Disruptions to Communications, 45055-45068 [2016-16274]
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TEXAS—2010 SULFUR DIOXIDE NAAQS—Continued
[Primary]
Designation
Designated area
Date
Fort Bend County.
Goliad County, TX 1 ..................................................................................................................................
Goliad County.
Lamb County, TX 1 ...................................................................................................................................
Lamb County.
Limestone County, TX 2 ............................................................................................................................
Limestone County.
McLennan County, TX 2 ...........................................................................................................................
McLennan County, TX.
Robertson County, TX 2 ............................................................................................................................
Robertson County.
Type
9/12/16
Unclassifiable/Attainment.
9/12/16
Unclassifiable/Attainment.
9/12/16
Unclassifiable/Attainment.
9/12/16
Unclassifiable/Attainment.
9/12/16
Unclassifiable/Attainment.
1 Excludes
2 Includes
Indian country located in each area, if any, unless otherwise specified.
Indian country located in each area, if any, unless otherwise specified.
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25. Section 81.350 is amended by
revising the table entitled ‘‘Wisconsin—
■
2010 Sulfur Dioxide NAAQS (Primary)’’
to read as follows:
§ 81.350
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Wisconsin.
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WISCONSIN—2010 SULFUR DIOXIDE NAAQS
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Date
Rhinelander, WI 1 ......................................................................................................................................
Oneida County (part).
City of Rhinelander, Crescent Town, Newbold Town, Pine Lake Town, and Pelican Town.
Columbia County, WI 2 .............................................................................................................................
Columbia County.
Type
10/4/13
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9/12/16
Unclassifiable/Attainment.
1 Excludes
2 Includes
*
*
Indian country located in each area, if any, unless otherwise specified.
Indian country located in each area, if any, unless otherwise specified.
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[FR Doc. 2016–16348 Filed 7–11–16; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 4
[ET Docket No. 04–35; FCC 16–63]
Disruptions to Communications
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this Report and Order, the
Commission updates several of its
outage reporting metrics,
methodologies, and procedures for a
number of providers covered in the
Commission’s rules concerning
disruptions to communications and
directs the Public Safety and Homeland
Security Bureau (Bureau) to further
evaluate issues related to the sharing of
information from the Commission’s
Network Outage Reporting System
(NORS) with state and federal partners.
The Order on Reconsideration limits
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SUMMARY:
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outage reporting for events affecting
airports to outages that impact airport
critical communications, and exempts
satellite and terrestrial wireless carriers
from reporting outages affecting all
‘‘special offices and facilities.’’
DATES: The final rules are effective
August 11, 2016, except 47 CFR 4.5(b)
and (c), 4.7(d) and (e)(2), and 4.9 (a)(2),
the second sentence in paragraph (a)(4),
the second and sixth sentence in
paragraph (b), (e), (f)(2), and the second
sentence in paragraph (f)(4) which
contain new or modified information
collection requirements that have not
been approved by OMB. The Federal
Communications Commission will
publish a document in the Federal
Register announcing the effective date.
FOR FURTHER INFORMATION CONTACT:
Brenda D. Villanueva, Attorney Advisor,
Public Safety and Homeland Security
Bureau, (202) 418–7005 or
brenda.villanueva@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order and Order on
Reconsideration in PS Docket Nos. 11–
82 and 15–80 and ET Docket No. 04–35,
adopted on May 25, 2016, and released
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on May 26, 2016. The full text of this
document is available for public
inspection during regular business
hours in the FCC Reference Center,
Room CY–A257, 445 12th Street SW.,
Washington, DC 20554, or online at
https://apps.fcc.gov/edocs_public/
attachmatch/FCC-16-63A1.pdf. This
Order updates several of the
Commission’s outage reporting metrics,
methodologies, and procedures for a
number of providers covered under its
part 4 rules concerning disruptions to
communications and directs the Public
Safety and Homeland Security Bureau
(Bureau) to further evaluate issues
related to the sharing of information
from the Commission’s NORS program
with state and federal partners.
Synopsis of the Report and Order
I. Report and Order
1. Codified in part 4 of our rules,
outage reporting requirements support
our public safety goals by directing
providers to report network outages that
exceed specified magnitude and
duration thresholds. Outage data give
the Commission an overall picture of
communications network reliability that
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enables it to identify adverse trends. In
turn, the data enable Commission staff,
working closely with providers and
industry working groups, to understand
and address systemic vulnerabilities.
Such collaborative efforts have led to
measurable improvements in network
reliability and resiliency, and to the
formulation of policies to promote more
reliable and secure communications.
Moreover, outage reports, particularly in
the early stages of a communications
disruption, provide critical situational
awareness that enables the Commission
to be an effective participant in
emergency response and service
restoration efforts.
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A. Major Transport Facility Outages
1. Major Transport Facility Outage
Metric and Threshold
2. In 2004, the Commission required
outage reporting for communication
disruptions impacting major transport
facilities, specifically those with
significant traffic-carrying capacity,
such as DS3 circuits. The Commission
created a metric and threshold for this
outage reporting in standards defined in
impacts to DS3 circuits; specifically, the
Commission adopted DS3 as the base
metric and 1,350 DS3 minutes as the
reporting threshold. Since then, our part
4 rules require a covered provider to file
reports with the Commission in the
NORS online database when a DS3
circuit (or its equivalent) that it owns,
operates, leases, or otherwise utilizes,
experiences a communication
disruption that lasts for at least 30
minutes and meets the 1,350 DS3
minute threshold. When the
Commission originally adopted the part
4 rules, DS3 circuits were the ‘‘common
denominator,’’ that is, the standard
facility used in networks for major
traffic transport. Today, however,
providers use larger, fiber facilities for
major traffic transport, and thus have
decreased their use of DS3 circuits. This
shift has rendered the DS3-based
reporting metric and the corresponding
1,350 DS3 minute threshold obsolete
and unhelpful for outage analysis. This
is borne out by the past ten years’ NORS
data, which show a marked increase in
reported DS3 standard-based incidents
that involve only minor disruptions that
are unlikely to have any significant
communications impact or jeopardize
public safety. In the same period, the
industry has broadly adopted OC3 as
the predominate architecture for major
transport facilities.
3. Accordingly, in the Notice, we
proposed to change the base major
transport facility outage reporting metric
from DS3 to OC3, to preserve our near-
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and medium-term ability to obtain
critical information to analyze
communications network reliability. We
also proposed a corresponding reporting
threshold shift from DS3 minutes to
OC3 minutes. Finally, we proposed
language to ensure inclusion of other
transport facilities beyond OC3, i.e.,
‘‘other circuits or aggregations of
circuits that provide equal or greater
capacity.’’ To effectuate that
technologically neutral objective, we
proposed to adjust the number of OC3
minutes based on some measure of
equivalency to the current 900,000 userminute threshold for voice-grade users,
which we posited as 667 OC3 minutes.
Despite suggestions to move our metric
to OC12 or higher, we find that OC3
gives us the right amount of visibility
into customer access circuits that may
not be captured by a metric above OC3.
4. The record reflects strong support
for adjusting the major transport facility
outage metric and threshold as we
proposed in the Notice. Several
commenters agree that major transport
traffic now takes place more on fiber
than on DS3 circuits. Many commenters
also acknowledge that changing the
standard as proposed will give the
Commission information on significant
outages that are more likely to have a
material impact on users. Indeed,
commenters predict that the change
from DS3 to OC (whether at OC3 or
above) will enhance outage reporting
efficiency and reduce reporting burdens
while also ensuring that the rules
continue to target high-capacity
facilities and track major outage events
that have a material impact on users.
Commenters also agree that changing
the standard from a DS3 basis to a
higher capacity level basis will reduce
the number of outage reports required
for relatively minor incidents.
5. Despite broad support that the
major transport facility outage reporting
metric should change from a DS3 to a
higher capacity, those supporting the
change do not agree on what that
specific capacity level should be.
Several commenters share our view that
the new metric should be based on
OC3—where the threshold would be
667 OC3 minutes. Others, however,
propose alternative metrics and
thresholds. For example, some
commenters suggest OC12 (or similarly
high capacity level) as the appropriate
standard because, in their view, it more
properly reflects the past decade’s
network technology advancements than
OC3. Others, like CenturyLink, push for
an even higher metric, e.g., OC48 or
OC192.
6. AT&T, on the other hand,
recommends an OC12-based metric, and
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further proposes to measure the
transport facility’s ‘‘working’’ capacity,
as opposed to our current measure of
‘‘failed’’ capacity, as the appropriate
standard for reporting. In support of its
working capacity proposal, AT&T
explains that OC3 circuits are usually
on its network edge (e.g., enterprise
local loop and access services), and thus
it argues that an OC3 metric would
provide little insight on outages
affecting the core of the network.
Ultimately, AT&T proposes the
elimination of major transport facility
outage reporting altogether, and
advocates instead that the Commission
focus on events that impact customer
service, such as ‘‘end office isolations,
SS7 isolations, call blockages, and E911
failures.’’ AT&T maintains that in
proposing a new metric and threshold,
we miss an opportunity to conduct a
comprehensive review of the
information that will ‘‘best apprise [the
Commission] of the overall health of the
nation’s networks,’’ and, that failed
transport capacity is an inadequate
metric because it does not necessarily
reveal the effect on customers’ service or
provide an accurate portrayal of
network health.
7. Comcast proposes to abandon a
time-division multiplexing (TDM)-based
metric and advocates using a
bandwidth-based metric instead.
Comcast advocates for the adoption of a
‘‘bandwidth-based standard, such as
1GB outage that lasts for at least 30
minutes.’’ Comcast further suggests that
its approach can accommodate future
changes more readily than a TDM-based
standard. Verizon disagrees, arguing
that more study is needed to ensure
Comcast’s platform-shift approach
would capture a ‘‘genuine outage or
significant degradation of service,’’ and
‘‘apply on a cross-platform basis.’’
8. We adopt our proposals to (i)
change the metric and threshold for
major facility outages from a DS3-based
to an OC3-based metric, and (ii) adjust
the threshold to 667 OC3 user minutes
accordingly. There is substantial record
support for moving our metric to a
standard based on higher capacity levels
(e.g., to OC3 or higher). These changes
update our major transport facility
reporting to reflect prevalent
technological changes in networks, and
do so in a logical and technologically
neutral manner. Compliance with this
revised metric shall begin no later than
6 months after the Effective Date of the
rules.
9. Moreover, multiple commenters
agree that providers have been moving
a majority of their traffic onto larger
fiber facilities, a trend that is likely to
continue. Thus, although a DS3-based
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metric may have been the right standard
for 2004’s predominant technology for
major transport, it is no longer
appropriate. At this time, adjusting the
metric to OC3 will streamline the
reporting in general, a benefit both to
providers and the Commission alike
through reduced reporting of minor
incidents, allowing time and resources
for an increased focus on meaningful
outage reporting that is more likely to
have a user material impact.
10. At this time, we are not persuaded
by those commenters who advocate for
a higher OC level. An OC3-based metric
will generate the visibility into the
network components that an OC12based metric may not, as it would
capture access circuit outages for
business customers. Setting a metric at
OC12 would provide the Commission
with limited, inadequate visibility into
major transport facility infrastructure
and related outages, i.e., those beyond
the network core. Further, we recognize
that some networks may utilize OC3
circuits as access circuits and others
may utilize them for interoffice facility
traffic, and so an OC3-based metric may
not provide the same degree of visibility
into operational health for all providers’
networks. Nevertheless, we believe that
basing our outage reporting
requirements at the OC3 level ‘‘or their
equivalents’’ as proposed in the Notice
captures the important communication
disruptions in networks large and small,
regardless of providers’ OC3 circuit
usage. Moreover, an OC3 metric allows
the Commission to better focus on
outage trends that may uniquely affect
small and medium-sized businesses,
whose traffic is often transported over
OC3 facilities. Therefore, we adopt an
OC3 metric for major facility outages.
11. In doing so, we affirm the
importance of an independent outage
reporting requirement for major
transport facility failures. Through the
collected information on the ‘‘potential
impact on all communications services
of major infrastructure failures,’’
specifically information about
‘‘infrastructure components having
significant traffic-carrying capacity,’’ as
the part 4 rules were intended to
capture, our work has led to increased
collaborative efforts with providers and
a more efficient mitigation of outage
trends. AT&T’s proposal to eliminate
major transport facility reporting
requirements assumes that (1) our
900,000 user-minute threshold captures
the same visibility of major transport
facilities as our current DS3 metric and
threshold, and that (2) providers only
use OC3 circuits as access circuits to
conclude that the adoption of our
proposal would lead to duplicative
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reporting. While a few communication
disruptions may be reportable outages
because they meet both thresholds
(900,000 user minutes; 1,350 DS3
minutes), by having the two metrics and
thresholds we capture outages caused
by switch failures or major transport
equipment failures. Therefore, if we
eliminated the major transport outage
reporting, we would likely miss
communication disruptions experienced
in interoffice transport facilities.
Moreover, while some providers, such
as AT&T, may use OC3 circuits as
access circuits, other providers may
design their networks differently and
some customers, like small and
medium-sized businesses may be
uniquely impacted at the OC3 level. To
address networks designed like AT&T’s,
the rules adopted today capture
communication disruptions experienced
in higher capacity levels than OC3, by
defining OC3 minutes using OC3 ‘‘or
their equivalents.’’
12. The adoption of the OC3 metric
ensures an appropriate level of
Commission visibility into the
resiliency and reliability of critical
infrastructure presently—and for at least
the near-to-medium term—in use in
communications networks for major
traffic transport. Such visibility,
adjusted to the OC3 level, is an essential
component of the Commission’s
network reliability and public safety
duties. Thus, we decline proposals to
eliminate major transport facility outage
reporting.
13. Finally, two commenters suggest
alternative proposals, neither of which
provides the needed visibility into the
nation’s networks for the Commission to
ensure communications are reliable and
resilient. AT&T’s ‘‘working capacity’’
proposal would use a measure such as
‘‘the percentage of the circuit dedicated
to voice channels.’’ It would thus
require providers to assess whether and
when to give the Commission the major
transport facility outage reports it needs.
Our current requirements give clear
direction: once a DS3 circuit
experiences a communication
disruption for at least 1,350 DS3
minutes and lasts for at least 30
minutes, the provider must report the
outage accordingly. As announced in
2004, we continue to believe that ‘‘our
concern is the failure of working DS3s
regardless of the services being carried
or the fill at the time of the failure.’’
Significantly, AT&T’s ‘‘working
capacity’’ proposal would generate
burdens on providers by imposing
measurement mechanisms based on a
working capacity metric that, as an
initial step, would require the provider
to identify the percentage of the circuit
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dedicated to voice channels. It remains
unclear whether other providers can
measure working capacity on their
facilities at this time, or the costs
involved with such monitoring. It is also
unclear how AT&T’s proposal applies in
the legacy or the transition network
contexts. Further, AT&T’s proposal
would constitute a shift that does not
comport with the logic of outage
reporting, which necessarily focuses on
what does not work, instead of what
does work. Accordingly, we reject
AT&T’s ‘‘working capacity’’ proposal.
14. Comcast proposes a bandwidthbased standard for major transport
facility outages, as described above. The
proposal requires further study and
therefore cannot be the basis to change
our metric and threshold for major
transport facility outage reporting at this
time. We agree with Comcast that data
traffic makes up an increasingly large
part of bandwidth needs for transport
services. We also note that we are in a
state of transition from TDM to IP. This
state of transition requires reporting
requirements that are sufficient to
capture outages in both TDM and IP
networks, including specifically those
outages impacting physical facilities
and network components (e.g., copper
and fiber cables, networking switches
and routers). We also believe that the
successful and reliable delivery of IPbased services and applications (e.g.,
email) is important. The OC3 metric and
667 OC3 minute threshold adopted
today address outages in major transport
facilities carried through TDM-based
and SONET facilities. We nevertheless
find that Comcast’s proposal has merit
and seek further input on broadband
reporting thresholds in the related
Further Notice. Therefore, we decline to
adopt Comcast’s proposal for a
bandwidth-based standard for reporting
at this time.
2. Simplex Outage Reporting
15. Under our current rules, providers
must file reports for simplex event
outages lasting five days or more. A
simplex event occurs when a DS3
circuit, designed with multiple paths to
provide circuit resiliency, experiences a
failure on one working path. In the
Notice, we proposed to shorten the
reporting window for simplex events to
48 hours. As we explained, in recent
years the Commission has noticed an
uptick in simplex outage reports, which
suggests that our expectations that
providers would implement best
practices for resolving such events when
we established the five-day reporting
window were not met. Thus, in the
Notice, we concluded that our proposed
48-hour window would ensure that
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providers properly prioritize service
maintenance and restoration in the
event of simplex outages.
16. Most commenters oppose our
proposal to reduce the reporting
window from five days to 48 hours.
Several commenters argue that factors
such as weather, other hazardous
conditions, or the complexity of repair
tasks could render a 48-hour target
unattainable in many cases. Other
commenters claim that a 48-hour
window would unnecessarily increase
reporting burdens as well as compliance
costs without corresponding benefits.
Some commenters maintain that, rather
than tighten the window, the
Commission should eliminate outage
reporting for simplex events entirety.
And, although Verizon supports the
status quo, it argues that a three-day
threshold would be preferable to a 48hour threshold as a way to better
accommodate service providers’
practices and technician maintenance
and work schedules.
17. We conclude that simplex outage
reporting remains an important part of
the situational awareness matrix that
NORS provides. The Commission has a
responsibility to ensure network
reliability and resiliency, including in
major transport facilities designed with
a built-in path protection. Over the
years, we have observed a rise in
simplex event outage reports as the rule
stands now with the five-day reporting
window, which appears to indicate that
providers filing these reports are not
able to repair the simplex events in a
period less than five days.
18. We are persuaded by the record,
however, that moving the reporting
window from five days to 48 hours may
not strike the proper balance between
providers’ best practice-driven repair
and maintenance capabilities and
incentives, and the Commission’s
situational awareness needs and
network reliability-assurance goals
through simplex event outage reports.
We acknowledge, as some commenters
argue, that factors such as weather or
hazardous conditions impact service
repair. We cannot, however, ignore that
extended simplex events jeopardize
service reliability.
19. Accordingly, we adopt a four-day
interval for simplex outage reports.
Further, compliance with this revised
interval shall begin no later than six (6)
months after OMB approval. In this
regard, we reject proposals by some
commenters to maintain the current
five-day window, which we view as
inadequate to incent timely repair, and
we reject those calls for eliminating
simplex reporting altogether. The
Commission has a responsibility to
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ensure network reliability and
resiliency, including in major transport
facilities designed with built-in path
protection, and simplex reporting is a
needed and helpful tool used to meet
this responsibility.
20. Currently, we require that
providers report simplex events lasting
longer than 5 days; we have not
required reports for events repaired
within five days. A provider may
experience a short simplex event,
conduct necessary repairs within five
days and not be obligated to report the
event under part 4. We no longer believe
that our five-day reporting window for
simplex outages is an adequate
measurement tool to ensure network
reliability and resiliency. The four-day
reporting window that we adopt today
is designed to alert the Commission to
trends that include significant outages,
while also accommodating Verizon’s
suggested need for providing a
reasonable amount of time to address
the outages before the reporting
threshold is met.
