911 Reliability

Citation85 FR 37098
Record Number2020-13189
Published date19 June 2020
SectionNotices
CourtFederal Communications Commission
Federal Register, Volume 85 Issue 119 (Friday, June 19, 2020)
[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
                [Notices]
                [Pages 37098-37100]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-13189]
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                FEDERAL COMMUNICATIONS COMMISSION
                [PS Docket Nos. 15-80, 13-75, 11-60; DA 20-453; FRS 16750]
                911 Reliability
                AGENCY: Federal Communications Commission.
                ACTION: Notice.
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                SUMMARY: In this document, the Federal Communication Commission's (FCC
                or Commission) Public Safety and Homeland Security Bureau (Bureau)
                seeks comment on the implementation of new data fields for covered 911
                service providers that it will add to the Network Outage Reporting
                System (NORS) and 911 Reliability Certification System to improve the
                Bureau's situational awareness regarding 911 reliability. The effective
                date for the implementation of these changes will be announced in a
                future Public Notice.
                DATES: Submit comments on or before July 20, 2020.
                ADDRESSES: You may submit comments, identified by PS Docket Nos. 15-80,
                13-75, 11-60; DA 20-453, by any of the following methods:
                 Federal Communications Commission's website: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
                comments.
                 Filings can be sent by commercial overnight courier, or by
                first-class or overnight U.S. Postal Service mail. See the
                SUPPLEMENTARY INFORMATION section for more instructions.
                 People with Disabilities: Contact the FCC to request
                reasonable accommodations (accessible format documents, sign language
                interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
                0530 or TTY: 202- 418-0432. For detailed instructions for submitting
                comments see the SUPPLEMENTARY INFORMATION section of this document.
                FOR FURTHER INFORMATION CONTACT: For general questions, contact Kenneth
                Mallory, Attorney Advisor, Cybersecurity and Communications Reliability
                Division, Public Safety and Homeland Security Bureau, at (202) 418-7785
                or [email protected].
                SUPPLEMENTARY INFORMATION: This is a summary of the Modifications to
                Network Outage Reporting and 911 Reliability Certifications for Covered
                911 Service Providers Public Notice, PS Docket Nos. 15-80, 13-75, 11-
                60; DA 20-453, released April 27, 2020.
                 The complete text of the Modifications to Network Outage Reporting
                and 911 Reliability Certifications for Covered 911 Service Providers
                Public Notice is also available electronically at: https://www.fcc.gov/document/pshsb-seeks-comment-nors-911-reliability-certification-changes.
                I. Introduction and Background
                 The Bureau seeks comment on the implementation of new NORS and 911
                Reliability Certification System data fields for covered 911 service
                providers. These new fields will improve the Bureau's ability to assess
                911 reliability by aiding the Commission in identifying 911 special
                facilities (such as public safety answering points (PSAPs)) affected by
                service outages, determining whether alternative measures to circuit
                diversity are effective in maintaining network reliability, recognizing
                year-to-year improvements in 911 reliability, and ensuring compliance
                with existing network reliability requirements. The Bureau intends to
                make these modifications pursuant to its delegated authority.
                Specifically, the Commission has delegated authority to the Bureau to
                administer its ``communications disruption reporting requirements,''
                and ``revise the filing system and template used for the submission of
                such communications disruption reports,'' 47 CFR 0.392(i), 0.191(g).
                The Commission has also delegated authority to the Bureau, ``consistent
                with the requirements of the Administrative Procedure Act and relevant
                portions of the Communications Act,'' to develop ``forms and procedures
                as may be required to collect and process [911] certifications, and . .
