Implementation of the National Suicide Hotline Improvement Act of 2018, 2359-2369 [2019-28429]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Proposed Rules]
[Pages 2359-2369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28429]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[WC Docket No. 18-336; FCC 19-128; FRS 16369]


Implementation of the National Suicide Hotline Improvement Act of 
2018

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
proposes to designate 988 as a simple, easy-to-remember, 3-digit 
dialing code for a national suicide prevention and mental health crisis 
hotline. We propose that all telecommunications carriers and 
interconnected VoIP providers be required to implement 988 in their 
networks within 18 months. We seek comment on these proposals and 
related issues, such as technical barriers to implementation and costs.

DATES: Comments are due on or before February 14, 2020, and reply 
comments are due on or before March 16, 2020.

ADDRESSES: You may submit comments, identified by WC Docket No. 18-336, 
by any of the following methods:
     Federal Communications Commission's Website: https://www.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     Mail: Parties who choose to file by paper must file an 
original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission. 
All hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building. Commercial overnight mail (other than 
U.S. Postal Service Express Mail and Priority Mail) must be sent to 
9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service 
first-class, Express, and Priority mail must be

[[Page 2360]]

addressed to 445 12th Street SW, Washington DC 20554.
     People with Disabilities: To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Michelle Sclater, Competition Policy 
Division, Wireline Competition Bureau, at (202) 418-0388, 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in WC Docket No. 18-336, adopted on 
December 12, 2019 and released on December 16, 2019. The full text of 
the document is available at https://docs.fcc.gov/public/attachments/FCC-19-128A1.pdf. The full text is also available for public inspection 
during regular business hours in the FCC Reference Information Center, 
Portals II, 445 12th Street SW, Room CY-A257, Washington, DC 20554. To 
request materials in accessible formats for people with disabilities 
(e.g., braille, large print, electronic files, audio format, etc.) or 
to request reasonable accommodations (e.g., accessible format 
documents, sign language interpreters, CART, etc.), send an email to 
[email protected] or call the Consumer & Governmental Affairs Bureau at 
(202) 418-0530 (voice) or (202) 418-0432 (TTY).

Synopsis

I. Notice of Proposed Rulemaking

    1. In this Notice of Proposed Rulemaking (NPRM), we propose to 
designate a 3-digit dialing code for a national suicide prevention and 
mental health crisis hotline, and we further propose to designate 988 
as that code. We expect that designating 988 as the 3-digit dialing 
code will help increase the effectiveness of suicide prevention 
efforts, ease access to crisis services, reduce the stigma surrounding 
suicide and mental health conditions, and ultimately save lives.
    2. We anticipate that designating 988 will support the efforts of 
our federal partners, SAMHSA and the VA, in their vitally important 
work in administering the Lifeline and the Veterans Crisis Line. To 
this end, we encourage interested stakeholders to work directly with 
SAMHSA, the VA, and Congress to foster collaboration and coordination 
of efforts to increase the overall effectiveness of the Lifeline, 
including any specialized hotline services for at-risk populations such 
as Veterans and LGBTQ youth.

