed by the number assigned to a 
help-seeker's device, such as an area code, which may not match the 
text user's physical location. To better connect 988 text users with 
critical local intervention services, the Commission proposes to 
require covered text providers to send georouting data to the 988 
Lifeline to the same extent that they are required to send covered 988 
text messages to the Lifeline.

DATES: Comments are due on or before December 20, 2024, and reply 
comments are due on or before January 9, 2025.

ADDRESSES: You may submit comments, identified by WC Docket No. 18-336, 
by any of the following methods:
    [ssquf] Federal Communications Commission's Website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
    [ssquf] People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Merry Wulff, Attorney Advisor, 
Competition Policy Division, Wireline Competition Bureau, at 
[email protected] or at (202) 418-1084. For additional information 
concerning the Paperwork Reduction Act proposed information collection 
requirements contained in this document, send an email to [email protected] 
or contact Nicole Ongele, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Further Notice of Proposed Rulemaking (FNPRM) in WC Docket No. 18-336, 
FCC 24-111, adopted October 17, 2024, and released October 18, 2024. 
The full text of this document is available for public inspection at 
the following internet address: https://docs.fcc.gov/public/attachments/FCC-24-111A1.pdf.

Paperwork Reduction Act

    The FNPRM may contain proposed new and revised information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and 
Office of Management and Budget (OMB) to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995 (Pub. L. 104-13). In addition, pursuant 
to the Small Business Paperwork Relief Act of 2002 (Pub. L. 107-198) 
see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might 
further reduce the information collection burden for small business 
concerns with fewer than 25 employees.

Comment Filing Procedures

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/.

[[Page 91637]]

     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
     Filings can be sent by hand or messenger delivery, by 
commercial courier, or by the U.S. Postal Service. All filings must be 
addressed to the Secretary, Federal Communications Commission.
     Hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary are accepted between 8 a.m. and 4 p.m. by 
the FCC's mailing contractor at 9050 Junction Drive, Annapolis 
Junction, MD 20701. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
     Commercial courier deliveries (any deliveries not by the 
U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis 
Junction, MD 20701.
     Filings sent by U.S. Postal Service First-Class Mail, 
Priority Mail, and Priority Mail Express must be sent to 45 L Street 
NE, Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
    Confidentiality. Some information and materials requested by this 
FNPRM may be confidential and proprietary. Individuals and entities may 
request that confidential and proprietary information submitted to the 
Commission be withheld from public inspection consistent with Sec.  
0.459 of the Commission's rules.

Ex Parte Rules

    This proceeding in this FNPRM shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules. 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 
presenter's 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 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 Sec.  1.1206(b). In proceedings governed by 
Sec.  1.49(f) 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 Commission's ex parte rules.

Providing Accountability Through Transparency Act

    The Providing Accountability Through Transparency Act (Pub. L. 118-
9) requires each agency, in providing notice of a rulemaking, to post 
online a brief plain-language summary of the proposed rule. The 
required summary of this FNPRM is available at https://www.fcc.gov/proposed-rulemakings.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, as amended (RFA) requires 
that an agency prepare a regulatory flexibility analysis for notice and 
comment rulemakings, unless the agency certifies that ``the rule will 
not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' Accordingly, the Commission has 
prepared an Initial Regulatory Flexibility Analysis (IRFA) concerning 
the possible impact of the potential rule and policy changes contained 
in the FNPRM. The Commission invites the general public, particularly 
small businesses, to comment on the IRFA. Comments must be filed by the 
deadlines for comments on the FNPRM indicated on the first page of this 
document and must have a separate and distinct heading designating them 
as responses to the IRFA and must be filed in WC Docket No. 18-336.

Synopsis

Third Further Notice of Proposed Rulemaking

    1. Texting is an important mode of communication to the 988 
Lifeline and is the preferred means of communicating among certain 
demographic groups, many of whom are at increased risk for mental 
health crises. In this FNPRM, we propose to require that covered text 
providers support georouting to ensure that the 988 Lifeline may route 
covered 988 text messages to the appropriate local crisis center to 
enhance the support and resources available to text users in crisis. We 
also tentatively conclude that, at a minimum, Commercial Mobile Radio 
Service providers must support georouting for Short Message Service 
(SMS) text messages to 988. In addition, we propose that covered text 
providers be subject to requirements to send georouting data to the 988 
Lifeline to the same extent that they are currently required to send 
covered 988 texts to the 988 Lifeline. These proposed requirements will 
build on the implementation of georouting for wireless 988 voice calls 
and ensure parity between texts and voice calls to 988.

Background

    2. In 2021, the Commission adopted requirements for covered text 
providers to route covered 988 text messages to the 988 Lifeline. The 
Commission defined ``covered text provider'' as including ``all CMRS 
providers as well as all providers of interconnected text messaging 
services that enable consumers to send text messages to and receive 
text messages from all or substantially all text-capable U.S. telephone 
numbers, including through the use of applications downloaded or 
otherwise installed on mobile phones.'' The Commission's goal in the 
2021 Text-to-988 Second Report and Order, 87 FR 398 (Jan. 5, 2022), was 
to make text-to-988 rapidly available nationwide to improve access to 
mental health resources, while balancing the need for covered text 
providers to flexibly choose the most effective method of compliance. 
The Commission defined ``covered 988 text message'' as ``a 988 text 
message in SMS format and any other format that the Wireline 
Competition Bureau has determined must be supported by covered text 
providers.'' Currently, the Commission requires covered text providers 
to route covered 988 texts to the 988 Lifeline, but it does not require 
covered text providers to provide any additional information about the 
location of the

[[Page 91638]]

text user. Under the rules adopted in the Third Report and Order (FCC 
24-111), published elsewhere in this issue of the Federal Register, 
texts to 988 must be delivered to the national suicide prevention and 
mental health crisis hotline system maintained by the Assistant 
Secretary for Mental Health and the Secretary of Veterans Affairs. In 
the Implementation of the National Suicide Hotline Act of 2018, Second 
Further Notice of Proposed Rulemaking, 89 FR 46340 (May 29, 2024), we 
sought comment on improving routing for 988 text messages.
    3. The Commission's definition of ``988 text message'' sets the 
possible scope of text formats which covered text providers may be 
obligated to support for the delivery of 988. ``Covered 988 text 
messages'' are a subset of 988 text messages that are in SMS format or 
any other format that the Wireline Competition Bureau has determined 
must be supported by covered text providers. The Commission delegated 
to the Wireline Competition Bureau the authority to make future 
determinations to require covered text providers to support additional 
text formats in consultation with Federal partners and in consideration 
of what text formats the 988 Lifeline is capable of receiving. The 
Wireline Competition Bureau annually consults with the U.S. Department 
of Health and Human Services' (HHS) Substance Abuse and Mental Health 
Services Administration (SAMHSA) on the implementation of any new 
texting formats to 988 and issues a Public Notice either announcing 
that no new texting formats are required or seeking comment on 
implementation parameters for covered text providers to transmit any 
additional text message formats to 988. The Wireline Competition Bureau 
then may, under delegated authority, release a Public Notice requiring 
covered text providers to implement text-to-988 for these additional 
text message formats and setting implementation dates. As part of its 
annual consultation with SAMHSA, the Wireline Competition Bureau has 
only applied text-to-988 requirements to the text formats that the 988 
Lifeline currently supports. At present, the Wireline Competition 
Bureau only requires covered text providers to route 988 text messages 
in SMS format.

