[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Proposed Rules]
[Pages 34679-34695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13974]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 4 and 9

[PS Docket No. 15-80, PS Docket No. 13-75, ET Docket No. 04-35; FCC 21-
45; FR ID 28761]


Disruptions to Communications; Improving 911 Reliability

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: Through this Third Notice of Proposed Rulemaking (NPRM), the 
Federal Communications Commission (FCC or Commission) proposes several 
rules to promote public safety by ensuring that 911 call centers and 
the public receive timely and useful notifications of network 
disruptions that affect 911 service. The NPRM seeks comment on whether 
to harmonize the Commission's public safety answering point (PSAP) 
outage notification requirements so that both originating and covered 
911 service providers notify PSAPs about outages that potentially 
affect 911 within the same timeframe, by the same means, and with the 
same frequency. The NPRM proposes standardizing the information that is 
conveyed via outage notifications to PSAPs by service providers. This 
NPRM also proposes to require that service providers develop and 
implement procedures to gather, maintain, and update PSAP contact 
information annually. In addition, the NPRM proposes to require service 
providers to notify their customers when there is a reportable outage 
that affects 911 availability within 60 minutes of determining there is 
an outage. This NPRM also proposes to codify specific exemptions to 
certain reporting requirements adopted by the Commission in 2016.

DATES: Written comments to the Commission must be submitted on or 
before July 30, 2021 and reply comments to the Commission must be 
submitted on or before August 30, 2021.
    Written comments on the Paperwork Reduction Act proposed 
information collection requirements must be submitted by the public-and 
other interested parties on or before August 30, 2021.

ADDRESSES: You may submit comments, identified by docket numbers PS 
Docket No. 15-80, PS Docket No. 13-75, and ET Docket No. 04-35, by any 
of the following methods:
    [ssquf] Federal Communications Commission's website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
    [ssquf] By commercial overnight courier or first-class or overnight 
U.S. Postal Service mail. See the SUPPLEMENTARY INFORMATION section for 
more instructions.
    [ssquf] People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#e8aeababddd8dca88e8b8bc68f879e"><span class="__cf_email__" data-cfemail="d99f9a9aece9ed99bfbabaf7beb6af">[email protected]</span></a> 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: Beau Finley, Public Safety and 
Homeland Security Bureau, at 202-418-7835 or at <a href="/cdn-cgi/l/email-protection#f7a59895928583d9b19e999b928eb7919494d9909881"><span class="__cf_email__" data-cfemail="5b0934393e292f751d3235373e221b3d3838753c342d">[email protected]</span></a>. 
For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, send an 
email to <a href="/cdn-cgi/l/email-protection#9ececcdfdef8fdfdb0f9f1e8"><span class="__cf_email__" data-cfemail="1d4d4f5c5d7b7e7e337a726b">[email protected]</span></a> or contact Nicole Ongele at 202-418-2991 or at 
<a href="/cdn-cgi/l/email-protection#652b0c060a09004b2a0b02000900250306064b020a13"><span class="__cf_email__" data-cfemail="622c0b010d0e074c2d0c05070e07220401014c050d14">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 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). See Electronic 
Filing of

[[Page 34680]]

Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    <bullet> Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    <bullet> 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 Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
    <bullet> 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.
    <bullet> 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 COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy
    The proceeding this NPRM initiates shall be treated as a ``permit-
but-disclose'' proceeding in accordance with the Commission's 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 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 rule Sec.  
1.1206(b). In proceedings governed by rule 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.

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 Commission's 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 Commission's network outage reporting and 911 
reliability rules, including the proposals here. 47 U.S.C. 151, 154(i), 
154(j) 154(o), 201(b), 214(d), 218, 251(e)(3), 301, 303(b), 303(g), 
303(r), 307, 309(a), 316, 332, 403, 615a-1, and 615c. In adopting this 
NPRM, the Commission continues its commitment to ensuring that the 
Commission's 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 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 PSAP(s), subject to specific conditions; and 911 
reliability and certification requirements. 47 CFR 4.5(a), (c), and (e) 
through (h), 9.4, 9.10(b), 9.11(a)(2), 9.18(a), 9.19.
    3. Outage Reporting Rules. The Commission requires originating 
service providers--i.e., cable, satellite, wireless, wireline, and 
interconnected VoIP providers that provide the capability for consumers 
to originate 911 calls--as well as covered 911 service providers--i.e., 
providers that aggregate 911 traffic from originating service providers 
and deliver it to PSAPs--to notify both the Commission and PSAPs when 
they experience an outage that potentially affects 911. 47 CFR 4.3(a), 
(d), and (f) through (h), 4.9(a), (c), and (e) through (h), 9.19(a)(4).
    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 PSAP(s) potentially 
affecting at least 900,000 user-minutes and: The failure is neither at 
the PSAP(s) nor on the premises of the PSAP(s); 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 E-911 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 user-minutes; 
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 PSAP(s) or on the premises of the PSAP(s)). 47 CFR 4.5(e), 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

[[Page 34681]]

providers called originating service providers. The second set of 
rules, adopted in 2013, governs covered 911 service providers, the 
entities that, as the Commission reasoned at the time, are the ``most 
likely to experience reportable outages affecting 911 service.'' 47 CFR 
4.9(h); 911 Reliability Report and Order. Covered 911 service providers 
must notify PSAPs of outages that potentially affect them ``as soon as 
possible, but no later than 30 minutes after discovering the outage,'' 
whereas originating service providers are only required to notify PSAPs 
``as soon as possible.'' 47 CFR 4.9(a)(4), (c)(2)(iv), (e)(1)(v), 
(f)(4), (g)(1)(i), (h). Covered 911 service providers must convey to 
PSAPs ``all available information that may be useful in mitigating the 
effects of the outage, as well as the name, telephone number, and email 
address at which the service provider can be reached,'' whereas 
originating service providers are only required to provide ``all 
available information that may be useful to the management of the 
affected facility in mitigating the effects of the outage on callers to 
that facility.'' 47 CFR 4.9(a)(4), (c)(2)(iv), (e)(1)(v), (f)(4), 
(g)(1)(i), (h). Covered 911 service providers must notify PSAPs ``by 
telephone and in writing via electronic means in the absence of another 
method mutually agreed upon in advance by the 911 special facility and 
the covered 911 service provider,'' whereas originating service 
providers are only required to notify PSAPs ``by telephone or another 
electronic means.'' 47 CFR 4.9(a)(4), (c)(2)(iv), (e)(1)(v), (f)(4), 
(g)(1)(i), (h). Finally, covered 911 service providers must follow up 
with the PSAPs within two hours of making the initial outage 
notification, providing ``additional material information'' that 
includes ``the nature of the outage, its best-known cause, the 
geographic scope of the outage, the estimated time for repairs, and any 
other information that may be useful to the management of the affected 
facility,'' whereas originating service providers are not required to 
follow up with PSAPs at all. 47 CFR 4.9(h). In adopting these broader 
requirements for covered 911 service providers in 2013, the Commission 
did ``not seek to replace the existing [PSAP outage notification] 
scheme with a new, more onerous one, but rather, to clarify the timing 
and notification content with which certain service providers subject 
to section 4.9 must already comply.'' 911 Reliability Report and Order 
at para. 146.
    6. 911 Reliability and Certification Rules. In the wake of the 
devastating derecho that affected the Midwest and Mid-Atlantic states 
in 2012, the Commission adopted a series of 911 certification rules to 
improve 911 network reliability. 911 Reliability Report and Order at 
paras. 48 through 65. These rules require covered 911 service providers 
to take reasonable measures to provide reliable 911 service with 
respect to 911 circuit diversity, central office backup power, and 
diverse network monitoring. 47 CFR 9.19(c). To ensure that covered 911 
service providers have taken these measures, covered 911 service 
providers must certify as to their compliance with each of these three 
requirements or to their implementation of reasonable alternative 
measures. 47 CFR 9.19.
    7. When the Commission adopted rules for covered 911 service 
providers in 2013, it committed to reexamining the rules after five 
years to consider whether the rules were still ``technologically 
appropriate and both adequate and necessary.'' 911 Reliability Report 
and Order at para. 159. The Commission stated that review of the rules 
would consider, among other things, whether the rules should be revised 
to cover new best practices, including outage reporting trends, whether 
to adopt Next Generation 9-1-1 (NG911) capabilities on a nationwide 
basis, and whether the certification approach has yielded the necessary 
level of compliance, noting that a ``persistence of preventable 911 
outages could indicate a need for broader or more rigorous rules.'' 911 
Reliability Report and Order at para. 159. Thus, in 2018, the Public 
Safety and Homeland Security Bureau (Bureau) issued a public notice 
seeking comment on the rules' effectiveness, as well as on reducing 
affected parties' regulatory burdens. Public Safety and Homeland 
Security Bureau Seeks Comment on 911 Network Reliability Rules, PS 
Docket No. 13-75, Public Notice, 33 FCC Rcd 5987, 5988-90 (Public 
Safety and Homeland Security Bureau (PSHSB) 2018) (2018 911 Reliability 
Public Notice). The Bureau received ten comments and six reply comments 
from entities representing industry, local government, and the public 
safety community, and it also hosted meetings with stakeholders to 
obtain additional information.

III. Discussion

    8. In times of emergency, dialing 9-1-1 serves as a crucial life 
link for those in need of immediate help. In 2019 alone, those in 
crisis placed over 200 million emergency calls to 911. 911 Reliability 
Report and Order at para. 159. More than 70% of these emergency calls 
originate from wireless phones. 911 Reliability Report and Order at 
para. 11. Call takers in the nation's approximately 5,700 PSAPs answer 
these calls and connect callers to emergency services that regularly 
save lives and safeguard property. 911 systems, however, are 
susceptible to outages that can occur in the underlying communications 
network. Ensuring that 911 services are restored quickly following 
network outages is a top public safety priority for the Commission. 
Commission rules, among other things, specify 911-related outage 
notification and 911 reliability certification requirements for 
providers. 47 CFR part 4, appendix A. In this document, the Commission 
proposes specific rules to ensure that its 911 notification framework 
remains robust, reliable, and responsive. These proposals, discussed 
below, will enhance public safety by ensuring that PSAPs and the public 
are provided with timely notification of disruptions to 911.