A. Designating 988 as the 3-Digit Dialing Code for a National Suicide 
Prevention and Mental Health Crisis Hotline

    3. We first propose to designate a 3-digit dialing code for a 
national suicide prevention and mental health crisis hotline. Based on 
the findings in the SAMHSA and VA Reports, we anticipate that the 
Lifeline would be more effective in preventing suicides and providing 
crisis intervention if it were accessible via a simple, easy-to-
remember, 3-digit dialing code. For example, as SAMHSA explains, ``[i]f 
a family member experiences severe chest pains in the company of 
another family member, both the patient and the family member, despite 
their heightened anxiety, would remember the number 911, while the 
concern is that many suicidal people or their family members at a 
similar moment of suicidal crisis might not remember 1-800-273-8255 
(TALK).'' And as Lines for Life has explained, ``3-digit access'' would 
``make it easier to connect people in need with help'' and ``deliver 
timely and effective crisis intervention services to millions of 
Americans.''
    4. The record compiled for the FCC Staff Report supports the use of 
a dedicated 3-digit dialing code as a way to increase the effectiveness 
of suicide prevention efforts, ease access to crisis services, and 
reduce the stigma surrounding suicide and mental health conditions. 
Thus, we expect that designating a 3-digit code will ultimately 
increase the convenience and immediacy of access to a national suicide 
prevention and mental health crisis hotline system, help enhance public 
awareness of available suicide prevention and mental health crisis 
services, and support our federal partners by simplifying such access. 
We seek comment on this proposal.
    5. We next propose to designate 988 as the 3-digit dialing code for 
a national suicide prevention and mental health crisis hotline system, 
and to require that all telecommunications carriers and interconnected 
VoIP providers transmit all calls initiated by an end user dialing 988 
to the current toll free access number for the National Suicide 
Prevention Lifeline. We seek comment on this proposal. Additionally, 
how, if at all, should our proposal account for the fact that 
Americans, particularly younger Americans, increasingly rely on texting 
to communicate?
    6. Designating 988 appears to provide the fastest, and therefore 
best, path to implementing a 3-digit code. First, using a unique 3-
digit code obviates the need to age an existing N11 code and should 
therefore reduce the overall implementation timeline, allowing the 
Commission to bring this important national resource to the public 
years earlier than alternatives. Second, consumer education campaigns 
for a unique 3-digit code would be simpler and likely more effective 
than those necessary for repurposing or expanding use of an existing 
N11 code. Third, using a wholly unique 3-digit code would be less 
disruptive to existing users and service providers. In particular, 
several of the existing N11 codes discussed in the record are in heavy 
use and to expand or repurpose any one of these N11 codes would require 
significant work and resources. Fourth, using 988 is less technically 
complicated than using other unique 3-digit dialing codes. 988 ``is not 
currently assigned as a geographic area code and therefore does not 
suffer the same problems surrounding repurposing an existing area code. 
Moreover, in order for a switch to detect a new 3-digit code, it helps 
if the code is not comprised of the leading digits (often called the 
``prefix'') of a local number. A United States telephone number 
consists of three basic parts: a three-digit Numbering Plan Area (known 
as the area code) NPA, a three-digit Central Office (CO) code (NXX), 
and a four-digit line number. In total, it is ten digits and contains 
two three-digit codes and a four-digit line number (e.g., (NPA) (NXX)-
(XXXX)). And 988 has fewer corresponding central office code 
assignments across the U.S. than other codes the NANC considered, and 
thus would be less disruptive to adopt than those other codes. We seek 
comment on this proposal.
    7. Turning to an evaluation of specific N11 options, we seek 
comment on the views of SAMHSA and other commenters in the record who 
assert that expanding 211 would reduce the quality of and overburden 
the current capacity of crisis or community services offered, resulting 
in increased hold times and delayed crisis intervention, and create 
confusion as to the purpose of the dialing code. We seek comment on the 
view, as explained in the FCC Staff Report, that repurposing 511 would 
endanger public safety because states and localities use 511 to enable 
drivers to receive information on road conditions during emergencies 
and information pertaining to AMBER and

[[Page 2361]]

other public safety-related alerts. We also seek comment on whether 
repurposing 511 would require states and localities to remove or 
replace roadway signage across the country that advertises 511 as a 
local travel information line, which could lengthen the timeline for 
implementation, and risk creating public confusion. We seek comment on 
the view of the FCC Staff Report that repurposing 611--an N11 code that 
receives at least 297 million calls annually--could result in a crisis 
hotline being flooded with misdirected calls, creating confusion and 
delay, and risking loss of life if a caller in need could not reach a 
counselor quickly. And we seek comment on the findings in the FCC Staff 
Report that expanding or repurposing any of the other N11 codes--311 
(used for non-emergency police services), 411 (used for directory 
assistance services), 711 (used by persons with hearing or speech 
disabilities to make or receive telephone calls), 811 (used for notice 
of excavation activities), and 911 (used for emergency response)--is 
not feasible and/or desirable. We note that repurposing 811 would 
require legislative changes and, more importantly, could have 
significant implications for pipeline safety. Using any N11 code would 
appear to significantly delay implementation of a 3-digit dialing code 
for a national suicide prevention and mental health crisis hotline 
because each of these N11 codes is widely used. Moreover, repurposing 
one of these N11 codes would eliminate the current and important 
purpose of the code. We seek comment on these views.
    8. In proposing to designate 988, we agree with the findings in the 
FCC Staff Report that the technical and operational issues associated 
with implementing 988 can be addressed more quickly than the time 
needed to repurpose an existing N11 code. In particular, we find that, 
as telephone companies have been upgrading their networks to IP, the 
vast majority of switches in the U.S. can accommodate 988 and the 
relatively small percentage of legacy switches that cannot currently 
support this code can be upgraded more easily and quickly than 
conducting the re-education efforts necessary to repurpose an existing 
N11 code. We seek comment on these views and on any other challenges of 
designating a 3-digit dialing code for the national suicide prevention 
and mental health crisis hotline of (and designating 988 in particular) 
and ways to mitigate them. Are there alternative proposals that would 
allow for implementation of a three-digit dialing code on a faster or 
otherwise more efficient timeline?
    9. Legal Authority. Section 251(e)(1) of the Act gives the 
Commission ``exclusive jurisdiction over those portions of the North 
American Numbering Plan that pertain to the United States'' and 
provides that numbers must be made ``available on an equitable basis.'' 
Pursuant to this provision, the Commission retains ``authority to set 
policy with respect to all facets of numbering administration in the 
United States.'' The Commission's exclusive jurisdiction over numbering 
policy enables the Commission to act flexibly and expeditiously on 
important numbering matters.
    10. We believe that this authority allows us to designate 988 as 
the 3-digit dialing code for a national suicide and mental health 
crisis hotline system and to require providers of telecommunications 
and interconnected VoIP services to take appropriate and timely action 
to implement this designation. The Commission has previously concluded 
that its numbering authority allows it to extend numbering-related 
requirements to interconnected VoIP providers that use telephone 
numbers. As the Commission has explained, ``the obligation to ensure 
that numbers are available on an equitable basis is reasonably 
understood to include not only how numbers are made available but to 
whom, and on what terms and conditions. Thus, we conclude that the 
Commission has authority under section 251(e)(1) to extend to 
interconnected VoIP providers both the rights and obligations 
associated with using telephone numbers.'' We further believe that 
taking these steps will help to ensure that all Americans can receive 
efficient, swift access to, and reap the benefits of, critical suicide 
prevention and crisis services offered through the Lifeline. We seek 
comment on these views. Are there other sources of legal authority for 
this proposal?