Applicability of Georouting Proposed Rules to 988 Covered Text 
Providers

    4. In this FNPRM, we propose to require that covered text providers 
implement the capability to provide georouting data with covered 988 
text messages to the Lifeline Administrator and provide georouting data 
with covered 988 text messages to the Lifeline Administrator. We 
propose that the scope of this requirement be consistent with the scope 
of the existing requirement for covered text providers to deliver 
covered 988 text messages to the 988 Lifeline. As with the delivery 
requirement for covered 988 text messages, we also propose to limit the 
application of text-to-988 georouting requirements to the text formats 
that the 988 Lifeline supports. Given that the 988 Lifeline currently 
only accepts SMS text messages, this proposal would require covered 
text providers to implement georouting only for SMS text messages as an 
initial matter. Should the 988 Lifeline begin to accept other text 
formats in the future, we anticipate that there would be a similar need 
for georouting data for such additional text formats. Under our 
proposed approach, we would direct the Wireline Competition Bureau to 
consult with SAMHSA as to whether the 988 Lifeline can accept 
georouting data with any newly identified text formats as part of its 
annual consultation process and to seek comment on applying georouting 
requirements to any newly identified text formats in its annual Public 
Notice. We also propose to delegate authority to the Wireline 
Competition Bureau to require covered text providers to implement 
georouting for any new text formats and to set an implementation date 
that is as prompt as is reasonably practical. This flexible approach 
would allow the Commission to evaluate on an ongoing basis whether to 
apply georouting requirements to any new formats that the 988 Lifeline 
may become capable of receiving in the future.
    5. Further, we tentatively conclude that at a minimum CMRS 
providers must support georouting for SMS text messages to 988. The 
record indicates that requiring CMRS providers to implement georouting 
for covered 988 text messages will support the 988 Lifeline's mission 
and save lives. In addition, we believe it is likely that CMRS 
providers originate a substantial majority of texts currently received 
by the 988 Lifeline. Georouting for SMS text messages originated by 
CMRS providers would represent a substantial improvement in the 
percentage of covered 988 texts arriving at the 988 Lifeline with 
georouting data. As discussed in the analysis of benefits and costs 
section, the benefits of implementing georouting for covered 988 text 
messages appear to significantly outweigh the anticipated costs to CMRS 
providers. These benefits include improved support for certain 
populations with an increased risk of suicide. The record also suggests 
that it is technically feasible for CMRS providers to provide 
georouting data with texts to 988. The ongoing use of coarse location 
routing for texts to 911 strongly suggests that CMRS providers have 
such location information available for routing SMS text messages to 
988. In the 911 context, covered text providers are required to route 
texts to 911 using coarse location (cell ID and cell sector) or other 
equivalent means that allows the covered text provider to route a texts 
to the appropriate PSAP.
    6. We seek comment on this approach and on our tentative 
conclusion. Should we instead limit the scope of the georouting rule 
language to one or more specific text formats, such as SMS, or to 
certain types of covered text providers, such as CMRS providers or 
covered text providers that have access to cellular networks? What are 
the benefits and drawbacks of each regulatory approach, and the impact 
to individuals that text the 988 Lifeline?

Definitions

    7. In the text-to-988 georouting rules, we propose to include 
definitions of the terms ``commercial mobile radio service,'' 
``georouting data,'' and ``Lifeline Administrator'' that were adopted 
in the Third Report and Order (FCC 24-111), published elsewhere in this 
issue of the Federal Register. Additionally, we also propose to correct 
the text of Sec.  52.201(b) of Commission's rules to read ``Commercial 
Mobile Radio Service'' instead of ``Commercial Mobile Radio Services.'' 
We seek comment on our proposal. Are there any other terms that we 
should define or revise as they relate to the proposed georouting rules 
for covered text providers? We seek specific comment on how the 
proposed definition of ``georouting data'' impacts the text-to-988 
georouting rules that we propose in this FNPRM. The definition 
specifically applies to ``location data generated from cell-based 
location technology.'' For which covered text providers, and in which 
circumstances, would georouting data so defined be available? Should we 
adopt a definition of ``georouting data'' for the text-to-988 
georouting rules that differs from the definition of this term for the 
georouting rules for voice calls to 988?

Text-to-988 Georouting Data

    8. We propose to adopt and seek comment on a two-part requirement 
for covered text providers to: (1) have the capability to provide 
georouting data with covered 988 text messages to the Lifeline 
Administrator in a format compatible with the Lifeline's routing

[[Page 91639]]

platform, to allow routing of the covered 988 text message by the 
Lifeline Administrator to the appropriate crisis center based on the 
geographic area where the handset is located at the time the covered 
988 text is initiated; and (2) provide georouting data, when available, 
with covered 988 text messages to the Lifeline Administrator sufficient 
to allow routing of the covered 988 text message by the Lifeline 
Administrator to the appropriate crisis center based on the geographic 
area where the handset is located at the time the covered 988 text is 
initiated. Covered text providers would be required to comply with this 
requirement six months from the effective date of final rules. We seek 
comment on this proposal.
    9. Several commenters support developing georouting capabilities 
for texts to the 988 Lifeline and indicate that parity for voice and 
text service to 988 is an important goal. Several commenters 
specifically support a georouting requirement for texts. Although some 
parties argue that a georouting solution for texts is not necessary at 
this time because most texts are handled at the national rather than 
local level, we note that SAMHSA is currently expanding local response 
to texts to 988. To the extent that texts to 988 are routed to local 
crisis centers as the result of SAMHSA's evolving service offering, we 
believe those texts should be routed as accurately as voice calls in 
order to provide the most responsive care to text users, and seek 
comment on this belief. Washington Department of Health states that a 
georouting solution for texts to 988 confers the same types of benefits 
as georouting for voice calls to 988. We seek comment on such benefits, 
and on any additional benefits specific to a georouting solution for 
texts to 988. Commenters emphasize that text messaging to the 988 
Lifeline is a preferred communication method for certain groups, 
specifically young adults and LGBTQI+ individuals, as well as in 
certain situations in which greater privacy is needed or when cell 
reception is inadequate to complete a phone call. As a matter of 
equity, the benefits of georouting communications to 988 should extend 
to such groups and situations for which there is a preference or need 
to contact 988 via text messaging. Are there other specific communities 
or scenarios that would benefit from the implementation of georouting 
data for texts to 988? For example, does georouting for texts 
particularly benefit people who are deaf, deafblind, hard of hearing, 
speech disabled, or have other disabilities that impact communication?
    10. Several telecommunications industry commenters and one national 
backup provider for 988 text and chat services urge the Commission to 
refrain from adopting regulations for georouting covered text messages 
to the 988 Lifeline. We specifically disagree with commenters who argue 
that existing routing mechanisms are adequate for purposes of the 988 
Lifeline and seek comment on this position. Even if ``the first six 
digits of the phone number of people reaching out to the Crisis Text 
Line are accurate to their state location approximately 86% of the 
time,'' as reported by the Crisis Text Line, georouting texts to 988 
based on cell location will ensure that an increased portion of users 
are quickly connected with local life-saving resources. We also believe 
that the benefits of georouting texts are not limited to instances in 
which the contact requires an emergency services intervention, as 
suggested by the Crisis Text Line. Instead, we consider that, as with 
voice, the benefits of georouting for text will extend to all text 
users connected to a local crisis center because such centers will be 
more familiar with the local area's resources, as well as possibly 
being more familiar with cultural issues or community stressors in the 
text user's area. While there are alternatives to automated georouting 
that can connect text users with local resources, the Commission 
remains committed to making it easier for those in crisis to get help. 
We seek comment on our analysis and this approach.
    11. The capability to provide georouting data. We seek comment on 
our proposed rule that covered text providers must have the capability 
to provide georouting data with covered 988 text messages to the 
Lifeline Administrator in a format compatible with the Lifeline's 
routing platform. In particular, we seek comment on potential 
georouting solutions for texts to the 988 Lifeline and on any progress 
to identify and implement a georouting solution for texts to 988 and 
the steps to complete implementation. We propose this requirement in 
two parts, with a separate requirement for covered text providers to 
obtain the capability to provide georouting data, in order to ensure 
that covered text providers deploy this life-saving technology on their 
networks by the proposed deadline, regardless of the 988 traffic that a 
covered text provider has historically originated. Is a separate 
requirement for covered text providers to obtain the capability to 
provide georouting data needed, or should the only georouting 
requirement for covered text providers be the requirement to provide 
georouting data to the 988 Lifeline?
    12. Commenters indicate that some progress has been made, including 
by CMRS providers, to identify a georouting solution for covered 988 
texts, particularly for SMS. We are interested in hearing from CMRS 
providers and other involved parties on the details of such solutions 
and progress. We also seek information on any parties beyond the CMRS 
providers, other covered text providers, and the Lifeline Administrator 
and/or its vendors that would need to participate in a solution for 
georouting SMS texts that are currently sent to 988. For example, 
Intrado Life & Safety states that georouting to the 988 Lifeline is 
``easily achievable . . . by applying the current routing 
infrastructure for text-to-911 and changing to support the digits `988' 
in the Text Control Centers that Intrado Life & Safety and Comtech 
maintain for text-to-911.'' We seek comment on the viability of this 
and any other solutions for providing georouting data to the 988 
Lifeline with SMS texts, and the work that still needs to be done to 
timely deploy a solution on wireless networks. Consistent with our 
findings in the Third Report and Order, (FCC 24-111), published 
elsewhere in the Federal Register, at this time we do not seek comment 
on georouting solutions for 988 covered texts that would bypass the 
initial direct and centralized routing system of the 988 Lifeline. In 
what ways are any proposed solutions for providing georouting data with 
covered 988 texts similar to or different from the solutions proposed 
for providing georouting data with wireless calls to 988? Can the work 
done by CMRS providers either to implement georouting for 988 voice 
calls or to deploy text-to-911 be leveraged for text-to-988? Are such 
solutions cost-effective and technologically feasible for both 
nationwide and non-nationwide CMRS providers and any other impacted 
covered text providers? What is the time frame for a pilot or testing 
any solutions, and what would be the anticipated time frame for moving 
from testing to operational deployment? We also seek data, documents, 
and other information that provide details about the current status of 
any proposed georouting solutions for covered 988 texts.
    13. In addition, we seek comment on what technical challenges may 
arise in providing georouting data with covered 988 text messages, and 
specifically what challenges would arise for CMRS providers and any 
other impacted covered text providers that originate

