Public Safety and Homeland Security Bureau Seeks To Refresh the Record Regarding Options for Addressing Non-Emergency Calls to 911 From Non-Service Initialized Handsets, 19442-19443 [2013-06814]
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Federal Register / Vol. 78, No. 62 / Monday, April 1, 2013 / Proposed Rules
the intended function of a specific area
of the site dictates that the topsoil be
disturbed or removed.
(b) Soil Stabilization. Stabilization of
disturbed areas must, at a minimum, be
initiated immediately whenever any
clearing, grading, excavating or other
earth disturbing activities have
permanently ceased on any portion of
the site, or temporarily ceased on any
portion of the site and will not resume
for a period exceeding 14 calendar days.
In arid, semiarid, and drought-stricken
areas where initiating vegetative
stabilization measures immediately is
infeasible, alternative stabilization
measures must be employed as specified
by the permitting authority.
Stabilization must be completed within
a period of time determined by the
permitting authority. In limited
circumstances, stabilization may not be
required if the intended function of a
specific area of the site necessitates that
it remain disturbed.
*
*
*
*
*
(d) * * *
(2) Minimize the exposure of building
materials, building products,
construction wastes, trash, landscape
materials, fertilizers, pesticides,
herbicides, detergents, sanitary waste
and other materials present on the site
to precipitation and to stormwater.
Minimization of exposure is not
required in cases where the exposure to
precipitation and to stormwater will not
result in a discharge of pollutants, or
where exposure of a specific material or
product poses little risk of stormwater
contamination (such as final products
and materials intended for outdoor use);
and
*
*
*
*
*
§ 450.22
[Amended]
4. Section 450.22 is amended by
removing and reserving paragraphs (a)
and (b).
■
[FR Doc. 2013–07097 Filed 3–29–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
sroberts on DSK5SPTVN1PROD with PROPOSALS
[EB Docket No. 08–51; DA 13–430]
Public Safety and Homeland Security
Bureau Seeks To Refresh the Record
Regarding Options for Addressing
Non-Emergency Calls to 911 From
Non-Service Initialized Handsets
Federal Communications
Commission.
ACTION: Request for Comments.
AGENCY:
VerDate Mar<15>2010
13:27 Mar 29, 2013
Jkt 229001
SUMMARY: In this document, the Federal
Communication Commission’s
(Commission) Public Safety and
Homeland Security Bureau (PSHSB)
seeks to refresh the record regarding the
nature and extent of fraudulent 911 calls
made from Non-Service Initialized (NSI)
devices; concerns with blocking NSI
devices used to make fraudulent 911
calls, and suggestions for making this a
more viable option for carriers; and
other possible solutions to the problem
of fraudulent 911 calls from NSI
devices.
Comments are due on or before
May 16, 2013 and reply comments are
due on or before May 31, 2013.
ADDRESSES: You may submit comments,
identified by PS Docket No. 08–51 by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• Mail: 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.
• People with Disabilities: Contact the
Commission to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
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.
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 should be
addressed to 445 12th Street SW.,
Washington DC 20554.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Eric
Ehrenreich, Policy and Licensing
Division, Public Safety and Homeland
Security Bureau, at (202) 418–1726 or
Eric.Ehrenreich@fcc.gov.
DATES:
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
This is a
summary of the Federal Communication
Commission’s Public Notice in PS
Docket No. 08–51, DA 13–430, released
on March 14, 2013. This document is
available to the public at https://
www.fcc.gov/document/pshsb-seeksrefresh-non-emergency-911-calls-nsihandset-record.
SUPPLEMENTARY INFORMATION:
Synopsis of the Public Notice
1. The Commission’s rules require
commercial mobile radio service
(CMRS) providers subject to the
Commission’s 911 rules to forward all
wireless 911 calls, including those
originated from ‘‘non-serviceinitialized’’ (NSI) handsets, to Public
Safety Answering Points (PSAPs). In
2008, nine public safety organizations
and a software development firm
(Petitioners) filed a petition for notice of
inquiry to address the problem of
fraudulent non-emergency 911 calls
placed to PSAPs from NSI handsets. The
Commission granted this petition and
issued a Notice of Inquiry in April 2008
to enhance its understanding of the
extent of the problem and to explore
potential solutions. Specifically, the
Commission requested comment in
three areas: (1) The nature and extent of
fraudulent 911 calls made from NSI
devices; (2) concerns with blocking NSI
devices used to make fraudulent 911
calls, and suggestions for making this a
more viable option for carriers; and (3)
other possible solutions to the problem
of fraudulent 911 calls from NSI
devices.
2. In light of the concerns raised by
Petitioners regarding fraudulent nonemergency 911 calls, one of the options
on which the Notice of Inquiry (73 FR
28,116), sought comment was whether
the Commission should eliminate the
911 call-forwarding requirement for NSI
devices. In response, a number of public
safety commenters advocated for the
Commission to eliminate the
requirement. However, other
commenters, including Petitioners,
other public safety entities, and
commercial carriers, took the opposite
view, arguing that the public had come
to rely on the fact that NSI devices are
911-capable and that eliminating the
call-forwarding requirement could lead
to tragic results given this public
reliance.