B. Wireless Outage Reporting
1. Calculating the Number of Potentially
Affected Users in Wireless Outages
21. To determine if a wireless network
outage is reportable based on meeting
the 900,000 user-minute threshold, a
wireless service provider must calculate
the number of users ‘‘potentially
affected’’ by the outage. Pursuant to
Sections 4.7(e) and 4.9(e), providers
should perform the calculation ‘‘by
multiplying the simultaneous call
capacity of the affected equipment by a
concentration ratio of 8.’’ This call
capacity measurement is typically
undertaken at the mobile switching
center (MSC). As wireless technologies
have evolved, however, providers have
made different technological and
engineering choices, resulting in a
variety of methods by which they
measure simultaneous call capacity.
These developments have led to a lack
of methodological consistency among
providers in reporting outages. Such
inconsistencies compromise the
Commission’s ability to detect and
analyze wireless network outage trends.
22. We proposed in the Notice to
adopt a more standardized,
technologically neutral method for
calculating the number of users
‘‘potentially affected’’ by a wireless
network outage. Under the first
approach, wireless providers would
calculate potentially affected users by
multiplying the number of disabled cell
sites by the average number of users the
provider serves per site. Under the
second approach, providers would use
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the Visitor Location Register (VLR) to
determine the actual number of users
that were being served at each affected
cell site when the outage commenced.
23. The majority of commenters
support our proposal to adopt a more
standardized method for wireless
providers to calculate the number of
users ‘‘potentially affected’’ by an
outage. While ATIS appreciates our
goal, it does recommend that wireless
providers should be allowed to pick the
method they want to use. CCA opposes
the proposal on the basis that it would
create two separate metrics, one for
Public Safety Answering Point (PSAP)
outages and the other for all other
outages, which would complicate
outage reporting or impose
administrative burdens on carriers,
particularly smaller carriers with
limited staff support.
24. The majority of commenters also
support adopting the first approach to
calculating potentially affected users—
multiplying the number of disabled sites
by the average number of users per site.
Commenters universally oppose the
VLR option for determining the number
of potentially affected users in a
wireless outage. Several commenters
assert the use of the VLR makes the
calculation more complex, would
potentially be costly to implement, and
would likely lead to potentially
inconsistent reporting. Many
commenters also point out that the VLR
is being phased out, as wireless
technology advances.
25. We believe that a more
standardized, technologically neutral
method for calculating the number of
‘‘potentially affected’’ users for wireless
network outages is critically important
to ensure consistency in reporting
across providers, regardless of the
technological differences in their
networks, and that such consistent
reporting will enhance our situational
awareness through more uniform,
accurate, and reliable NORS data. To
accomplish these aims, we adopt the
first of our proposed approaches: to
determine if an outage meets the
900,000 user-minute threshold, a
wireless provider must multiply the
number of macro cell sites disabled in
the outage by the average number of
users served per site, which is
calculated as the total number of users
for the provider divided by the total
number of the provider’s macro cell
sites. For purposes of this calculation,
wireless providers should include only
traditional cell tower deployments, i.e.,
macro cell sites, and not small cell sites
(e.g., femto-cells, pico-cells, and microcells) or other wireless architecture (e.g.,
Wi-Fi, Distributed Antenna Systems).
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Compliance with this revised
methodology shall begin no later than
nine (9) months after the Effective Date
of the rules.
26. We agree with commenters that
this approach is simpler than the
current measurement and can be
implemented at little to no additional
cost. This simplicity of measurement
and implementation promotes
consistent outage reporting that should
facilitate accurate analysis of the NORS
data we receive. Conversely, as several
commenters noted, using data from the
VLR (i.e., the second approach) would
be costly to implement, less likely to
provide consistent data among
providers and, in any event, would be
less useful over time because the VLR
itself is currently being phased out.
27. Given that the method we adopt
is relatively straight-forward for carriers
to calculate and will result in uniform,
consistent reporting, we disagree with
ATIS that wireless providers should be
allowed to pick the method they want
to use. Such an approach would lead to
inconsistent data among providers,
thwarting the very goal of adopting the
new metric. Also, given that we believe,
and providers tend to agree, that the
new method will be easy to implement,
we disagree with CCA that
implementing a new, uniform method
for calculating the number of
‘‘potentially affected’’ users with
wireless outages would complicate
outage reporting or impose
administrative burdens on carriers,
particularly smaller carriers with
limited staff support. Although we are
sympathetic to CCA’s concern that
wireless providers will have to use one
calculation for wireless outages
generally and another for those affecting
PSAPs, the scenarios are different and
warrant different treatment. One
calculation ensures the Commission has
situational awareness of network health
holistically, while the other provides
direct public safety/emergency
preparedness awareness through 911specific outage reporting. We intend to
monitor the need to revisit this
reporting scheme based on experience,
as small cells become capable of
covering more capacity.
28. Finally, we note that Verizon and
T-Mobile each propose alternatives that
depart from using the ‘‘user-minutes’’
standard. Verizon suggests simply
notifying the Commission whenever 30
macro cell sites go out in a particular
geographic area, such as a Cellular
Market Area (CMA) or Partial Economic
Area (PEA). We believe the approach we
adopt effectively achieves Verizon’s
simplicity objectives through per-cell
site reporting, maintaining the user-
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minute reporting standard common
across various platforms (wireless,
wireline, VoIP, satellite, etc.). Moreover,
Verizon’s threshold of 30 cell sites
within a CMA or PEA would not cover
many—if not most—rural areas. TMobile advocates allowing carriers to
measure outages ‘‘using real-time data
where technically feasible,’’ and when it
is not feasible, to use the approach we
adopt herein. We are concerned that, too
often, such data will not be available,
which will result in only a few carriers
reporting using this data, resulting in
the kind of reporting inconsistency we
seek to avoid.
2. Calculating the Number of Potentially
Affected Wireless Users for Wireless
Outages Affecting a PSAP
29. Under our rules, wireless service
providers must report any outage of at
least 30 minutes duration that
‘‘potentially affects’’ a 911 special
facility (i.e., PSAP). An outage
potentially affects a 911 special facility
whenever, among other things, there is
a loss of communications to a PSAP
potentially affecting at least 900,000
user minutes. Shortly after the
Commission adopted part 4, Sprint
asked for clarification of this
requirement when a wireless outage
affects only some of the subtending
PSAPs. Specifically, Sprint proposed
that wireless providers be able to
allocate the users covered by the MSC
equally among the number of
subtending PSAPs affected by the
outage.
30. Sprint’s proposed method of
allocation, however, does not take into
account the fact that PSAPs vary greatly
in the number of users served.
Therefore, in the Notice we proposed
that wireless providers can allocate
capacity when only one subtending
PSAP is affected, but if they do, they
must do so in reasonable proportion to
the size of the PSAP in terms of number
of users served. As we stated in the
Notice, this calculation method is
consistent with what we observe to be
the current reporting practice of most
providers. Several commenters support
our proposal to allocate capacity to each
subtending PSAP in reasonable
proportion to its size in terms of number
of users served.
31. We adopt our proposal and allow
wireless providers to allocate capacity
when an outage only affects some
PSAPs served by an MSC, so long as the
allocation is done in reasonable
proportion to the size of the subtending
PSAP(s) in terms of number of users. As
noted by the California Public Utilities
Commission (CPUC), PSAPs vary greatly
in size nationwide, and allocating
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capacity to subtending PSAPs will limit
reporting to those significant outages
that potentially impact public safety and
for which the rules are intended. In
determining the number of potentially
affected users served by a PSAP,
providers can use various sources for
the data so long as the method they
choose provides a reasonable estimate of
the relative size of the PSAP and can be
occasionally updated. Reasonable
estimates could be based on but are not
limited to the following sources: the
subtending PSAPs’ relative size
determined by using the number of 911
calls sent to the PSAP on a historical
basis; the number of 911 calls to each
PSAP during the outage (if available in
real time); or the population served by
each PSAP determined either through
subjective data or extrapolated from
census or other objective data sources
that would be relied upon by a
population statistician. Any of these
methods should account for the relative
size of the PSAP affected by the outage.
Compliance with this revised allocation
standard shall begin no later than nine
(9) months after the Effective Date of
this requirement.
32. We decline to adopt an across-theboard allocation standard, such as
Sprint apparently suggests; however,
providers may use the Sprint allocation
approach or an alternate method that
provides a reasonable estimate of the
relative size of the PSAP. Providers
must inform the Commission, in
writing, of the approach they are using
via the first NORS filing in which they
are reporting data based on their
approach. While Sprint’s approach may
be simple to calculate, dividing simply
by the number of subtending PSAPs
would not capture the significance of
the outage. Only by allocating capacity
based on the size of the PSAP will the
estimate reflect an accurate picture of
the size of the outage. We recognize, as
ATIS and CTIA note, PSAP boundaries
can fluctuate and the number of users
allocated to the PSAP may change.
Based on our experience dealing with
PSAPs on a regular basis, we do not
anticipate that these fluctuations will be
significant or occur frequently, although
the Commission would revisit this issue
in the future if necessary. So long as the
method reasonably captures the relative
size of PSAPs, the method of allocation
will be acceptable and, to the extent that
it is needed, providers can work with
Commission staff informally for further
guidance.
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C. Call Failures—Reporting on Outages
That Significantly Degrade
Communications to PSAPs
33. On January 26, 2011, a significant
snow and ice storm hit the Washington,
DC metropolitan area, causing
widespread problems for all affected
counties and cities in a several hundred
mile swath from central Virginia
through Baltimore, Maryland. These
problems included the failure of roughly
10,000 wireless 911 calls carried over a
major wireless provider’s network to
reach PSAPs in Montgomery and Prince
George’s Counties, Maryland. The
provider did not report these outages,
nor the problem(s) that caused them, to
either the Commission or to affected
PSAPs.
34. Inquiry into the outages revealed
the root cause: cascading, ‘‘wink’’
failures of the Centralized Automatic
Message Accounting (CAMA) trunks
used in the provider’s 911 network
architecture. ‘‘Wink’’ failures occur
when a selective router attempts to
deliver a 911 call to a PSAP over an idle
trunk, but the hand-off protocol between
the router and the PSAP (the ‘‘wink’’)
ultimately fails. More specifically, this
means that the PSAP’s customer
premises equipment (CPE) fails to
communicate to the selective router that
it is ‘‘off-hook’’, i.e., open and able to
receive ANI and ALI information
associated with the 911 call. This can
occur when the CPE fails to recognize
quickly enough that a 911 caller has
disconnected—i.e., that an ‘‘on-hook’’
condition has become an ‘‘off-hook’’
one—and, thus, that that a new 911 call
can be received (‘‘seized’’). The result is
a miscommunication that that particular
trunk is unavailable to receive a call
from the 911 selective router (a ‘‘nowink’’ failure), which then pushes the
call to the next best available trunk. If
a call is re-presented to the original
trunk that had the no-wink failure (as is
common in heavy call volume periods)
and the same problem occurs (a ‘‘double
wink’’ failure), the 911 selective router
will stop attempting to deliver calls via
that trunk. If a heavy call volume event
persists, the problem can cascade to all
trunks serving a PSAP, leading to
reduced, or total loss of, call-handling
capacity within the trunk groups serving
a particular PSAP. CAMA trunk
arrangements are commonly used in
legacy wireline network architecture for
911 call delivery, so the ‘‘wink’’ failures
during the January 2011 storm are not
specific to the provider’s network trunk
arrangements.
35. In the Notice, the Commission
proposed to codify in part 4 how to
address this situation, and asked
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commenters to discuss specific rules
proposed toward that end. Specifically,
we sought comment on whether to
amend Section 4.5(e)(1) to specify when
‘‘degradation of communications to a
PSAP constitutes a reportable outage’’
under part 4. By doing so, we rejected
the notion that PSAP-related outages
need only be reported ‘‘when a PSAP is
rendered unable to receive any 911 calls
for a long enough period to meet the
reporting threshold.’’ We proposed
revising Section 4.5(e)(1) to provide that
‘‘any network malfunction or higherlevel issue that significantly degrades or
prevents 911 calls from being completed
constitutes a ‘loss of communications to
PSAP(s),’ regardless of whether the
PSAP is rendered completely unable to
receive 911 calls.’’
36. Many public safety, state, and
carrier commenters agree that the
Commission should specify the
circumstances under which a ‘‘loss of
communications’’ to PSAPs rises to the
level of ‘‘significant degradation’’ such
that it would be reportable under part 4.
APCO advises that ‘‘knowledge of a
significant degradation of service short
of a complete failure is of high value to
PSAPs and emergency managers,’’ a
sentiment echoed by NASNA, which
believes that ‘‘it should not matter’’
whether a PSAP has suffered a complete
or only a partial loss of ability to receive
911 calls.
37. Comcast, CenturyLink and XO
Communications do not oppose such an
approach, so long as the Commission (i)
does not require reporting when rerouting is available for all calls to
PSAPs, (ii) requires reporting only when
an outage that meets the 30 minute/
900,000 user minutes threshold
‘‘actually’’ impacts emergency call
handling or completion, and (iii) gives
providers sufficient lead time to make
the necessary adjustments to ensure
compliance (e.g., through properly
configuring alarms on trunks, etc.).
38. On the other hand, wireless
providers are largely opposed to the
proposal to include ‘‘loss of
communications’’ to PSAPs under
Section 4.5(e). Sprint opposes the
proposed rules on the grounds that
‘‘CMRS providers do not have visibility
into PSAP facilities on the PSAP side of
the point of demarcation, so CMRS
providers would not be able to report on
whether a PSAP is experiencing an
issue that significantly degrades or
prevents 9–1–1 calls from being
completed.’’ Several providers maintain
that part 4 reports should only be
required where a PSAP is completely
unable to receive 911 calls.
39. Part 4’s purpose is to collect
information on ‘‘service disruptions that
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could affect homeland security, public
health or safety.’’ To meet this goal, the
rules must include the kinds of 911 callimpacting trunk failures at issue in the
January 2011 DC area storm. Indeed,
subsequent work done by the
Commission (and, eventually, by
`
industry vis-a-vis ATIS) to identify,
study and develop solutions to the
CAMA trunk failures is a model of what
could—and should—have happened
under part 4: A ‘‘systematic analysis of
the conditions that le[d] to [significant
communications] degradations [that]
help[ed] reveal potential solutions.’’ The
ability to analyze, develop solutions,
and work with providers to implement
those solutions enhances public safety.
40. With respect to 911-related
outages, our rules are quantitative and
qualitative in scope and application,
and define reportable outages both in
terms of total connectivity failure and
qualitative failures. Consistent with that
approach, we adopt the proposal in the
Notice to specify that a ‘‘loss of
communications’’ should trigger part 4
reporting obligations in the same way as
a ‘‘network malfunction or higher-level
issue that significantly degrades or
prevents 911 calls from being completed
to PSAPs.’’ We provide that a ‘‘loss of
communications’’ occurs when at least
80 percent of a 911 service provider’s
trunks serving a PSAP (i.e., trunks over
which the 911 service provider has
control) become impaired to the point
that they cannot support 911 call
delivery in accordance with the
Commission’s rules, including the
information typically delivered with
911 calls. In other words, a 911 service
provider would not need to report when
80 percent of its trunks go down if the
remaining 20 percent could support
delivery of 911 calls, including the
number and location information, but it
must report if not all 911 traffic can be
re-routed, or if the re-routed traffic
cannot be delivered without stripping it
of number or location information. We
disagree with Comcast that the
Commission must further define
‘‘impairment’’ of a 911 call for service
providers to comply with the reporting
rules. Moreover, this approach
maintains the thrust of the rule as
currently written: If sufficient re-routing
is available for all affected 911 calls and
no necessary information is stripped
from those calls, then providers are not
required to report to the Commission,
irrespective of the percentage of
available trunk capacity.
41. We find this to be a clear,
objective metric about which 911
service providers would ‘‘become
reasonably aware pursuant to normal
business practices,’’ such as the
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installation and monitoring of trunk
alarms. We do not intend to list, define,
or otherwise impose particular
compliance solutions for providers,
consistent with the Commission’s longstanding practice of deferring to
network service providers in the design
and engineering of their networks.
Trunk alarms are already ubiquitous as
a network reliability ‘‘best practice,’’
and would presumably enable providers
to determine when the 80 percent
threshold is approaching or is reached
in a given event. We acknowledge
Sprint and Verizon’s comments about
needing visibility into trunks to know
when a ‘‘loss in communications’’
occurs, but we note that this rule
applies to 911 service providers, which,
by definition, do have visibility into
such trunks. We also believe that this
metric strikes a fair balance between
proposals from the public safety
community who believe the bar should
be set as low as possible and include
even non-critical outages, and 911
service providers who want only to
report in instances of complete 911 call
failure across all trunks (which would
not include the January 2011 incident
described above).
42. We also agree with CenturyLink
that an 80 percent threshold will not be
overly burdensome so long as providers
are given the lead time necessary to
manage the costs of solution
development and implementation
needed for their particular networks. To
allow time for compliance with other
911-related Commission requirements,
CenturyLink initially proposed a oneyear implementation deadline for this
requirement. We recognize that some
providers will be able to move faster
and achieve compliance well before one
year, given present or scheduled
investments in necessary facilities, but
others will need more time to comply
with the requirements. Further, we note
that providers have had ample time to
comply with the requirements
underlying CenturyLink’s concern, but
we nevertheless feel a one-year
implementation timeframe is
appropriate to allow flexibility for
smaller carriers. Thus, because it does
not interfere with other part 4 reporting
requirements, we find that a one-year
implementation timeframe should be
sufficient for both small and large
providers to achieve compliance, and
incorporate that timeframe into our
rules. Accordingly, compliance with
this revised metric shall begin no later
than one year after OMB approval.
43. Finally, we disagree with CTIA’s
argument that our concerns are
‘‘speculative’’: The 10,000 911 call
failures associated with the January
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2011 DC area storm had a significant
real world impact but was nevertheless
deemed non-reportable by a licensee.
Nor do we believe our proposals are
‘‘unworkable’’: 911 service providers
should reasonably be expected to have
adequate visibility into PSAP trunk
failure.
D. Special Offices and Facilities
1. Identifying Special Offices and
Facilities
44. A major underlying goal of outage
reporting generally, and for reporting on
‘‘special offices and facilities’’ in
particular, is for the Federal
government—including Federal
government users—to have situational
awareness of events that impact
homeland security and the nation’s
economic well-being. When the
Commission adopted rules in 2004, the
Commission deferred to the National
Communications System (NCS) to
determine which facilities would be
considered major military installations
or key government facilities, and would,
under certain conditions, report
‘‘mission-affecting outages’’ to the NCS.
The NCS would in turn forward reports
of those outages to the Commission.
However, the NCS was dissolved in
2012. Accordingly, in the Notice, the
Commission sought comment on how it
should thereafter identify ‘‘special
offices and facilities’’ for part 4.
45. We note that reporting
requirements applicable to ‘‘special
offices and facilities’’ have been an
integral part of part 4 since the rules’
adoption in 2004. As it relates to
covered airports, the rules stated that all
outages lasting 30 minutes or longer that
‘‘potentially affect communications’’
must be reported, and that ‘‘missionaffecting outages’’ to certain government
facilities and military installations (as
determined by NCS) also were covered
by part 4.