[[Page 91640]]

SMS text messages to provide georouting data with SMS text messages to 
988. Commenters disagree on the difficulty of implementing a georouting 
solution for texts to 988. Some commenters allude to technical 
challenges but fail to provide specific details as to the nature and 
scope of such challenges. We seek additional insights or comments on 
any such challenges.
    14. We disagree with arguments that the Commission should not adopt 
georouting requirements for SMS text messages to 988 based on the same 
reasoning underlying our decision to defer consideration of 911 
location-based routing requirements for SMS, namely, the absence of 
supporting standards and that not all local centers can receive texts. 
While we did consider such factors in the Location-Based Routing Order, 
89 FR 18488 (Mar. 13, 2024), the record in that proceeding also 
indicated that implementing location-based routing for texts to 911 
would require extensive retrofitting of legacy SMS networks. No similar 
record exists in this proceeding, and indeed, Intrado Life & Safety 
argues that implementing georouting for text-to-988 could be as simple 
as changes ``to support the digits `988' in the Text Control Centers 
that Intrado Life & Safety and Comtech maintain for text-to-911'' with 
no other provider-required changes for implementation. A Text Control 
Center (TCC) is a controlling functional element specified in a 
relevant standard for text-to-911. The TCC has the responsibility to 
``(1) convert various protocols and act as a gateway; (2) request 
location that may be used for routing; (3) request routing 
instructions; and (4) initiate a dialogue with the PSAP through the 
appropriate interworking function of the TCC. When the TCC receives an 
initial text message, it obtains location from the [location server]. 
It then uses that location to obtain routing instructions from the 
[routing server]. Then, the TCC converts the text message to an 
appropriate protocol and initiates a dialogue with the [Public Safety 
Answering Point] (via the emergency services network) through the 
appropriate interworking function of the TCC.'' Even if there are no 
existing standards for the interface to transmit location information 
between the Short Message Service Center (SMSC) and the TCC for texts 
to 988, the TCC is likely able to retrieve the location of the text to 
988 from the CMRS provider's Gateway Mobile Location Center (GMLC) 
using existing practices for texts to 911. A SMSC is a network element 
of a Commercial Mobile Service Provider network which distributes SMS 
messages. A GMLC is the point of interface between the GSM wireless 
network and the Emergency Services Network. The GMLC retrieves, 
forwards, stores and controls position data associated with wireless 
callers. We seek comment on this analysis. Further, 911 location-based 
routing and georouting for 988 use different granularity of data and 
different entities perform the routing function. 911 location-based 
routing uses precise data on the location of the device to route 911 
calls to the appropriate destination, whereas georouting for 988 can be 
accomplished with less granular information, such as the Federal 
Information Processing Series (FIPS) code or wire center. For 911 calls 
and texts, covered text providers determine the destination for routing 
based on available location information; for 988 calls and texts, it 
remains the purview of the 988 Lifeline and its administrator to route 
988 calls and texts based on location data provided by the provider. 
CTIA's argument that we should not extend georouting requirements to 
covered 988 text messages based on our actions in the 911 location-
based routing proceeding are unpersuasive due to these technical 
differences between these routing methodologies and differences in the 
record thus far received. We seek comment on this analysis.
    15. Providing georouting data. We seek comment on our proposed 
requirement for covered text providers to provide georouting data, when 
available, with covered 988 text messages to the Lifeline Administrator 
sufficient to allow routing of the covered 988 text message by the 
Lifeline Administrator to the appropriate crisis center based on the 
geographic area where the handset is located at the time the covered 
988 text is initiated. As with voice calls, SAMHSA, the agency with 
oversight of the 988 Lifeline Administrator, must ultimately determine 
the routing data that it will deem acceptable and that it will require 
the 988 Lifeline to configure its systems to read. What georouting data 
should covered text providers be required to provide with covered 988 
texts? Would georouting data for covered 988 texts differ from the data 
required for georouting voice calls to 988? In our proposed rule, we 
require that covered text providers provide georouting data with 
covered 988 texts ``when available.'' Is such a limitation necessary? 
Would it be preferable to require covered text providers to provide 
georouting data with texts to 988 ``when technically feasible''? Given 
that the Commission currently only requires covered text providers to 
send SMS text messages to the 988 Lifeline, are there any situations in 
which georouting data for SMS texts would not be available, and if so, 
what are such situations? Are there situations in which CMRS providers 
in particular do not have access to geolocation data for SMS text 
messages to the 988 Lifeline, and how frequently do such situations 
occur? Are there certain types of covered text providers that originate 
SMS texts for which it is technologically infeasible to obtain 
georouting data, and if so, what are those types of providers? We 
invite commenters to provide additional data in the record on the 
number and/or percentage of covered 988 texts originated by CMRS 
providers and other covered text providers. Do covered text providers 
besides CMRS providers have access to geolocation data, defined in this 
proceeding as ``cell-based''? Do they have access to other kinds of 
location data? If so, how is that location data generated and with what 
level of resolution?
    16. What steps do the Lifeline Administrator and/or its vendors 
need to take to be ready to receive georouting data for texts? What 
specific functions would the Lifeline Administrator and/or its service 
providers need to perform to successfully route texts to geographically 
appropriate crisis centers, once received by the 988 Lifeline's 
centralized routing platform? How many crisis centers can currently 
accept texts to 988, and are there plans to expand availability of 
local text resources? How would the 988 Lifeline determine the 
availability of a local crisis center to accept texts? Would texts to 
988 route to a backup crisis center if no local crisis center was 
available? As the availability of text capabilities at local crisis 
centers grows, will routing requirements change, and how would the 
Lifeline Administrator update its routing?
    17. Currently, individuals can text ``pride'' to 988 to be directly 
connected to an LGBTQI+ trained counselor or ``ayuda'' to connect with 
a Spanish-speaking counselor, and veterans and service members who text 
988 will be redirected to text 838255 to reach the Veterans Crisis 
Line. We seek comment on whether any georouting solutions for texts to 
988 that are under development contemplate routing for such texts, and 
whether georouting solutions are needed when a text-to-988 user selects 
a specialized service.
    18. Implementation time frame. We propose that covered text 
providers comply with the proposed text-to-988