A. Improving PSAP Outage Notification

1. Harmonizing PSAP Outage Notification Requirements
    9. When the Commission adopted the more specific notification 
requirements for covered 911 service providers in 2013, it stated that 
it would ``defer for future consideration'' whether originating service 
providers should be subject to those requirements, reasoning that 
covered 911 service providers are the entities most likely to 
experience reportable outages affecting 911 service. 911 Reliability 
Report and Order at para. 147. While the Commission's outage reporting 
rules already require both originating service providers and covered 
911 service providers to notify PSAPs of outages that potentially 
affect 911, the Commission's experiences since adoption of the PSAP 
notification rules for covered 911 service providers in 2013 
demonstrate that having different reporting obligations for originating 
service providers and covered 911 service providers is neither 
practicable nor in the public interest. For example, in at least two 
instances following a nationwide 911 outage, the Commission (through 
its Enforcement Bureau) found that the affected originating service 
providers had not taken adequate steps to notify PSAPs in a manner that 
would have allowed the affected PSAPs to ensure the public's access to 
critical emergency services. T-Mobile USA, Inc., File No. EB-SED-15-
00018025, Order, 30 FCC Rcd 7247, para. 2 (EB 2015) (T-Mobile Order); 
AT&T Mobility, LLC, File No. EB-SED-17-00024532, Order, 33 FCC Rcd 
6144, 6145, para. 2 (EB 2018) (AT&T Mobility Order).

[[Page 34682]]

    10. In August 2014, T-Mobile experienced two network outages that, 
taken together, resulted in 50,000,000 subscribers nationwide being 
unable to reach 911 call takers for a three-hour period. T-Mobile 
Order. During that time, PSAPs were not informed of the outage and 
consequently could not promptly notify the public of alternative means 
to reach emergency services. T-Mobile Order. And, in March 2017, AT&T 
Mobility experienced a network outage that resulted in 135,000,000 
subscribers nationwide being unable to reach 911 call takers for a 
five-hour period. PSHSB, March 8, 2017 AT&T VoLTE 911 Outage Report and 
Recommendations, PS Docket No, 17-68, at 3, n.1 (2017), https://apps.fcc.gov/edocs_public/attachmatch/DOC-344941A1.pdf (AT&T VoLTE 911 
Outage Report). PSAPs did not receive information about the AT&T 
Mobility outage until ``approximately three and a half hours after the 
outage began and approximately two and a half hours after AT&T Mobility 
sent internal mass notifications to company executives and senior staff 
about the event.'' AT&T Mobility Order; AT&T VoLTE 911 Outage Report; 
Letter from Karima Holmes, Director, District of Columbia Office of 
Unified Communications, to PSHSB, PS Docket No. 17-68, at 1-2 (Mar. 31, 
2017).
    11. The Commission now proposes to require that originating service 
providers and covered 911 service providers notify PSAPs about all such 
outages within the same timeframe, by the same means, and with the same 
frequency. The Commission specifically proposes to require originating 
service providers to notify potentially affected 911 special facilities 
of an outage within the same time frame required for covered 911 
service providers. As noted above, that time frame is as soon as 
possible but no later than 30 minutes after discovering the outage. The 
Commission also seeks comment on whether this timeframe is adequate for 
PSAPs. The Commission seeks comment on whether and how to improve this 
proposal to shorten this timeframe for either or both sets of providers 
and/or adjust the reporting criteria to ensure more rapid and effective 
notification to PSAPs. For example, would automatic PSAP notification, 
triggered upon detection of an outage, be possible, provide value to 
PSAPs, and be in the public interest? The Commission also proposes that 
originating service providers transmit such notification, as presently 
required for covered 911 service providers, by telephone and in writing 
via electronic means and that they communicate additional material 
information as that information becomes available, but no later than 
two hours after the initial notification. The Commission seeks comment 
on its proposed means for PSAP notification. Are these means--by 
telephone and in writing via electronic means--adequate for 
notifications from originating service providers? Are they adequate for 
notifications from covered 911 service providers? Are there alternative 
methods of notification that PSAPs would prefer? The Commission also 
seeks comment on the proposed frequency of updating PSAPs with material 
outage information. Is this proposed frequency sufficient for PSAPs? 
During an extended outage, when material information may not change for 
many hours, how should the Commission require originating and covered 
911 service providers keep PSAPs informed?
    12. The Commission anticipates that such changes will enhance PSAP 
situational awareness of outages generally and will ensure that PSAPs 
receive critical information in a timely manner by providing a uniform 
set of expectations for those providers with whom they interface. This 
in turn will enhance PSAPs' abilities to direct scarce resources toward 
mitigating outages rather than seeking out information and will further 
streamline the ability of the Commission to administer the rules and 
the ability of providers to fulfill their obligations. This view was 
underscored by the Association of Public-Safety Communications 
Officials (APCO), and comments from other public safety stakeholders 
during the Bureau's 2017 workshop on best practices and recommendations 
to improve situational awareness during 911 outages. Public safety 
officials stated that the critical information contained in these 
notifications enables them to be more efficient. One participant, Dave 
Mulholland of Arlington County 9-1-1, stated that prompt communication 
of this critical information would save ``a lot of time, energy, and 
effort'' by preventing PSAPs from needing to reach out to neighboring 
PSAPs to determine the breadth of an outage. Evelyn Bailey of the 
National Association of State 911 Administrators (NASNA) continued, 
stating that ``[PSAPs] need to know as much specific [outage] 
information as possible.'' Public safety representatives requested that 
PSAPs receive equivalent outage notifications regardless of where in 
the network an outage occurs. In other words, according to the public 
safety representatives speaking during the webcast, PSAP notifications 
should not differ depending on whether the outage is caused by a 
disruption in an originating service provider's network versus a 
covered 911 service provider's network. As discussed below, PSAPs that 
receive actionable 911 outage notifications use the information in 
these notifications to facilitate reliable and timely public access to 
emergency services.
    13. The Commission seeks comment on its proposal to harmonize the 
timing, means, and frequency of PSAP notification for originating 
service providers and covered 911 service providers. While the 
Commission observes that the AT&T Mobility and T-Mobile outages 
referenced above provide examples of inadequate PSAP notifications by 
originating service providers in the context of outages that only 
affect 911 calls, the Commission notes that both originating and 
covered 911 service providers have notice obligations. Both must 
include any required information in a notification to a PSAP only to 
the extent that it is available, both at the time of the initial 
notification and at the time of subsequent updates, regardless of 
whether the outage is a 911 outage or a general network outage that 
prevents all calls, insofar as either the outage disrupts or prevents 
communications to a PSAP or has the potential to do so. 47 CFR 
4.9(a)(4), (c)(2)(iv), (e)(1)(v), (f)(4), (g)(1)(i), (h). The 
Commission seeks comment on any alternative requirements that the 
Commission should consider to minimize potential burdens, if any, on 
PSAPs and service providers.
    14. Under the Commission's proposed rules, if adopted, originating 
service providers would be under greater time pressure to notify PSAPs; 
would need to provide contact information so that the PSAP can reach 
them for follow up; would need to provide notification by two means 
(e.g., phone call and email) instead of one; and would need to provide 
follow-up notification. The Commission seeks comment on the extent to 
which these changes would increase the burden of PSAP notification for 
originating service providers. For example, the Commission seeks 
comment on whether originating service providers would need to transmit 
multiple, regional PSAP notifications under the proposed rules when 911 
outages affect areas monitored by more than one Network Operations 
Center (NOC) and the local NOC is the best point of contact for PSAPs' 
outage-related inquiries, whereas the Commission's current rules would 
only require them to transmit one.

[[Page 34683]]

    15. The Commission notes that in certain circumstances, PSAPs may 
find that there are benefits to learning of outages or network 
disruptions that potentially affect 911 but do not meet the current 
reporting thresholds. Are the Commission's thresholds for PSAP 
notification too high? Should the Commission modify these notification 
requirements so that originating and covered 911 service providers are 
required to notify PSAPs of network disruptions that potentially affect 
911 service but do not meet the thresholds necessary to report to the 
Commission? What would be the appropriate outage reporting threshold 
requiring PSAP notification? The Commission seeks comment on the 
utility to PSAPs and benefits to public safety of any consequent 
increased situational awareness of network outages potentially 
affecting 911. The Commission also seeks comment on the costs of 
lowering these thresholds in light of the expected increase in 
notifications to PSAPs. The Commission seeks comment on how many 
additional outages beyond the estimated 37,000 outages that potentially 
affect 911 each year would be reportable to PSAPs.
    16. The Commission seeks comment on the cost and benefits of 
originating service providers notifying PSAPs about 911 outages within 
the same timeframe, by the same means, and with the same frequency that 
covered 911 service providers currently do. The cost estimates below 
are incremental to the costs that originating service providers already 
incur to notify PSAPs of outages that potentially affect them pursuant 
to the Commission's rules. The Commission seeks comment on those 
estimates. Additionally, the actual cost that originating service 
providers would incur to comply with this requirement may be 
substantially lower than estimated. 47 CFR 4.9(a)(4), (c)(2)(iv), 
(e)(1)(v), (f)(4), (g)(1)(i). For example, Verizon suggests that some 
service providers may have automated their PSAP outage notification 
processes. For originating service providers that have automated PSAP 
notification, the Commission anticipates that the proposed changes to 
the notification process would not result in recurring costs. The 
Commission seeks comment on this premise, as well as on the extent to 
which service providers have set up automated triggers for PSAP 
notification. The Commission expects that the costs of PSAP outage 
notifications will fall as service providers transition to an automated 
PSAP outage notification process. The Commission seeks comment on the 
extent to which service providers expect to transition to an automated 
notification process and the timeframe for any such transition.
2. Ensuring PSAPs Receive Actionable Information About 911 Outages
    17. Since the adoption of the PSAP notification rules, PSAPs have 
reported that notifications they receive often are confusing or 
uninformative, and have emphasized the need for clear and actionable 
information regarding 911 outages so 911 authorities can inform the 
public about alternative means to contact emergency services. 
Commenters representing public safety and industry agree that uniform 
information elements in PSAP notifications can help minimize confusion 
at PSAPs. The Commission also has observed that when PSAPs receive 
actionable 911 outage notifications, they are empowered to use reverse 
911, post on social media platforms, work with local media to run on-
screen text crawls, and use other tools at their disposal to notify the 
public of alternative means to reach their emergency services. During 
AT&T Mobility's nationwide 911 outage, for example, when AT&T notified 
PSAPs in Orange County, Florida several hours after it discovered the 
outage, Orange County PSAPs were able to take measures to notify the 
public of their alternative 10-digit phone numbers as a means to reach 
their emergency services. AT&T VoLTE 911 Outage Report. Once Orange 
County PSAPs provided their alternative 10-digit phone numbers to the 
public, they received 172 calls to those numbers during the one and a 
half hours until AT&T Mobility resolved the outage. AT&T VoLTE 911 
Outage Report. The Bureau has credited these measures as being critical 
to maintaining the public's continued access to emergency services 
during several widespread 911 outages. AT&T VoLTE 911 Outage Report; T-
Mobile Order; PSHSB, December 27, 2018 CenturyLink Network Outage 
Report (2019), https://www.fcc.gov/document/fcc-report-centurylink-network-outage/; Verizon, File Nos. EB-SED-14-00017189, EB-SED-14-
00017676, EB-SED-14-00017373, Order, 30 FCC Rcd 2185 (EB 2015).
    18. The Commission thus proposes to require originating service 
providers and covered 911 service providers to include ``all available 
material information'' in their PSAP outage notifications. The 
Commission believes this proposal will help ensure that PSAPs receive 
relevant, actionable information to better understand 911 outages and 
to promote continuity of 911 service, while minimizing superfluous or 
vague information. In addition to the specific information elements 
articulated for covered 911 service providers in the current rules, the 
Commission proposes that material information should also include the 
following for both originating service providers and covered 911 
service providers, where available:
    <bullet> The name of the service provider offering the 
notification;
    <bullet> The name of the service provider(s) experiencing the 
outage;
    <bullet> The date and time when the incident began (including a 
notation of the relevant time zone);
    <bullet> The type of communications service(s) affected;
    <bullet> The geographic area affected by the outage;
    <bullet> A statement of the notifying service provider's 
expectations for how the outage will affect the PSAP (e.g., dropped 
calls or missing metadata);
    <bullet> The expected date and time of restoration, including a 
notation of the relevant time zone;
    <bullet> The best-known cause of the outage; and
    <bullet> A statement of whether the message is the notifying 
service provider's initial notification to the PSAP, an update to an 
initial notification, or a message intended to be the notifying service 
provider's final assessment of the outage.
    19. These proposed outage notifications elements follow the 
template developed by the Alliance for Telecommunications Industry 
Solutions' (ATIS) Network Reliability Steering Committee (NRSC) 
Situational Awareness for 9-1-1 Outages Task Force Subcommittee (NRSC 
Task Force), working together with public safety stakeholders, minus 
the NRSC Task Force's inclusion of an incident identifier. In the 2018 
911 Reliability Public Notice, the Bureau sought comment on whether the 
NRSC Task Force's template should serve as a model for standardization, 
and commenters support the NRSC Task Force's work. For example, the 
National Emergency Number Association (NENA) suggests that the elements 
of the NRSC Task Force's template ``will aid PSAPs and 9-1-1 
authorities in quickly understanding the nature of a service 
degradation or network downtime.''
    20. The Commission seeks comment on whether these baseline elements 
would provide useful and actionable information to PSAPs. Will ensuring 
that PSAPs receive the same information regardless of where a 911 
outage originates promote situational awareness for PSAPs in a manner 
that