46. We proposed to classify as
‘‘special offices and facilities’’ those
facilities enrolled in or eligible for the
Telecommunications Service Priority
(TSP) Program, which prioritizes the
restoration and provisioning of circuits
used by entities with National Security/
Emergency Preparedness (NS/EP)
responsibilities and duties. We also
asked whether there were alternative
classification frameworks that would be
more suitable, including broadening the
scope of the definition of ‘‘special
offices and facilities’’ to include those
facilities that are guaranteed priority
restoration under ‘‘TSP-like’’ provisions
in service-level agreements. We
concluded by requesting comment on
our assumption that redefining the term
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‘‘special offices and facilities’’ to
include some variant of TSP-enrolled
and/or-eligible facilities would not have
an appreciable cost impact.
47. Comments on our ‘‘special offices
and facilities’’ classification proposal
range from a call to eliminate reporting
all together, to multiple alternatives for
identifying the subject facilities. Most
commenters who oppose the special
facilities reporting proposal (to include
all TSP enrollees and eligible
participants) feel that it would subject
too many entities to the rules, without
a corresponding increase in public
safety or situational awareness; would
needlessly divert a provider’s resources
to tracking down and tagging circuits;
and would require providers to identify
tens of thousands of new, potentially
TSP-eligible parties.
48. Many commenters express
support for our proposal so long as the
Commission limits applicability of the
rules to entities that are (1) enrolled in
the TSP program, and (2) only those
designated at the highest TSP priority
levels (i.e., Levels 1 and 2). In its
comments, Comcast suggests that the
Commission include, in any new or
amended rule, only those TSP
participants that constitute ‘‘major
military installations’’ or ‘‘key
government facilities’’ as ‘‘special
offices and facilities:’’
For the most part, such entities will be those
enrolled in TSP priority Level 1 or Level 2.
Extending the definition to all entities that
are enrolled in the TSP program, irrespective
of priority level, would flood the
Commission with reports related to outages
that do not actually impact a ‘‘special office
or facility.’’ Although such offices and
facilities unquestionably are important and
should be part of the TSP program, reporting
outages that affect such facilities, rather than
‘‘major military installations’’ or ‘‘key
government facilities,’’ risks obfuscating truly
critical outages.
49. As a preliminary matter, we reject
comments suggesting the ‘‘special
offices and facilities’’ reporting rule
itself is outdated and ought to be
eliminated altogether. Under the rules
that have been in place since 2004,
neither the NCS nor its member
agencies appear to have followed the
applicable portions of Sections 4.5 (on
self-identification as a ‘‘special office or
facility’’) and 4.13 (on member agencies
reporting qualifying outages to the NCS,
and NCS using its discretion to forward
those outage reports to the
Commission), so that previous ‘‘special
offices and facilities’’ formula did not
work as the Commission intended. We
do not believe, however, that this fact in
and of itself signifies that reporting
outages at special offices and facilities is
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not useful. Rather, we should fix the
rule, not eliminate it, to facilitate its
original goals. Reporting on ‘‘special
offices and facilities’’ (as amended) is an
important component in our efforts to
promote public safety.
50. Today, we characterize ‘‘special
offices and facilities’’ as those enrolled
in Levels 1 or 2 of the TSP program. To
close the significant reporting gap on
special offices and facilities, we
proposed initially to classify all
facilities enrolled in, or eligible for, the
TSP program as ‘‘special offices and
facilities’’ for part 4 reporting purposes.
As we observed in the Notice, the TSP
program prioritizes the restoration and
provisioning of circuits used by entities
with NS/EP responsibilities and duties
and comprises five priority levels, with
Levels 1 and 2 reserved for critical
national security and military
communications and the remaining
levels dedicated to the protection of
public safety and health and the
continued functioning of the economy.
As the Bureau previously has noted,
‘‘[v]ery few circuits receive a TSP
priority Level 1 or Level 2 assignment.’’
Compliance with this requirement shall
begin no later than eighteen (18) months
after OMB approval.
51. We believe that outages affecting
highest-priority TSP enrollees (i.e.,
Levels 1 and 2) are the types of outages
for which we must have situational
awareness; the communication security
of TSP enrollees affects our nation’s
security leadership and posture, its
public safety and public health, and our
national economic system, and the
Commission must be aware of any
trends, through NORS analysis, that
relate to certain TSP enrollees. As
commenters note, were we to adopt a
formula to cover all entities that were
either enrolled or eligible to be enrolled
in the TSP program, the number of
reportable events would overwhelm
both the covered parties and available
Commission resources, with no
concomitant increase in public safety or
national security. Even to include
parties that are enrolled at all priority
levels in the program would have posed
significant challenges. Thus, we believe
limiting coverage to only Levels 1 and
2 strikes an appropriate balance
between the untenable position of
eliminating any rules applicable to
‘‘special offices and facilities,’’ and
extending the rules to all entities that
are enrolled or eligible to be enrolled in
the TSP program at any of the five
priority levels, which we concede could
incur a significant cost for a minimal
benefit. We find that limiting our rule to
Levels 1 and 2 will not present
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widespread technical, administrative, or
financial burdens to covered parties.
2. Section 4.13
52. Section 4.13 directs special offices
and facilities to report outages to the
now-dissolved NCS, which could then
forward the reported information to the
Commission at its discretion. Because
our rules separately impose
requirements on communications
providers to report outages that
potentially affect ‘‘special offices and
facilities,’’ and in light of the
elimination of the NCS, we proposed
deleting Section 4.13 ‘‘as redundant
with respect to information that
providers are already required to
supply, and obsolete with respect to
obligations regarding the NCS.’’
53. We agree with commenters that
we should remove Section 4.13 from our
rules as redundant of other provisions
within part 4, and accordingly will
delete it. While supporting elimination
of Section 4.13, AT&T added that we
should incorporate elsewhere in the
rules a requirement that ‘‘affected
facilities’’ initiate contact with the
communications provider about the
disruption in service. We decline to
adopt AT&T’s proposal, finding it
would unnecessarily preclude
alternative methods that providers may
use to receive information about outages
without corresponding benefit.
3. Airport Reporting Requirements
54. Airports included in the Federal
Aviation Administration’s (FAA)
National Plan of Integrated Airports
Systems (NPIAS) are designated as
falling into one of four categories:
Primary commercial service (PR), nonprimary commercial service (CM),
reliever (RL), and general aviation (GA).
Currently, airports designated as PR,
CM, and RL are defined as ‘‘special
offices and facilities’’ for purposes of
Section 4.5(b) of the Commission’s
rules, and so are subject to outage
reporting requirements set forth in
Sections 4.11 and 4.13 of the
Commission’s rules that do not apply to
outages affecting other kinds of
facilities.
55. In the Notice, we proposed two
significant changes to our reporting
requirements for outages that affect
airport communications. First, we
proposed amending Section 4.5(b)’s
definition of the types of airports
considered as ‘‘special offices and
facilities,’’ to narrow its focus to airports
designated as PR. Second, we proposed
to clarify that reportable outages are
those that impact ‘‘critical
communications’’ at those airports.
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56. Regarding narrowing the scope of
airports to only those designated ‘‘PR,’’
we noted that most reports concerned
outages not significant enough to pose a
substantial threat to public safety,
particularly at smaller regional airports,
and thus we sought comment on
amending the definition of ‘‘special
offices and facilities’’ to exclude all
airports other than those designated
‘‘primary commercial service’’ airports
(i.e., the nation’s most heavily trafficked
airports, where even minor degradations
in critical communications can pose
grave threats to public safety and
national security) in the NPIAS.
57. With respect to our proposal to
clarify that only outages that potentially
affect critical communications at an
airport should be reported, we sought
comment on defining the phrase
‘‘critical communications.’’ From 1994
through 2004, under 47 CFR
63.100(a)(6), the Commission defined
outages affecting ‘‘critical
communications’’ at airports. We also
noted that, were we to clarify that our
intent was to receive reports only of
outages that affected critical
communications at airports, then few (if
any) outages at an airport would rise to
the threshold of being reportable, which
in turn would represent an affirmative
cost savings to communications
providers.
58. In 2004, the Commission proposed
to incorporate, but ultimately did not
adopt, the Part 63 definition of an
outage that ‘‘potentially affects’’ an
airport:
(i) Disrupts 50 percent or more of the air
traffic control links or other FAA
communications links to any airport; or
(ii) has caused an Air Route Traffic Control
Center (ARTCC) or airport to lose its radar;
or
(iii) causes a loss of both primary and
backup facilities at any ARTCC or airport; or
(iv) affects an ARTCC or airport that is
deemed important by the FAA as indicated
by FAA inquiry to the provider’s
management personnel; or
(v) has affected any ARTCC or airport and
that has received any media attention of
which the communications provider’s
reporting personnel are aware.
59. Most commenters agree that we
should adopt the proposal in the Notice
to narrow the scope of airports to only
those designated PR in NPIAS. On the
issue of the types of communication
outages that would be reportable,
commenters agree that only outages that
potentially affect critical
communications at an airport should be
considered, but raised some concerns.
CenturyLink, for example, notes that
while it generally supports the proposal
to clarify what constitutes ‘‘critical
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communications,’’ ‘‘there is some
question on the details of the NPRM’s
proposal to define what outages
potentially affect an airport and would
be reportable,’’ believing the 2004 Part
4 NPRM definition was not sufficiently
clear on how providers would be able to
assess when 50 percent of an airport’s
air traffic control links are disrupted,
along with vagueness on how providers
would be notified of airports ‘‘deemed
important’’ by the FAA.
60. On whether to narrow the scope
of airports covered by our rules, we
agree that the rule as currently written
is unnecessarily broad. The airportoriginating reports received by the
Commission in recent years have
generally related to outages within the
retail sections of an airport. We agree
with commenters that requiring
providers to report these outages
represents a substantial financial and
administrative burden on those
providers. Moreover, we do not believe
that eliminating communications outage
reporting from non-primary commercial
service and reliever airports will
negatively impact the safe operation of
our nation’s airports and air travel
system. We therefore amend Section
4.5(b) to limit the requirement of
reporting outages that ‘‘potentially
affect’’ an airport to only those
determined by the FAA to provide
primary commercial service.
61. On the issue of limiting the type
of communications subject to this rule,
we clarify that our concern is only with
outages that potentially affect critical
communications at covered airports. We
note that the Commission first adopted
the ‘‘five-point’’ definition in 1994, to
provide clarity and thoroughness in
reporting, as 47 CFR 63.100(a)(6),
although it did not apply this definition
in 47 CFR part 4.5(c). In the Notice, we
posited that, even though the
Commission refrained from adopting it
in 2004, the definition from former rule
47 CFR 63.100(a)(6) would be
appropriate to make clear that for
reporting purposes, only outages that
impact critical communications at an
airport are of concern. We find that the
concerns raised by CenturyLink about
ambiguity in the definition from the
2004 Part 4 Notice are unfounded.
Regarding CenturyLink’s concern about
a provider’s ability to ascertain when 50
percent of an airport’s control links are
disrupted, we conclude that providers
have sufficient ability to quantify
outages at this level, which is a rational
expectation of a provider’s network
monitoring practices and capability.
Thus, the definition the Commission
adopted in 1994 in part 63, used
through 2004, and proposed to
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incorporate into Part 4 in 2004, and
does incorporate here, provides
necessary and sufficient clarity. We note
that Section 63.100(a)(6) had long been
in force and that carriers should already
be familiar with this definition. For
example, we note Sprint’s 2004 petition
for reconsideration requesting that the
Commission, inter alia, require
reporting only in those scenarios
defined by the ‘‘previous outage
reporting rules, see 47 CFR
63.100(a)(6).’’ Regarding CenturyLink’s
concern regarding whether an airport
has been deemed ‘‘important’’ by the
FAA, we believe our narrowing the
scope of airports covered by our rules
resolves this issue, adding only that
providers that serve airports must make
themselves aware of the category of
those airports (i.e., we do not anticipate
or expect the airport itself to notify
providers as to the airport’s FAA
classification).
62. We note that commercial aviation
is increasingly dependent on
information systems that are not
collocated with airport facilities and
invite comment in the related Further
Notice as to whether non-airport critical
aviation information facilities should be
eligible for outage reporting perhaps as
enrollees in the previously mentioned
TSP Levels 3 and 4.
4. Reporting Obligations of Satellite and
Terrestrial Wireless Service Providers as
to ‘‘Special Offices and Facilities’’
63. In 2004, the Commission
determined that because the critical
communications infrastructure serving
airports is landline-based, satellite and
terrestrial wireless communications
providers were exempt from reporting
outages potentially affecting airports.
CTIA, Cingular Wireless and Sprint
each filed petitions arguing that wireless
providers should be exempt from
reporting outages pertaining to all other
‘‘special offices and facilities,’’ on the
grounds that the rationale for excluding
wireless carriers from outage reporting
for airports applies equally to all special
offices and facilities, that is, that
wireless carriers lacked dedicated
access lines to all special offices and
facilities. In the Notice, we asked
whether, in spite of the continued
growth in the use of wireless networks,
we should extend the satellite and
terrestrial wireless exemption to all
‘‘special offices and facilities.’’
64. Commenters on this issue all agree
that the current exemption afforded
satellite and terrestrial wireless
providers with respect to airports ought
to be retained, and that such providers
further should be exempt from reporting
outages potentially affecting all special
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45063
offices and facilities. Sprint supports
extending the wireless providers’
exemption to all special offices and
facilities, arguing that, as with airports,
‘‘the communications infrastructure
serving other special offices and
facilities remain primarily ‘landline
based,’ ’’ and that unless a wireless
carrier provides a dedicated access line
to a special office or facility, it has no
way of knowing whether one of its
phones was being used by personnel at
such office or facility.
65. Although wireless service has
become ubiquitous in many respects
throughout the United States, we have
not observed special offices and
facilities adopting such service for their
critical communications, and otherwise
abandoning wireline-based
communications. As CTIA points out,
the Department of Defense (DoD)
commented in our Technology
Transitions proceeding that DoD and
federal executive agencies continue to
rely heavily on wireline TDM-based
networks and services and would do so
for the foreseeable future. We will,
therefore, continue to exempt satellite
and terrestrial wireless providers from
reporting outages potentially affecting
airports, and will extend that exemption
to all special offices and facilities. To
the extent our decision today responds
affirmatively to the requests of CTIA,
Cingular, and Sprint to exempt wireless
carriers from being required to report
outages potentially affecting all special
offices and facilities, we grant their
petitions.
E. Information Sharing
66. Section 4.2 of our rules provides
that reports filed in NORS are presumed
confidential, and thus withheld from
routine public inspection. This
presumption recognizes both the
‘‘likelihood of substantial competitive
harm from disclosure of information in
outage reports’’ and the Commission’s
concern that ‘‘the national defense and
public safety goals that we seek to
achieve by requiring these outage
reports would be seriously undermined
if we were to permit these reports to fall
into the hands of terrorists who seek to
cripple the nation’s communications
infrastructure.’’ The Commission
routinely shares NORS reports with the
Office of Emergency Communications at
the Department of Homeland Security
(DHS), which may ‘‘provide information
from those reports to such other
governmental authorities as it may deem
to be appropriate,’’ but the Commission
does not share NORS information
directly with state governments. In
2009, the CPUC filed a petition
requesting that the Commission amend
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its rules to permit state agencies to
directly access the NORS database.
67. The Notice proposed to grant state
governments ‘‘read-only access to those
portions of the NORS database that
pertain to communications outages in
their respective states,’’ conditioned on
a certification that each state ‘‘will keep
the data confidential and that it has in
place confidentiality protections at least
equivalent to those set forth in the
federal Freedom of Information Act
(FOIA).’’ The Commission sought
comment on this proposal, as well as
whether states’ use of NORS data should
be restricted to activities relating to its
‘‘traditional role of protecting public
health and safety’’ and, if so, what
activities such a role would encompass.
In addition, the Commission sough
comment on whether information
collected under part 4 should be shared
directly with the National Coordinating
Center for Communications (NCC), a
government-industry initiative led by
DHS representing 24 federal agencies
and more than 50 private-sector
communications and information
technology companies.
68. Commenters generally support
providing state and federal officials with
direct access to NORS, as long as there
are sufficient security and
confidentiality protections to prevent
disclosure to competitors or hostile
parties. The National Association of
Regulatory Utility Commissioners, for
example, notes that it unanimously
adopted a resolution in support of the
CPUC Petition, adding that ‘‘[w]hile
California filed the Petition on its own
behalf, and some States do receive
certain outage information directly from
carriers, all States share the need for
immediate, secure and confidential
access to the service outage detail
provided in NORS.’’
69. Commenters disagree, however,
on many of the details of
implementation for sharing information
with state entities, including the nature
and extent of confidentiality measures
and whether the Commission should
attach conditions to the use of
information obtained from NORS.
Service providers argue for a broad
range of conditions such as: Limitations
on the number and job description of
state personnel with access to NORS;
security training or nondisclosure
agreements for such personnel; data
breach notifications to the Commission,
to affected service providers, or to both;
tracking or auditing of states’ use of
NORS information; and loss of access or
other penalties for states that fail to
maintain confidentiality. Industry
commenters also question whether a
certification of confidentiality
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protections ‘‘at least equivalent to
FOIA’’ would be an effective safeguard
in light of variations in state open
records laws and the tendency of some
state courts to construe such laws in
favor of disclosure. Consequently,
several commenters urge the
Commission to explore mechanisms
other than FOIA and its state
equivalents as a basis for stronger legal
protections for NORS data.
70. Some commenters urge the
Commission to preempt state open
records laws to the extent they could
allow disclosure of NORS information,
while others suggest ‘‘a rule with
language similar to the statutory
language that Congress enacted to
govern a federal agency’s sharing of
homeland security information with a
state government.’’ Commenters point to
several other contexts in which the
Commission has shared information on
a confidential basis with state
counterparts, such as the existing
processes for sharing state-specific Form
477 data on broadband subscribership
and numbering resources from the
North American Numbering Plan
Administration. But the record also
reflects concerns that these models may
be inadequate to provide states with
real-time access to NORS data or to
provide state-specific data on outages
affecting multiple states. Intrado further
suggests that outage information could
not realistically be shared with states on
a confidential basis without an
extensive redesign of the NORS
database and associated form fields.
71. States and service providers also
dispute whether use of NORS data
should be limited to the states’
‘‘traditional role of protecting public
health and safety,’’ a phrase that first
appeared in the CPUC Petition but here
receives support from industry
commenters as a condition on states’
access to NORS. AT&T, for example,
comments that ‘‘the Commission should
restrict state commissions’ use of the
NORS data to evaluating the cause of
outages to monitor communications
network functionality within a state.’’
State governments generally agree that
they should only receive information on
outages within their geographic
boundaries but oppose other limitations
on their use of NORS data. Michigan, for
example, asserts that ‘‘[r]estricting the
information that states can access
regarding service outages would obscure
the true picture of the providers’
services . . . rendering the reporting—
and any conclusions drawn thereon—
incomplete.’’
72. Commenters also disagree on the
extent to which direct access to NORS
data should replace state-level outage
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reporting requirements. Without routine
access to NORS data, many states
independently require communications
providers to file network outage reports
with their public utility commissions or
similar agencies. Industry commenters
argue that ‘‘sharing appropriate data
with state agencies could minimize the
burden on providers for filing multiple
reports given that the content of some
state outage reporting overlaps with Part
4 reporting,’’ but also that ‘‘the
Commission should condition a state’s
access to NORS data on the state’s
waiver or elimination of any
independent outage reporting
requirement imposed by state law.’’
Intrado further contends that ‘‘[d]ual
reporting is unnecessary, unduly
expensive and inappropriate,’’ and that
‘‘[n]ot every state needs access to
NORS.’’ State commissions tend to
disagree, generally arguing that states
should remain free to adopt their own
independent requirements.