                . periodically update those forms and procedures as necessary'' and
                ``order appropriate remedial action on a case-by-case basis where 911
                reliability certifications indicate such actions are necessary to
                protect public safety,'' 79 FR 3123, 3129 (Jan. 17, 2014) (911
                Reliability Report and Order). While these systems have distinct and
                independent reporting requirements, the Bureau believes that
                modifications to NORS will supply more insight into the representations
                covered 911 service providers make with respect to 911 reliability
                certifications. Specifically, supplementing NORS outage reports with
                information available to covered 911 service providers from their most
                recent 911 reliability certifications can help to confirm the extent to
                which any alternative measures they use to ensure circuit diversity are
                effective.
                II. Modifications to NORS Reporting Forms
                 911 Special Facilities Impacted by Outages. Information about which
                911 special facilities are affected by outages, and whether 911 special
                facilities were notified of outages, facilitates the Bureau's efforts
                to better ascertain and analyze the effect of outages required to be
                reported under the Commission's part 4 rules, and to enforce those
                aspects of the rules requiring covered 911 service providers to submit
                notifications to the Bureau regarding outages that potentially affect
                911 special facilities. The part 4 rules require that ``all pertinent
                information on the outage, including any information that was not
                contained in, or that has changed from that provided in, the Initial
                report.'' In the Bureau's experience, it has often been required to
                follow up with covered 911 service providers to determine whether 911
                special facilities were affected and whether the relevant PSAPs were
                appropriately notified. We believe a more efficient approach would be
                to receive this information in the reports from covered 911 service
                providers at the outset. In these regards, the Bureau proposes to
                modify the specificity of the information requested of covered 911
                service providers on NORS notification, initial and final reports
                submission forms. These forms will be revised to include a checkbox
                that will enable filers to check ``yes'' or ``no'' to indicate whether
                they are a covered 911 service provider. If the filer indicates that it
                is a covered 911 service provider, the filer will be prompted to
                identify which 911 special facilities are affected by an outage,
                whether they were notified and, if so, how they were
                [[Page 37099]]
                notified. Specifically, fields will be added to NORS submission forms
                for covered 911 service providers to type in appropriate 911 special
                facility names. As these filers type in a 911 special facility name, a
                list of matching names will be displayed for filers to select the
                appropriate response. To reduce burdens on covered 911 service
                providers and ensure consistency in the information that is reported,
                the Bureau will offer filers a list of 911 special facility names
                generated from the list of PSAPs that the Commission receives from
                covered 911 service providers' submissions to the 911 Reliability
                Certification System. If the names of the affected 911 special
                facilities are not shown on the list, covered 911 service providers can
                enter additional facility names in the field. For each affected 911
                special facility, the form will provide a drop-down option (i.e., yes/
                no) for filers to indicate whether the PSAP has been notified. A field
                will also be added to NORS to enable covered 911 service providers to
                specify how they notified the affected PSAP (e.g., by phone, by email).
                By providing these fields, the Bureau believes the revised forms will
                be a more effective and minimally burdensome way of enforcing the
                obligation in the rules to notify PSAPs of outages potentially
                affecting 911 special facilities, records of which in light of this
                obligation we anticipate that covered 911 service providers already
                keep. Service providers that do not serve as covered 911 service
                providers for the affected 911 special facilities will not be required
                to complete these fields.
                 Alternative Measures for Circuit Diversity. The Bureau has also had
                to follow up with covered 911 service providers about alternative
                measures they use for circuit diversity when there has been an outage.