[[Page 34684]]

aids in emergency response? Are there additional informational elements 
that should be added, or should any elements listed be removed or 
revised? The Commission notes that the NRSC Task Force's template 
recommends the inclusion of a unique identifier associated with the 
outage. Would this help PSAPs organize and access information related 
to a particular outage? APCO suggests covered 911 service providers 
should also offer PSAPs graphical interface data describing the 
geographic area potentially affected by outages, such as ``coordinate 
boundaries for the outage area, GIS files, or text information from the 
covered [911] service providers' internal reporting systems,'' because 
such information could help first responders understand which areas 
could be affected by an outage. To what extent do originating and 
covered 911 service providers have this information available within 
the timeframe that they would be required to notify PSAPs? The 
Commission seeks comment on what steps service providers would need to 
take to include graphical information in providing actionable 
information to PSAPs. The Commission asks commenters to describe in 
detail how PSAPs would use such data to benefit the public, including 
how such data could be used to reduce first responder response times. 
Would requiring them to provide this information to PSAPs impose a 
significant burden or divert resources, thereby delaying service 
restoration? To the extent service providers are unable to provide data 
for visualizing outages and disruptions, what are the costs of 
developing this capability, especially for smaller providers?
    21. The Commission notes that, under both the existing and proposed 
rules, service providers must include any outage information in their 
PSAP notifications only to the extent that it is available, both at the 
time that they transmit the initial notification and at the time that 
they transmit any subsequent notifications. The Commission seeks 
comment on how this approach has worked in practice. The Commission 
further seeks comment on whether requiring service providers to include 
additional, specific information elements in their PSAP notifications 
would allow PSAP personnel to comprehend outage information more 
quickly and whether such information would improve PSAPs' ability to 
respond when the public cannot reach 911 or when 911 services otherwise 
do not work as intended. Conversely, the Commission seeks comment on 
whether this additional information could have negative consequences 
for emergency response, such as overburdening PSAPs with too much 
information, thereby, potentially delaying response times. If so, how 
could the Commission revise the proposal to minimize the possibility of 
notification fatigue?
    22. The Commission does not propose to require information to be 
provided in a particular format (e.g., by mandating use of the NRSC 
Task Force's template). Instead, the Commission proposes an approach 
that establishes a baseline expectation of shared information while 
otherwise preserving flexibility for originating service providers and 
covered 911 service providers. PSHSB Shares Recommended Practices from 
September 11, 2017 911 Workshop, DA 18-6, Public Notice, 33 FCC Rcd 11 
(PSHSB 2018). The Commission seeks comment on this approach, or on 
whether the Commission should prescribe such a format, and if so the 
terms thereof. Considering the diverse, localized nature of 911 
networks in the United States, and the extent to which notifications 
already may be informed by originating service providers' and covered 
911 service providers' agreements with state and local 911 authorities, 
the Commission specifically seeks comment on whether this approach 
would allow originating service providers and covered 911 service 
providers to better meet individual PSAPs' distinct needs. The 
Commission would anticipate that service providers' notification 
processes may go beyond those proposed in this NPRM in some 
circumstances, such as by mutual agreement of the parties.
    23. In March, the Commission adopted a Report and Order that 
established an outage information sharing framework to provide state 
and Federal agencies with access to outage information to improve their 
situational awareness, enhance their ability to respond more quickly to 
outages impacting their communities, and help save lives, while 
safeguarding the confidentiality of this data. Amendments to Part 4 of 
the Commission's Rules Concerning Disruptions to Communications, PS 
Docket No. 15-80, Second Report and Order, 86 FR 22796 (April 29, 
2021), FCC 21-34 (rel. Mar. 18, 2021) (Network Outage Reporting System 
(NORS) Information Sharing Report and Order). The Commission 
acknowledges that disclosing specific outage information to PSAPs may 
make that information available to other parties and therefore seek 
comment on whether the Commission should supply similar safeguards as 
adopted in the NORS Information Sharing Report and Order. The 
Commission seeks to balance PSAPs' need for actionable information with 
providers' need for confidentiality. The Commission seeks comment on 
how the Commission might address this balance. For example, is there a 
subset of information that would prove as useful for PSAPs that could 
be disclosed without overly burdening the presumption of 
confidentiality afforded reported outage information? Could PSAPs 
obtain access to this same outage information from state or other 
agencies more rapidly and efficiently than directly from service 
providers?
    24. The Commission seeks comment on the cost and benefits of 
originating service providers and covered 911 service providers to 
report the same specific, actionable content in their PSAP outage 
notifications. The Commission anticipates the actual cost may be 
substantially lower than the estimate below because the estimated 
number of service providers that would be required to comply is 
conservatively broad. Further, the Commission expects that the 
additional information that the Commission proposes to require 
originating service providers and covered 911 service providers to 
report to PSAPs already is available to them at the time of 
notification, and that the example of the NRSC Task Force's template 
would help to streamline compliance timelines and reduce costs. The 
Commission seeks comment on whether standardization and streamlining 
could reduce the compliance costs for originating service providers 
that also act as covered 911 service providers in other contexts, or 
for originating service providers that are already offering 
notifications to PSAPs, but doing so with limited guidance on what 
information to provide. The Commission also notes that the NRSC has 
already created and shared a tutorial for PSAPs to facilitate the 
sharing of PSAP contact information with originating service providers 
and covered 911 service providers. The NRSC stated that it ``expects 
that both service providers and PSAPs can benefit from this tutorial.'' 
To the extent that commenters advocate a different approach, the 
Commission asks for costs and benefits of such alternatives.
3. Updating and Maintaining Accurate Contact Information for Officials 
Designated To Receive Outage Notifications at Each PSAP
    25. The Commission's current outage reporting rules require 
originating service providers and covered 911 service providers to 
transmit PSAP

[[Page 34685]]