73. The record reflects broad
agreement that state and federal partners
would benefit from more direct access
to NORS data, and we conclude that
such a process would serve the public
interest if implemented with
appropriate and sufficient safeguards.
But, with competitively sensitive
information and critical
communications infrastructure at stake,
we also conclude that this process
requires more careful consideration of
details that may determine the longterm success and effectiveness of the
NORS program. Accordingly, while we
agree that other FCC processes may be
helpful models in developing
appropriate procedures for sharing
NORS data, we are not persuaded that
existing processes for information
sharing can be replicated in the context
of NORS without important
refinements.
74. In light of the significant security
and confidentiality concerns described
above, as well as federalism concerns
that may be inherent in any national
coordination of outage reporting
requirements, we find that the
Commission’s part 4 information
sharing proposals raise a number of
complex issues that warrant further
consideration. We seek comment in the
related Further Notice with respect to
how NORS data from broadband
providers could be properly shared with
state and federal entities other than
DHS, including instances where state
law may prohibit information sharing.
Furthermore, to assist the Commission
in addressing these issues, we direct the
Bureau to study these issues, and
develop proposals for the Commission
consideration regarding how NORS
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and wireless communications
infrastructure, and has inadequate
visibility into degradations of special
offices and facilities as well as
communications to PSAPs. This lack of
visibility hinders the Commission’s
ability to discharge its public safety
responsibilities. The data gathered by
F. Cost-Benefit Analysis
these outage reports will permit
In the Notice we provided estimates of Commission staff, working closely with
the annual industry-wide cost of
providers and industry working groups,
adoption of the proposed rules. In total, to identify and address systemic
we estimated that industry-wide
vulnerabilities. Such collaborative
reporting costs would fall by $307,520
efforts have led to measurable
due to a net decrease of 1,922 reports
improvements in network reliability and
per year. While several commenters
resiliency, and to the formulation of
argued that our per-report cost estimates policies to promote more reliable and
were too low, only AT&T provided a
secure communications. Moreover,
revised quantitative estimate. AT&T
outage reports, particularly in the early
argued that it spends approximately
stages of a communications disruption,
twelve hours to prepare and file outage
provide critical situational awareness to
reports, in contrast to our estimate of
the Commission that enable it to
two hours. Although we are not
participate effectively in emergency
convinced that twelve hours are
response and service restoration efforts.
necessary, we note that using AT&T’s
II. Order on Reconsideration
figure, the resulting decrease in costs
would be six times our estimate, or
A. Airport Reporting Requirements
$1,845,120. In either case, we conclude
77. In January 2005, in response to the
that the rule changes adopted in this
2004 Part 4 Order, Sprint filed a petition
Report and Order will have the overall
requesting that, among other issues, the
effect of reducing reporting costs.
Commission ‘‘clarify that wireline
75. As to benefits, our part 4 rules
carriers are only required to report
enhancements will ensure the
outages affecting airports when such
Commission receives the appropriate
outages ‘disrupt[ ] 50% or more of the
type and quality of outage and
air traffic control lines or other FAA
operational status information to allow
communications links’ as was the case
us to continue to fulfill our statutory
obligation to promote ‘‘safety of life and under the previous outage reporting
rules, see 47 CFR 63.100(a)(6).’’ Sprint
property’’ by protecting the nation’s
argues that in adopting the new part 4
communications networks. The current
rules, ‘‘[t]he Commission did not
part 4 outage reporting rules played a
significant and well-documented role in mention, let alone justify, doing away
with the Section 63.100(a)(6) limitation
the Commission’s successful efforts to
that carriers report only outages
promote more reliable and resilient
affecting the critical communications
communications networks. The
facilities serving airports’’ and urges the
Commission’s receipt of data on major
Commission ‘‘to clarify that it had no
transport facility outages, wireless
intention of removing the Section
outages, outages that significantly
degrade communications to PSAPs, and 63.100(a)(6) language from Part 4 that
limits reporting of airport outages to
outages affecting special offices and
disruptions in communications being
facilities will enable it to adapt this
carried over critical infrastructure
established practice to a wider crossserving such airports, i.e., air traffic
section of the critical communication
control or other FAA communications
infrastructure.
76. We further believe that the
links[,] and to restore such language to
benefits of the adopted rules will
Section 4.5 of the rules.’’
78. As noted above, reports in this
substantially exceed the minimal costs
category generally have involved
expected to be imposed by some of
communications outages within the
these rules, and we expect that the
combined effect of all these rules will be retail sections of an airport. A strict
interpretation of current Section 4.5(c)—
to reduce the costs imposed on affected
i.e. that ‘‘[a]ll outages that potentially
parties. Outage reporting provides the
affect communications for at least 30
Commission with critical data on
minutes with any airport that qualifies
communications reliability that it has
as a ‘special office and facility’ . . .
no means of gathering on a consistent
and reliable basis from any other source. shall be reported,’’—would have
required providers to report outages that
Absent these rules, the Commission
were not mission-critical, and which
lacks adequate visibility into the
could represent a financial and
reliability of major transport facilities
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filings and information collected from
all part 4 providers could be shared in
real time with state commissions, with
other federal partners, and with the
NCC, keeping in mind current
information sharing privileges granted
to DHS.
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45065
administrative burden on those
providers, with virtually no public
safety benefit or public policy goal.
Therefore, we amend Section 4.5(c) to
clarify that carriers need only report
disruptions of critical communications,
which impact the airports covered by
our rules. To the extent our decision
today responds affirmatively to Sprint’s
request, we grant its request for
clarification, which will be reflected in
our ordering clause.
B. Reporting Obligations of Satellite and
Terrestrial Wireless Service Providers
79. In 2004, the Commission
exempted satellite and terrestrial
wireless communications providers
from reporting outages potentially
affecting airports, on the grounds that
the critical communications
infrastructure serving those airports was
landline-based. CTIA, Cingular
Wireless, and Sprint filed petitions
urging the Commission to exempt
wireless providers from reporting
outages pertaining to all other special
offices and facilities, positing that the
rationale for excluding wireless carriers
from outage reporting for airports, i.e.,
that critical communications were
landline-based, applied as well to all
special offices and facilities. In the 2015
Part 4 Notice, we asked whether, in
spite of the continued growth in the use
of wireless networks, we should extend
the satellite and terrestrial wireless
exemption to all ‘‘special offices and
facilities.’’ CTIA and Sprint again urged
that the exemption be extended. CTIA
notes that, today as in 2004, wireless
networks provide undifferentiated
service to all end users, even with the
growth of wireless telephone in the past
decade. As a matter of practice, wireless
providers do not assign dedicated access
lines to specific end users, and therefore
do not have dedicated access lines for
the critical portions of any of the special
offices and facilities. Sprint argues that,
as with airports, the communications
infrastructure serving all special offices
and facilities remains primarily
landline-based, and that unless a
wireless carrier provides a dedicated
access line to a special office or facility,
it has no way of knowing whether one
of its phones is being used by personnel
at such an office or facility.
80. As previously noted, we will
extend the wireless exemption for
satellite and terrestrial wireless carriers
to all special offices and facilities. To
the extent our decision today responds
affirmatively to the requests of CTIA,
Cingular, and Sprint to exempt wireless
carriers from being required to report
outages potentially affecting all special
offices and facilities, we grant their
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requests, which will be reflected in our
ordering clause.
III. Procedural Matters
A. Accessible Formats
81. 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).
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B. Paperwork Reduction Act of 1995
82. The Report and Order contains
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. It will be submitted to the
Office of Management and Budget
(OMB) for review under Section 3507(d)
of the PRA. OMB, the general public,
and other Federal agencies will be
invited to comment on the new or
modified information collection
requirements contained in this
proceeding. In addition, we note that
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
we previously sought specific comment
on how the Commission might further
reduce the information collection
burden for small business concerns with
fewer than 25 employees. In this Report
and Order and Order on
Reconsideration, we have assessed the
effects of updates to the part 4 outage
reporting rules, and find that these
updates does not have significant effects
on business with fewer than 25
employees.
IV. Final Regulatory Flexibility
Analysis
83. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
Amendments to Part 4 of the
Commission’s Rules Concerning
Disruptions to Communications; New
Part 4 of the Commission’s Rules
Concerning Disruptions to
Communications, Notice of Proposed
Rulemaking, Second Report and Order,
and Order on Reconsideration. The
Commission sought written public
comment on the proposals in the Notice,
including comment on the IRFA. No
comments were received. This present
Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
A. Need for, and Objectives of, the
Report and Order and Order on
Reconsideration
84. In this Report and Order, we take
specific steps to improve our current
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part 4 rules by adopting various
proposals made in a Notice of Proposed
Rulemaking (Notice) adopted in 2015.
These specific amendments stem from
our experience with outage reporting
over the past ten years, and will
enhance the information we receive on
outages for services already covered in
part 4. In this Report and Order, we
adopt the following changes to our part
4 outage reporting rules:
• Update the reporting metric and
threshold for communication
disruptions impacting major transport
facilities from a DS3-based to OC3-based
standard, and reduce the reporting
window for simplex events
(transmission line disruptions) from five
days to four days;
• update the reporting of wireless
outages by adopting a standardized
method to calculate the number of users
‘‘potentially affected’’ in an outage, and
clarify that, when an outage affects only
some 911 calling centers, or PSAPs,
served by a mobile switching center,
wireless providers may utilize their own
identifiable scheme to allocate the
number of potentially affected users so
long as the allocation reflects the
relative size of the affected PSAP(s);
• find that a ‘‘loss of
communications’’ to a PSAP occurs
when there is a network malfunction or
higher-level issue that significantly
degrades or prevents 911 calls from
being completed to PSAPs, including
when 80 percent or more of a provider’s
trunks serving a PSAP become disabled;
• update the rules regarding reporting
of outages affecting ‘‘special offices and
facilities’’ by (i) extending the reporting
obligation to high-level enrollees in the
Telecommunications Service Priority
program, (ii) eliminating outdated and
non-applicable rules, (iii) narrowing the
types of airports that are considered
‘‘special offices and facilities,’’ and (iv)
limiting outage reporting from airports
to critical communications only; and
• conclude that direct access to NORS
by our state and federal partners is in
the public interest, but determine that
further consideration is warranted to
ensure that the process includes
adequate safeguards to maintain the
security and confidentiality of sensitive
information, and accordingly direct the
Public Safety and Homeland Security
Bureau (Bureau) to study these issues
and develop recommendations for the
successful implementation of our
information-sharing proposals.
85. The Order on Reconsideration
limits outage reporting for events
affecting airports to those outages that
impact airport critical communications,
and exempts satellite and terrestrial
wireless carriers from reporting outages
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affecting all ‘‘special offices and
facilities,’’ extending the exemption
previously limited to airports.
B. Legal Basis
86. The legal bases for the rule
changes adopted in this Report and
Order are contained in Sections 1, 4(i),
4(j), 4(o), 251(e)(3), 254, 301, 303(b),
303(g), 303(r), 307, 309(a), 309(j), 316,
332, 403, 615a-1, and 615c of the
Communications Act of 1934, as
amended, and Section 706 of the
Communications Act of 1996, 47 U.S.C.
151, 154(i)–(j) & (o), 251(e)(3), 254, 301,
303(b), 303(g), 303(r), 307, 309(a), 309(j),
316, 332, 403, 615a–1, 615c, and 1302.
C. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
87. The IRFA solicited comment on
the impact of the proposed rules to
small businesses, as required by the
RFA. While no comments were
submitted specifically in response to the
IRFA, a few commenters express
concerns about the estimated costs for
reporting. NTCA urges the Commission
to consider small rural service providers
and their unique circumstances. Other
commenters argue that we
underestimate the time burdens
associated with filing NORS reports. We
maintain that the reports cost an
estimated $160 to file, and that other
costs associated with ‘‘setting up and
implementing a monitoring regime’’ are
routine business costs independent of
our reporting requirements.
D. Description and Estimate of the
Number of Small Entities to Which
Rules Will Apply
88. 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
rules such as those adopted herein. The
RFA generally defines the term ‘‘small
entity’’ the same as the terms ‘‘small
business,’’ ‘‘small organization,’’ and
‘‘small governmental jurisdiction.’’ In
addition, the term ‘‘small business’’ has
the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act. A ‘‘small business
concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).
89. Our action may, over time, affect
small entities that are not easily
categorized at present. We therefore
describe here, at the outset, three
comprehensive, statutory small entity
size standards. First, nationwide, there
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are a total of approximately 28.2 million
small businesses, according to the SBA.
In addition, a ‘‘small organization’’ is
generally ‘‘any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field.’’ Nationwide, as of 2007, there
were approximately 1,621,315 small
organizations. Finally, the term ‘‘small
governmental jurisdiction’’ is defined
generally as ‘‘governments of cities,
towns, townships, villages, school
districts, or special districts, with a
population of less than fifty thousand.’’
Census Bureau data for 2011 indicate
that there were 89,476 local
governmental jurisdictions in the
United States. We estimate that, of this
total, as many as 88,506 entities may
qualify as ‘‘small governmental
jurisdictions.’’ Thus, we estimate that
most governmental jurisdictions are
small. We believe that the Report and
Order and Order on Reconsideration
may affect the following small entities,
as further discussed in the document,
https://apps.fcc.gov/edocs_public/
attachmatch/FCC-16-63A1.pdf: (1)
Wireline providers, including
incumbent Local Exchange Carriers
(incumbent LECs); and interexchange
carriers; (2) Wireless Providers-Fixed
and Mobile, including wireless
telecommunications carriers (except
satellite); (3) Satellite Service Providers,
including satellite telecommunications
providers and all telecommunications
providers; (4) Cable Service Providers,
including cable companies and systems
and cable system operators; and (5) All
Other Telecommunications.
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E. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
90. The rules adopted in the Report
and Order and Order on
Reconsideration require
telecommunications providers to report
those outages that meet specified NORS
outage reporting threshold criteria, now
determined by a variety of factors,
including the number of end users
potentially affected by the outage and
the duration of the outage. Providers
must now comply with an updated OC3
metric for major transport facilities;
adjust calculations for determining
when there has been a ‘‘loss of
communications’’ such that reporting is
required; and report outages affecting as
Level 1 and 2 enrollees of the
Telecommunication Service Priority
(TSP) program as ‘‘special offices and
facilities.’’ The document, https://
apps.fcc.gov/edocs_public/attachmatch/
FCC-16-63A1.pdf, discusses the
requirements in full.
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17:56 Jul 11, 2016
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F. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
91. The RFA requires an agency to
describe any significant alternatives that
it has considered in developing its
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.’’
92. The new and updated reporting
requirements are minimally necessary to
assure that we receive adequate
information to perform our statutory
responsibilities with respect to the
reliability of telecommunications and
their infrastructures. The Commission
considered other possible proposals and
sought comment on the reporting
thresholds and the analysis presented.
Ultimately, we believe that outage
reporting triggers are set sufficiently
high as to make it unlikely that small
businesses would be impacted
significantly by the final rules. In fact,
we anticipate that in many instances,
small businesses will find their burden
decreased by the new reporting
thresholds. In the Commission’s
experience administering NORS, small
companies only rarely experience
outages that meet the NORS outage
reporting threshold criteria, and we
expect that small companies will only
be slightly impacted by our rule changes
adopted today. Telecommunications
providers already file required
notifications and reports for internal
purposes. We believe the only burden
associated with the reporting
requirements contained here will be the
time required to complete any
additional notifications and reports
following the proposed changes.
V. Congressional Review Act
VI. Ordering Clauses
94. Accordingly it is ordered that,
pursuant to the authority contained in
Sections 1, 4(i), 4(j), 4(o), 251(e)(3), 254,
PO 00000
Frm 00087
Fmt 4700
Sfmt 4700
301, 303(b), 303(g), 303(r), 307, 309(a),
309(j), 316, 332, 403, 615a–1, and 615c
of the Communications Act of 1934, as
amended, and Section 706 of the
Communications Act of 1996, 47 U.S.C.
151, 154(i)–(j) & (o), 251(e)(3), 254, 301,
303(b), 303(g), 303(r), 307, 309(a), 309(j),
316, 332, 403, 615a–1, 615c, and 1302,
this Report and Order in PS Docket 15–
80 and 11–82 is ADOPTED.
95. It is further ordered that the
Commission’s Public Safety and
Homeland Security Bureau shall
develop and recommend to the
Commission proposed rules, published
elsewhere in this Federal Register, for
NORS information sharing in
accordance with its delegated authority
and this Report and Order.
List of Subjects in 47 CFR Part 4
Airports, Communications common
carriers, Communications equipment,
Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 4 as
follows:
PART 4—DISRUPTIONS TO
COMMUNICATIONS
1. The authority citation for part 4 is
revised to read as follows:
■
Authority: Sections 1, 4(i), 4(j), 4(o),
251(e)(3), 254, 301, 303(b), 303(g), 303(r),
307, 309(a), 309(j), 316, 332, 403, 615a–1, and
615c of Pub. L. 73–416, 48 Stat. 1064, as
amended, and section 706 of Pub. L. 104–
104, 110 Stat. 56; 47 U.S.C. 151, 154(i)–(j) &
(o), 251(e)(3), 254, 301, 303(b), 303(g), 303(r),
307, 309(a), 309(j), 316, 332, 403, 615a–1,
615c, and 1302, unless otherwise noted.
2. Section 4.5 is amended by revising
paragraphs (b) and (c) as follows and
removing and reserving paragraph (d):
■
§ 4.5 Definitions of outage, special offices
and facilities, and 911 special facilities.
*
93. The Commission will send a copy
of this Report and Order and Order on
Reconsideration to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
45067
*
*
*
*
(b) Special offices and facilities are
defined as entities enrolled in the
Telecommunications Service Priority
(TSP) Program at priority Levels 1 and
2, which may include, but are not
limited to, major military installations,
key government facilities, nuclear
power plants, and those airports that are
listed as current primary (PR) airports in
the FAA’s National Plan of Integrated
Airports Systems (NPIAS) (as issued at
E:\FR\FM\12JYR1.SGM
12JYR1
45068
Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations
least one calendar year prior to the
outage).
(c) A critical communications outage
that potentially affects an airport is
defined as an outage that:
(1) Disrupts 50 percent or more of the
air traffic control links or other FAA
communications links to any airport;
(2) Has caused an Air Route Traffic
Control Center (ARTCC) or airport to
lose its radar;
(3) Causes a loss of both primary and
backup facilities at any ARTCC or
airport;
(4) Affects an ARTCC or airport that
is deemed important by the FAA as
indicated by FAA inquiry to the
provider’s management personnel; or
(5) Has affected any ARTCC or airport
and that has received any media
attention of which the communications
provider’s reporting personnel are
aware.
(d) [Reserved]
*
*
*
*
*
■ 3. Section 4.7 is amended by revising
paragraphs (d) and (e)(2) to read as
follows:
§ 4.7 Definition of metrics used to
determine the general outage-reporting
threshold criteria.
mstockstill on DSK3G9T082PROD with RULES
*
*
*
*
*
(d) Optical Carrier 3 (OC3) minutes
are defined as the mathematical result of
multiplying the duration of an outage,
expressed in minutes, by the number of
previously operating OC3 circuits or
their equivalents that were affected by
the outage.