                It would improve the Bureau's situational awareness if this information
                were available in NORS reports rather than only pursuant to follow up
                requests. Collecting this information will improve the Bureau's ability
                to evaluate the effectiveness of alternative measures in lieu of
                certification to physical circuit diversity. Accordingly, the Bureau
                proposes to require NORS filers indicating on NORS final report
                submission forms that they are covered 911 service providers to
                identify, in a new data field that will be added to NORS final report
                submission forms, whether alternative measures to circuit diversity
                were in place for affected 911 special facilities. For each affected
                911 special facility, there will be a dropdown option in NORS (i.e.,
                yes/no/Not Applicable) for filers to indicate whether an alternate
                measure was taken for the affected PSAP. If the response is ``yes,''
                filers will be prompted to specify the alternate measure taken in a new
                free text field. Service providers that do not serve as covered 911
                service providers for the affected 911 special facilities will not be
                required to complete these fields. The Bureau believes that requiring
                covered 911 service providers to disclose whether outages occur on
                network segments that use alternative measures for circuit diversity
                will impose a minimal burden on covered 911 service providers as they
                would need only relate information they already prepare for submission
                to the Commission's 911 Reliability Certification System to specific
                outages they report in NORS. All service providers, including covered
                911 service providers, will still be required to complete the existing
                NORS fields that collect information on whether an outage could have
                been prevented or mitigated if physical diversity had been implemented
                in their network.
                 The Bureau seeks comment on whether the implementations proposed
                are the most effective and efficient ways for the Commission to collect
                the information sought from covered 911 service providers in NORS. Are
                there any alternative approaches to collecting this information that
                would reduce burdens on covered 911 service providers that are required
                to file in NORS while achieving the Bureau's objectives of obtaining
                accurate and robust data on 911 reliability and ensuring compliance
                with the Commission's rules?
                III. Modifications to 911 Certification Forms
                 Applicability of 911 Certifications. The Commission's rules require
                covered 911 service providers to certify whether elements of the 911
                reliability certifications are not applicable to their networks, 47 CFR
                9.19(c)(1)(ii). Some certifications submitted to the Commission are
                ambiguous as to the reasons why their filers believe those elements are
                not applicable. For example, some covered 911 service providers certify
                that certification elements regarding critical 911 circuits are not
                applicable to them because they do not operate selective routers.
                However, even if these providers do not operate selective routers, the
                rules may nonetheless be applicable to these providers if they operate
                a functional equivalent of a selective router or offer other
                capabilities such as automatic location information or automatic number
                information to a PSAP, statewide default answering point, or
                appropriate local emergency authority. The Bureau must then seek
                information on a case-by-case basis to assess whether covered 911
                service providers are complying with the existing rules and to follow
                up as appropriate. To ensure that the Bureau can more efficiently
                evaluate whether covered 911 service providers are in compliance with
                the Commission's 911 reliability certification rules, the Bureau
                proposes to make necessary updates to the 911 Reliability Certification
                System to reduce ambiguity in certifications. The Bureau will modify
                the 911 Reliability Certification System to prompt covered 911 service
                providers to explain with greater specificity how the certification
                elements apply to their network. Specifically, the Bureau will add
                drop-down fields to 911 reliability certifications that will require
                covered 911 service providers to indicate whether they provide the
                following services: (1) 911, E911 or NG911 call routing through a
                selective router or its functional equivalent; (2) automatic location
                information or automatic number information database lookup capability
                or its functional equivalent; and (3) direct service to a PSAP by one
                or more central offices it operates, including administrative lines to
                a PSAP, statewide default answering point, or appropriate local
                emergency authority. The Bureau believes that this information will
                assist in corroborating certifications that certain elements are not
                applicable, which will save time and resources of covered 911 service
                providers by reducing the number of questions they receive from Bureau
                staff about their certifications.
                 911 Network Upgrades. Additionally, the Bureau recognizes that some
                covered 911 service providers continue to make improvements to their
                networks that improve the reliability of 911 but are not currently
                captured in the 911 Reliability Certification System. Collecting
                information about these improvements will help the Bureau's efforts to
                assess the extent and scope of providers' initiatives to enhance 911
                service nationwide and identify industry practices and standards that
                will help inform the Bureau's recommendations to the Commission for
                future Commission action consistent with its rules. To allow covered
                911 service providers an opportunity to update the Commission as to
                their efforts on 911 reliability, the Bureau proposes to revise 911
                reliability certifications to include a data field that enables covered
                911 service providers to highlight network upgrades completed within
                the past year that have resulted
                [[Page 37100]]
                in improvements to 911 reliability and/or performance. To implement
                this change, a new text field will be added to the 911 Reliability
                Certification System for filers to provide a summary of major network
                upgrades and improvements they completed within the past year. This
                data field would be optional and therefore would not impose burdens on
                covered 911 service providers who choose not to use the field.