outage notifications to any official who has been designated by the 
management of the affected PSAP as the provider's contact person for 
communications outages at that facility. 47 CFR 4.9(a)(4), (c)(2)(iv), 
(e)(1)(v), (f)(4), (g)(1)(i), (h). To ensure that PSAPs receive the 
information they need about 911 outages, the Commission proposes to 
require originating service providers and covered 911 service providers 
to develop and implement procedures for gathering, maintaining, and 
updating PSAP contact information. Because time is of the essence when 
a 911 outage occurs, originating service providers and covered 911 
service providers must notify the right contacts at PSAPs so that the 
PSAPs can take prompt measures to help the public continue to reach 
emergency services.
    26. The Commission proposes to amend Sec.  4.9(h) of its rules to 
require both originating service providers and covered 911 service 
providers to identify the PSAPs they serve and to maintain up-to-date 
contact information for those PSAPs. In particular, the Commission 
proposes to require that originating and covered 911 service providers 
develop and implement standard procedures to: (1) Maintain current 
contact information for officials designated to receive outage 
notifications at each PSAP in areas that they serve; and (2) on a 
routine basis, at least annually, review and update their PSAP contact 
information to ensure it remains current. The Commission seeks comment 
on this proposal. The Commission also seeks comment on whether to 
require originating service providers and covered 911 service providers 
to offer contact information reciprocally to PSAPs. The Commission does 
not, however, propose to specify the procedures that service providers 
must develop or follow to elicit PSAP contact information to retain 
flexibility in this regard. The Commission seeks comment on this 
approach.
    27. The Commission seeks comment on the cost and benefits of 
originating service providers and covered 911 service providers to 
maintain up-to-date contact information for PSAPs in areas they serve. 
The Commission anticipates that the actual costs that originating 
service providers and covered 911 service providers would incur to 
comply with this requirement may be substantially lower than the 
estimate below because the Commission's rules already require these 
service providers to notify PSAPs of 911 outages and, as such, they 
should already have accurate PSAP outage contact information on hand. 
Insofar as service providers already have up to date PSAP contact 
information, the Commission does not anticipate that compliance with 
this proposed requirement would present an incremental cost.
    28. The Commission also notes that in November 2019, the NRSC Task 
Force approved standard operating procedures for updating PSAP contact 
information in a centralized PSAP contact database. In that document, 
the Task Force suggested that a centralized database would potentially 
relieve service providers of the need to maintain their own internal 
processes and responsibilities to work independently with each 911 
authority. Subsequently, in October 2020, the NRSC noted efforts by 
public safety organizations such as NENA to develop a PSAP contact 
database. The NRSC stated that to encourage broad use of a PSAP contact 
information database, it ``would need to be made available at little or 
no cost'' for service providers. The NRSC also expressed concerns 
regarding data integrity and who would be responsible for updating 
contact information. As such, the NRSC argued that industry adoption of 
such a database could prove challenging due to ``the potential for 
liability associated with reliance on the database.''
    29. The Bureau sought comment on the NRSC letter in December 2020. 
86 FR 4074. In response, USTelecom called a PSAP contact information 
database ``critically important for industry and PSAP coordination 
during emergencies.'' NENA, which operates a voluntary PSAP registry 
service, stated that there is an ``immediate need for an authoritative 
service that can provide contact information for PSAPs during 
emergencies.'' APCO continued its support of a PSAP contact information 
database and urged the Commission to require service providers to 
establish and maintain a secure two-way contact information database. 
These comments indicate strong interest in a PSAP contact information 
database to facilitate reliable and rapid communication between service 
providers and PSAPs in an emergency.
    30. Therefore, the Commission seeks comment on whether a mandatory 
PSAP contact information database accessible to and updated by 
originating and covered 911 service providers, as well as PSAPs, would 
warrant the Commission adopting alternative requirements other than 
those proposed above. The Commission seeks comment on the contours of 
such a database.
    31. As a threshold question, the Commission asks how such a 
database would be administered. Should the Commission, as APCO 
International suggests, require service providers to host and operate 
the database? Are originating service providers and covered 911 service 
providers already participating in the development of a centralized 
PSAP contact database? The Commission notes the efforts of wireless 
carriers previously to establish the National Emergency Address 
Database (NEAD) to facilitate provision of 911 dispatchable location 
information for wireless callers. 80 FR 45897. However, wireless 
carriers notified the Commission that they had abandoned the NEAD after 
failing to secure necessary agreements with other entities. The 
Commission notes further the commitment of several wireless provider 
signatories to the Wireless Resiliency Cooperative Framework 
(Framework) to ``establish[] a provider/PSAP contact database'' to 
enhance coordination during an emergency, the existence of which may 
mitigate the costs of creating a PSAP contact information database, 
particularly for those wireless provider signatories. 78 FR 69018. What 
particular lessons learned may be relevant for a similar service 
provider-operated PSAP contact information database? The Commission 
seeks comment on the utility of a database developed, owned, and 
operated by both originating and covered 911 service providers.
    32. The Commission also seeks comment on how such a database would 
be funded and how such a funding mechanism would impact smaller service 
providers. As noted below, charging PSAPs and public safety entities 
for access to the database could inhibit PSAP participation in the 
database, which would be inconsistent with the Commission's stated goal 
of enhancing public safety. What funding mechanisms would work for such 
a database? How much would the creation and maintenance of such a PSAP 
contact information database cost for initial setup? Given that many 
service providers already maintain updated PSAP contact information, 
the Commission seeks comment on the ease and costs of transitioning 
from many independent databases to a unified database. What would the 
recurring costs of maintaining and updating a PSAP contact information 
database be? While such a database would appear to provide certain 
informational benefits, how significant would these benefits be in 
practice? The Commission also asks commenters to describe these (or any 
other) potential benefits with specificity.
    33. The Commission is especially interested in how a PSAP contact 
information database would best be kept current and accurate, as well 
as where

[[Page 34686]]

the responsibility for updating and maintaining the database would lie. 
The Commission notes that the utility of a PSAP contact information 
database is dependent upon the accuracy of the information it contains. 
The Commission consequently seeks comment on how best to ensure the 
reliability and integrity of the data contained therein. For example, 
NENA's PSAP registry is free of charge for PSAPs. The Commission seeks 
comment on whether allowing PSAPs to participate free of charge will 
enhance the accuracy of PSAP contact information in the database. 
Furthermore, the Commission seeks comment on whether users and creators 
of a PSAP contact information database should be prohibited from using 
that information for any other purpose not related to public safety or 
maintenance of the database. The Commission seeks comment on whether 
and how frequently service providers and PSAPs would update their own 
information in the database. Would the operator of the database need to 
regularly validate this information on a monthly or annual basis? The 
Commission seeks comment on the frequency of data validation necessary 
to ensure the integrity and accuracy of the database.
    34. If service providers elect to have a third party operate the 
PSAP contact information database, the Commission seeks comment on what 
possible liability issues could arise from such a third-party database. 
If the failure of a service provider to notify a PSAP of an outage were 
due to inaccurate information in the database, who would the potential 
liable parties be? Several commenters argue that service providers 
should be shielded from liability for reliance upon information 
provided by the PSAP contact information database. The Commission seeks 
comment on whether such a safe harbor would encourage or inhibit use of 
the PSAP contact information database. Would such an effort help to 
reduce the costs of compliance with this proposal? Further, rather than 
establishing a safe harbor rule, would service provider liability 
concerns be more appropriately addressed through a requirement that 
service providers contracting with third party database operators 
require those operators to implement measures to ensure the accuracy of 
the third-party database that are at least as stringent as the measures 
that the service providers employ for their internal databases?

B. Customer Notification of 911 Outages

    35. When an outage affects 911 service, dialing ``9-1-1'' may not 
always connect someone in need of emergency services with a PSAP, which 
may lead to devastating effects. However, those in need of emergency 
services often do not know when 911 services are down, only that their 
emergency calls remain unanswered. Therefore, to increase public 
awareness of 911 availability and to help protect the public's safety 
when 911 services are disrupted, the Commission proposes to require 
service providers to notify their customers of 911 outages within 60 
minutes of determining there is an outage by providing material 
information on their websites and internet-related applications.
    36. Notification Breadth. The Commission proposes that cable, 
satellite, wireless, wireline, interconnected VoIP, and covered 911 
service providers notify their customers when there is an outage that 
affects the availability of 911 voice or text-to-911 services for their 
customers. This includes both originating service providers and covered 
services providers, as they each provide an essential link in the chain 
to ensure completion of a 911 call. Because 911 unavailability due to 
an outage on a covered 911 service provider's network affects 
originating service providers as well, the Commission proposes to 
require both originating service providers and covered 911 service 
providers supply public notification of 911 unavailability to their 
customers. The Commission seeks comment on this proposal.
    37. Notification Threshold. The Commission proposes that service 
providers notify their customers of a 911 outage that meets the NORS 
reporting thresholds and also prevents emergency callers on their 
networks from reaching a PSAP by dialing or texting 9-1-1. The 
Commission believes that such a threshold would minimize potential 
confusion about 911 availability and ensure that the public is only 
notified of outages that materially affect emergency callers. The 
Commission seeks comment on this public notification threshold. For 
example, if 911 calls are delivered but without audio for one of the 
parties (either caller or 911 call taker), should this be considered 
911 unavailability? If callers cannot reach emergency services by 
dialing 9-1-1 but text-to-911 still operates, should this constitute 
911 unavailability? And should a situation where text-to-911 is 
unavailable due to a network disruption but traditional voice calls to 
911 are possible constitute 911 unavailability? As consumers with 
disabilities may be more likely to text rather than call 911, are there 
additional considerations in determining 911 unavailability? The 
Commission seeks comment on whether this threshold is too narrow, and 
if so, which additional types of disruptions to 911 services should 
trigger public notification. For example, should a loss of transmission 
of ALI or ANI prompt public notification? The Commission also seeks 
comment on whether this threshold is too broad.
    38. Notification Timing and Frequency. The utility of notifications 
is inextricably tied to the service provider's ability to deliver 
timely and accurate notifications. The Commission proposes a similar 
arrangement for public notifications as presented in Sec.  4.9(h) of 
the Commission's rules for PSAPs: The Commission proposes that customer 
notifications commence within 60 minutes of the service provider 
discovering that the outage has resulted in the unavailability of 911 
service. 47 CFR 4.9(h). With this proposal, the Commission seeks to 
balance the import of providing the public with the timely ability to 
access emergency services with the necessity of providing accurate 
outage information. The Commission understands that when 9-1-1 is 
unavailable, both service providers and PSAPs are working diligently to 
make sure the public can reach emergency services. The Commission seeks 
comment on this proposal. The Commission maintains that such an initial 
notification of 911 unavailability will increase the likelihood that 
those in need will understand that 9-1-1 is unavailable and attempt 
other methods to receive necessary emergency assistance. In addition, 
similar to the proposal regarding PSAP notification timing discussed 
above, the Commission proposes that service providers update public 
notices with material information regarding the estimated time of 911 
restoration as soon as possible. The provision of updates to the public 
will help redirect emergency callers back to 9-1-1 and ensure that 
PSAPs may return to normal call-taking status. The Commission seeks 
comment on this proposal. Is 60 minutes the appropriate threshold? Will 
this timing obligation interfere with service providers' ability to 
provide notice and support to PSAPs? Are there other burdens that this 
timing proposal creates? How can they be mitigated? Conversely, is this 
timeframe too lengthy to provide meaningful information to the public?
    39. Notification Content. The Commission proposes to require that 
service providers create public notifications that include the 
following: (1) A statement that there is an outage affecting 911 
availability, (2) a description of the geographic area where

[[Page 34687]]