(e) * * *
(2) The mathematical result of
multiplying the duration of an outage,
expressed in minutes, by the number of
end users potentially affected by the
outage, for all other forms of
communications. For interconnected
VoIP service providers to mobile users,
the number of potentially affected users
should be determined by multiplying
the simultaneous call capacity of the
affected equipment by a concentration
ratio of 8.
*
*
*
*
*
■ 4. Section 4.9 is amended by revising
paragraph (a)(2), the second sentence in
paragraph (a)(4), revising the second
and sixth sentence in paragraph (b),
revising paragraph (e), (f)(2) and the
second sentence in paragraph (f)(4) to
read as follows:
§ 4.9 Outage reporting requirements—
threshold criteria.
(a) * * *
(2) Affects at least 667 OC3 minutes;
*
*
*
*
*
VerDate Sep<11>2014
18:22 Jul 11, 2016
Jkt 238001
(4) * * * (OC3 minutes and user
minutes are defined in paragraphs (d)
and (e) of § 4.7.) * * *
*
*
*
*
*
(b) * * * Providers must report IXC
and LEC tandem outages of at least 30
minutes duration in which at least
90,000 calls are blocked or at least 667
OC3-minutes are lost.* * * (OC3
minutes are defined in paragraph (d) of
§ 4.7.) * * *
*
*
*
*
*
(e)(1) All wireless service providers
shall submit electronically a
Notification to the Commission within
120 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:
(i) Of a Mobile Switching Center
(MSC);
(ii) That potentially affects at least
900,000 user minutes of either
telephony and associated data (2nd
generation or lower) service or paging
service;
(iii) That affects at least 667 OC3
minutes (as defined in § 4.7);
(iv) That potentially affects any
special offices and facilities (in
accordance with paragraphs (a) through
(d) of § 4.5) other than airports through
direct service facility agreements; or
(v) That potentially affects a 911
special facility (as defined in paragraph
(e) of § 4.5), in which case they also
shall notify, as soon as possible by
telephone or other electronic means,
any official who has been designated by
the management of the affected 911
facility as the provider’s contact person
for communications outages at that
facility, and they shall convey to that
person 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.
(2) In determining the number of
users potentially affected by a failure of
a switch, a wireless provider must
multiply the number of macro cell sites
disabled in the outage by the average
number of users served per site, which
is calculated as the total number of
users for the provider divided by the
total number of the provider’s macro
cell sites.
(3) For providers of paging service
only, a notification must be submitted if
the failure of a switch for at least 30
minutes duration potentially affects at
least 900,000 user-minutes.
(4) 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
PO 00000
Frm 00088
Fmt 4700
Sfmt 4700
after discovering the outage, the
provider shall submit electronically a
Final Communications Outage Report to
the Commission.
(5) The Notification and Initial and
Final reports shall comply with the
requirements of § 4.11.
(f) * * *
(2) Affects at least 667 OC3 minutes;
*
*
*
*
*
(4) * * * (OC3 minutes and user
minutes are defined in paragraphs (d)
and (e) of § 4.7.) * * *
*
*
*
*
*
§ 4.13
[Removed and Reserved]
5. Section 4.13 is removed and
reserved.
■
[FR Doc. 2016–16274 Filed 7–8–16; 11:15 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 1206013412–2517–02]
RIN 0648–XE716
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2016
Commercial Accountability Measure
and Closure for Gulf of Mexico Greater
Amberjack
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for
commercial greater amberjack in the
Gulf of Mexico (Gulf) reef fish fishery
for the 2016 fishing year through this
temporary rule. NMFS projects
commercial landings for greater
amberjack, will reach the commercial
annual catch target (ACT) by July 17,
2016. Therefore, NMFS closes the
commercial sector for greater amberjack
in the Gulf on July 17, 2016, and it will
remain closed until the start of the next
fishing season on January 1, 2017. This
closure is necessary to protect the Gulf
greater amberjack resource.
DATES: This rule is effective 12:01 a.m.,
local time, July 17, 2016, until 12:01
a.m., local time, January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the reef fish fishery of the Gulf,
SUMMARY:
E:\FR\FM\12JYR1.SGM
12JYR1
Agencies
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Rules and Regulations]
[Pages 45055-45068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16274]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 4
[ET Docket No. 04-35; FCC 16-63]
Disruptions to Communications
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this Report and Order, the Commission updates several of
its outage reporting metrics, methodologies, and procedures for a
number of providers covered in the Commission's rules concerning
disruptions to communications and directs the Public Safety and
Homeland Security Bureau (Bureau) to further evaluate issues related to
the sharing of information from the Commission's Network Outage
Reporting System (NORS) with state and federal partners. The Order on
Reconsideration limits outage reporting for events affecting airports
to outages that impact airport critical communications, and exempts
satellite and terrestrial wireless carriers from reporting outages
affecting all ``special offices and facilities.''
DATES: The final rules are effective August 11, 2016, except 47 CFR
4.5(b) and (c), 4.7(d) and (e)(2), and 4.9 (a)(2), the second sentence
in paragraph (a)(4), the second and sixth sentence in paragraph (b),
(e), (f)(2), and the second sentence in paragraph (f)(4) which contain
new or modified information collection requirements that have not been
approved by OMB. The Federal Communications Commission will publish a
document in the Federal Register announcing the effective date.
FOR FURTHER INFORMATION CONTACT: Brenda D. Villanueva, Attorney
Advisor, Public Safety and Homeland Security Bureau, (202) 418-7005 or
brenda.villanueva@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order and Order on Reconsideration in PS Docket Nos. 11-82 and 15-
80 and ET Docket No. 04-35, adopted on May 25, 2016, and released on
May 26, 2016. The full text of this document is available for public
inspection during regular business hours in the FCC Reference Center,
Room CY-A257, 445 12th Street SW., Washington, DC 20554, or online at
https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-63A1.pdf. This
Order updates several of the Commission's outage reporting metrics,
methodologies, and procedures for a number of providers covered under
its part 4 rules concerning disruptions to communications and directs
the Public Safety and Homeland Security Bureau (Bureau) to further
evaluate issues related to the sharing of information from the
Commission's NORS program with state and federal partners.
Synopsis of the Report and Order
I. Report and Order
1. Codified in part 4 of our rules, outage reporting requirements
support our public safety goals by directing providers to report
network outages that exceed specified magnitude and duration
thresholds. Outage data give the Commission an overall picture of
communications network reliability that
[[Page 45056]]
enables it to identify adverse trends. In turn, the data enable
Commission staff, working closely with providers and industry working
groups, to understand and address systemic vulnerabilities. Such
collaborative efforts have led to measurable improvements in network
reliability and resiliency, and to the formulation of policies to
promote more reliable and secure communications. Moreover, outage
reports, particularly in the early stages of a communications
disruption, provide critical situational awareness that enables the
Commission to be an effective participant in emergency response and
service restoration efforts.
A. Major Transport Facility Outages
1. Major Transport Facility Outage Metric and Threshold
2. In 2004, the Commission required outage reporting for
communication disruptions impacting major transport facilities,
specifically those with significant traffic-carrying capacity, such as
DS3 circuits. The Commission created a metric and threshold for this
outage reporting in standards defined in impacts to DS3 circuits;
specifically, the Commission adopted DS3 as the base metric and 1,350
DS3 minutes as the reporting threshold. Since then, our part 4 rules
require a covered provider to file reports with the Commission in the
NORS online database when a DS3 circuit (or its equivalent) that it
owns, operates, leases, or otherwise utilizes, experiences a
communication disruption that lasts for at least 30 minutes and meets
the 1,350 DS3 minute threshold. When the Commission originally adopted
the part 4 rules, DS3 circuits were the ``common denominator,'' that
is, the standard facility used in networks for major traffic transport.
Today, however, providers use larger, fiber facilities for major
traffic transport, and thus have decreased their use of DS3 circuits.
This shift has rendered the DS3-based reporting metric and the
corresponding 1,350 DS3 minute threshold obsolete and unhelpful for
outage analysis. This is borne out by the past ten years' NORS data,
which show a marked increase in reported DS3 standard-based incidents
that involve only minor disruptions that are unlikely to have any
significant communications impact or jeopardize public safety. In the
same period, the industry has broadly adopted OC3 as the predominate
architecture for major transport facilities.
3. Accordingly, in the Notice, we proposed to change the base major
transport facility outage reporting metric from DS3 to OC3, to preserve
our near-and medium-term ability to obtain critical information to
analyze communications network reliability. We also proposed a
corresponding reporting threshold shift from DS3 minutes to OC3
minutes. Finally, we proposed language to ensure inclusion of other
transport facilities beyond OC3, i.e., ``other circuits or aggregations
of circuits that provide equal or greater capacity.'' To effectuate
that technologically neutral objective, we proposed to adjust the
number of OC3 minutes based on some measure of equivalency to the
current 900,000 user-minute threshold for voice-grade users, which we
posited as 667 OC3 minutes. Despite suggestions to move our metric to
OC12 or higher, we find that OC3 gives us the right amount of
visibility into customer access circuits that may not be captured by a
metric above OC3.
4. The record reflects strong support for adjusting the major
transport facility outage metric and threshold as we proposed in the
Notice. Several commenters agree that major transport traffic now takes
place more on fiber than on DS3 circuits. Many commenters also
acknowledge that changing the standard as proposed will give the
Commission information on significant outages that are more likely to
have a material impact on users. Indeed, commenters predict that the
change from DS3 to OC (whether at OC3 or above) will enhance outage
reporting efficiency and reduce reporting burdens while also ensuring
that the rules continue to target high-capacity facilities and track
major outage events that have a material impact on users. Commenters
also agree that changing the standard from a DS3 basis to a higher
capacity level basis will reduce the number of outage reports required
for relatively minor incidents.
5. Despite broad support that the major transport facility outage
reporting metric should change from a DS3 to a higher capacity, those
supporting the change do not agree on what that specific capacity level
should be. Several commenters share our view that the new metric should
be based on OC3--where the threshold would be 667 OC3 minutes. Others,
however, propose alternative metrics and thresholds. For example, some
commenters suggest OC12 (or similarly high capacity level) as the
appropriate standard because, in their view, it more properly reflects
the past decade's network technology advancements than OC3. Others,
like CenturyLink, push for an even higher metric, e.g., OC48 or OC192.
6. AT&T, on the other hand, recommends an OC12-based metric, and
further proposes to measure the transport facility's ``working''
capacity, as opposed to our current measure of ``failed'' capacity, as
the appropriate standard for reporting. In support of its working
capacity proposal, AT&T explains that OC3 circuits are usually on its
network edge (e.g., enterprise local loop and access services), and
thus it argues that an OC3 metric would provide little insight on
outages affecting the core of the network. Ultimately, AT&T proposes
the elimination of major transport facility outage reporting
altogether, and advocates instead that the Commission focus on events
that impact customer service, such as ``end office isolations, SS7
isolations, call blockages, and E911 failures.'' AT&T maintains that in
proposing a new metric and threshold, we miss an opportunity to conduct
a comprehensive review of the information that will ``best apprise [the
Commission] of the overall health of the nation's networks,'' and, that
failed transport capacity is an inadequate metric because it does not
necessarily reveal the effect on customers' service or provide an
accurate portrayal of network health.
7. Comcast proposes to abandon a time-division multiplexing (TDM)-
based metric and advocates using a bandwidth-based metric instead.
Comcast advocates for the adoption of a ``bandwidth-based standard,
such as 1GB outage that lasts for at least 30 minutes.'' Comcast
further suggests that its approach can accommodate future changes more
readily than a TDM-based standard. Verizon disagrees, arguing that more
study is needed to ensure Comcast's platform-shift approach would
capture a ``genuine outage or significant degradation of service,'' and
``apply on a cross-platform basis.''
8. We adopt our proposals to (i) change the metric and threshold
for major facility outages from a DS3-based to an OC3-based metric, and
(ii) adjust the threshold to 667 OC3 user minutes accordingly. There is
substantial record support for moving our metric to a standard based on
higher capacity levels (e.g., to OC3 or higher). These changes update
our major transport facility reporting to reflect prevalent
technological changes in networks, and do so in a logical and
technologically neutral manner. Compliance with this revised metric
shall begin no later than 6 months after the Effective Date of the
rules.
9. Moreover, multiple commenters agree that providers have been
moving a majority of their traffic onto larger fiber facilities, a
trend that is likely to continue. Thus, although a DS3-based
[[Page 45057]]
metric may have been the right standard for 2004's predominant
technology for major transport, it is no longer appropriate. At this
time, adjusting the metric to OC3 will streamline the reporting in
general, a benefit both to providers and the Commission alike through
reduced reporting of minor incidents, allowing time and resources for
an increased focus on meaningful outage reporting that is more likely
to have a user material impact.
10. At this time, we are not persuaded by those commenters who
advocate for a higher OC level. An OC3-based metric will generate the
visibility into the network components that an OC12-based metric may
not, as it would capture access circuit outages for business customers.
Setting a metric at OC12 would provide the Commission with limited,
inadequate visibility into major transport facility infrastructure and
related outages, i.e., those beyond the network core. Further, we
recognize that some networks may utilize OC3 circuits as access
circuits and others may utilize them for interoffice facility traffic,
and so an OC3-based metric may not provide the same degree of
visibility into operational health for all providers' networks.
Nevertheless, we believe that basing our outage reporting requirements
at the OC3 level ``or their equivalents'' as proposed in the Notice
captures the important communication disruptions in networks large and
small, regardless of providers' OC3 circuit usage. Moreover, an OC3
metric allows the Commission to better focus on outage trends that may
uniquely affect small and medium-sized businesses, whose traffic is
often transported over OC3 facilities. Therefore, we adopt an OC3
metric for major facility outages.
11. In doing so, we affirm the importance of an independent outage
reporting requirement for major transport facility failures. Through
the collected information on the ``potential impact on all
communications services of major infrastructure failures,''
specifically information about ``infrastructure components having
significant traffic-carrying capacity,'' as the part 4 rules were
intended to capture, our work has led to increased collaborative
efforts with providers and a more efficient mitigation of outage
trends. AT&T's proposal to eliminate major transport facility reporting
requirements assumes that (1) our 900,000 user-minute threshold
captures the same visibility of major transport facilities as our
current DS3 metric and threshold, and that (2) providers only use OC3
circuits as access circuits to conclude that the adoption of our
proposal would lead to duplicative reporting. While a few communication
disruptions may be reportable outages because they meet both thresholds
(900,000 user minutes; 1,350 DS3 minutes), by having the two metrics
and thresholds we capture outages caused by switch failures or major
transport equipment failures. Therefore, if we eliminated the major
transport outage reporting, we would likely miss communication
disruptions experienced in interoffice transport facilities. Moreover,
while some providers, such as AT&T, may use OC3 circuits as access
circuits, other providers may design their networks differently and
some customers, like small and medium-sized businesses may be uniquely
impacted at the OC3 level. To address networks designed like AT&T's,
the rules adopted today capture communication disruptions experienced
in higher capacity levels than OC3, by defining OC3 minutes using OC3
``or their equivalents.''
12. The adoption of the OC3 metric ensures an appropriate level of
Commission visibility into the resiliency and reliability of critical
infrastructure presently--and for at least the near-to-medium term--in
use in communications networks for major traffic transport. Such
visibility, adjusted to the OC3 level, is an essential component of the
Commission's network reliability and public safety duties. Thus, we
decline proposals to eliminate major transport facility outage
reporting.
13. Finally, two commenters suggest alternative proposals, neither
of which provides the needed visibility into the nation's networks for
the Commission to ensure communications are reliable and resilient.
AT&T's ``working capacity'' proposal would use a measure such as ``the
percentage of the circuit dedicated to voice channels.'' It would thus
require providers to assess whether and when to give the Commission the
major transport facility outage reports it needs. Our current
requirements give clear direction: once a DS3 circuit experiences a
communication disruption for at least 1,350 DS3 minutes and lasts for
at least 30 minutes, the provider must report the outage accordingly.
As announced in 2004, we continue to believe that ``our concern is the
failure of working DS3s regardless of the services being carried or the
fill at the time of the failure.'' Significantly, AT&T's ``working
capacity'' proposal would generate burdens on providers by imposing
measurement mechanisms based on a working capacity metric that, as an
initial step, would require the provider to identify the percentage of
the circuit dedicated to voice channels. It remains unclear whether
other providers can measure working capacity on their facilities at
this time, or the costs involved with such monitoring. It is also
unclear how AT&T's proposal applies in the legacy or the transition
network contexts. Further, AT&T's proposal would constitute a shift
that does not comport with the logic of outage reporting, which
necessarily focuses on what does not work, instead of what does work.
Accordingly, we reject AT&T's ``working capacity'' proposal.
14. Comcast proposes a bandwidth-based standard for major transport
facility outages, as described above. The proposal requires further
study and therefore cannot be the basis to change our metric and
threshold for major transport facility outage reporting at this time.
We agree with Comcast that data traffic makes up an increasingly large
part of bandwidth needs for transport services. We also note that we
are in a state of transition from TDM to IP. This state of transition
requires reporting requirements that are sufficient to capture outages
in both TDM and IP networks, including specifically those outages
impacting physical facilities and network components (e.g., copper and
fiber cables, networking switches and routers). We also believe that
the successful and reliable delivery of IP-based services and
applications (e.g., email) is important. The OC3 metric and 667 OC3
minute threshold adopted today address outages in major transport
facilities carried through TDM-based and SONET facilities. We
nevertheless find that Comcast's proposal has merit and seek further
input on broadband reporting thresholds in the related Further Notice.
Therefore, we decline to adopt Comcast's proposal for a bandwidth-based
standard for reporting at this time.
2. Simplex Outage Reporting
15. Under our current rules, providers must file reports for
simplex event outages lasting five days or more. A simplex event occurs
when a DS3 circuit, designed with multiple paths to provide circuit
resiliency, experiences a failure on one working path. In the Notice,
we proposed to shorten the reporting window for simplex events to 48
hours. As we explained, in recent years the Commission has noticed an
uptick in simplex outage reports, which suggests that our expectations
that providers would implement best practices for resolving such events
when we established the five-day reporting window were not met. Thus,
in the Notice, we concluded that our proposed 48-hour window would
ensure that
[[Page 45058]]
providers properly prioritize service maintenance and restoration in
the event of simplex outages.
16. Most commenters oppose our proposal to reduce the reporting
window from five days to 48 hours. Several commenters argue that
factors such as weather, other hazardous conditions, or the complexity
of repair tasks could render a 48-hour target unattainable in many
cases. Other commenters claim that a 48-hour window would unnecessarily
increase reporting burdens as well as compliance costs without
corresponding benefits. Some commenters maintain that, rather than
tighten the window, the Commission should eliminate outage reporting
for simplex events entirety. And, although Verizon supports the status
quo, it argues that a three-day threshold would be preferable to a 48-
hour threshold as a way to better accommodate service providers'
practices and technician maintenance and work schedules.
17. We conclude that simplex outage reporting remains an important
part of the situational awareness matrix that NORS provides. The
Commission has a responsibility to ensure network reliability and
resiliency, including in major transport facilities designed with a
built-in path protection. Over the years, we have observed a rise in
simplex event outage reports as the rule stands now with the five-day
reporting window, which appears to indicate that providers filing these
reports are not able to repair the simplex events in a period less than
five days.
18. We are persuaded by the record, however, that moving the
reporting window from five days to 48 hours may not strike the proper
balance between providers' best practice-driven repair and maintenance
capabilities and incentives, and the Commission's situational awareness
needs and network reliability-assurance goals through simplex event
outage reports. We acknowledge, as some commenters argue, that factors
such as weather or hazardous conditions impact service repair. We
cannot, however, ignore that extended simplex events jeopardize service
reliability.