[[Page 91641]]

georouting requirements by a uniform implementation deadline of six 
months from the effective date of final rules. We seek comment on this 
approach. A six-month time frame is consistent with the Commission's 
requirement in the 911 context that covered text providers route texts 
to 911 to the appropriate PSAP within six months. We believe that 
enabling georouting for texts to 988 should occur swiftly in order to 
provide improved service to text-to-988 users, and that rapid 
implementation will minimize confusion for both providers and 
individuals texting 988. Is six months an adequate amount of time for 
covered text providers to comply with the proposed requirements? If 
not, why? Should we adopt different compliance time frames for 
different kinds of covered text providers, such as nationwide or non-
nationwide CMRS providers, or other interconnected text providers, as 
INCOMPAS suggests? We note that the Commission has previously provided 
uniform timelines for texting requirements across covered text 
providers and has declined to provide different timelines for different 
kinds of covered text providers. Is the situation different with 
georouting such that we should consider a different timeframe?
    19. We ask that commenters identify any work to comply with the 
proposed requirements and the estimated time to complete that work. 
Further, we ask that commenters identify any technical, financial, 
operational, legal, or other factors that may influence the time frame 
for delivering georouting data with all covered 988 text messages. At 
this time, the Commission only requires covered text providers to 
transmit SMS text messages to 988. If the Commission determines that 
covered text providers must support formats besides SMS, when should 
covered text providers be required to come into compliance with 
georouting requirements for new covered 988 text message formats? When 
do the Lifeline Administrator and/or its vendors anticipate that it 
could receive and begin using georouting data? Should we make 
compliance with the proposed requirements conditional on the ability of 
the Lifeline Administrator and/or its vendors to receive and use 
georouting data? Should we make the georouting requirements for covered 
988 text messages effective six months after the Lifeline Administrator 
indicates that it can receive and use georouting data with text 
messages? Alternatively, should we make compliance conditional on the 
development of resources at the local level to respond to texts to 988?

Legal Authority

    20. We tentatively conclude that the Commission has authority under 
Title III of the Act and the 21st Century Communications and Video 
Accessibility Act of 2010 (CVAA) to adopt rules requiring covered text 
providers to deliver georouting data with covered 988 text messages, 
and we seek comment on this tentative conclusion. As discussed in the 
Text-to-988 Second Report and Order, 87 FR 398 (Jan. 5, 2022), Title 
III of the Act provides us a broad mandate to manage spectrum usage in 
the public interest. We believe Title III of the Act provides us 
sufficient authority to require CMRS providers to implement georouting 
for text-to-988 given the scope of the benefits we estimate will accrue 
as the result of these proposed rules. The CVAA grants us authority to 
adopt ``other regulations . . . as are necessary to achieve reliable, 
interoperable communication that ensures access by individuals with 
disabilities to an internet protocol-enabled emergency network.'' The 
Commission has previously concluded that the 988 Lifeline constitutes 
an emergency network and that text-to-988 service provides access to 
emergency services for people with disabilities, including those with 
hearing and speech disabilities. As a result, we believe the CVAA 
provides us authority to require interconnected text providers to 
implement georouting for text-to-988 service because such steps improve 
access for people with disabilities to the 988 network. We seek comment 
on our analysis and tentative conclusion.

Benefits and Costs of 988 Georouting for Texts to 988

    21. In the Third Report and Order (FCC 24-111), published elsewhere 
in the Federal Register, we estimated benefits of $120 million from 
georouting wireless calls to the 988 Lifeline. We expect that layering 
on the capability to georoute texts to 988 and the data requirements 
entailed will add some incremental costs. We estimate five-year, text-
to-988 georouting benefits of nearly $17 million. Wireless carriers 
have offered no specific, credible estimates of implementation costs. 
We seek comment on this analysis and encourage commenters to submit 
more granular data on costs and benefits.

Benefits

    22. Reduced Suicide Mortality. Suicide elicits shock, anguish, 
grief, and guilt among survivors. Imitators often follow suit, creating 
clusters that compound communities' suffering. While we lack the tools 
to quantify and monetize this burden on communities, we can acknowledge 
its vastness. Similarly, we cannot measure the full benefit of suicide 
prevention. We can, however, estimate what communities might be willing 
to pay to prevent suicide, more formally the value of reduced mortality 
risk (VRMR). We tentatively conclude that the VRMR for the ability to 
send texts to 988 is large and seek comment on this tentative 
conclusion and analysis.
    23. In estimating the benefits for implementing georouting for 
covered texts to 988, we focus on the benefits that specifically would 
accrue to youth and young adults that have been exposed to text-to-988 
misroutes. We seek comment on this approach. The record in this 
proceeding indicates that young Americans, who are disproportionately 
at risk for mental health crises, prefer communicating by text rather 
than calls. Studies tell us that children, on average, get their first 
cellphones by 11.6 years of age. By the age of 13, 95% percent of 
teenagers have access to a smartphone, and 97% of teens 15-17 years old 
own a smartphone. The American Foundation for Suicide Prevention cites 
a 2022 study's finding that ``over three-quarters of the texts to the 
Crisis Text Line in one twelve-month period were initiated by 
individuals under the age of 25.'' More precisely, 76% of 988 texts are 
generated by youth and young adults 24 and younger. Because 988 texts 
are routed using cellphone numbers, like voice calls to 988, some 
fraction of texts to 988 are bound to be misrouted. Heavy reliance on 
texting renders youth the demographic group most vulnerable to 988 text 
misrouting. The fraction of youth and young adults at risk is large. 
The Crisis Text Line's comments tell us that ``[c]urrently, texts to 
988 are routed utilizing cell phone area codes'' and ``the first six 
digits of the phone number of people reaching out to Crisis Text Line 
are accurate to their state location approximately 86% of the time.'' 
From that statistic, we infer that the remaining 14% of texts routed by 
the first six digits of the originating device are inaccurate to their 
state location, or geographically mismatched. In 2022, there were 
nearly 72.5 million youth and young adults 17 and under, of whom 791 
committed suicide after that year's July 16 launch of 988. Whether we 
allocate by number of months (i.e., 6/12 = 0.5) or by total suicides 
for July-December (i.e., 24,742/49,746 = 0.500008085), half of any age 
cohort's suicides can be attributed to July-December 2022. We do not 
know what fraction of youth outreach to 988

[[Page 91642]]