911 callers may face 911 unavailability, (3) an estimated time that 911 
service became unavailable, and (4) an estimate of when 911 services 
will be restored. The Commission further proposes that service 
providers be required to include alternative means to reach emergency 
services, such as alternative contact information, at the request of 
the PSAP, on a per outage basis. The Commission proposes that a service 
provider should contact the PSAP(s) affected by 911 unavailability as 
soon as possible after discovery of an outage, but no later than 30 
minutes after discovery to determine what, if any, alternative means of 
contact the PSAP would like made publicly available for the duration of 
the incident. The Commission proposes these elements to ensure that 
public notifications are accurate and easily understood by end-users 
and are accessible for individuals with disabilities. The Commission 
believes these elements also will reduce potential confusion and avoid 
inadvertently increasing burdens on PSAPs. In this respect, a 
description of the geographic scope of 911 unavailability, for example, 
will ensure that only those affected by 911 unavailability use 
alternate means other than 911 to contact emergency services. For the 
same reasons, including the time at which 911 first became unavailable 
and the estimated time of restoration in notices will ensure end-users 
know when they should seek alternatives, updating consumers regarding 
restoration time will help redirect emergency callers back to 9-1-1, 
which in turn will help PSAPs return to normal operations. The 
Commission seeks comment on this proposal. Is the Commission including 
the right elements for effective public notification? Will those 
seeking emergency services find this information pertinent in their 
time of need? The Commission also seeks comment on best practices for 
describing geographic boundaries of affected areas. For example, a 
state's borders are frequently known but an outage affecting a smaller 
area, or an area spanning state borders, may be more difficult to 
accurately describe. At what fidelity and how should this information 
be conveyed? The Commission also seeks comment on the potential costs 
and benefits of this proposal.
    40. The Commission also seeks comment on this proposal in light of 
the currently presumptively confidential treatment of outage reports 
and the recent adoption of a Report and Order that provides direct 
access to NORS and Disaster Information Reporting System filings by 
certain public safety and emergency management agencies of the 50 
states, the District of Columbia, Tribal nations, territories, and 
Federal Government, provided that they follow safeguards adopted by the 
Commission. NORS Information Sharing Report and Order. Information 
reported to the Commission under its part 4 reporting rules is presumed 
confidential due to its sensitive nature to both national security and 
commercial competitiveness. The Commission proposes that a subset of 
this outage report information be made publicly available, and at a 
less granular level than what it provided to the Commission on a 
confidential basis, in order to advise PSAPs and consumers when 911 
service is unavailable and to arrange for alternate methods for 
consumers to contact PSAPs. The Commission believes that this approach 
would save lives and improve emergency outcomes involving, for example, 
illness and injury, and that the benefits of disclosure far outweigh 
the increase in the risk of national security or commercial 
competitiveness harms. The Commission seeks comment on the relationship 
between the need for the confidentiality afforded reported part 4 
outage information and the public's interest in 911 availability in 
times of critical need. Is there specific information that would be 
conveyed under this public notification proposal that could implicate 
national security or commercial competitiveness? How might the 
Commission modify the parameters of the proposed customer notification 
to address such concerns?
    41. Given that network disruptions sometimes vary in duration, 
geographic scope, and intensity, the Commission seeks comment on 
whether and to what extent service providers can develop public 
notification content in partnership with PSAPs in advance of unplanned 
outages. The Commission also notes that PSAPs are best positioned to 
determine what contact information to disseminate to the public during 
a 911 outage and that PSAPs may wish to coordinate the message 
delivered by service providers with their own outreach via social media 
or other avenues. The Commission understands that in an outage 
affecting multiple PSAPs, any public notification will also need to 
include a geographic description of where callers may not be able to 
reach emergency services by dialing 9-1-1 to prevent possible caller 
confusion and misdirected emergency calls. As such, the Commission 
seeks comment on how PSAPs and service providers collectively can best 
develop public notification information in advance of 911 
unavailability.
    42. Notification Medium. The Commission proposes to require service 
providers to post public notification of 911 outages prominently on 
their websites and internet-based applications, such as provider-
specific apps for mobile devices. This information should be quickly 
accessible, with one click, from the main page of a service provider's 
website (e.g., T-Mobile.com or Verizon.com), and be accessible for 
individuals with disabilities. The Commission believes that this will 
allow those seeking critical information on 911 unavailability during 
an emergency to obtain the information necessary to determine their 
next steps in procuring emergency services quickly without being 
inundated with information regarding 911 unavailability. Public 
notification in this manner may also avoid creating competing messaging 
with PSAPs that may choose to use affirmative outreach methods such as 
reverse 911 or other public notification systems to notify the public 
of a 911 outage. Because these require the consumer to take action, 
public notifications conveyed over websites and through mobile device 
apps do not actively alert the consumer like wireless emergency alerts 
and thus do not contribute to alerting fatigue, and may complement 
those active measures that may be utilized by local PSAPs.
    43. The Commission acknowledges that there are many other methods 
to effectuate public notifications of disruptions to 911 availability: 
Text messages, emails, phone calls, social media, and posting on 
service provider websites and applications all provide near-real-time 
opportunities to update the public on how best to reach emergency 
services. Each has its pluses and minuses. For example, while they do 
not require affirmative action by the consumer, text messages are 
undeliverable to traditional wireline numbers and service providers may 
not have email addresses for customers. In addition, the Commission is 
concerned that methods of public notification requiring broadcasting 
911 unavailability broadly may engender a lack of confidence in the 
ability to reach emergency services by dialing 9-1-1. The Commission 
believes that public confidence in 911 is critical; indeed, the 
Commission has long sought to buttress the public's confidence in 911. 
80 FR 3191. Consequently, the Commission believes that this proposal 
will best allow those seeking emergency assistance to determine 
alternative

[[Page 34688]]

means to reach emergency services. The Commission seeks comment on this 
assessment. Would public confidence in 911 decrease in the face of too 
many alerts regarding 911 unavailability? Conversely, would greater 
transparency alleviate concerns that 911 services may be unavailable 
without the public's knowledge? Are there benefits to other means of 
notification, such as text messaging, automated phone calls, or email, 
that the Commission has overlooked and that merit their inclusion? 
Would other means of notification more effectively reach communities 
where there is limited internet connectivity, for example, on some 
Tribal lands? Further, in areas where a significant portion of the 
population does not speak English as a primary language, should the 
Commission require service providers to include multiple language 
options for the public notification?
    44. In addition to accessible public notification on originating 
and covered 911 service provider websites, the Commission envisions 
that those seeking additional information would be able to input their 
location by address into their provider's website (or similar mobile 
app) and in turn receive more specific information on the geographic 
scope of the outage. The Commission notes that Verizon already provides 
``Network Notifications'' in the My Verizon App, which provide Verizon 
Wireless customers with information on network disruptions and when 
restoration is expected. The Commission seeks comment on this proposal 
for how customers might obtain additional information and how it might 
be implemented in a way that preserves confidence in 9-1-1, provides 
value to those in need, and is minimally burdensome on originating and 
covered 911 service providers.
    45. Finally, the Commission seeks comment on the costs and benefits 
of this proposal. Is there an affordable alternative method of public 
notification that balances the needs of the public to know whether 
dialing 9-1-1 will reach emergency services with the Commission's 
commitment to preserving public confidence in 911? To what extent have 
service providers already implemented a notification framework for 
other alerts and important announcements that would reduce any website 
development costs associated with this proposal? Alternatively, are 
there other methods of public notifications, such as using text 
messages or automated phone calls, which would be likely to reach a 
larger proportion of service providers' customers and those customers 
who may have limited internet connectivity? The Commission seeks 
comment on the benefits and costs of implementing these alternatives.

C. Updating the Commission's 911 Network Reliability Framework

    46. Covered 911 service providers must certify annually to the 
Commission that they perform three reasonable measures to promote the 
reliability of their networks: Ensure circuit diversity, maintain 
backup power at central offices, and diversify network monitoring. 47 
CFR 9.19(b). In 2018, the Bureau asked commenters to address these 911 
reliability rules' effectiveness and whether they ``remain 
technologically appropriate, and both adequate and necessary to ensure 
the reliability and resiliency of 911 networks.'' 2018 911 Reliability 
Public Notice. The record contains widespread support for the 911 
reliability rules, with commenters stating that the Commission's three 
reasonable measures are appropriate and strengthen 911 network 
reliability and resiliency. Accordingly, the Commission finds that its 
911 reliability rules continue to be technologically appropriate and 
both adequate and necessary, and the Commission does not intend in this 
proceeding to revisit or reopen those requirements, except as to the 
timing of the certification as noted herein.
    47. On this point, commenters differ regarding the appropriate 
frequency for filing the required certification. Some commenters state 
that the current, annual certification remains necessary to promote 
awareness of 911 reliability issues for covered 911 service providers' 
senior management and employees. Others state that less frequent 
certification could make the provision of reliable 911 service more 
cost-effective by decreasing the burden on providers without affecting 
911 network resiliency. The Commission seeks comment on whether, as 
some commenters suggest, less frequent certification would be an 
effective means of reducing compliance burdens, without sacrificing its 
benefits. The Commission emphasizes that it would not be making any 
changes to the fundamental obligations underlying network reliability 
certifications--namely, the requirements to ensure circuit diversity, 
maintain backup power at central offices, and diversify network 
monitoring. Would increasing the time between 911 network reliability 
certifications--such as requiring only biennial certifications--affect 
public safety outcomes? If so, could the Commission offset any 
potential risk that less frequent certification would affect public 
safety by requiring covered 911 service providers to submit 
certifications when they perform a ``material network change'' during 
the preceding year? If so, how should the Commission define a 
``material network change?'' For those advocating less frequent 
certifications, what would the cost savings be? The Commission also 
asks for costs and benefits of any offered alternatives.
    48. The Commission also proposes to require covered 911 service 
providers that have ceased to operate as such--i.e., they no longer 
provide covered 911 services, or no longer operate one or more central 
offices that directly serve a PSAP--to notify the Commission via an 
affidavit in which the service provider would explain the basis for its 
change in status. 47 CFR 9.19(a)(4)(i). The Commission proposes that, 
should a service provider no longer provide covered 911 services, the 
service provider file an affidavit through the Commission's online 
portal during the timeframe when the portal is open for annual 
reliability certifications. The Commission notes that, in 2020, the 
Commission opened the 911 reliability portal for certification filing 
from July 30 through October 15. Public Safety and Homeland Security 
Bureau Announces Availability of 911 Reliability Certification System 
for Annual Reliability Certifications, PS Docket Nos. 13-75 and 11-60, 
Public Notice, 35 FCC Rcd 8082 (PSHSB 2020). The Commission seeks 
comment on the appropriateness of linking the timeframe to file such an 
affidavit with the period that the portal is open. Is the 911 
Reliability System the correct place for filing? The Commission 
proposes these measures to ensure that the Commission does not expend 
time and resources to investigate why a covered 911 service provider 
has failed to file its 911 certification in a timely manner, when the 
reason is simply because the provider is no longer a covered 911 
service provider and is therefore no longer required to file the 
required certifications. The Commission expects few companies to end 
their covered 911 service operations from year to year and expect such 
filing costs would be minimal. The Commission believes that the 
benefits, however, will be much greater. First, the Commission will be 
able to more quickly determine whether a service provider is a covered 
911 service provider before engaging in an investigation. Second, any 
service provider that has ceased its qualifying covered 911 operations 
and filed with the Commission that it has done so will not have to 
encounter an investigation

[[Page 34689]]

into whether the service provider failed to file its 911 reliability 
certifications. The Commission seeks comment on these proposals, their 
costs and benefits, as well as on potential alternatives for service 
providers to supply this information to the Commission.