19. Accordingly, we adopt a four-day interval for simplex outage
reports. Further, compliance with this revised interval shall begin no
later than six (6) months after OMB approval. In this regard, we reject
proposals by some commenters to maintain the current five-day window,
which we view as inadequate to incent timely repair, and we reject
those calls for eliminating simplex reporting altogether. The
Commission has a responsibility to ensure network reliability and
resiliency, including in major transport facilities designed with
built-in path protection, and simplex reporting is a needed and helpful
tool used to meet this responsibility.
20. Currently, we require that providers report simplex events
lasting longer than 5 days; we have not required reports for events
repaired within five days. A provider may experience a short simplex
event, conduct necessary repairs within five days and not be obligated
to report the event under part 4. We no longer believe that our five-
day reporting window for simplex outages is an adequate measurement
tool to ensure network reliability and resiliency. The four-day
reporting window that we adopt today is designed to alert the
Commission to trends that include significant outages, while also
accommodating Verizon's suggested need for providing a reasonable
amount of time to address the outages before the reporting threshold is
met.
B. Wireless Outage Reporting
1. Calculating the Number of Potentially Affected Users in Wireless
Outages
21. To determine if a wireless network outage is reportable based
on meeting the 900,000 user-minute threshold, a wireless service
provider must calculate the number of users ``potentially affected'' by
the outage. Pursuant to Sections 4.7(e) and 4.9(e), providers should
perform the calculation ``by multiplying the simultaneous call capacity
of the affected equipment by a concentration ratio of 8.'' This call
capacity measurement is typically undertaken at the mobile switching
center (MSC). As wireless technologies have evolved, however, providers
have made different technological and engineering choices, resulting in
a variety of methods by which they measure simultaneous call capacity.
These developments have led to a lack of methodological consistency
among providers in reporting outages. Such inconsistencies compromise
the Commission's ability to detect and analyze wireless network outage
trends.
22. We proposed in the Notice to adopt a more standardized,
technologically neutral method for calculating the number of users
``potentially affected'' by a wireless network outage. Under the first
approach, wireless providers would calculate potentially affected users
by multiplying the number of disabled cell sites by the average number
of users the provider serves per site. Under the second approach,
providers would use the Visitor Location Register (VLR) to determine
the actual number of users that were being served at each affected cell
site when the outage commenced.
23. The majority of commenters support our proposal to adopt a more
standardized method for wireless providers to calculate the number of
users ``potentially affected'' by an outage. While ATIS appreciates our
goal, it does recommend that wireless providers should be allowed to
pick the method they want to use. CCA opposes the proposal on the basis
that it would create two separate metrics, one for Public Safety
Answering Point (PSAP) outages and the other for all other outages,
which would complicate outage reporting or impose administrative
burdens on carriers, particularly smaller carriers with limited staff
support.
24. The majority of commenters also support adopting the first
approach to calculating potentially affected users--multiplying the
number of disabled sites by the average number of users per site.
Commenters universally oppose the VLR option for determining the number
of potentially affected users in a wireless outage. Several commenters
assert the use of the VLR makes the calculation more complex, would
potentially be costly to implement, and would likely lead to
potentially inconsistent reporting. Many commenters also point out that
the VLR is being phased out, as wireless technology advances.
25. We believe that a more standardized, technologically neutral
method for calculating the number of ``potentially affected'' users for
wireless network outages is critically important to ensure consistency
in reporting across providers, regardless of the technological
differences in their networks, and that such consistent reporting will
enhance our situational awareness through more uniform, accurate, and
reliable NORS data. To accomplish these aims, we adopt the first of our
proposed approaches: to determine if an outage meets the 900,000 user-
minute threshold, a wireless provider must multiply the number of macro
cell sites disabled in the outage by the average number of users served
per site, which is calculated as the total number of users for the
provider divided by the total number of the provider's macro cell
sites. For purposes of this calculation, wireless providers should
include only traditional cell tower deployments, i.e., macro cell
sites, and not small cell sites (e.g., femto-cells, pico-cells, and
micro-cells) or other wireless architecture (e.g., Wi-Fi, Distributed
Antenna Systems).
[[Page 45059]]
Compliance with this revised methodology shall begin no later than nine
(9) months after the Effective Date of the rules.
26. We agree with commenters that this approach is simpler than the
current measurement and can be implemented at little to no additional
cost. This simplicity of measurement and implementation promotes
consistent outage reporting that should facilitate accurate analysis of
the NORS data we receive. Conversely, as several commenters noted,
using data from the VLR (i.e., the second approach) would be costly to
implement, less likely to provide consistent data among providers and,
in any event, would be less useful over time because the VLR itself is
currently being phased out.
27. Given that the method we adopt is relatively straight-forward
for carriers to calculate and will result in uniform, consistent
reporting, we disagree with ATIS that wireless providers should be
allowed to pick the method they want to use. Such an approach would
lead to inconsistent data among providers, thwarting the very goal of
adopting the new metric. Also, given that we believe, and providers
tend to agree, that the new method will be easy to implement, we
disagree with CCA that implementing a new, uniform method for
calculating the number of ``potentially affected'' users with wireless
outages would complicate outage reporting or impose administrative
burdens on carriers, particularly smaller carriers with limited staff
support. Although we are sympathetic to CCA's concern that wireless
providers will have to use one calculation for wireless outages
generally and another for those affecting PSAPs, the scenarios are
different and warrant different treatment. One calculation ensures the
Commission has situational awareness of network health holistically,
while the other provides direct public safety/emergency preparedness
awareness through 911-specific outage reporting. We intend to monitor
the need to revisit this reporting scheme based on experience, as small
cells become capable of covering more capacity.
28. Finally, we note that Verizon and T-Mobile each propose
alternatives that depart from using the ``user-minutes'' standard.
Verizon suggests simply notifying the Commission whenever 30 macro cell
sites go out in a particular geographic area, such as a Cellular Market
Area (CMA) or Partial Economic Area (PEA). We believe the approach we
adopt effectively achieves Verizon's simplicity objectives through per-
cell site reporting, maintaining the user-minute reporting standard
common across various platforms (wireless, wireline, VoIP, satellite,
etc.). Moreover, Verizon's threshold of 30 cell sites within a CMA or
PEA would not cover many--if not most--rural areas. T-Mobile advocates
allowing carriers to measure outages ``using real-time data where
technically feasible,'' and when it is not feasible, to use the
approach we adopt herein. We are concerned that, too often, such data
will not be available, which will result in only a few carriers
reporting using this data, resulting in the kind of reporting
inconsistency we seek to avoid.
2. Calculating the Number of Potentially Affected Wireless Users for
Wireless Outages Affecting a PSAP
29. Under our rules, wireless service providers must report any
outage of at least 30 minutes duration that ``potentially affects'' a
911 special facility (i.e., PSAP). An outage potentially affects a 911
special facility whenever, among other things, there is a loss of
communications to a PSAP potentially affecting at least 900,000 user
minutes. Shortly after the Commission adopted part 4, Sprint asked for
clarification of this requirement when a wireless outage affects only
some of the subtending PSAPs. Specifically, Sprint proposed that
wireless providers be able to allocate the users covered by the MSC
equally among the number of subtending PSAPs affected by the outage.
30. Sprint's proposed method of allocation, however, does not take
into account the fact that PSAPs vary greatly in the number of users
served. Therefore, in the Notice we proposed that wireless providers
can allocate capacity when only one subtending PSAP is affected, but if
they do, they must do so in reasonable proportion to the size of the
PSAP in terms of number of users served. As we stated in the Notice,
this calculation method is consistent with what we observe to be the
current reporting practice of most providers. Several commenters
support our proposal to allocate capacity to each subtending PSAP in
reasonable proportion to its size in terms of number of users served.
31. We adopt our proposal and allow wireless providers to allocate
capacity when an outage only affects some PSAPs served by an MSC, so
long as the allocation is done in reasonable proportion to the size of
the subtending PSAP(s) in terms of number of users. As noted by the
California Public Utilities Commission (CPUC), PSAPs vary greatly in
size nationwide, and allocating capacity to subtending PSAPs will limit
reporting to those significant outages that potentially impact public
safety and for which the rules are intended. In determining the number
of potentially affected users served by a PSAP, providers can use
various sources for the data so long as the method they choose provides
a reasonable estimate of the relative size of the PSAP and can be
occasionally updated. Reasonable estimates could be based on but are
not limited to the following sources: the subtending PSAPs' relative
size determined by using the number of 911 calls sent to the PSAP on a
historical basis; the number of 911 calls to each PSAP during the
outage (if available in real time); or the population served by each
PSAP determined either through subjective data or extrapolated from
census or other objective data sources that would be relied upon by a
population statistician. Any of these methods should account for the
relative size of the PSAP affected by the outage. Compliance with this
revised allocation standard shall begin no later than nine (9) months
after the Effective Date of this requirement.
32. We decline to adopt an across-the-board allocation standard,
such as Sprint apparently suggests; however, providers may use the
Sprint allocation approach or an alternate method that provides a
reasonable estimate of the relative size of the PSAP. Providers must
inform the Commission, in writing, of the approach they are using via
the first NORS filing in which they are reporting data based on their
approach. While Sprint's approach may be simple to calculate, dividing
simply by the number of subtending PSAPs would not capture the
significance of the outage. Only by allocating capacity based on the
size of the PSAP will the estimate reflect an accurate picture of the
size of the outage. We recognize, as ATIS and CTIA note, PSAP
boundaries can fluctuate and the number of users allocated to the PSAP
may change. Based on our experience dealing with PSAPs on a regular
basis, we do not anticipate that these fluctuations will be significant
or occur frequently, although the Commission would revisit this issue
in the future if necessary. So long as the method reasonably captures
the relative size of PSAPs, the method of allocation will be acceptable
and, to the extent that it is needed, providers can work with
Commission staff informally for further guidance.
[[Page 45060]]
C. Call Failures--Reporting on Outages That Significantly Degrade
Communications to PSAPs
33. On January 26, 2011, a significant snow and ice storm hit the
Washington, DC metropolitan area, causing widespread problems for all
affected counties and cities in a several hundred mile swath from
central Virginia through Baltimore, Maryland. These problems included
the failure of roughly 10,000 wireless 911 calls carried over a major
wireless provider's network to reach PSAPs in Montgomery and Prince
George's Counties, Maryland. The provider did not report these outages,
nor the problem(s) that caused them, to either the Commission or to
affected PSAPs.
34. Inquiry into the outages revealed the root cause: cascading,
``wink'' failures of the Centralized Automatic Message Accounting
(CAMA) trunks used in the provider's 911 network architecture. ``Wink''
failures occur when a selective router attempts to deliver a 911 call
to a PSAP over an idle trunk, but the hand-off protocol between the
router and the PSAP (the ``wink'') ultimately fails. More specifically,
this means that the PSAP's customer premises equipment (CPE) fails to
communicate to the selective router that it is ``off-hook'', i.e., open
and able to receive ANI and ALI information associated with the 911
call. This can occur when the CPE fails to recognize quickly enough
that a 911 caller has disconnected--i.e., that an ``on-hook'' condition
has become an ``off-hook'' one--and, thus, that that a new 911 call can
be received (``seized''). The result is a miscommunication that that
particular trunk is unavailable to receive a call from the 911
selective router (a ``no-wink'' failure), which then pushes the call to
the next best available trunk. If a call is re-presented to the
original trunk that had the no-wink failure (as is common in heavy call
volume periods) and the same problem occurs (a ``double wink''
failure), the 911 selective router will stop attempting to deliver
calls via that trunk. If a heavy call volume event persists, the
problem can cascade to all trunks serving a PSAP, leading to reduced,
or total loss of, call-handling capacity within the trunk groups
serving a particular PSAP. CAMA trunk arrangements are commonly used in
legacy wireline network architecture for 911 call delivery, so the
``wink'' failures during the January 2011 storm are not specific to the
provider's network trunk arrangements.
35. In the Notice, the Commission proposed to codify in part 4 how
to address this situation, and asked commenters to discuss specific
rules proposed toward that end. Specifically, we sought comment on
whether to amend Section 4.5(e)(1) to specify when ``degradation of
communications to a PSAP constitutes a reportable outage'' under part
4. By doing so, we rejected the notion that PSAP-related outages need
only be reported ``when a PSAP is rendered unable to receive any 911
calls for a long enough period to meet the reporting threshold.'' We
proposed revising Section 4.5(e)(1) to provide that ``any network
malfunction or higher-level issue that significantly degrades or
prevents 911 calls from being completed constitutes a `loss of
communications to PSAP(s),' regardless of whether the PSAP is rendered
completely unable to receive 911 calls.''
36. Many public safety, state, and carrier commenters agree that
the Commission should specify the circumstances under which a ``loss of
communications'' to PSAPs rises to the level of ``significant
degradation'' such that it would be reportable under part 4. APCO
advises that ``knowledge of a significant degradation of service short
of a complete failure is of high value to PSAPs and emergency
managers,'' a sentiment echoed by NASNA, which believes that ``it
should not matter'' whether a PSAP has suffered a complete or only a
partial loss of ability to receive 911 calls.
37. Comcast, CenturyLink and XO Communications do not oppose such
an approach, so long as the Commission (i) does not require reporting
when re-routing is available for all calls to PSAPs, (ii) requires
reporting only when an outage that meets the 30 minute/900,000 user
minutes threshold ``actually'' impacts emergency call handling or
completion, and (iii) gives providers sufficient lead time to make the
necessary adjustments to ensure compliance (e.g., through properly
configuring alarms on trunks, etc.).
38. On the other hand, wireless providers are largely opposed to
the proposal to include ``loss of communications'' to PSAPs under
Section 4.5(e). Sprint opposes the proposed rules on the grounds that
``CMRS providers do not have visibility into PSAP facilities on the
PSAP side of the point of demarcation, so CMRS providers would not be
able to report on whether a PSAP is experiencing an issue that
significantly degrades or prevents 9-1-1 calls from being completed.''
Several providers maintain that part 4 reports should only be required
where a PSAP is completely unable to receive 911 calls.
39. Part 4's purpose is to collect information on ``service
disruptions that could affect homeland security, public health or
safety.'' To meet this goal, the rules must include the kinds of 911
call-impacting trunk failures at issue in the January 2011 DC area
storm. Indeed, subsequent work done by the Commission (and, eventually,
by industry vis-[agrave]-vis ATIS) to identify, study and develop
solutions to the CAMA trunk failures is a model of what could--and
should--have happened under part 4: A ``systematic analysis of the
conditions that le[d] to [significant communications] degradations
[that] help[ed] reveal potential solutions.'' The ability to analyze,
develop solutions, and work with providers to implement those solutions
enhances public safety.
40. With respect to 911-related outages, our rules are quantitative
and qualitative in scope and application, and define reportable outages
both in terms of total connectivity failure and qualitative failures.
Consistent with that approach, we adopt the proposal in the Notice to
specify that a ``loss of communications'' should trigger part 4
reporting obligations in the same way as a ``network malfunction or
higher-level issue that significantly degrades or prevents 911 calls
from being completed to PSAPs.'' We provide that a ``loss of
communications'' occurs when at least 80 percent of a 911 service
provider's trunks serving a PSAP (i.e., trunks over which the 911
service provider has control) become impaired to the point that they
cannot support 911 call delivery in accordance with the Commission's
rules, including the information typically delivered with 911 calls. In
other words, a 911 service provider would not need to report when 80
percent of its trunks go down if the remaining 20 percent could support
delivery of 911 calls, including the number and location information,
but it must report if not all 911 traffic can be re-routed, or if the
re-routed traffic cannot be delivered without stripping it of number or
location information. We disagree with Comcast that the Commission must
further define ``impairment'' of a 911 call for service providers to
comply with the reporting rules. Moreover, this approach maintains the
thrust of the rule as currently written: If sufficient re-routing is
available for all affected 911 calls and no necessary information is
stripped from those calls, then providers are not required to report to
the Commission, irrespective of the percentage of available trunk
capacity.
41. We find this to be a clear, objective metric about which 911
service providers would ``become reasonably aware pursuant to normal
business practices,'' such as the
[[Page 45061]]
installation and monitoring of trunk alarms. We do not intend to list,
define, or otherwise impose particular compliance solutions for
providers, consistent with the Commission's long-standing practice of
deferring to network service providers in the design and engineering of
their networks. Trunk alarms are already ubiquitous as a network
reliability ``best practice,'' and would presumably enable providers to
determine when the 80 percent threshold is approaching or is reached in
a given event. We acknowledge Sprint and Verizon's comments about
needing visibility into trunks to know when a ``loss in
communications'' occurs, but we note that this rule applies to 911
service providers, which, by definition, do have visibility into such
trunks. We also believe that this metric strikes a fair balance between
proposals from the public safety community who believe the bar should
be set as low as possible and include even non-critical outages, and
911 service providers who want only to report in instances of complete
911 call failure across all trunks (which would not include the January
2011 incident described above).
42. We also agree with CenturyLink that an 80 percent threshold
will not be overly burdensome so long as providers are given the lead
time necessary to manage the costs of solution development and
implementation needed for their particular networks. To allow time for
compliance with other 911-related Commission requirements, CenturyLink
initially proposed a one-year implementation deadline for this
requirement. We recognize that some providers will be able to move
faster and achieve compliance well before one year, given present or
scheduled investments in necessary facilities, but others will need
more time to comply with the requirements. Further, we note that
providers have had ample time to comply with the requirements
underlying CenturyLink's concern, but we nevertheless feel a one-year
implementation timeframe is appropriate to allow flexibility for
smaller carriers. Thus, because it does not interfere with other part 4
reporting requirements, we find that a one-year implementation
timeframe should be sufficient for both small and large providers to
achieve compliance, and incorporate that timeframe into our rules.
Accordingly, compliance with this revised metric shall begin no later
than one year after OMB approval.
43. Finally, we disagree with CTIA's argument that our concerns are
``speculative'': The 10,000 911 call failures associated with the
January 2011 DC area storm had a significant real world impact but was
nevertheless deemed non-reportable by a licensee. Nor do we believe our
proposals are ``unworkable'': 911 service providers should reasonably
be expected to have adequate visibility into PSAP trunk failure.
D. Special Offices and Facilities
1. Identifying Special Offices and Facilities
44. A major underlying goal of outage reporting generally, and for
reporting on ``special offices and facilities'' in particular, is for
the Federal government--including Federal government users--to have
situational awareness of events that impact homeland security and the
nation's economic well-being. When the Commission adopted rules in
2004, the Commission deferred to the National Communications System
(NCS) to determine which facilities would be considered major military
installations or key government facilities, and would, under certain
conditions, report ``mission-affecting outages'' to the NCS. The NCS
would in turn forward reports of those outages to the Commission.
However, the NCS was dissolved in 2012. Accordingly, in the Notice, the
Commission sought comment on how it should thereafter identify
``special offices and facilities'' for part 4.
45. We note that reporting requirements applicable to ``special
offices and facilities'' have been an integral part of part 4 since the
rules' adoption in 2004. As it relates to covered airports, the rules
stated that all outages lasting 30 minutes or longer that ``potentially
affect communications'' must be reported, and that ``mission-affecting
outages'' to certain government facilities and military installations
(as determined by NCS) also were covered by part 4.