would be by text; conservatively, we assume one half. This implies 
about 55.4 (= 791 * 14%/2) young persons would have been exposed to 
text-to-988 misroutes. We seek comment on this analysis and encourage 
commenters to submit additional data on the benefits to implementing 
georouting for texts to 988.
    24. Georouting texts could have reduced suicide mortality. The 
Crisis Text Line points out that ``approximately less than 3% of all 
988 contacts resulting (sic) in an emergency services intervention 
requiring local support,'' meaning emergency intervention could have 
benefited at minimum about 1.66 (= 3% * 791 * 14%/2) youth suicide 
victims annually whose dispatch might be subject to delays due to 
misrouting. The comment record suggests that misrouting causes 
customized, local crisis-intervention services to arrive late or not at 
all, delaying effective interventions. We examine the consequences for 
suicide mortality of a minimal, one-minute delay in the effectiveness 
of texts to 988. Commission staff have previously estimated that a one-
minute reduction in emergency response time can reduce mortality by 
17%. A 17% reduction in the total number of deaths attributable to 
suicide among youth 17 and under with possible geographic mismatch 
would amount to about 0.28 (= 17% * 3% * 791 * 14%/2) fewer annual 
death due to suicide, a mortality-reduction risk for which Americans 
would collectively be willing to pay $3.5 (= 0.28 * $12.5) million 
annually. The present value of a five-year stream of such payments is 
$16.5 million. We use a VRMR of $12.5 million. The present value of 
five equal annual payments using OMB Circular A-4's discount rate of 2% 
is ~$16,500,000. We seek comment on this analysis and additional data 
we should consider.
    25. Other Benefits and Possible Benefits Underestimation. We 
suspect that our tally underestimates the benefits of georouting texts 
to 988 for several other reasons and seek comment on our analysis 
herein. First, along with suicide reduction, it is expected that text-
to-988 georouting will reduce suicide attempts and their accompanying 
medical, lost-work, and lost-quality-of-life costs. We have not 
estimated these benefits but seek comment on their validity and impact. 
Second, our reliance on the Crisis Text Line's assertion that the first 
six digits of the phone number are accurate to the user's state 
location approximately 86% of the time is likely an overestimation of 
the accuracy rate of texts reaching the appropriate 988 crisis center. 
We consider, in particular, that in large, populous states such as 
California, Florida, New York, and Texas--the four states that are 
collectively home to more than one-third of U.S. population--there are 
vast economic, cultural, and language differences within their borders 
that could hinder effective suicide intervention if the text is not 
routed to the 988 crisis center serving the location of the text user. 
Even though we rely on the Crisis Text Line's estimation, our analysis 
likely overstates the percentage of texts that are currently routed to 
the appropriate 988 crisis center. As a result, the benefits of our 
proposed intervention are likely underestimated. We seek comment on 
this assumption and our rationale.
    26. Another reason our tally may underestimate the benefits of 
georouting texts to 988 is that youths 17 and under are the age cohort 
losing the greatest number of productive years of life to suicide. In 
2022 alone, the 1,582 suicides among youth 17 and under cost the U.S. 
78,866 potential years of life before age 65, the typical retirement 
age. Our age-agnostic valuation of reduced mortality may not fully 
capture this loss. In addition, 24% of texts to 988 are generated by 
adults; therefore, by excluding adults we overlook the prevention a 
sizable fraction of the 47,891 suicides among those 18 and older, for 
whom we proffer no estimated benefits of mortality reduction. Further, 
we do include morbidity and property costs associated with unsuccessful 
suicide attempts. Finally, we have not reckoned at all with the vast, 
unquantifiable benefits of sparing victims' families, friends, and 
communities the emotional devastation of losing children to suicide. We 
seek comment on the magnitude of any benefits that we may have 
overlooked or underestimated. More generally, we seek comment on our 
benefits estimates and the methodology underlying them. In particular, 
we seek comment on the assumptions used to identify and estimate the 
number of text-to-988 misroutes among youth 17 and under. We seek 
comment on the number of 988 misroutes occurring among adults 18 and 
older. We also seek comment on the extent of text-to-988 misroutes that 
may be occurring among LGBTQI+ individuals, racial and ethnic 
minorities, veterans, and other communities at disproportionately 
greater risk of suicide.

Costs

    27. AT&T, the Crisis Text Line, and CTIA warn of significant text-
to-988 implementation challenges, both on the processing and receiving 
ends of 988 texts, and urge the Commission to either delay or 
altogether refrain from requiring text-to-988 capability. INCOMPAS 
advocates a four-year text-to-988 implementation timeline for non-
nationwide wireless providers. According to Intrado Life & Safety, on 
the other hand, ``developing a text-to-988 solution for both the 
current 988 Lifeline network and state ESInets tells us the problem is 
easily addressable from a technical standpoint. Implementing text-to-
988 is easily achievable through either the current 988 Lifeline or to 
a state's ESInet by applying the current routing infrastructure for 
text-to-911 and changing to support the digits `988' in the Text 
Control Centers that Intrado Life & Safety and Comtech maintain for 
text-to-911.'' Intrado Life & Safety continues, ``[p]roviders should 
not require any other changes for implementation. The only credible 
barrier to text-to-988 is that the 988 Lifeline network is likely not 
currently capable of georouting text-to-988 calls, but this potential 
barrier disappears if providers leverage the states' existing NG911 
infrastructure.'' Given competing claims regarding implementation 
costs, we seek comment on credible, specific estimates of 
implementation costs and how such costs may vary by type or size of 
provider, network technology, or along any other relevant dimension. 
What are the key costs of setting up geolocation for covered 988 texts? 
What are the costs for covered text providers to have the capability to 
provide georouting data with covered 988 text messages? What are the 
costs for covered text providers to provide georouting data with 
covered 988 text messages, when available, to the 988 Lifeline? What 
aspects of implementation of georouting for 988 voice calls will 
transfer to geolocation for covered 988 texts at minimal additional 
cost? We seek comment on the cost to providers of directly implementing 
our proposed requirements, or alternatively of purchasing the required 
services from a third-party. What costs are associated with Text 
Control Centers, if such a solution is chosen by covered text 
providers? We also seek detailed descriptions of the technical barriers 
to implementing georouting for text-to-988 and specific, itemized 
estimates of the costs of overcoming those barriers, if possible. We 
seek detailed descriptions of the nature and costs of any proposed 
technically feasible solutions to implement text-to-988 and their 
accompanying timelines.

[[Page 91643]]

Other Efforts To Promote Digital Equity and Inclusion

    28. Digital Equity. The Commission, as part of its continuing 
effort to advance digital equity for all, including people of color, 
persons with disabilities, persons who live in rural or Tribal areas, 
and others who have been historically underserved, marginalized, and 
adversely affected by persistent poverty and inequality, invites 
comments on any equity-related considerations and benefits (if any) 
that may be associated with the proposals and issues discussed herein. 
Specifically, we seek comment on how our proposals may promote or 
inhibit advances in diversity, equity, inclusion, and accessibility, as 
well as the scope of the Commission's relevant legal authority.

Initial Regulatory Flexibility Analysis

    29. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on small entities by the policies and rules proposed in the 
Implementation of the National Suicide Hotline Improvement Act of 2018, 
Third Further Notice of Proposed Rulemaking (FNPRM). Written public 
comments are requested on the IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comments 
in the FNPRM. The Commission will send a copy of the FNPRM, including 
the IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA). In addition, the FNPRM and IRFA (or summaries 
thereof) will be published in the Federal Register.

Need for, and Objectives of, the Proposed Rules

    30. In the FNPRM, we propose to require 988 covered text providers 
to support georouting in order to ensure that the 988 Lifeline may 
route covered 988 text messages to the appropriate local crisis center 
and enhance the support and resources available to text users in 
crisis. Currently, covered 988 text messages are routed to local crisis 
centers using information conveyed by the number assigned to the 
device, such as the area code, which in many cases will not reflect the 
current location of the device user. Mental health and crisis 
counseling experts have opined that connecting callers in crisis with 
local crisis centers is important to connect life-saving services to 
those in need of public health and safety resources and enable them to 
speak with local counselors who may be more familiar with cultural 
issues or community stressors in the caller's area. To better connect 
988 text users with local crisis resources, we propose to adopt and 
seek comment on a two-part requirement for covered text providers to: 
(1) have the capability to provide georouting data with covered 988 
text messages to the Lifeline Administrator; and (2) provide georouting 
data, when available, with covered 988 text messages to the Lifeline 
Administrator. Covered text providers would be required to comply with 
this requirement six months from the effective date of final rules.

Legal Basis

    31. The proposed action is authorized under Sec. Sec.  1, 2, 4, 
201, 218, 251(e), 301, 303, 307, 309(a), 316, 332, and 615c of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154, 201, 
218, 251(e), 301, 303, 307, 309(a), 316, 332, and 615c.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    32. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules and by the rule revisions on which the 
Notice seeks comment, if adopted. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small-business concern'' under the Small Business 
Act. A ``small-business concern'' is one which: (1) is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    33. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe, at the 
outset, three broad groups of small entities that could be directly 
affected herein. First, while there are industry specific size 
standards for small businesses that are used in the regulatory 
flexibility analysis, according to data from the SBA Office of 
Advocacy, in general a small business is an independent business having 
fewer than 500 employees. These types of small businesses represent 
99.9% of all businesses in the United States, which translates to 33.2 
million businesses.
    34. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2022, there were 
approximately 530,109 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    35. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2022 Census of Governments indicate there were 
90,837 local governmental jurisdictions consisting of general purpose 
governments and special purpose governments in the United States. Of 
this number, there were 36,845 general purpose governments (county, 
municipal, and town or township) with populations of less than 50,000 
and 11,879 special purpose governments (independent school districts) 
with enrollment populations of less than 50,000. Accordingly, based on 
the 2022 U.S. Census of Governments data, we estimate that at least 
48,724 entities fall into the category of ``small governmental 
jurisdictions.''
    36. Wired Telecommunications Carriers. The U.S. Census Bureau 
defines this industry as establishments primarily engaged in operating 
and/or providing access to transmission facilities and infrastructure 
that they own and/or lease for the transmission of voice, data, text, 
sound, and video using wired communications networks. Transmission 
facilities may be based on a single technology or a combination of 
technologies. Establishments in this industry use the wired 
telecommunications network facilities that they operate to provide a 
variety of services, such as wired telephony services, including VoIP 
services, wired (cable) audio and video programming distribution, and 
wired broadband internet services. By exception, establishments 
providing satellite television distribution services using facilities 
and infrastructure that they operate are included in this industry. 
Wired Telecommunications Carriers are also referred to as wireline 
carriers or fixed local service providers.