D. Administrative Line Definition

    49. The Commission defines a covered 911 service provider in part 
as an entity that ``operates one or more central offices that directly 
serve a PSAP. For purposes of this section, a central office directly 
serves a PSAP if it . . . is the last service-provider facility through 
which a 911 trunk or administrative line passes before coming to a 
PSAP.'' 47 CFR 9.19(a)(4)(i)(B). Under the current rules, a service 
provider that provides phone service to a PSAP but does not provide 
specific 911-related services to the PSAP is considered a covered 911 
service provider due to its provision of an ``administrative line.'' 
Neither the Commission's rules nor its precedent presently define the 
term ``administrative line'' for purposes of the Commission's 911 
reliability rules. The Commission proposes to define ``administrative 
line'' for the purpose of its 911 reliability framework as a business 
line or line group that connects to a PSAP but is not used as the 
default or primary route over which 911 calls are transmitted to the 
PSAP. The Commission seeks comment on this proposed definition. The 
Commission anticipates that this clarification will simplify service 
providers' determination of whether they are an originating service 
provider or a covered 911 service provider. The Commission believes 
that this, in turn, will reduce the potential that a service provider 
fails to file required 911 reliability certifications. This proposal 
appears to only accrue benefits, but the Commission nevertheless seeks 
comment on its potential benefits and costs. The Commission seeks 
comment on this analysis and asks whether there are any potential 
ramifications from this proposal of which the Commission is not aware. 
Commenters suggesting alternatives to this proposal should also include 
comment on anticipated costs and benefits.

E. Codifying Adopted Rules

    50. In 2016, the Commission adopted a Report and Order that 
modernized the Commission's network outage reporting rules. 81 FR 45055 
(2016 Part 4 Order). One of those requirements, however, was not at the 
time codified in the Code of Federal Regulations. The part 4 rules 
exempt satellite and terrestrial wireless providers from reporting 
outages that potentially affect airports, and the 2016 Part 4 Order 
``extend[ed] that exemption to all special offices and facilities,'' 
and ``extend[ed] the wireless exemption for satellite and terrestrial 
wireless carriers to all special offices and facilities.'' 47 CFR 
4.9(c)(2)(iii), (e)(1)(iv); 2016 Part 4 Order. The Commission proposes 
to codify these changes to its rules in the Code of Federal 
Regulations, and seeks comment on this proposal.

F. Compliance Timeframes

    51. The Commission proposes to require originating service 
providers and covered 911 service providers to comply with any adopted 
rules that it has proposed to harmonize PSAP outage notification 
requirements and ensure the receipt by PSAPs of more actionable 911 
outage information by April 1, 2022. The Commission believes that the 
revisions proposed in this document constitute only minor changes to 
existing procedures and therefore believe that the time between 
adoption of the rules, as well as subsequent Office of Management and 
Budget (OMB) approval, and the compliance date would be sufficient. The 
Commission seeks comment on this assessment. The Commission seeks 
comment on whether allowing additional time for small- and medium-sized 
businesses to comply with the requirements the Commission proposes in 
this document would serve the public interest.
    52. The Commission proposes to require originating service 
providers and covered 911 service providers to update and maintain 
accurate contact information for officials designated to receive outage 
notifications at each PSAP in areas they serve no later than April 1, 
2022. While the Commission expects that many originating service 
providers and covered 911 service providers will already have accurate 
contact information on hand for most if not all of the PSAPs in their 
service areas, the Commission seeks to allow sufficient time for them 
to further develop and implement those procedures pursuant to the 
requirements that the Commission proposes in this document (for 
example, by developing and transmitting an email survey to their the 
best-known PSAP email address(es), following up as appropriate, and 
identifying and remedying any gaps in their PSAP contact lists). The 
Commission seeks comment on this approach.
    53. In addition, the Commission proposes that its 911 
unavailability public notification framework, which would require 
originating and covered 911 service providers to provide their 
customers with notification of certain disruptions to 911 service that 
result in the unavailability of 911 to reach emergency services, take 
effect no later than June 1, 2022. The proposal regarding contact 
information, discussed above, will give service providers the 
opportunity to further coordinate with PSAPs to determine, in advance 
of disruptions to 911 availability, any alternative contact information 
that the PSAPs wish to convey to the public. The Commission anticipates 
that service providers may need more time to develop a location-based 
web page to provide public notification of 911 unavailability than in 
developing systems to update and maintain accurate contact information 
for official designated to receive outage notifications. The Commission 
seeks comment on this proposal.

G. Benefits and Costs

    54. For all foregoing proposals, the Commission estimates the costs 
that its proposed rules would impose on all service providers of 
approximately a $2,398,000 one-time cost and a $4,557,000 annually 
recurring cost. The Commission tentatively concludes that the benefits 
of PSAP outage notification will be well in excess of these costs. 
Public safety benefits, however, are difficult to quantify. This 
difficulty in quantification, however, does not diminish in any way the 
benefits of providing outage information to PSAPs. The Commission finds 
that the benefits attributable to outage notification are substantial 
and may have significant positive effects on the abilities of PSAPs to 
safeguard the health and safety of residents during outages that 
threaten residents' ability to reach 911. In particular, the Commission 
expects that both the PSAP notification proposals and the customer 
notification proposals will provide the information necessary to allow 
consumers to reach emergency services more quickly during an outage 
potentially affecting 911, thus reducing first responder times and 
improving public health and safety. The Commission urges commenters to 
supply detailed examples of likely benefits and estimates of their 
value where possible.
    55. The Commission's one-time cost estimate of $2,398,000 consists 
of $50,000 to create an email survey to biannually solicit PSAP contact 
information, $99,000 to update PSAP outage notification templates, and 
$2,249,000 to implement a website-based framework that companies can 
use to notify their customers about outages. The Commission's estimate 
that annually recurring costs of $4,557,000

[[Page 34690]]

consist of $1,258,000 for notifying PSAPs of outages that potentially 
affect them pursuant to the standards that the Commission proposes in 
this document, $197,000 for identifying PSAPs that could potentially be 
affected by a service outage, $197,000 for soliciting from PSAPs 
appropriate contact information for outage notification, and $2,905,000 
to publicly notify customers of 911 unavailability on company websites. 
The Commission seeks comment on all these estimates. At this time, the 
Commission is unaware of alternative approaches with lower costs that 
would still ensure that PSAPs receive timely information about outages 
that impact their service areas and ask commenters to provide detailed 
cost estimates. The Commission is interested in possible alternatives 
from commenters, however, and seeks comment. Any suggestions of 
alternative approaches should include both cost and benefit estimates.

IV. Procedural Matters

    56. Ex Parte Presentations. The proceedings shall be treated as 
``permit-but-disclose'' proceedings in accordance with the Commission's 
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 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 rule Sec.  
1.1206(b). In proceedings governed by rule 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 the proceeding should familiarize themselves 
with the Commission's ex parte rules.
    57. Comment Filing Procedures. Pursuant to the Commission's rules, 
interested parties may file comments and reply comments on or before 
the dates indicated on this notice of proposed rulemaking. Comments and 
reply comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS). 47 CFR 1.415, 1.419; 63 FR 24121.
    <bullet> Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS. http://apps.fcc.gov/ecfs.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 45 
L St. NE, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes and boxes must be disposed of before entering 
the building.
    [ssquf] 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.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 45 L St. NE, Washington, DC 20554.
    58. People with Disabilities. To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="62040101575256220401014c050d14">[email protected]</a> or call the 
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), or 
202-418-0432 (tty).
    59. 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.'' 5 U.S.C. 601 through 12, as amended by Public Law 104-121. 
Accordingly, the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) concerning the possible significant 
economic impact on small entities of the polices and rules contained in 
this NPRM. 5 U.S.C. 603(b)(3).
    60. Initial Paperwork Reduction Act Analysis. This NPRM may contain 
proposed new and modified information collection requirements. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995 (PRA). Public Law 104-13. In addition, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific 
comment on how it might ``further reduce the information collection 
burden for small business concerns with fewer than 25 employees.''
    61. Further Information. For further information, contact Beau 
Finley, Attorney-Advisor, Cybersecurity and Communications Reliability 
Division, Public Safety and Homeland Security Bureau, at 202-418-7835, 
or via email at <a href="/cdn-cgi/l/email-protection#e7b58885829593c9a18e898b829ea7818484c9808891"><span class="__cf_email__" data-cfemail="13417c717661673d557a7d7f766a537570703d747c65">[email protected]</span></a>.

V. Initial Regulatory Flexibility Analysis

    62. 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 a substantial number of small entities by the policies and rules 
proposed in this NPRM. 5 U.S.C. 603. Written public comments are 
requested on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments on this NPRM.

A. Need for, and Objectives of, the Proposed Rules

    63. In this proceeding, the Commission takes steps to improve the 
reliability and resiliency of telecommunications networks nationwide 
and 911 networks specifically so that the American public can continue 
to reach emergency

[[Page 34691]]

services without undue delay or disruption. In particular, the NPRM 
proposes and seeks comment on measures to harmonize the Commission's 
Public Safety Answering Points (PSAP) outage notification rules such 
that all service providers must notify all potentially affected PSAPs 
of outages in the same manner and with more specific information. 
Furthermore, the NPRM seeks comments on requirements that originating 
service providers and covered 911 service providers inform their 
customers when 911 is unavailable to them due to disruptions to 
provider networks. These proposals would apply to all originating 
cable, satellite, wireless, wireline, interconnected VoIP service 
providers (``originating service providers'') as well as to all covered 
911 service providers and should make the nation's 911 service more 
reliable and the public safer, while striking an appropriate balance 
between costs and benefits of such regulation. The NPRM also proposes 
to codify rules adopted in 2016 extending the exemption of satellite 
and terrestrial wireless providers from reporting outages potentially 
affecting special offices and facilities. 2016 Part 4 Order.

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

    64. 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, 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.'' 5 U.S.C. 601(6). In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.'' 5 U.S.C. 601(3). 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. 15 U.S.C. 632. Below is a 
list of such entities.
    <bullet> Interconnected VoIP services;
    <bullet> Wireline providers;
    <bullet> Wireless providers--fixed and mobile;
    <bullet> Satellite Service Providers; and
    <bullet> Cable Service Providers.