46. We proposed to classify as ``special offices and facilities''
those facilities enrolled in or eligible for the Telecommunications
Service Priority (TSP) Program, which prioritizes the restoration and
provisioning of circuits used by entities with National Security/
Emergency Preparedness (NS/EP) responsibilities and duties. We also
asked whether there were alternative classification frameworks that
would be more suitable, including broadening the scope of the
definition of ``special offices and facilities'' to include those
facilities that are guaranteed priority restoration under ``TSP-like''
provisions in service-level agreements. We concluded by requesting
comment on our assumption that redefining the term ``special offices
and facilities'' to include some variant of TSP-enrolled and/or-
eligible facilities would not have an appreciable cost impact.
47. Comments on our ``special offices and facilities''
classification proposal range from a call to eliminate reporting all
together, to multiple alternatives for identifying the subject
facilities. Most commenters who oppose the special facilities reporting
proposal (to include all TSP enrollees and eligible participants) feel
that it would subject too many entities to the rules, without a
corresponding increase in public safety or situational awareness; would
needlessly divert a provider's resources to tracking down and tagging
circuits; and would require providers to identify tens of thousands of
new, potentially TSP-eligible parties.
48. Many commenters express support for our proposal so long as the
Commission limits applicability of the rules to entities that are (1)
enrolled in the TSP program, and (2) only those designated at the
highest TSP priority levels (i.e., Levels 1 and 2). In its comments,
Comcast suggests that the Commission include, in any new or amended
rule, only those TSP participants that constitute ``major military
installations'' or ``key government facilities'' as ``special offices
and facilities:''
For the most part, such entities will be those enrolled in TSP
priority Level 1 or Level 2. Extending the definition to all
entities that are enrolled in the TSP program, irrespective of
priority level, would flood the Commission with reports related to
outages that do not actually impact a ``special office or
facility.'' Although such offices and facilities unquestionably are
important and should be part of the TSP program, reporting outages
that affect such facilities, rather than ``major military
installations'' or ``key government facilities,'' risks obfuscating
truly critical outages.
49. As a preliminary matter, we reject comments suggesting the
``special offices and facilities'' reporting rule itself is outdated
and ought to be eliminated altogether. Under the rules that have been
in place since 2004, neither the NCS nor its member agencies appear to
have followed the applicable portions of Sections 4.5 (on self-
identification as a ``special office or facility'') and 4.13 (on member
agencies reporting qualifying outages to the NCS, and NCS using its
discretion to forward those outage reports to the Commission), so that
previous ``special offices and facilities'' formula did not work as the
Commission intended. We do not believe, however, that this fact in and
of itself signifies that reporting outages at special offices and
facilities is
[[Page 45062]]
not useful. Rather, we should fix the rule, not eliminate it, to
facilitate its original goals. Reporting on ``special offices and
facilities'' (as amended) is an important component in our efforts to
promote public safety.
50. Today, we characterize ``special offices and facilities'' as
those enrolled in Levels 1 or 2 of the TSP program. To close the
significant reporting gap on special offices and facilities, we
proposed initially to classify all facilities enrolled in, or eligible
for, the TSP program as ``special offices and facilities'' for part 4
reporting purposes. As we observed in the Notice, the TSP program
prioritizes the restoration and provisioning of circuits used by
entities with NS/EP responsibilities and duties and comprises five
priority levels, with Levels 1 and 2 reserved for critical national
security and military communications and the remaining levels dedicated
to the protection of public safety and health and the continued
functioning of the economy. As the Bureau previously has noted,
``[v]ery few circuits receive a TSP priority Level 1 or Level 2
assignment.'' Compliance with this requirement shall begin no later
than eighteen (18) months after OMB approval.
51. We believe that outages affecting highest-priority TSP
enrollees (i.e., Levels 1 and 2) are the types of outages for which we
must have situational awareness; the communication security of TSP
enrollees affects our nation's security leadership and posture, its
public safety and public health, and our national economic system, and
the Commission must be aware of any trends, through NORS analysis, that
relate to certain TSP enrollees. As commenters note, were we to adopt a
formula to cover all entities that were either enrolled or eligible to
be enrolled in the TSP program, the number of reportable events would
overwhelm both the covered parties and available Commission resources,
with no concomitant increase in public safety or national security.
Even to include parties that are enrolled at all priority levels in the
program would have posed significant challenges. Thus, we believe
limiting coverage to only Levels 1 and 2 strikes an appropriate balance
between the untenable position of eliminating any rules applicable to
``special offices and facilities,'' and extending the rules to all
entities that are enrolled or eligible to be enrolled in the TSP
program at any of the five priority levels, which we concede could
incur a significant cost for a minimal benefit. We find that limiting
our rule to Levels 1 and 2 will not present widespread technical,
administrative, or financial burdens to covered parties.
2. Section 4.13
52. Section 4.13 directs special offices and facilities to report
outages to the now-dissolved NCS, which could then forward the reported
information to the Commission at its discretion. Because our rules
separately impose requirements on communications providers to report
outages that potentially affect ``special offices and facilities,'' and
in light of the elimination of the NCS, we proposed deleting Section
4.13 ``as redundant with respect to information that providers are
already required to supply, and obsolete with respect to obligations
regarding the NCS.''
53. We agree with commenters that we should remove Section 4.13
from our rules as redundant of other provisions within part 4, and
accordingly will delete it. While supporting elimination of Section
4.13, AT&T added that we should incorporate elsewhere in the rules a
requirement that ``affected facilities'' initiate contact with the
communications provider about the disruption in service. We decline to
adopt AT&T's proposal, finding it would unnecessarily preclude
alternative methods that providers may use to receive information about
outages without corresponding benefit.
3. Airport Reporting Requirements
54. Airports included in the Federal Aviation Administration's
(FAA) National Plan of Integrated Airports Systems (NPIAS) are
designated as falling into one of four categories: Primary commercial
service (PR), non-primary commercial service (CM), reliever (RL), and
general aviation (GA). Currently, airports designated as PR, CM, and RL
are defined as ``special offices and facilities'' for purposes of
Section 4.5(b) of the Commission's rules, and so are subject to outage
reporting requirements set forth in Sections 4.11 and 4.13 of the
Commission's rules that do not apply to outages affecting other kinds
of facilities.
55. In the Notice, we proposed two significant changes to our
reporting requirements for outages that affect airport communications.
First, we proposed amending Section 4.5(b)'s definition of the types of
airports considered as ``special offices and facilities,'' to narrow
its focus to airports designated as PR. Second, we proposed to clarify
that reportable outages are those that impact ``critical
communications'' at those airports.
56. Regarding narrowing the scope of airports to only those
designated ``PR,'' we noted that most reports concerned outages not
significant enough to pose a substantial threat to public safety,
particularly at smaller regional airports, and thus we sought comment
on amending the definition of ``special offices and facilities'' to
exclude all airports other than those designated ``primary commercial
service'' airports (i.e., the nation's most heavily trafficked
airports, where even minor degradations in critical communications can
pose grave threats to public safety and national security) in the
NPIAS.
57. With respect to our proposal to clarify that only outages that
potentially affect critical communications at an airport should be
reported, we sought comment on defining the phrase ``critical
communications.'' From 1994 through 2004, under 47 CFR 63.100(a)(6),
the Commission defined outages affecting ``critical communications'' at
airports. We also noted that, were we to clarify that our intent was to
receive reports only of outages that affected critical communications
at airports, then few (if any) outages at an airport would rise to the
threshold of being reportable, which in turn would represent an
affirmative cost savings to communications providers.
58. In 2004, the Commission proposed to incorporate, but ultimately
did not adopt, the Part 63 definition of an outage that ``potentially
affects'' an airport:
(i) Disrupts 50 percent or more of the air traffic control links
or other FAA communications links to any airport; or
(ii) has caused an Air Route Traffic Control Center (ARTCC) or
airport to lose its radar; or
(iii) causes a loss of both primary and backup facilities at any
ARTCC or airport; or
(iv) affects an ARTCC or airport that is deemed important by the
FAA as indicated by FAA inquiry to the provider's management
personnel; or
(v) has affected any ARTCC or airport and that has received any
media attention of which the communications provider's reporting
personnel are aware.
59. Most commenters agree that we should adopt the proposal in the
Notice to narrow the scope of airports to only those designated PR in
NPIAS. On the issue of the types of communication outages that would be
reportable, commenters agree that only outages that potentially affect
critical communications at an airport should be considered, but raised
some concerns. CenturyLink, for example, notes that while it generally
supports the proposal to clarify what constitutes ``critical
[[Page 45063]]
communications,'' ``there is some question on the details of the NPRM's
proposal to define what outages potentially affect an airport and would
be reportable,'' believing the 2004 Part 4 NPRM definition was not
sufficiently clear on how providers would be able to assess when 50
percent of an airport's air traffic control links are disrupted, along
with vagueness on how providers would be notified of airports ``deemed
important'' by the FAA.
60. On whether to narrow the scope of airports covered by our
rules, we agree that the rule as currently written is unnecessarily
broad. The airport-originating reports received by the Commission in
recent years have generally related to outages within the retail
sections of an airport. We agree with commenters that requiring
providers to report these outages represents a substantial financial
and administrative burden on those providers. Moreover, we do not
believe that eliminating communications outage reporting from non-
primary commercial service and reliever airports will negatively impact
the safe operation of our nation's airports and air travel system. We
therefore amend Section 4.5(b) to limit the requirement of reporting
outages that ``potentially affect'' an airport to only those determined
by the FAA to provide primary commercial service.
61. On the issue of limiting the type of communications subject to
this rule, we clarify that our concern is only with outages that
potentially affect critical communications at covered airports. We note
that the Commission first adopted the ``five-point'' definition in
1994, to provide clarity and thoroughness in reporting, as 47 CFR
63.100(a)(6), although it did not apply this definition in 47 CFR part
4.5(c). In the Notice, we posited that, even though the Commission
refrained from adopting it in 2004, the definition from former rule 47
CFR 63.100(a)(6) would be appropriate to make clear that for reporting
purposes, only outages that impact critical communications at an
airport are of concern. We find that the concerns raised by CenturyLink
about ambiguity in the definition from the 2004 Part 4 Notice are
unfounded. Regarding CenturyLink's concern about a provider's ability
to ascertain when 50 percent of an airport's control links are
disrupted, we conclude that providers have sufficient ability to
quantify outages at this level, which is a rational expectation of a
provider's network monitoring practices and capability. Thus, the
definition the Commission adopted in 1994 in part 63, used through
2004, and proposed to incorporate into Part 4 in 2004, and does
incorporate here, provides necessary and sufficient clarity. We note
that Section 63.100(a)(6) had long been in force and that carriers
should already be familiar with this definition. For example, we note
Sprint's 2004 petition for reconsideration requesting that the
Commission, inter alia, require reporting only in those scenarios
defined by the ``previous outage reporting rules, see 47 CFR
63.100(a)(6).'' Regarding CenturyLink's concern regarding whether an
airport has been deemed ``important'' by the FAA, we believe our
narrowing the scope of airports covered by our rules resolves this
issue, adding only that providers that serve airports must make
themselves aware of the category of those airports (i.e., we do not
anticipate or expect the airport itself to notify providers as to the
airport's FAA classification).
62. We note that commercial aviation is increasingly dependent on
information systems that are not collocated with airport facilities and
invite comment in the related Further Notice as to whether non-airport
critical aviation information facilities should be eligible for outage
reporting perhaps as enrollees in the previously mentioned TSP Levels 3
and 4.
4. Reporting Obligations of Satellite and Terrestrial Wireless Service
Providers as to ``Special Offices and Facilities''
63. In 2004, the Commission determined that because the critical
communications infrastructure serving airports is landline-based,
satellite and terrestrial wireless communications providers were exempt
from reporting outages potentially affecting airports. CTIA, Cingular
Wireless and Sprint each filed petitions arguing that wireless
providers should be exempt from reporting outages pertaining to all
other ``special offices and facilities,'' on the grounds that the
rationale for excluding wireless carriers from outage reporting for
airports applies equally to all special offices and facilities, that
is, that wireless carriers lacked dedicated access lines to all special
offices and facilities. In the Notice, we asked whether, in spite of
the continued growth in the use of wireless networks, we should extend
the satellite and terrestrial wireless exemption to all ``special
offices and facilities.''
64. Commenters on this issue all agree that the current exemption
afforded satellite and terrestrial wireless providers with respect to
airports ought to be retained, and that such providers further should
be exempt from reporting outages potentially affecting all special
offices and facilities. Sprint supports extending the wireless
providers' exemption to all special offices and facilities, arguing
that, as with airports, ``the communications infrastructure serving
other special offices and facilities remain primarily `landline based,'
'' and that unless a wireless carrier provides a dedicated access line
to a special office or facility, it has no way of knowing whether one
of its phones was being used by personnel at such office or facility.
65. Although wireless service has become ubiquitous in many
respects throughout the United States, we have not observed special
offices and facilities adopting such service for their critical
communications, and otherwise abandoning wireline-based communications.
As CTIA points out, the Department of Defense (DoD) commented in our
Technology Transitions proceeding that DoD and federal executive
agencies continue to rely heavily on wireline TDM-based networks and
services and would do so for the foreseeable future. We will,
therefore, continue to exempt satellite and terrestrial wireless
providers from reporting outages potentially affecting airports, and
will extend that exemption to all special offices and facilities. To
the extent our decision today responds affirmatively to the requests of
CTIA, Cingular, and Sprint to exempt wireless carriers from being
required to report outages potentially affecting all special offices
and facilities, we grant their petitions.
E. Information Sharing
66. Section 4.2 of our rules provides that reports filed in NORS
are presumed confidential, and thus withheld from routine public
inspection. This presumption recognizes both the ``likelihood of
substantial competitive harm from disclosure of information in outage
reports'' and the Commission's concern that ``the national defense and
public safety goals that we seek to achieve by requiring these outage
reports would be seriously undermined if we were to permit these
reports to fall into the hands of terrorists who seek to cripple the
nation's communications infrastructure.'' The Commission routinely
shares NORS reports with the Office of Emergency Communications at the
Department of Homeland Security (DHS), which may ``provide information
from those reports to such other governmental authorities as it may
deem to be appropriate,'' but the Commission does not share NORS
information directly with state governments. In 2009, the CPUC filed a
petition requesting that the Commission amend
[[Page 45064]]
its rules to permit state agencies to directly access the NORS
database.
67. The Notice proposed to grant state governments ``read-only
access to those portions of the NORS database that pertain to
communications outages in their respective states,'' conditioned on a
certification that each state ``will keep the data confidential and
that it has in place confidentiality protections at least equivalent to
those set forth in the federal Freedom of Information Act (FOIA).'' The
Commission sought comment on this proposal, as well as whether states'
use of NORS data should be restricted to activities relating to its
``traditional role of protecting public health and safety'' and, if so,
what activities such a role would encompass. In addition, the
Commission sough comment on whether information collected under part 4
should be shared directly with the National Coordinating Center for
Communications (NCC), a government-industry initiative led by DHS
representing 24 federal agencies and more than 50 private-sector
communications and information technology companies.
68. Commenters generally support providing state and federal
officials with direct access to NORS, as long as there are sufficient
security and confidentiality protections to prevent disclosure to
competitors or hostile parties. The National Association of Regulatory
Utility Commissioners, for example, notes that it unanimously adopted a
resolution in support of the CPUC Petition, adding that ``[w]hile
California filed the Petition on its own behalf, and some States do
receive certain outage information directly from carriers, all States
share the need for immediate, secure and confidential access to the
service outage detail provided in NORS.''
69. Commenters disagree, however, on many of the details of
implementation for sharing information with state entities, including
the nature and extent of confidentiality measures and whether the
Commission should attach conditions to the use of information obtained
from NORS. Service providers argue for a broad range of conditions such
as: Limitations on the number and job description of state personnel
with access to NORS; security training or nondisclosure agreements for
such personnel; data breach notifications to the Commission, to
affected service providers, or to both; tracking or auditing of states'
use of NORS information; and loss of access or other penalties for
states that fail to maintain confidentiality. Industry commenters also
question whether a certification of confidentiality protections ``at
least equivalent to FOIA'' would be an effective safeguard in light of
variations in state open records laws and the tendency of some state
courts to construe such laws in favor of disclosure. Consequently,
several commenters urge the Commission to explore mechanisms other than
FOIA and its state equivalents as a basis for stronger legal
protections for NORS data.
70. Some commenters urge the Commission to preempt state open
records laws to the extent they could allow disclosure of NORS
information, while others suggest ``a rule with language similar to the
statutory language that Congress enacted to govern a federal agency's
sharing of homeland security information with a state government.''
Commenters point to several other contexts in which the Commission has
shared information on a confidential basis with state counterparts,
such as the existing processes for sharing state-specific Form 477 data
on broadband subscribership and numbering resources from the North
American Numbering Plan Administration. But the record also reflects
concerns that these models may be inadequate to provide states with
real-time access to NORS data or to provide state-specific data on
outages affecting multiple states. Intrado further suggests that outage
information could not realistically be shared with states on a
confidential basis without an extensive redesign of the NORS database
and associated form fields.
71. States and service providers also dispute whether use of NORS
data should be limited to the states' ``traditional role of protecting
public health and safety,'' a phrase that first appeared in the CPUC
Petition but here receives support from industry commenters as a
condition on states' access to NORS. AT&T, for example, comments that
``the Commission should restrict state commissions' use of the NORS
data to evaluating the cause of outages to monitor communications
network functionality within a state.'' State governments generally
agree that they should only receive information on outages within their
geographic boundaries but oppose other limitations on their use of NORS
data. Michigan, for example, asserts that ``[r]estricting the
information that states can access regarding service outages would
obscure the true picture of the providers' services . . . rendering the
reporting--and any conclusions drawn thereon--incomplete.''
72. Commenters also disagree on the extent to which direct access
to NORS data should replace state-level outage reporting requirements.
Without routine access to NORS data, many states independently require
communications providers to file network outage reports with their
public utility commissions or similar agencies. Industry commenters
argue that ``sharing appropriate data with state agencies could
minimize the burden on providers for filing multiple reports given that
the content of some state outage reporting overlaps with Part 4
reporting,'' but also that ``the Commission should condition a state's
access to NORS data on the state's waiver or elimination of any
independent outage reporting requirement imposed by state law.''
Intrado further contends that ``[d]ual reporting is unnecessary, unduly
expensive and inappropriate,'' and that ``[n]ot every state needs
access to NORS.'' State commissions tend to disagree, generally arguing
that states should remain free to adopt their own independent
requirements.
73. The record reflects broad agreement that state and federal
partners would benefit from more direct access to NORS data, and we
conclude that such a process would serve the public interest if
implemented with appropriate and sufficient safeguards. But, with
competitively sensitive information and critical communications
infrastructure at stake, we also conclude that this process requires
more careful consideration of details that may determine the long-term
success and effectiveness of the NORS program. Accordingly, while we
agree that other FCC processes may be helpful models in developing
appropriate procedures for sharing NORS data, we are not persuaded that
existing processes for information sharing can be replicated in the
context of NORS without important refinements.
74. In light of the significant security and confidentiality
concerns described above, as well as federalism concerns that may be
inherent in any national coordination of outage reporting requirements,
we find that the Commission's part 4 information sharing proposals
raise a number of complex issues that warrant further consideration. We
seek comment in the related Further Notice with respect to how NORS
data from broadband providers could be properly shared with state and
federal entities other than DHS, including instances where state law
may prohibit information sharing. Furthermore, to assist the Commission
in addressing these issues, we direct the Bureau to study these issues,
and develop proposals for the Commission consideration regarding how
NORS
[[Page 45065]]
filings and information collected from all part 4 providers could be
shared in real time with state commissions, with other federal
partners, and with the NCC, keeping in mind current information sharing
privileges granted to DHS.