[[Page 91644]]

    37. The SBA small business size standard for Wired 
Telecommunications Carriers classifies firms having 1,500 or fewer 
employees as small. U.S. Census Bureau data for 2017 show that there 
were 3,054 firms that operated in this industry for the entire year. Of 
this number, 2,964 firms operated with fewer than 250 employees. 
Additionally, based on Commission data in the 2022 Universal Service 
Monitoring Report, as of December 31, 2021, there were 4,590 providers 
that reported they were engaged in the provision of fixed local 
services. Of these providers, the Commission estimates that 4,146 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    38. Local Exchange Carriers (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. Providers of these services 
include both incumbent and competitive local exchange service 
providers. Wired Telecommunications Carriers is the closest industry 
with an SBA small business size standard. Wired Telecommunications 
Carriers are also referred to as wireline carriers or fixed local 
service providers. The SBA small business size standard for Wired 
Telecommunications Carriers classifies firms having 1,500 or fewer 
employees as small. U.S. Census Bureau data for 2017 show that there 
were 3,054 firms that operated in this industry for the entire year. Of 
this number, 2,964 firms operated with fewer than 250 employees. 
Additionally, based on Commission data in the 2022 Universal Service 
Monitoring Report, as of December 31, 2021, there were 4,590 providers 
that reported they were fixed local exchange service providers. Of 
these providers, the Commission estimates that 4,146 providers have 
1,500 or fewer employees. Consequently, using the SBA's small business 
size standard, most of these providers can be considered small 
entities.
    39. Incumbent Local Exchange Carriers (Incumbent LECs). Neither the 
Commission nor the SBA have developed a small business size standard 
specifically for incumbent local exchange carriers. Wired 
Telecommunications Carriers is the closest industry with an SBA small 
business size standard. The SBA small business size standard for Wired 
Telecommunications Carriers classifies firms having 1,500 or fewer 
employees as small. U.S. Census Bureau data for 2017 show that there 
were 3,054 firms in this industry that operated for the entire year. Of 
this number, 2,964 firms operated with fewer than 250 employees. 
Additionally, based on Commission data in the 2022 Universal Service 
Monitoring Report, as of December 31, 2021, there were 1,212 providers 
that reported they were incumbent local exchange service providers. Of 
these providers, the Commission estimates that 916 providers have 1,500 
or fewer employees. Consequently, using the SBA's small business size 
standard, the Commission estimates that the majority of incumbent local 
exchange carriers can be considered small entities.
    40. Competitive Local Exchange Carriers (CLECs). Neither the 
Commission nor the SBA has developed a size standard for small 
businesses specifically applicable to local exchange services. 
Providers of these services include several types of competitive local 
exchange service providers. Wired Telecommunications Carriers is the 
closest industry with a SBA small business size standard. The SBA small 
business size standard for Wired Telecommunications Carriers classifies 
firms having 1,500 or fewer employees as small. U.S. Census Bureau data 
for 2017 show that there were 3,054 firms that operated in this 
industry for the entire year. Of this number, 2,964 firms operated with 
fewer than 250 employees. Additionally, based on Commission data in the 
2022 Universal Service Monitoring Report, as of December 31, 2021, 
there were 3,378 providers that reported they were competitive local 
service providers. Of these providers, the Commission estimates that 
3,230 providers have 1,500 or fewer employees. Consequently, using the 
SBA's small business size standard, most of these providers can be 
considered small entities.
    41. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA have developed a small business size standard specifically for 
Interexchange Carriers. Wired Telecommunications Carriers is the 
closest industry with a SBA small business size standard. The SBA small 
business size standard for Wired Telecommunications Carriers classifies 
firms having 1,500 or fewer employees as small. U.S. Census Bureau data 
for 2017 show that there were 3,054 firms that operated in this 
industry for the entire year. Of this number, 2,964 firms operated with 
fewer than 250 employees. Additionally, based on Commission data in the 
2022 Universal Service Monitoring Report, as of December 31, 2021, 
there were 127 providers that reported they were engaged in the 
provision of interexchange services. Of these providers, the Commission 
estimates that 109 providers have 1,500 or fewer employees. 
Consequently, using the SBA's small business size standard, the 
Commission estimates that the majority of providers in this industry 
can be considered small entities.
    42. Local Resellers. Neither the Commission nor the SBA have 
developed a small business size standard specifically for Local 
Resellers. Telecommunications Resellers is the closest industry with a 
SBA small business size standard. The Telecommunications Resellers 
industry comprises establishments engaged in purchasing access and 
network capacity from owners and operators of telecommunications 
networks and reselling wired and wireless telecommunications services 
(except satellite) to businesses and households. Establishments in this 
industry resell telecommunications; they do not operate transmission 
facilities and infrastructure. Mobile virtual network operators (MVNOs) 
are included in this industry. The SBA small business size standard for 
Telecommunications Resellers classifies a business as small if it has 
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that 
1,386 firms in this industry provided resale services for the entire 
year. Of that number, 1,375 firms operated with fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 207 
providers that reported they were engaged in the provision of local 
resale services. Of these providers, the Commission estimates that 202 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    43. Toll Resellers. Neither the Commission nor the SBA have 
developed a small business size standard specifically for Toll 
Resellers. Telecommunications Resellers is the closest industry with a 
SBA small business size standard. The Telecommunications Resellers 
industry comprises establishments engaged in purchasing access and 
network capacity from owners and operators of telecommunications 
networks and reselling wired and wireless telecommunications services 
(except satellite) to businesses and households. Establishments in this 
industry resell telecommunications; they do not operate transmission 
facilities and

[[Page 91645]]