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

    65. The NPRM primarily proposes revisions to PSAP outage 
notification requirements that may impose new or additional reporting, 
recordkeeping, and/or other compliance requirements on small entities 
and entities of all sizes that provide 911 services. Specifically, the 
NPRM proposes (1) to harmonize the rules under which originating 
service providers and covered 911 service providers notify PSAPs of 
outages; (2) to require originating service providers and covered 911 
service providers to provide more specific and uniform material 
information to PSAPs in outage notifications as defined in Sec.  
4.9(h)(6) of the Commission's rules, as the Commission proposes to 
revise them; (3) to require originating service and covered 911 service 
providers to annually identify the PSAPs that they serve and to elicit 
outage contact information from them; (4) to require said providers to 
supply the public with timely notification of 911 unavailability; and 
(5) to require covered 911 service providers notify the Commission 
within an announced timeframe that they no longer provide covered 911 
services to PSAPs. The NPRM also proposes the codification of an 
amendment to a rule that the Commission adopted in 2016. Specifically, 
the NPRM proposes to codify the extension of the exemption of satellite 
and terrestrial wireless providers from reporting outages potentially 
affecting special offices and facilities. 2016 Part 4 Order.
    66. The Commission is not currently in a position to determine 
whether, if adopted, the proposed rules in the NPRM will require small 
entities to hire attorneys, engineers, consultants, or other 
professionals. The Commission notes, however, that service providers 
already perform measures that contribute to their ability to comply 
with these requirements, and thus would likely ease the burden of 
compliance with these proposals, if adopted. For example, some service 
providers may already offer PSAPs follow-up notifications if additional 
material information becomes available. In addition, many service 
providers are likely to already have documented procedures for 
notifying PSAPs of outages that potentially affect them, and for those 
that do not, Alliance for Telecommunications Industry Solutions (ATIS) 
Network Reliability Steering Committee (NRSC) Task Force documents can 
serve as a useful guide. Furthermore, many service providers already 
regularly elicit PSAP outage contact information.
    67. As discussed in the NPRM, the Commission estimates the 
timeframe and incremental cost for originating service providers to 
notify potentially affected PSAPs about 911 outages within the same 
timeframe, by the same means, and with the same frequency that covered 
911 service providers would be 30 minutes at a rate of $34 per hour per 
notification (initial and follow-up) per outage. The actual cost that 
originating service providers would incur to comply with this 
requirement may be substantially lower than the Commission's estimate 
because, among other things, some originating service providers service 
providers may have automated their PSAP outage notification processes. 
Similarly, the Commission estimates the one-time cost for originating 
service providers and covered 911 service providers to report the same 
specific, actionable content in their PSAP outage notifications as 
requiring 60 minutes at a one-time cost of $34 per hour per provider. 
This activity would allow a provider to incorporate additional 
informational elements into their existing mechanisms for gathering, 
approving, and transmitting information about 911 outages to PSAPs. 
Likewise, the Commission anticipates the actual cost that originating 
service providers and covered 911 service providers would incur to 
comply with this proposal, if adopted, may be substantially lower than 
the Commission's estimate because the estimated number of service 
providers that would be required to comply is conservatively broad. In 
the NPRM, the Commission considers whether originating and covered 911 
service providers also should offer PSAPs graphical interface data 
describing the geographic area potentially affected by outages. In 
addition, the Commission considers whether to require originating and 
covered 911 service providers to notify PSAPs of outages that do not 
meet the Commission's reporting thresholds but could potentially affect 
911 service. The Commission anticipates that the record will reflect 
variation in geographical interface capabilities and proposed PSAP 
notification thresholds, and thus anticipate that the estimated costs 
to service providers will also vary.
    68. In the NPRM, the Commission also discusses the timeframe and 
costs for originating service providers and covered 911 service 
providers to develop and implement procedures for gathering, 
maintaining, and updating PSAP contact information. The Commission 
estimates that the cost for originating service providers and covered 
911 service providers to maintain up-to-date contact information for 
PSAPs in areas they serve would take 30 minutes with a one-time cost of 
$34 per hour per provider to develop a mechanism to elicit PSAP contact

[[Page 34692]]

information. Working internally and with other network operators to 
identify PSAPs that could potentially be affected by an outage would 
take an estimated 120 minutes with an annual recurring rate of $34 per 
hour per provider. Likewise, eliciting the appropriate contact 
information for outage notification using the service provider's chosen 
PSAP contact information collection mechanism would take an estimated 
120 minutes with an annual recurring cost of $34 per provider. 
Compliance with this proposed requirement may be substantially lower 
than the Commission's estimates because the Commission's rules already 
require these service providers to notify PSAPs of 911 outages and, as 
such, they should already have accurate PSAP outage contact 
information. As discussed in the NPRM, standard operating procedures 
for updating PSAP contact information in a centralized PSAP contact 
database was approved by the NRSC Task Force in November 2019. To the 
extent that service providers already have up to date PSAP contact 
information, the Commission does not anticipate that compliance with 
this proposed requirement would impose any incremental costs.
    69. The estimated costs for service providers to notify their 
customers about 911 outages by providing material information on their 
websites consist of a one-time cost of $778 per provider to implement a 
website-based outage notification framework and an annually recurring 
expected cost of $1,005 per provider to notify customers of outages 
that materially affect 911 using that framework. The one-time cost 
consists of the sum of a web developer's hourly rate ($60) multiplied 
by 10 hours to set up an outage notification framework and a general 
and operations manager's hourly rate ($89) multiplied by 2 hours for 
project oversight. In calculating the one-time cost, the Commission is 
aware that certain nationwide or large regional service providers may 
have more sophisticated websites with multiple brands that would 
require more time to implement an outage notification framework. The 
Commission also notes however that most of these providers will have 
already implemented a notification framework for other alerts and 
important announcements that would reduce website development costs.
    70. Small entities are also likely to already have an alert 
notification framework in place and would likewise have lower costs 
than estimated herein. Similarly, the Commission believes that small 
entities' annual recurring costs to notify customers of outages that 
materially affect 911 will likely be less than the Commission's 
estimates since affected service providers need only report outages 
that materially affect 911. Additionally, small entities will also 
incur lower costs where the hourly rates for web developers, and 
general and operations managers are lower than those used in Commission 
estimates. In the NPRM, the Commission seeks comments on its estimates 
and on alternative affordable methods of public notification that 
balance the needs of the public to know whether dialing 9-1-1 will 
reach emergency services with the Commission's commitment to preserving 
public confidence in 911.
    71. Based on the above discussion, the Commission does not believe 
that the costs and/or administrative burdens associated with any of the 
proposal rule changes will unduly burden small entities. Furthermore, 
the Commission believes the value of the public safety benefits 
generated by the Commission's PSAP notification proposals outweigh the 
estimated costs. The Commission anticipates that the proposed rule 
changes will enable PSAPs to accelerate the public's ability to reach 
911 call takers during an outage, reducing the probability of lives 
lost during any such outage. The Commission also believes that these 
proposals could generate an additional, incremental benefit by helping 
people reach 911 call takers more quickly and by reducing first 
responder response times.
    72. Notwithstanding the foregoing, to the extent that service 
providers do not already elicit and refresh contact information for 
individuals designated by the PSAP to receive outage notifications, the 
Commission seeks to allow sufficient time for them to develop 
procedures for doing so, including, for example, by developing an email 
survey to transmit to their the best-known PSAP email address(es) or a 
secure web portal. In the discussion of the proposals in the NPRM, the 
Commission has also sought comments from the parties in the proceeding 
and requested cost and benefit information which may help the 
Commission identify and evaluate relevant matters for small entities.

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

    73. The RFA requires an agency to describe any significant, 
specifically small business, alternatives 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 and 
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. 5 U.S.C. 603(c)(1) through (4).
    74. In the NPRM, the Commission continues to facilitate the 
reliability of the 911 system and meet its public safety obligations 
for oversight of the integrity of the 911 communications infrastructure 
by proposing measures to ensure that PSAPs can expect consistent and 
timely outage notifications whenever there is an outage that 
potentially affects 911 service. While doing so, the Commission is 
mindful that small entities and other 911 service providers may incur 
costs should the proposals the Commission makes, and the alternatives 
upon which the Commission seeks comment in the NPRM, be adopted.
    75. The Commission has taken several steps that could reduce the 
economic impact for small entities. First, the elements for the 
proposed PSAP outage notifications largely track the NRSC Task Force's 
template. Therefore, to the extent small entities have or will 
implement the ATIS NRSC Task Force's template, compliance with these 
proposals should not impose significant additional costs. Next, the 
Commission proposes an approach that establishes a baseline expectation 
of shared information while otherwise preserving flexibility for 
service providers to determine the means by which they present this 
information to PSAPs and seek comment on the cost this flexible 
approach. Similarly, the Commission does not specify the particular 
procedures that service providers must develop or follow to elicit PSAP 
contact information. The Commission seeks comment on the costs and 
benefit of implementing and maintaining these procedures.
    76. To increase public awareness of 911 availability and to help 
protect the public's safety when 911 services are disrupted, the 
Commission proposes to require service providers to notify their 
customers of 911 outages at the request of affected PSAPs within 60 
minutes of determining there is an outage by prominently posting 
notification of material information on the main page of their websites 
and internet-related applications. While the Commission recognizes that 
other alternatives such as text messages, email messages, and

[[Page 34693]]

phone calls, can all provide near-real-time methods to update the 
public on how best to reach emergency services, the Commission believes 
requiring posting of notification via websites and internet-related 
applications will minimize the potential for consumer confusion and 
alerting fatigue and is therefore in the public interest. The 
Commission also believes this means of communication will not be a very 
resource intensive or costly method for small entities and other 
service providers to provide notice to its customers as compared to for 
example, text messages which are not deliverable to traditional 
wireline numbers, and email addresses which service providers may not 
have for their customers. The Commission seeks comment in the NPRM on 
this approach and requiring other methods of notification.
    77. To strike an appropriate balance between maintaining 911 
network reliability and public awareness of 911 unavailability as well 
as associated paperwork burdens, the Commission seeks comment on 
whether it should change the frequency with which covered 911 service 
providers are required to file 911 reliability certifications. The 
Commission also seeks comment on any steps that it has not already 
proposed that it can take to prevent the costs of these proposals from 
becoming unduly burdensome for small and medium-sized businesses. 
Specifically, the NPRM seeks comment on whether it would serve the 
public interest to allow additional time for small and medium-sized 
businesses to comply with the requirements the Commission proposes in 
this document.
    78. In response to the Commission's request for comments in the 
NPRM, the Commission invites parties to propose alternatives to the 
extent that these proposals will impose new obligations on small 
entities. Specifically, the Commission would like to see comments 
address whether small entities would benefit from different reporting 
requirements or timetables that take into account their limited 
resources; simplification or consolidation of reporting requirements 
for small entities; or an exemption from a requirement. the Commission 
invites commenters to (1) identify which proposed requirements are 
particularly difficult or costly for small entities and how different, 
simplified, or consolidated requirements would address those 
difficulties, and (2) if any modifications or exemptions from 
requirements are sought, discuss what would be the effect on public 
safety and the reliability of 911 operations.
    79. The Commission expects to consider more fully the economic 
impact on small entities following its review of comments filed in 
response to the NPRM, including the costs and benefits information. The 
Commission's evaluation of the comments filed in this proceeding will 
shape the final alternatives it considers, the final conclusions it 
reaches, and any final actions it ultimately takes in this proceeding 
to minimize any significant economic impact that may occur on small 
entities.