F. Cost-Benefit Analysis
In the Notice we provided estimates of the annual industry-wide
cost of adoption of the proposed rules. In total, we estimated that
industry-wide reporting costs would fall by $307,520 due to a net
decrease of 1,922 reports per year. While several commenters argued
that our per-report cost estimates were too low, only AT&T provided a
revised quantitative estimate. AT&T argued that it spends approximately
twelve hours to prepare and file outage reports, in contrast to our
estimate of two hours. Although we are not convinced that twelve hours
are necessary, we note that using AT&T's figure, the resulting decrease
in costs would be six times our estimate, or $1,845,120. In either
case, we conclude that the rule changes adopted in this Report and
Order will have the overall effect of reducing reporting costs.
75. As to benefits, our part 4 rules enhancements will ensure the
Commission receives the appropriate type and quality of outage and
operational status information to allow us to continue to fulfill our
statutory obligation to promote ``safety of life and property'' by
protecting the nation's communications networks. The current part 4
outage reporting rules played a significant and well-documented role in
the Commission's successful efforts to promote more reliable and
resilient communications networks. The Commission's receipt of data on
major transport facility outages, wireless outages, outages that
significantly degrade communications to PSAPs, and outages affecting
special offices and facilities will enable it to adapt this established
practice to a wider cross-section of the critical communication
infrastructure.
76. We further believe that the benefits of the adopted rules will
substantially exceed the minimal costs expected to be imposed by some
of these rules, and we expect that the combined effect of all these
rules will be to reduce the costs imposed on affected parties. Outage
reporting provides the Commission with critical data on communications
reliability that it has no means of gathering on a consistent and
reliable basis from any other source. Absent these rules, the
Commission lacks adequate visibility into the reliability of major
transport facilities and wireless communications infrastructure, and
has inadequate visibility into degradations of special offices and
facilities as well as communications to PSAPs. This lack of visibility
hinders the Commission's ability to discharge its public safety
responsibilities. The data gathered by these outage reports will permit
Commission staff, working closely with providers and industry working
groups, to identify and address systemic vulnerabilities. Such
collaborative efforts have led to measurable improvements in network
reliability and resiliency, and to the formulation of policies to
promote more reliable and secure communications. Moreover, outage
reports, particularly in the early stages of a communications
disruption, provide critical situational awareness to the Commission
that enable it to participate effectively in emergency response and
service restoration efforts.
II. Order on Reconsideration
A. Airport Reporting Requirements
77. In January 2005, in response to the 2004 Part 4 Order, Sprint
filed a petition requesting that, among other issues, the Commission
``clarify that wireline carriers are only required to report outages
affecting airports when such outages `disrupt[ ] 50% or more of the air
traffic control lines or other FAA communications links' as was the
case under the previous outage reporting rules, see 47 CFR
63.100(a)(6).'' Sprint argues that in adopting the new part 4 rules,
``[t]he Commission did not mention, let alone justify, doing away with
the Section 63.100(a)(6) limitation that carriers report only outages
affecting the critical communications facilities serving airports'' and
urges the Commission ``to clarify that it had no intention of removing
the Section 63.100(a)(6) language from Part 4 that limits reporting of
airport outages to disruptions in communications being carried over
critical infrastructure serving such airports, i.e., air traffic
control or other FAA communications links[,] and to restore such
language to Section 4.5 of the rules.''
78. As noted above, reports in this category generally have
involved communications outages within the retail sections of an
airport. A strict interpretation of current Section 4.5(c)--i.e. that
``[a]ll outages that potentially affect communications for at least 30
minutes with any airport that qualifies as a `special office and
facility' . . . shall be reported,''--would have required providers to
report outages that were not mission-critical, and which could
represent a financial and administrative burden on those providers,
with virtually no public safety benefit or public policy goal.
Therefore, we amend Section 4.5(c) to clarify that carriers need only
report disruptions of critical communications, which impact the
airports covered by our rules. To the extent our decision today
responds affirmatively to Sprint's request, we grant its request for
clarification, which will be reflected in our ordering clause.
B. Reporting Obligations of Satellite and Terrestrial Wireless Service
Providers
79. In 2004, the Commission exempted satellite and terrestrial
wireless communications providers from reporting outages potentially
affecting airports, on the grounds that the critical communications
infrastructure serving those airports was landline-based. CTIA,
Cingular Wireless, and Sprint filed petitions urging the Commission to
exempt wireless providers from reporting outages pertaining to all
other special offices and facilities, positing that the rationale for
excluding wireless carriers from outage reporting for airports, i.e.,
that critical communications were landline-based, applied as well to
all special offices and facilities. In the 2015 Part 4 Notice, we asked
whether, in spite of the continued growth in the use of wireless
networks, we should extend the satellite and terrestrial wireless
exemption to all ``special offices and facilities.'' CTIA and Sprint
again urged that the exemption be extended. CTIA notes that, today as
in 2004, wireless networks provide undifferentiated service to all end
users, even with the growth of wireless telephone in the past decade.
As a matter of practice, wireless providers do not assign dedicated
access lines to specific end users, and therefore do not have dedicated
access lines for the critical portions of any of the special offices
and facilities. Sprint argues that, as with airports, the
communications infrastructure serving all special offices and
facilities remains primarily landline-based, and that unless a wireless
carrier provides a dedicated access line to a special office or
facility, it has no way of knowing whether one of its phones is being
used by personnel at such an office or facility.
80. As previously noted, we will extend the wireless exemption for
satellite and terrestrial wireless carriers to all special offices and
facilities. To the extent our decision today responds affirmatively to
the requests of CTIA, Cingular, and Sprint to exempt wireless carriers
from being required to report outages potentially affecting all special
offices and facilities, we grant their
[[Page 45066]]
requests, which will be reflected in our ordering clause.
III. Procedural Matters
A. Accessible Formats
81. 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).
B. Paperwork Reduction Act of 1995
82. The Report and Order contains new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. It will be submitted to the Office of
Management and Budget (OMB) for review under Section 3507(d) of the
PRA. OMB, the general public, and other Federal agencies will be
invited to comment on the new or modified information collection
requirements contained in this proceeding. In addition, we note that
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific
comment on how the Commission might further reduce the information
collection burden for small business concerns with fewer than 25
employees. In this Report and Order and Order on Reconsideration, we
have assessed the effects of updates to the part 4 outage reporting
rules, and find that these updates does not have significant effects on
business with fewer than 25 employees.
IV. Final Regulatory Flexibility Analysis
83. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Amendments to Part 4 of the Commission's Rules
Concerning Disruptions to Communications; New Part 4 of the
Commission's Rules Concerning Disruptions to Communications, Notice of
Proposed Rulemaking, Second Report and Order, and Order on
Reconsideration. The Commission sought written public comment on the
proposals in the Notice, including comment on the IRFA. No comments
were received. This present Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Report and Order and Order on
Reconsideration
84. In this Report and Order, we take specific steps to improve our
current part 4 rules by adopting various proposals made in a Notice of
Proposed Rulemaking (Notice) adopted in 2015. These specific amendments
stem from our experience with outage reporting over the past ten years,
and will enhance the information we receive on outages for services
already covered in part 4. In this Report and Order, we adopt the
following changes to our part 4 outage reporting rules:
Update the reporting metric and threshold for
communication disruptions impacting major transport facilities from a
DS3-based to OC3-based standard, and reduce the reporting window for
simplex events (transmission line disruptions) from five days to four
days;
update the reporting of wireless outages by adopting a
standardized method to calculate the number of users ``potentially
affected'' in an outage, and clarify that, when an outage affects only
some 911 calling centers, or PSAPs, served by a mobile switching
center, wireless providers may utilize their own identifiable scheme to
allocate the number of potentially affected users so long as the
allocation reflects the relative size of the affected PSAP(s);
find that a ``loss of communications'' to a PSAP occurs
when there is a network malfunction or higher-level issue that
significantly degrades or prevents 911 calls from being completed to
PSAPs, including when 80 percent or more of a provider's trunks serving
a PSAP become disabled;
update the rules regarding reporting of outages affecting
``special offices and facilities'' by (i) extending the reporting
obligation to high-level enrollees in the Telecommunications Service
Priority program, (ii) eliminating outdated and non-applicable rules,
(iii) narrowing the types of airports that are considered ``special
offices and facilities,'' and (iv) limiting outage reporting from
airports to critical communications only; and
conclude that direct access to NORS by our state and
federal partners is in the public interest, but determine that further
consideration is warranted to ensure that the process includes adequate
safeguards to maintain the security and confidentiality of sensitive
information, and accordingly direct the Public Safety and Homeland
Security Bureau (Bureau) to study these issues and develop
recommendations for the successful implementation of our information-
sharing proposals.
85. The Order on Reconsideration limits outage reporting for events
affecting airports to those outages that impact airport critical
communications, and exempts satellite and terrestrial wireless carriers
from reporting outages affecting all ``special offices and
facilities,'' extending the exemption previously limited to airports.
B. Legal Basis
86. The legal bases for the rule changes adopted in this Report and
Order are contained in Sections 1, 4(i), 4(j), 4(o), 251(e)(3), 254,
301, 303(b), 303(g), 303(r), 307, 309(a), 309(j), 316, 332, 403, 615a-
1, and 615c of the Communications Act of 1934, as amended, and Section
706 of the Communications Act of 1996, 47 U.S.C. 151, 154(i)-(j) & (o),
251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307, 309(a), 309(j), 316,
332, 403, 615a-1, 615c, and 1302.
C. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
87. The IRFA solicited comment on the impact of the proposed rules
to small businesses, as required by the RFA. While no comments were
submitted specifically in response to the IRFA, a few commenters
express concerns about the estimated costs for reporting. NTCA urges
the Commission to consider small rural service providers and their
unique circumstances. Other commenters argue that we underestimate the
time burdens associated with filing NORS reports. We maintain that the
reports cost an estimated $160 to file, and that other costs associated
with ``setting up and implementing a monitoring regime'' are routine
business costs independent of our reporting requirements.
D. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
88. 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 rules such as those adopted herein. The RFA generally
defines the term ``small entity'' the same as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the Small Business
Administration (SBA).
89. Our action may, over time, affect small entities that are not
easily categorized at present. We therefore describe here, at the
outset, three comprehensive, statutory small entity size standards.
First, nationwide, there
[[Page 45067]]
are a total of approximately 28.2 million small businesses, according
to the SBA. In addition, a ``small organization'' is generally ``any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field.'' Nationwide, as of 2007, there were
approximately 1,621,315 small organizations. Finally, the term ``small
governmental jurisdiction'' is defined generally as ``governments of
cities, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' Census
Bureau data for 2011 indicate that there were 89,476 local governmental
jurisdictions in the United States. We estimate that, of this total, as
many as 88,506 entities may qualify as ``small governmental
jurisdictions.'' Thus, we estimate that most governmental jurisdictions
are small. We believe that the Report and Order and Order on
Reconsideration may affect the following small entities, as further
discussed in the document, https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-63A1.pdf: (1) Wireline providers, including
incumbent Local Exchange Carriers (incumbent LECs); and interexchange
carriers; (2) Wireless Providers-Fixed and Mobile, including wireless
telecommunications carriers (except satellite); (3) Satellite Service
Providers, including satellite telecommunications providers and all
telecommunications providers; (4) Cable Service Providers, including
cable companies and systems and cable system operators; and (5) All
Other Telecommunications.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
90. The rules adopted in the Report and Order and Order on
Reconsideration require telecommunications providers to report those
outages that meet specified NORS outage reporting threshold criteria,
now determined by a variety of factors, including the number of end
users potentially affected by the outage and the duration of the
outage. Providers must now comply with an updated OC3 metric for major
transport facilities; adjust calculations for determining when there
has been a ``loss of communications'' such that reporting is required;
and report outages affecting as Level 1 and 2 enrollees of the
Telecommunication Service Priority (TSP) program as ``special offices
and facilities.'' The document, https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-63A1.pdf, discusses the requirements in full.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
91. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its 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.''
92. The new and updated reporting requirements are minimally
necessary to assure that we receive adequate information to perform our
statutory responsibilities with respect to the reliability of
telecommunications and their infrastructures. The Commission considered
other possible proposals and sought comment on the reporting thresholds
and the analysis presented. Ultimately, we believe that outage
reporting triggers are set sufficiently high as to make it unlikely
that small businesses would be impacted significantly by the final
rules. In fact, we anticipate that in many instances, small businesses
will find their burden decreased by the new reporting thresholds. In
the Commission's experience administering NORS, small companies only
rarely experience outages that meet the NORS outage reporting threshold
criteria, and we expect that small companies will only be slightly
impacted by our rule changes adopted today. Telecommunications
providers already file required notifications and reports for internal
purposes. We believe the only burden associated with the reporting
requirements contained here will be the time required to complete any
additional notifications and reports following the proposed changes.
V. Congressional Review Act
93. The Commission will send a copy of this Report and Order and
Order on Reconsideration to Congress and the Government Accountability
Office pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
VI. Ordering Clauses
94. Accordingly it is ordered that, pursuant to the authority
contained in Sections 1, 4(i), 4(j), 4(o), 251(e)(3), 254, 301, 303(b),
303(g), 303(r), 307, 309(a), 309(j), 316, 332, 403, 615a-1, and 615c of
the Communications Act of 1934, as amended, and Section 706 of the
Communications Act of 1996, 47 U.S.C. 151, 154(i)-(j) & (o), 251(e)(3),
254, 301, 303(b), 303(g), 303(r), 307, 309(a), 309(j), 316, 332, 403,
615a-1, 615c, and 1302, this Report and Order in PS Docket 15-80 and
11-82 is ADOPTED.
95. It is further ordered that the Commission's Public Safety and
Homeland Security Bureau shall develop and recommend to the Commission
proposed rules, published elsewhere in this Federal Register, for NORS
information sharing in accordance with its delegated authority and this
Report and Order.
List of Subjects in 47 CFR Part 4
Airports, Communications common carriers, Communications equipment,
Reporting and recordkeeping requirements, Telecommunications.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 4 as follows:
PART 4--DISRUPTIONS TO COMMUNICATIONS
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1. The authority citation for part 4 is revised to read as follows:
Authority: Sections 1, 4(i), 4(j), 4(o), 251(e)(3), 254, 301,
303(b), 303(g), 303(r), 307, 309(a), 309(j), 316, 332, 403, 615a-1,
and 615c of Pub. L. 73-416, 48 Stat. 1064, as amended, and section
706 of Pub. L. 104-104, 110 Stat. 56; 47 U.S.C. 151, 154(i)-(j) &
(o), 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307, 309(a),
309(j), 316, 332, 403, 615a-1, 615c, and 1302, unless otherwise
noted.
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2. Section 4.5 is amended by revising paragraphs (b) and (c) as follows
and removing and reserving paragraph (d):
Sec. 4.5 Definitions of outage, special offices and facilities, and
911 special facilities.
* * * * *
(b) Special offices and facilities are defined as entities enrolled
in the Telecommunications Service Priority (TSP) Program at priority
Levels 1 and 2, which may include, but are not limited to, major
military installations, key government facilities, nuclear power
plants, and those airports that are listed as current primary (PR)
airports in the FAA's National Plan of Integrated Airports Systems
(NPIAS) (as issued at
[[Page 45068]]
least one calendar year prior to the outage).
(c) A critical communications outage that potentially affects an
airport is defined as an outage that:
(1) Disrupts 50 percent or more of the air traffic control links or
other FAA communications links to any airport;
(2) Has caused an Air Route Traffic Control Center (ARTCC) or
airport to lose its radar;
(3) Causes a loss of both primary and backup facilities at any
ARTCC or airport;
(4) Affects an ARTCC or airport that is deemed important by the FAA
as indicated by FAA inquiry to the provider's management personnel; or
(5) Has affected any ARTCC or airport and that has received any
media attention of which the communications provider's reporting
personnel are aware.
(d) [Reserved]
* * * * *
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3. Section 4.7 is amended by revising paragraphs (d) and (e)(2) to read
as follows:
Sec. 4.7 Definition of metrics used to determine the general outage-
reporting threshold criteria.
* * * * *
(d) Optical Carrier 3 (OC3) minutes are defined as the mathematical
result of multiplying the duration of an outage, expressed in minutes,
by the number of previously operating OC3 circuits or their equivalents
that were affected by the outage.
(e) * * *
(2) The mathematical result of multiplying the duration of an
outage, expressed in minutes, by the number of end users potentially
affected by the outage, for all other forms of communications. For
interconnected VoIP service providers to mobile users, the number of
potentially affected users should be determined by multiplying the
simultaneous call capacity of the affected equipment by a concentration
ratio of 8.
* * * * *
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4. Section 4.9 is amended by revising paragraph (a)(2), the second
sentence in paragraph (a)(4), revising the second and sixth sentence in
paragraph (b), revising paragraph (e), (f)(2) and the second sentence
in paragraph (f)(4) to read as follows:
Sec. 4.9 Outage reporting requirements--threshold criteria.
(a) * * *
(2) Affects at least 667 OC3 minutes;
* * * * *
(4) * * * (OC3 minutes and user minutes are defined in paragraphs
(d) and (e) of Sec. 4.7.) * * *
* * * * *
(b) * * * Providers must report IXC and LEC tandem outages of at
least 30 minutes duration in which at least 90,000 calls are blocked or
at least 667 OC3-minutes are lost.* * * (OC3 minutes are defined in
paragraph (d) of Sec. 4.7.) * * *
* * * * *
(e)(1) All wireless service providers shall submit electronically a
Notification to the Commission within 120 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:
(i) Of a Mobile Switching Center (MSC);
(ii) That potentially affects at least 900,000 user minutes of
either telephony and associated data (2nd generation or lower) service
or paging service;
(iii) That affects at least 667 OC3 minutes (as defined in Sec.
4.7);
(iv) That potentially affects any special offices and facilities
(in accordance with paragraphs (a) through (d) of Sec. 4.5) other than
airports through direct service facility agreements; or
(v) That potentially affects a 911 special facility (as defined in
paragraph (e) of Sec. 4.5), in which case they also shall notify, as
soon as possible by telephone or other electronic means, any official
who has been designated by the management of the affected 911 facility
as the provider's contact person for communications outages at that
facility, and they shall convey to that person 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.
(2) In determining the number of users potentially affected by a
failure of a switch, a wireless provider must multiply the number of
macro cell sites disabled in the outage by the average number of users
served per site, which is calculated as the total number of users for
the provider divided by the total number of the provider's macro cell
sites.
(3) For providers of paging service only, a notification must be
submitted if the failure of a switch for at least 30 minutes duration
potentially affects at least 900,000 user-minutes.
(4) 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.
(5) The Notification and Initial and Final reports shall comply
with the requirements of Sec. 4.11.
(f) * * *
(2) Affects at least 667 OC3 minutes;
* * * * *
(4) * * * (OC3 minutes and user minutes are defined in paragraphs
(d) and (e) of Sec. 4.7.) * * *
* * * * *
Sec. 4.13 [Removed and Reserved]
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5. Section 4.13 is removed and reserved.
[FR Doc. 2016-16274 Filed 7-8-16; 11:15 am]
BILLING CODE 6712-01-P