3. In a recently filed ex parte,
however, NENA: The 9–1–1 Association
(NENA), one of the original Petitioners,
has revised its earlier-stated position on
this issue. NENA states that based on its
‘‘members’ experience since 2008 * * *
we now can support the reversal of the
‘all calls’ rule.’’ According to NENA,
‘‘PSAPs face an ever-growing onslaught
E:\FR\FM\01APP1.SGM
01APP1
Federal Register / Vol. 78, No. 62 / Monday, April 1, 2013 / Proposed Rules
of non-emergency calls to 9–1–1 from
NSI devices.’’ Moreover, in recently
filed comments in another docket,
NENA states that there is now a
‘‘consensus view that the promotion of
NSI devices does more harm than
good.’’ NENA further asserts that ‘‘most
charities and domestic violence
advocates [have] abandoned the practice
of distributing NSI devices.’’ NENA
states that ‘‘NSI phone donation
programs have since been supplanted by
outright donations of devices and
service by CMRS providers, and by state
and federal programs (such as the
Universal Service Fund-supported
Lifeline program) that provide free or
reduced-cost mobile service to lowincome or at-risk individuals.’’
However, NENA does not support
‘‘overnight’’ elimination of the 911 callforwarding requirement, proposing
instead that the Commission should
phase out the requirement ‘‘for devices
and networks that no longer support
legacy circuit-switched calling.’’ NENA
clams that this would ‘‘minimize
stranded investments by carriers and
consumers as carriers transition to fully
IP-based architectures such as LTE and
consumers transition to IP-only devices
that no longer support circuit-switched
voice services.’’
4. In light of NENA’s revised view on
the 911 call-forwarding requirement, as
well as the passage of time since the
filing of comments in response to the
Notice of Inquiry, we seek to refresh the
record in this proceeding. In particular,
we seek comment on whether other
interested parties agree or disagree with
NENA’s view that the Commission
should consider phasing out the callforwarding requirement as it applies to
NSI devices. More generally, we seek
comment on relevant changes in
industry, technology, regulation, public
practice, or otherwise that may have
occurred since the earlier filing of
comments. We also ask commenters to
point out any earlier-submitted facts or
analyses in the record that they now
regard as outdated, and to provide any
new information that they consider
relevant.
sroberts on DSK5SPTVN1PROD with PROPOSALS
I. Procedural Matters
A. Ex Parte Presentations
5. This proceeding has been
designated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. 47 CFR
1.1200 through 1.1216. Persons making
VerDate Mar<15>2010
13:27 Mar 29, 2013
Jkt 229001
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.
B. Comment Filing Procedures
6. Pursuant to §§ 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. Parties may file
comments on or before the dates
indicated on the first page of this
document. Please place the docket
number PS DOCKET NO. 08–51 on all
filings. Comments may be filed using
the Commission’s Electronic Comment
Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking
Proceedings, 63 FR 24121, May 1, 1998.
PO 00000
Frm 00013
Fmt 4702
Sfmt 9990
19443
7. Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
8. 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.
9. 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.
10. All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
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.
11. 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.
12. U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
13. People with Disabilities: To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer and Governmental
Affairs Bureau at (202) 418–0530 (voice)
or (202) 418–0432 (tty).
14. Copies of the Petition and any
subsequently filed documents in this
matter are also available for inspection
in the Commission’s Reference
Information Center: 445 12th Street SW.,
CY-Level, Washington, DC 20554, (202)
418–0270.
Federal Communications Commission.
David S. Turetsky,
Chief, Public Safety and Homeland Security
Bureau.
[FR Doc. 2013–06814 Filed 3–29–13; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\01APP1.SGM
01APP1
Agencies
[Federal Register Volume 78, Number 62 (Monday, April 1, 2013)]
[Proposed Rules]
[Pages 19442-19443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06814]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[EB Docket No. 08-51; DA 13-430]
Public Safety and Homeland Security Bureau Seeks To Refresh the
Record Regarding Options for Addressing Non-Emergency Calls to 911 From
Non-Service Initialized Handsets
AGENCY: Federal Communications Commission.
ACTION: Request for Comments.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communication Commission's
(Commission) Public Safety and Homeland Security Bureau (PSHSB) seeks
to refresh the record regarding the nature and extent of fraudulent 911
calls made from Non-Service Initialized (NSI) devices; concerns with
blocking NSI devices used to make fraudulent 911 calls, and suggestions
for making this a more viable option for carriers; and other possible
solutions to the problem of fraudulent 911 calls from NSI devices.
DATES: Comments are due on or before May 16, 2013 and reply comments
are due on or before May 31, 2013.
ADDRESSES: You may submit comments, identified by PS Docket No. 08-51
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
Mail: 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.
People with Disabilities: Contact the Commission to
request reasonable accommodations (accessible format documents, sign
language interpreters, CART, etc.) by email: FCC504@fcc.gov 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.