infrastructure. Mobile virtual network operators (MVNOs) are included 
in this industry. The SBA small business size standard for 
Telecommunications Resellers classifies a business as small if it has 
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that 
1,386 firms in this industry provided resale services for the entire 
year. Of that number, 1,375 firms operated with fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 457 
providers that reported they were engaged in the provision of toll 
services. Of these providers, the Commission estimates that 438 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    44. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a definition for small businesses specifically applicable to 
Other Toll Carriers. This category includes toll carriers that do not 
fall within the categories of interexchange carriers, operator service 
providers, prepaid calling card providers, satellite service carriers, 
or toll resellers. Wired Telecommunications Carriers is the closest 
industry with a SBA small business size standard. The SBA small 
business size standard for Wired Telecommunications Carriers classifies 
firms having 1,500 or fewer employees as small. U.S. Census Bureau data 
for 2017 show that there were 3,054 firms in this industry that 
operated for the entire year. Of this number, 2,964 firms operated with 
fewer than 250 employees. Additionally, based on Commission data in the 
2022 Universal Service Monitoring Report, as of December 31, 2021, 
there were 90 providers that reported they were engaged in the 
provision of other toll services. Of these providers, the Commission 
estimates that 87 providers have 1,500 or fewer employees. 
Consequently, using the SBA's small business size standard, most of 
these providers can be considered small entities.
    45. Prepaid Calling Card Providers. Neither the Commission nor the 
SBA has developed a small business size standard specifically for 
prepaid calling card providers. Telecommunications Resellers is the 
closest industry with a SBA small business size standard. The 
Telecommunications Resellers industry comprises establishments engaged 
in purchasing access and network capacity from owners and operators of 
telecommunications networks and reselling wired and wireless 
telecommunications services (except satellite) to businesses and 
households. Establishments in this industry resell telecommunications; 
they do not operate transmission facilities and infrastructure. Mobile 
virtual network operators (MVNOs) are included in this industry. The 
SBA small business size standard for Telecommunications Resellers 
classifies a business as small if it has 1,500 or fewer employees. U.S. 
Census Bureau data for 2017 show that 1,386 firms in this industry 
provided resale services for the entire year. Of that number, 1,375 
firms operated with fewer than 250 employees. Additionally, based on 
Commission data in the 2022 Universal Service Monitoring Report, as of 
December 31, 2021, there were 62 providers that reported they were 
engaged in the provision of prepaid card services. Of these providers, 
the Commission estimates that 61 providers have 1,500 or fewer 
employees. Consequently, using the SBA's small business size standard, 
most of these providers can be considered small entities.
    46. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
SBA size standard for this industry classifies a business as small if 
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show 
that there were 2,893 firms in this industry that operated for the 
entire year. Of that number, 2,837 firms employed fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 594 
providers that reported they were engaged in the provision of wireless 
services. Of these providers, the Commission estimates that 511 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    47. Cable and Other Subscription Programming. The U.S. Census 
Bureau defines this industry as establishments primarily engaged in 
operating studios and facilities for the broadcasting of programs on a 
subscription or fee basis. The broadcast programming is typically 
narrowcast in nature (e.g., limited format, such as news, sports, 
education, or youth-oriented). These establishments produce programming 
in their own facilities or acquire programming from external sources. 
The programming material is usually delivered to a third party, such as 
cable systems or direct-to-home satellite systems, for transmission to 
viewers. The SBA small business size standard for this industry 
classifies firms with annual receipts less than $47 million as small. 
Based on U.S. Census Bureau data for 2017, 378 firms operated in this 
industry during that year. Of that number, 149 firms operated with 
revenue of less than $25 million a year and 44 firms operated with 
revenue of $25 million or more. Based on this data, the Commission 
estimates that a majority of firms in this industry are small.
    48. Cable Companies and Systems (Rate Regulation). The Commission 
has developed its own small business size standard for the purpose of 
cable rate regulation. Under the Commission's rules, a ``small cable 
company'' is one serving 400,000 or fewer subscribers nationwide. Based 
on industry data, there are about 420 cable companies in the U.S. Of 
these, only seven have more than 400,000 subscribers. In addition, 
under the Commission's rules, a ``small system'' is a cable system 
serving 15,000 or fewer subscribers. Based on industry data, there are 
about 4,139 cable systems (headends) in the U.S. Of these, about 639 
have more than 15,000 subscribers. Accordingly, the Commission 
estimates that the majority of cable companies and cable systems are 
small.
    49. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, contains a size standard for a 
``small cable operator,'' which is ``a cable operator that, directly or 
through an affiliate, serves in the aggregate fewer than one percent of 
all subscribers in the United States and is not affiliated with any 
entity or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' For purposes of the Telecom Act Standard, the 
Commission determined that a cable system operator that serves fewer 
than 498,000 subscribers, either directly or through affiliates, will 
meet the definition of a small cable operator. Based on industry data, 
only six cable system operators have more than 498,000 subscribers. 
Accordingly, the Commission estimates that the majority of cable system 
operators are small under this size standard. We note however, that the 
Commission neither requests nor collects information on whether cable 
system operators are affiliated with entities whose gross annual 
revenues exceed $250 million.

[[Page 91646]]

Therefore, we are unable at this time to estimate with greater 
precision the number of cable system operators that would qualify as 
small cable operators under the definition in the Communications Act.
    50. All Other Telecommunications. This industry is comprised of 
establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. Providers of 
internet services (e.g. dial-up ISPs) or Voice over internet Protocol 
(VoIP) services, via client-supplied telecommunications connections are 
also included in this industry. The SBA small business size standard 
for this industry classifies firms with annual receipts of $40 million 
or less as small. U.S. Census Bureau data for 2017 show that there were 
1,079 firms in this industry that operated for the entire year. Of 
those firms, 1,039 had revenue of less than $25 million. Based on this 
data, the Commission estimates that the majority of ``All Other 
Telecommunications'' firms can be considered small.
    51. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment. The SBA small business size standard for this 
industry classifies businesses having 1,250 employees or less as small. 
U.S. Census Bureau data for 2017 show that there were 656 firms in this 
industry that operated for the entire year. Of this number, 624 firms 
had fewer than 250 employees. Thus, under the SBA size standard, the 
majority of firms in this industry can be considered small.
    52. Semiconductor and Related Device Manufacturing. This industry 
comprises establishments primarily engaged in manufacturing 
semiconductors and related solid state devices. Examples of products 
made by these establishments are integrated circuits, memory chips, 
microprocessors, diodes, transistors, solar cells and other 
optoelectronic devices. The SBA small business size standard for this 
industry classifies entities having 1,250 or fewer employees as small. 
U.S. Census Bureau data for 2017 show that there were 729 firms in this 
industry that operated for the entire year. Of this total, 673 firms 
operated with fewer than 250 employees. Thus under the SBA size 
standard, the majority of firms in this industry can be considered 
small.
    53. Software Publishers. This industry comprises establishments 
primarily engaged in computer software publishing or publishing and 
reproduction. Establishments in this industry carry out operations 
necessary for producing and distributing computer software, such as 
designing, providing documentation, assisting in installation, and 
providing support services to software purchasers. These establishments 
may design, develop, and publish, or publish only. The SBA small 
business size standard for this industry classifies businesses having 
annual receipts of $47 million or less as small. U.S. Census Bureau 
data for 2017 indicate that 7,842 firms in this industry operated for 
the entire year. Of this number 7,226 firms had revenue of less than 
$25 million. Based on this data, we conclude that a majority of firms 
in this industry are small.
    54. Internet Service Providers (Non-Broadband). Internet access 
service providers using client-supplied telecommunications connections 
(e.g., dial-up ISPs) as well as VoIP service providers using client-
supplied telecommunications connections fall in the industry 
classification of All Other Telecommunications. The SBA small business 
size standard for this industry classifies firms with annual receipts 
of $40 million or less as small. For this industry, U.S. Census Bureau 
data for 2017 show that there were 1,079 firms in this industry that 
operated for the entire year. Of those firms, 1,039 had revenue of less 
than $25 million. Consequently, under the SBA size standard a majority 
of firms in this industry can be considered small.
    55. Wired Broadband Internet Access Service Providers (Wired ISPs). 
Providers of wired broadband internet access service include various 
types of providers except dial-up internet access providers. Wireline 
service that terminates at an end user location or mobile device and 
enables the end user to receive information from and/or send 
information to the internet at information transfer rates exceeding 200 
kilobits per second (kbps) in at least one direction is classified as a 
broadband connection under the Commission's rules. Wired broadband 
internet services fall in the Wired Telecommunications Carriers 
industry. The SBA small business size standard for this industry 
classifies firms having 1,500 or fewer employees as small. U.S. Census 
Bureau data for 2017 show that there were 3,054 firms that operated in 
this industry for the entire year. Of this number, 2,964 firms operated 
with fewer than 250 employees.
    56. Additionally, according to Commission data on internet access 
services as of June 30, 2019, nationwide there were approximately 2,747 
providers of connections over 200 kbps in at least one direction using 
various wireline technologies. The Commission does not collect data on 
the number of employees for providers of these services, therefore, at 
this time we are not able to estimate the number of providers that 
would qualify as small under the SBA's small business size standard. 
However, in light of the general data on fixed technology service 
providers in the Commission's 2022 Communications Marketplace Report, 
we believe that the majority of wireline internet access service 
providers can be considered small entities.
    57. Wireless Broadband Internet Access Service Providers (Wireless 
ISPs or WISPs). Providers of wireless broadband internet access service 
include fixed and mobile wireless providers. The Commission defines a 
WISP as ``[a] company that provides end-users with wireless access to 
the internet[.]'' Wireless service that terminates at an end user 
location or mobile device and enables the end user to receive 
information from and/or send information to the internet at information 
transfer rates exceeding 200 kilobits per second (kbps) in at least one 
direction is classified as a broadband connection under the 
Commission's rules. Neither the SBA nor the Commission have developed a 
size standard specifically applicable to Wireless Broadband internet 
Access Service Providers. The closest applicable industry with an SBA 
small business size standard is Wireless Telecommunications Carriers 
(except Satellite). The SBA size standard for this industry classifies 
a business as small if it has 1,500 or fewer employees. U.S. Census 
Bureau data for 2017 show that there were 2,893 firms in this industry 
that operated for the entire year. Of that number, 2,837 firms employed 
fewer than 250 employees.
    58. Additionally, according to Commission data on internet access 
services as of June 30, 2019, nationwide