                 The Bureau seeks comment on whether the implementations proposed
                are the most effective and efficient way to validate the certifications
                that indicate that one or more elements are inapplicable to their
                networks and capture additional information on yearly 911 improvements.
                Are there any alternative approaches to collecting this information
                that would reduce burdens on covered 911 service providers while
                achieving the Bureau's objectives of obtaining accurate and robust data
                on 911 reliability and ensuring compliance with the Commission's rules?
                IV. Implementation
                 Following the receipt of comments on these modifications, the
                Bureau will release a Public Notice to specify the changes that will be
                implemented in the Network Outage Reporting System (NORS) and 911
                Reliability Certification System and address issues and alternative
                approaches raised by commenters. To the extent necessary, these changes
                may be made without prior notice-and-comment under the Administrative
                Procedure Act as ``rules of agency organization, procedure, or
                practice,'' 5 U.S.C. 553(b)(A). The Bureau will then seek Office of
                Management and Budget (OMB) approval of the modifications to the extent
                required under the Paperwork Reduction Act. Upon receipt of OMB
                approval, and the Bureau's completion of all necessary changes to the
                systems, the Bureau will announce that the modifications are effective.
                Moreover, the Bureau understands that NORS filers may need the Bureau's
                technical assistance to ensure that their existing systems are
                compatible with any resulting modifications to the NORS Application
                Programming Interface (API). Therefore, the Bureau will work with
                system filers prior to the effective date of these new modifications to
                ensure that no API issues impede their compliance.
                 Paperwork Reduction Act. This document contains proposed modified
                information collection requirements. The Commission, as part of its
                continuing effort to reduce paperwork burdens, invites the general
                public and the OMB to comment on the information collection
                requirements contained in this document, as required by the Paperwork
                Reduction Act of 1995, 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), we seek specific comment on how we might further
                reduce the information collection burden for small business concerns
                with fewer than 25 employees.
                V. Procedural Matters
                 Interested parties may file comments in response to this Public
                Notice on or before the date indicated on the first page of this
                document. See Electronic Filing of Documents in Rulemaking Proceedings,
                63 FR 24121 (1998). Comments may be filed using the Commission's
                Electronic Comment Filing System (ECFS).
                 [ssquf] Electronic Filers: Comments may be filed electronically
                using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
                 [ssquf] Paper Filers: Parties who choose to file by paper must file
                an original and one copy of each filing.
                 [ssquf] 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.
                 [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 445 12th Street SW, Washington, DC 20554.
                 [ssquf] 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).
                 [ssquf] During the time the Commission's building is closed to the
                general public and until further notice, if more than one docket or
                rulemaking number appears in the caption of a proceeding, paper filers
                need not submit two additional copies for each additional docket or
                rulemaking number; an original and one copy are sufficient.
                 [ssquf] People with Disabilities: To request materials in
                accessible formats for people with disabilities (braille, large print,
                electronic files, audio format), send an email to [email protected] or
                call the Consumer & Governmental Affairs Bureau at 202-418-0530
                (voice), 202-418-0432 (tty).
                 This proceeding has been designated as a ``permit-but-disclose''
                proceeding in accordance with the Commission's ex parte rules. See 47
                CFR 1.1200(a), 1.1206. 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 1.1206(b). In proceedings governed by
                rule 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.
                Federal Communications Commission.
                Lisa Fowlkes,
                Chief, Public Safety and Homeland Security Bureau.
                [FR Doc. 2020-13189 Filed 6-18-20; 8:45 am]
                BILLING CODE 6712-01-P
                

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