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 should
be addressed to 445 12th Street SW., Washington DC 20554.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Eric Ehrenreich, Policy and Licensing
Division, Public Safety and Homeland Security Bureau, at (202) 418-1726
or Eric.Ehrenreich@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communication Commission's Public Notice in PS Docket No. 08-51, DA 13-
430, released on March 14, 2013. This document is available to the
public at https://www.fcc.gov/document/pshsb-seeks-refresh-non-emergency-911-calls-nsi-handset-record.
Synopsis of the Public Notice
1. The Commission's rules require commercial mobile radio service
(CMRS) providers subject to the Commission's 911 rules to forward all
wireless 911 calls, including those originated from ``non-service-
initialized'' (NSI) handsets, to Public Safety Answering Points
(PSAPs). In 2008, nine public safety organizations and a software
development firm (Petitioners) filed a petition for notice of inquiry
to address the problem of fraudulent non-emergency 911 calls placed to
PSAPs from NSI handsets. The Commission granted this petition and
issued a Notice of Inquiry in April 2008 to enhance its understanding
of the extent of the problem and to explore potential solutions.
Specifically, the Commission requested comment in three areas: (1) The
nature and extent of fraudulent 911 calls made from NSI devices; (2)
concerns with blocking NSI devices used to make fraudulent 911 calls,
and suggestions for making this a more viable option for carriers; and
(3) other possible solutions to the problem of fraudulent 911 calls
from NSI devices.
2. In light of the concerns raised by Petitioners regarding
fraudulent non-emergency 911 calls, one of the options on which the
Notice of Inquiry (73 FR 28,116), sought comment was whether the
Commission should eliminate the 911 call-forwarding requirement for NSI
devices. In response, a number of public safety commenters advocated
for the Commission to eliminate the requirement. However, other
commenters, including Petitioners, other public safety entities, and
commercial carriers, took the opposite view, arguing that the public
had come to rely on the fact that NSI devices are 911-capable and that
eliminating the call-forwarding requirement could lead to tragic
results given this public reliance.
3. In a recently filed ex parte, however, NENA: The 9-1-1
Association (NENA), one of the original Petitioners, has revised its
earlier-stated position on this issue. NENA states that based on its
``members' experience since 2008 * * * we now can support the reversal
of the `all calls' rule.'' According to NENA, ``PSAPs face an ever-
growing onslaught
[[Page 19443]]
of non-emergency calls to 9-1-1 from NSI devices.'' Moreover, in
recently filed comments in another docket, NENA states that there is
now a ``consensus view that the promotion of NSI devices does more harm
than good.'' NENA further asserts that ``most charities and domestic
violence advocates [have] abandoned the practice of distributing NSI
devices.'' NENA states that ``NSI phone donation programs have since
been supplanted by outright donations of devices and service by CMRS
providers, and by state and federal programs (such as the Universal
Service Fund-supported Lifeline program) that provide free or reduced-
cost mobile service to low-income or at-risk individuals.'' However,
NENA does not support ``overnight'' elimination of the 911 call-
forwarding requirement, proposing instead that the Commission should
phase out the requirement ``for devices and networks that no longer
support legacy circuit-switched calling.'' NENA clams that this would
``minimize stranded investments by carriers and consumers as carriers
transition to fully IP-based architectures such as LTE and consumers
transition to IP-only devices that no longer support circuit-switched
voice services.''
4. In light of NENA's revised view on the 911 call-forwarding
requirement, as well as the passage of time since the filing of
comments in response to the Notice of Inquiry, we seek to refresh the
record in this proceeding. In particular, we seek comment on whether
other interested parties agree or disagree with NENA's view that the
Commission should consider phasing out the call-forwarding requirement
as it applies to NSI devices. More generally, we seek comment on
relevant changes in industry, technology, regulation, public practice,
or otherwise that may have occurred since the earlier filing of
comments. We also ask commenters to point out any earlier-submitted
facts or analyses in the record that they now regard as outdated, and
to provide any new information that they consider relevant.
I. Procedural Matters
A. Ex Parte Presentations
5. This proceeding has been designated 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 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.
B. Comment Filing Procedures
6. 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. Parties may file comments on or before the dates
indicated on the first page of this document. Please place the docket
number PS DOCKET NO. 08-51 on all filings. Comments may be filed using
the Commission's Electronic Comment Filing System (ECFS). See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121,
May 1, 1998.
7. Electronic Filers: Comments may be filed electronically using
the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
8. 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.
9. 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.
10. 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. 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.
11. 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.
12. U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW., Washington, DC 20554.
13. People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to fcc504@fcc.gov or call the
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice) or
(202) 418-0432 (tty).
14. Copies of the Petition and any subsequently filed documents in
this matter are also available for inspection in the Commission's
Reference Information Center: 445 12th Street SW., CY-Level,
Washington, DC 20554, (202) 418-0270.
Federal Communications Commission.
David S. Turetsky,
Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2013-06814 Filed 3-29-13; 8:45 am]
BILLING CODE 6712-01-P