[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Proposed Rules]
[Pages 6339-6340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2772]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 4

[ET Docket No. 04-35, RM 11588, DA 10-220]


California Public Utilities Commission Petition for Rulemaking

AGENCY: Federal Communications Commission.

ACTION: Petition for rulemaking.

-----------------------------------------------------------------------

SUMMARY: The California Public Utilities Commission (``CPUC'') filed a 
Petition for Rulemaking requesting that the Federal Communications 
Commission (Commission or FCC grant State public utilities commissions 
direct access to the Commission's Network Outage Reporting System 
(NORS). The CPUC also requests password-protected access to California-
specific disruption and outage data in the NORS. The FCC seeks comment 
on this petition.

DATES: Submit statements in support of or in opposition to the petition 
for rulemaking on or before March 4, 2010; replies to statements in 
support of or in opposition to the petition for rulemaking should be 
submitted on or before March 19, 2010.

ADDRESSES: You may submit comments, identified by RM-11588 and/or ET 
Docket No. 04-35, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Web Site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
    <bullet> Mail: Commission's Secretary, Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW., Washington, DC 
20554.
    <bullet> People With Disabilities: Contact the FCC to request 
materials in accessible formats for people with disabilities (Braille, 
large print, electronic files, audio format) by e-mail: <a href="/cdn-cgi/l/email-protection#692f2a2a5c595d290f0a0a470e061f"><span class="__cf_email__" data-cfemail="2b6d68681e1b1f6b4d4848054c445d">[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: For additional information contact 
Jean Ann Collins, Deputy Chief, Communications Systems Analysis 
Division, Public Safety and Homeland Security Bureau, Federal 
Communications Commission, at (202) 418- 2792 or 
<a href="/cdn-cgi/l/email-protection#d4beb1b5bab5babafab7bbb8b8bdbaa794b2b7b7fab3bba2"><span class="__cf_email__" data-cfemail="b5dfd0d4dbd4dbdb9bd6dad9d9dcdbc6f5d3d6d69bd2dac3">[email protected]</span></a>.

[[Page 6340]]


SUPPLEMENTARY INFORMATION: The Public Safety and Homeland Security 
Bureau invites public comment on the petition for rulemaking filed on 
November 12, 2009, by the California Public Utilities Commission 
(``CPUC''). The CPUC petitions the Commission, pursuant to Section 
1.401 of the Commissions rules, requesting that the Federal 
Communications Commission (Commission or FCC) grant State public 
utilities commissions direct access to the Commission's Network Outage 
Reporting System (NORS) database. The CPUC also informally requests, 
pursuant to Section 1.41 of the Commission's rules, that the Commission 
act to allow the CPUC password-protected access to the NORS database 
that is ``limited to California-specific disruption and outage data.''
    NORS is the Web-based filing system through which certain 
communications providers submit reports to the Commission of 
disruptions to communications as required by part 4 of the Commission's 
rules. Reports of service disruptions filed in NORS are presumed to be 
confidential. Currently, the Commission shares NORS data only with the 
Department of Homeland Security (DHS).
    CPUC states that the Commission found that mandatory reporting of 
network outages was ``the only reliable way to collect this important 
information for use by this Commission and, where appropriate, for 
other government entities.'' The CPUC asserts that, during the part 4 
rulemaking proceeding, no State public utility commission requested 
access to the part 4 service disruption data and the Commission did not 
address whether it should or would grant State public utilities 
commissions the same direct access to the NORS reports that it provided 
to DHS.
    CPUC states that because the public health and safety, as well as 
California's economy, depend heavily on reliable and well functioning 
wireline and wireless voice and data communications networks, it is 
critical that the CPUC have access to the same level of service outage 
detail found in NORS reports in order to effectively analyze the data. 
CPUC adds that State commissioners, like the FCC, are responsible for 
overseeing the reliability and security of their State's respective 
communications infrastructures and, in times of crisis, local and State 
authorities are often the first responders. CPUC states that, because 
of this, California has adopted ``the FCC's NORS requirements'' and 
implemented safeguards to ensure the confidentiality of the information 
received.
    CPUC asserts that its goal is to obtain the data necessary to 
perform its ``traditional role of protecting public health and safety 
through monitoring of communications network functionality'' without 
requiring duplicative reporting by telecommunications providers. 
Acknowledging national security concerns, it seeks to allow states 
access to the NORS database if they can show that appropriate 
protections are in place that would ensure that the confidentiality of 
the data is maintained.
    The petition for rulemaking is available for public inspection and 
copying in the Commission's Reference Center, Room CY-A257, 445 12th 
Street, SW., Washington, DC 20554. Copies of the request also may be 
obtained via the Commission's Electronic Comment Filing System (ECFS) 
by entering the docket number, ET Docket No. 04-35. Copies of the 
request also are available from Best Copy and Printing, Inc., telephone 
(800) 378-3160, facsimile (301) 816-0169, e-mail <a href="/cdn-cgi/l/email-protection#cbada8a88ba9a8bba2bcaea9e5a8a4a6"><span class="__cf_email__" data-cfemail="25434646654746554c5240470b464a48">[email protected]</span></a>.
    Pursuant to section 1.405 of the Commission's rules, 47 CFR 1.405, 
interested parties may file statements in support of or in opposition 
to the petition for rulemaking not later than March 4, 2010. Any 
interested parties may file replies to statements in support of or in 
opposition to the petition for rulemaking not later than March 19, 
2010. Statements and replies may be filed using: (1) The Commission's 
Electronic Comment Filing System (ECFS), (2) the Federal Government's 
eRulemaking Portal, or (3) by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    Electronic Filers: Comments may be filed electronically using the 
Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/or the 
Federal eRulemaking Portal: http://www.regulations.gov.
    Paper Filers: Parties who choose to file by paper must file an 
original and four copies 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.
    Effective December 28, 2009, all hand-delivered or messenger-
delivered paper filings for the Commission's Secretary must be 
delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325, 
Washington, DC 20554. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building. The filing hours are 8 a.m. to 7 p.m.
    Commercial overnight mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9300 East Hampton Drive, 
Capitol Heights, MD 20743.
    U.S. Postal Service first-class, Express, and Priority mail must be 
addressed to 445 12th Street, SW., Washington DC 20554.
    In addition, interested parties shall send one copy of their 
statements and replies to Best Copy and Printing, Inc., Portals II, 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, (800) 378-3160, 
e-mail <a href="/cdn-cgi/l/email-protection#26404545664445564f5143440845494b"><span class="__cf_email__" data-cfemail="ddbbbebe9dbfbeadb4aab8bff3beb2b0">[email protected]</span></a>.
    Filings and comments are also available for public inspection and 
copying during business hours in the FCC Reference Information Center, 
Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554, 
and via the Commission's Electronic Comment Filing System (ECFS) by 
entering the docket number, ET Docket No. 04-35. They may also be 
purchased from the Commission's duplicating contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone: (202) 488-5300 or (800) 378-3160, fax: 
(202) 488-5563, or via e-mail <a href="/cdn-cgi/l/email-protection#98fefbfbd8fafbe8f1effdfab6fbf7f5"><span class="__cf_email__" data-cfemail="395f5a5a795b5a49504e5c5b175a5654">[email protected]</span></a>.
    People With Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="74121717414440341217175a131b02">[email protected]</a> or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

James Arden Barnett, Jr.,
Chief, Public Safety and Homeland Security Bureau, Federal 
Communications Commission.
[FR Doc. 2010-2772 Filed 2-8-10; 8:45 am]
BILLING CODE 6712-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>