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

    80. None.

F. Legal Basis

    The proposed action is authorized pursuant sections 1, 4(i), 4(j), 
4(o), 201(b), 214(d), 218, 251(e)(3), 301, 303(b), 303(g), 303(r), 307, 
309(a), 316, 332, 403, 615a-1, and 615c of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), 154(j) 154(o), 201(b), 214(d), 
218, 251(e)(3), 301, 303(b), 303(g), 303(r), 307, 309(a), 316, 332, 
403, 615a-1, and 615c.

List of Subjects

47 CFR Part 4

    Airports, Communications common carriers, Communications equipment, 
Reporting and recordkeeping requirements, Telecommunications.

47 CFR Part 9

    Communications, Communications common carriers, Communications 
equipment, Internet, Radio, Reporting and recordkeeping requirements, 
Satellites, Security measures, 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 parts 4 and 9 as 
follows:

PART 4--DISRUPTIONS TO COMMUNICATIONS

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 47 U.S.C. 34-39, 151, 154, 155, 157, 201, 251, 307, 
316, 615a-1, 1302(a), and 1302(b); 5 U.S.C. 301, and Executive Order 
no. 10530.

0
2. In Sec.  4.9:
0
a. Revise paragraph (a)(4);
0
b. Add the word ``or'' at the end of paragraph (c)(2)(ii);
0
c. Remove paragraph (c)(2)(iii);
0
d. Redesignate paragraph (c)(2)(iv) as paragraph (c)(2)(iii) and revise 
newly redesignated paragraph (c)(2)(iii);
0
e. Add the word ``or'' at the end of paragraph (e)(1)(iii);
0
f. Remove paragraph (e)(1)(iv);
0
g. Redesignate paragraph (e)(1)(v) as paragraph (e)(1)(iv) and revise 
newly redesignated paragraph (e)(1)(iv); and
0
h. Revise paragraphs (f)(4), (g)(1)(i), and (h).
    The revisions read as follows:


Sec.  4.9  Outage reporting requirements--threshold criteria.

    (a) * * *
    (4) Potentially affects a 911 special facility (as defined in Sec.  
4.5(e)), in which case they also shall notify the affected 911 facility 
in the manner described in paragraph (h) of this section. Not later 
than 72 hours after discovering the outage, the provider shall submit 
electronically an Initial Communications Outage Report to the 
Commission. Not later than 30 days after discovering the outage, the 
provider shall submit electronically a Final Communications Outage 
Report to the Commission. The Notification and the Initial and Final 
reports shall comply with all of the requirements of Sec.  4.11.
* * * * *
    (c) * * *
    (2) * * *
    (iii) Potentially affecting a 911 special facility (as defined in 
Sec.  4.5(e)) the affected 911 facility in the manner described in 
paragraph (h) of this section.
* * * * *
    (e)(1) * * *
    (iv) That potentially affects a 911 special facility (as defined in 
Sec.  4.5(e)), in which case they also shall notify the affected 911 
facility in the manner described in paragraph (h) of this section.
* * * * *
    (f) * * *
    (4) Potentially affects a 911 special facility (as defined in Sec.  
4.5(e)), in which case they also shall notify-the affected 911 facility 
in the manner described in paragraph (h) of this section. Not later 
than 72 hours after discovering the outage, the provider shall submit 
electronically an Initial Communications Outage Report to the 
Commission. Not later than 30 days after discovering the outage, the 
provider shall submit electronically a Final Communications Outage 
Report to the Commission. The Notification and the Initial and Final 
reports shall comply with all of the requirements of Sec.  4.11.

[[Page 34694]]

    (g) * * *
    (1) * * *
    (i) Within 240 minutes of discovering that they have experienced on 
any facilities that they own, operate, lease, or otherwise utilize, an 
outage of at least 30 minutes duration that potentially affects a 911 
special facility (as defined in Sec.  4.5(e)), in which case they also 
shall notify the affected 911 facility in the manner described in 
paragraph (h) of this section; or
* * * * *
    (h) 911 Special facility outage notification. All cable, satellite, 
wireless, wireline, interconnected VoIP, and covered 911 service 
providers (as defined in 47 CFR 9.19(a)(4)) shall notify a 911 special 
facility any official who has been designated by the affected 911 
special facility as the provider's contact person(s) for communications 
outages at the facility of any outage that potentially affects that 911 
special facility (as defined in Sec.  4.5(e)) in the following manner.
    (1) Appropriate contact information. Cable, satellite, wireless, 
wireline, interconnected VoIP, and covered 911 service providers shall 
annually identify and maintain up-to-date contact information 
appropriate for 911 outage notification for each 911 special facility 
that serves areas that the service providers serve.
    (2) Timing of notification. Cable, satellite, wireless, wireline, 
interconnected VoIP, and covered 911 service providers shall provide a 
911 outage notification to a potentially affected 911 special facility 
as soon as possible, but no later than within 30 minutes of discovering 
that they have experienced on any facilities that they own, operate, 
lease, or otherwise utilize, an outage that potentially affects a 911 
special facility, as defined in Sec.  4.5(e).
    (3) Means of notification. Cable, satellite, wireless, wireline, 
interconnected VoIP, and covered 911 service providers' 911 outage 
notifications must be transmitted by telephone and in writing via 
electronic means in the absence of another method mutually agreed upon 
in advance by the 911 special facility and the covered 911 service 
provider.
    (4) Content of notification. Cable, satellite, wireless, wireline, 
interconnected VoIP, and covered 911 service providers' 911 outage 
notifications must convey all available material information about the 
outage. For the purpose of this paragraph (h), ``material information'' 
includes the following, where available:
    (i) The name of the cable, satellite, wireless, wireline, 
interconnected VoIP, or covered 911 service provider offering the 
notification;
    (ii) The name of the cable, satellite, wireless, wireline, 
interconnected VoIP, or covered 911 service provider(s) experiencing 
the outage;
    (iii) The date and time when the incident began (including a 
notation of the relevant time zone);
    (iv) The types of communications service(s) affected;
    (v) Geographic area affected by the outage;
    (vi) A statement of the notifying cable, satellite, wireless, 
wireline, interconnected VoIP, or covered 911 service provider's 
expectations for how the outage may affect the 911 special facility 
(e.g., dropped calls or missing metadata);
    (vii) Expected date and time of restoration, including a notation 
of the relevant time zone;
    (viii) The best-known cause of the outage;
    (ix) A name, telephone number, and email address at which the 
notifying cable, satellite, wireless, wireline, interconnected VoIP, or 
covered 911 service provider can be reached for follow-up; and
    (x) A statement of whether the message is the notifying cable, 
satellite, wireless, wireline, interconnected VoIP, or covered 911 
service provider's initial notification to the 911 special facility, an 
update to an initial notification, or a message intended to be the 
service provider's final assessment of the outage.
    (5) Follow-up notification. Cable, satellite, wireless, wireline, 
interconnected VoIP, and covered 911 service providers shall 
communicate additional material information to potentially affected 911 
special facilities in notifications subsequent to the initial 
notification as that information becomes available, but cable, 
satellite, wireless, wireline and interconnected VoIP providers shall 
send the first follow-up notification to potentially affected 911 
special facilities no later than two hours after the initial contact.
0
3. Add Sec.  4.10 to read as follows:


Sec.  4.10  Public notification of 911 outages.

    (a) Notification breadth. All cable, satellite, wireless, wireline, 
interconnected VoIP, and covered 911 service providers (as defined in 
47 CFR 9.19(a)(4)) shall notify potentially affected customers of 911 
unavailability (as defined in paragraph (b) of this section).
    (b) Notification threshold. For the purposes of this section, 911 
unavailability shall be defined as the continuous or intermittent 
inability of a customer to reach emergency services by dialing or 
texting 9-1-1 due to an outage that potentially affects a 911 special 
facility as defined by Sec.  4.5(e)(1).
    (c) Notification timing and frequency. (1) Cable, satellite, 
wireless, wireline, interconnected VoIP, and covered 911 service 
provider shall contact the PSAP(s) affected by 911 unavailability (as 
defined in paragraph (b) of this section) as soon as possible after 
discovery of an outage but no later than 30 minutes after discovery to 
determine what, if any, alternative means of contact the PSAP would 
like made publicly available for the duration of the incident. (2) 
Cable, satellite, wireless, wireline, interconnected VoIP, and covered 
911 service provider with customers experiencing 911 unavailability (as 
defined in paragraph (b) of this section) shall provide notification to 
potentially affected customers as soon as possible, but no later than 
within 60 minutes of discovering that 911 is unavailable. The provider 
shall provide any subsequent material updates regarding the estimated 
time of 911 restoration to its potentially affected customers as soon 
as possible.
    (d) Notification content. Notifications of 911 unavailability shall 
include:
    (1) A statement that there is an outage affecting 911 availability;
    (2) Alternative contact information to reach emergency services at 
the request of the affected PSAP(s), should such information be 
available;
    (3) The time 911 service became unavailable;
    (4) The time the affected service provider estimates that 911 
service will become available; and
    (5) The locations where customers are or are expected to be 
experiencing 911 unavailability.
    (e) Notification medium. Each affected cable, satellite, wireless, 
wireline, interconnected VoIP, and covered 911 service providers (as 
defined in 47 CFR 9.19(a)(4)) shall prominently post the notification 
of 911 unavailability on the main page of its website and on any 
internet- or web-based applications.

PART 9--911 REQUIREMENTS

0
4. The authority citation for part 9 continues to read as follows:

    Authority:  47 U.S.C. 151-154, 152(a), 155(c), 157, 160, 201, 
202, 208, 210, 214, 218, 219, 222, 225, 251(e), 255, 301, 302, 303, 
307, 308, 309, 310, 316, 319, 332, 403, 405, 605, 610, 615, 615 
note, 615a, 615b, 615c, 615a-1, 616, 620, 621, 623, 623 note, 721, 
and 1471, unless otherwise noted.

0
5. In Sec.  9.19, revise paragraph (a)(4)(i)(B) to read as follows:

[[Page 34695]]

Sec.  9.19  Reliability of covered 911 service providers.

    (a) * * *
    (4) * * *
    (i) * * *
    (B) Operates one or more central offices that directly serve a 
PSAP. For purposes of this section, a central office directly serves a 
PSAP if it hosts a selective router or ALI/ANI database, provides 
equivalent NG911 capabilities, or is the last service-provider facility 
through which a 911 trunk or administrative line (i.e., a business line 
or line group that connects to a PSAP but is not used as the default or 
primary route over which 911 calls are transmitted to the PSAP) passes 
before connecting to a PSAP.
* * * * *

[FR Doc. 2021-13974 Filed 6-29-21; 8:45 am]
BILLING CODE 6712-01-P


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