[[Page 91647]]

there were approximately 1,237 fixed wireless and 70 mobile wireless 
providers of connections over 200 kbps in at least one direction. The 
Commission does not collect data on the number of employees for 
providers of these services, therefore, at this time we are not able to 
estimate the number of providers that would qualify as small under the 
SBA's small business size standard. However, based on data in the 
Commission's 2022 Communications Marketplace Report on the small number 
of large mobile wireless nationwide and regional facilities-based 
providers, the dozens of small regional facilities-based providers and 
the number of wireless mobile virtual network providers in general, as 
well as on terrestrial fixed wireless broadband providers in general, 
we believe that the majority of wireless internet access service 
providers can be considered small entities.
    59. All Other Information Services. This industry comprises 
establishments primarily engaged in providing other information 
services (except news syndicates, libraries, archives, internet 
publishing and broadcasting, and Web search portals). The SBA small 
business size standard for this industry classifies firms with annual 
receipts of $47 million or less as small. U.S. Census Bureau data for 
2017 show that there were 704 firms in this industry that operated for 
the entire year. Of those firms, 556 had revenue of less than $25 
million. Consequently, we estimate that the majority of firms in this 
industry are small entities.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities

    60. The FNPRM proposes and seeks comment on implementing new 
georouting rules for covered 988 text messages, that if adopted, may 
impose new or modified compliance obligations on small entities. In 
particular, we propose to require covered text providers to have the 
capability to provide and to actually provide georouting data to the 
988 Lifeline with covered texts, when such information is available. We 
also propose that covered text providers be subject to georouting 
requirements to the same extent that they are currently required to 
send covered 988 texts to the 988 Lifeline. Covered text providers 
would be required to comply with this requirement six months from the 
effective date of final rules. In addition, we tentatively conclude 
that, at a minimum, Commercial Mobile Radio Service (CMRS) providers 
must support georouting for Short Message Service (SMS) text formats to 
the Lifeline.
    61. The record in the FNPRM indicates small providers may face 
various barriers to compliance, however it does not currently contain 
detailed information on the costs for covered text providers to 
implement georouting for covered 988 text messages. Therefore, at this 
time, the Commission is not in a position to determine whether 
implementation of georouting for covered 988 text messages would result 
in significant costs for covered text providers. To help the Commission 
more fully evaluate the cost of compliance, we seek additional detailed 
information on various cost issues implicated by our proposed rules. 
Specifically, we have requested information on technological challenges 
and the costs for covered text providers to implement georouting for 
covered 988 text messages. We expect the information that we receive in 
response to our requested cost inquiries will help the Commission 
identify and evaluate compliance costs and burdens for small entities 
that may result from the proposals and inquiries we make in the FNPRM 
to implement georouting for covered 988 text messages.

Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    62. The RFA requires an agency to describe any significant 
alternatives that could minimize impacts to small entities that it has 
considered in reaching its proposed approach, which may include the 
following four alternatives (among others): (1) the establishment of 
differing compliance or reporting requirements or timetables that take 
into account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for such small entities; (3) the 
use of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.
    63. In the FNPRM, the Commission seeks comment from all entities, 
including small entities, regarding the impact of the proposed rules on 
small entities. The Commission seeks comment on the impact, cost or 
otherwise, that requiring georouting for text-to-988 will impose on 
regional and rural carriers and small businesses. The Commission also 
seeks comment on whether to limit the scope of the georouting rule to 
one or more specific text formats, such as SMS, or to certain types of 
covered text providers, such as CMRS providers or covered text 
providers that have access to cellular networks. We will also consider 
whether the rule should require covered text providers provide 
georouting data with covered 988 texts ``when available'' as proposed, 
or instead provide georouting data with texts to 988 ``when technically 
feasible.'' Further, the Commission asks whether to extend compliance 
time frames for different kinds of covered text providers, such as 
nationwide or non-nationwide CMRS providers or other kinds of 
interconnected text providers.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    64. None.

List of Subjects in 47 CFR Part 52

    Communications common carriers, Telecommunications, Telephone

Federal Communications Commission.

Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 52 as follows:

PART 52--NUMBERING

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 155, 201-205, 207-209, 
218, 225-227, 251-252, 271, 303, 332, unless otherwise noted.

0
2. Amend Sec.  52.201 by:
0
a. Revising paragraph (b);
0
b. Adding in alphabetical order definitions for ``Commercial mobile 
radio service (CMRS),'' ``Georouting data,'' and ``Lifeline 
Administrator'' in paragraph (c); and
0
c. Adding paragraph (d).
    The revisions and additions read as follows:

Sec.  52.201  Texting to the National Suicide Prevention and Mental 
Health Crisis Hotline.

* * * * *
    (b) Access to SMS networks for 988 text messages. To the extent 
that Commercial Mobile Radio Service (CMRS) providers offer Short 
Message Service (SMS), they shall allow access by any other covered 
text provider to the capabilities necessary for transmission of 988 
text messages originating on such other covered text providers' 
application services.
    (c) * * *
    Commercial mobile radio service (CMRS) means a mobile service that 
is:

[[Page 91648]]

    (i)(A) Provided for profit, i.e., with the intent of receiving 
compensation or monetary gain;
    (B) An interconnected service; and
    (C) Available to the public, or to such classes of eligible users 
as to be effectively available to a substantial portion of the public; 
or
    (ii) The functional equivalent of such a mobile service described 
in paragraph (i)(A) of this definition.
    (iii) A variety of factors may be evaluated to make a determination 
whether the mobile service in question is the functional equivalent of 
a commercial mobile radio service, including: Consumer demand for the 
service to determine whether the service is closely substitutable for a 
commercial mobile radio service; whether changes in price for the 
service under examination, or for the comparable commercial mobile 
radio service, would prompt customers to change from one service to the 
other; and market research information identifying the targeted market 
for the service under review.
    (iv) Unlicensed radio frequency devices under part 15 of this 
chapter are excluded from this definition of Commercial mobile radio 
service.
* * * * *
    Georouting data means location data generated from cell-based 
location technology that is aggregated to a level that will not 
identify the location of the cell site or base station receiving the 
988 call or text or otherwise identify the precise location of the 
handset.
    Lifeline Administrator is the entity that controls the 988 call 
routing platform pursuant to contract with the Substance Abuse Mental 
Health Services Administration.
* * * * *
    (d) Georouting. By [DATE SIX MONTHS AFTER DATE OF PUBLICATION OF 
THE FINAL RULE], all covered text providers must:
    (1) Have the capability to provide georouting data with covered 988 
text messages to the Lifeline Administrator in a format that is 
compatible with the Lifeline's routing platform, to allow routing of 
the covered 988 text message by the Lifeline Administrator to the 
appropriate crisis center based on the geographic area where the 
handset is located at the time the covered 988 text is initiated.
    (2) Provide georouting data, when available, with covered 988 text 
messages to the Lifeline Administrator sufficient to allow routing of 
the covered 988 text message by the Lifeline Administrator to the 
appropriate crisis center based on the geographic area where the 
handset is located at the time the covered 988 text is initiated.

[FR Doc. 2024-26795 Filed 11-19-24; 8:45 am]
BILLING CODE 6712-01-P
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