B. Implementing 988 as the 3-Digit Dialing Code for a National Suicide 
Prevention and Mental Health Crisis Hotline

    11. As the FCC Staff Report recognizes, ``suicide does not 
discriminate by geographic region, and to be effective, any code 
designated for a national suicide and mental health crisis hotline must 
be ubiquitously deployed.'' To that end, we propose requiring that all 
telecommunications carriers and interconnected VoIP providers implement 
988 by transmitting all calls initiated by an end user dialing 988 to 
the current toll free access number for the Lifeline. We specifically 
seek comment on including one-way interconnected VoIP providers as 
well. Our proposed requirement would thus apply to those providers that 
access the public switched telephone network on an interconnected basis 
to reach all Americans. We seek comment on our proposal. Should we 
apply the requirements we adopt to a different set of entities and, if 
so, what set of entities and why?
    12. Software and Equipment Updates. We recognize that in order to 
implement 988, telecommunications carriers and interconnected VoIP 
providers must make changes to their networks and institute new dialing 
requirements in certain circumstances. In particular, we recognize that 
certain legacy switches will require upgrades. The NANC has identified 
seven switch types that cannot support a new wholly unique 3-digit 
dialing code. Based on the legacy switch types identified by the NANC, 
Commission staff estimate that a little over 6,000 switches and 
remotes, or approximately 12% of the 50,615 switches and remotes listed 
in the April 2019 edition of the Local Exchange Routing Guide (LERG), 
cannot currently support 988 and would need to be upgraded. Of those, 
about 4,750 switches are DMS-10, EWSD, and DCO (e.g., Nortel and 
Siemens) switch types. Some of these may have a direct upgrade path to 
IP, which we expect would enable use of 988 as a 3-digit dialing code 
at a relatively low cost per switch upgrade. However, approximately 
1,400 switches may not have a clear upgrade path, necessitating that 
they be replaced. We seek comment on these estimates.
    13. Depending on the type of switch currently used, implementation 
of 988 may require that providers take a number of steps to update 
their networks, which may include: Acquiring and installing new 
equipment; developing and testing software to implement 988; assigning 
988 in the switch translations dialing plan to prevent other uses for 
that code; ensuring that switch routing elements correctly route 988; 
training staff; and deploying new software, such as adding logic to 
internal automated systems to implement any updates. After upgrading 
and replacing switches, vendors will then need to perform network 
translation changes and monitor network operations. We seek comment on 
these and any other implementation steps. Are there trunking and/or 
network capacity requirements that carriers and providers would need to 
address in order to carry the expected

[[Page 2362]]

increase in suicide hotline calls? Are there other implementation steps 
that will be necessary? We also ask commenters, particularly service 
providers, to provide information on the most expeditious and effective 
path toward achieving ubiquitous deployment of 988 across all networks.
    14. 988 Call Routing. We propose requiring telecommunications 
carriers and interconnected VoIP providers to route 988 calls to 1-800-
273-8255 (TALK), the current toll free access number for the Lifeline 
and the Veterans Crisis Line. Doing so appears to provide the most 
efficient means to establish 988 as a national suicide prevention 
hotline. We seek comment on this proposal.
    15. Whether to route calls to a central destination or to localized 
call centers will affect the 988 implementation timeline and cost. 
Because it offers a streamlined approach using existing infrastructure, 
we believe our proposal is likely to be faster and more cost effective 
than the alternatives of either setting up a new routing database or 
entering local translations, as is used for 911 calls, which are routed 
via a direct local translation to a 10-digit number of a local police 
station or Public Safety Answering Point (PSAP) based on the location 
of the calling number. The NANC concluded that, for service providers, 
routing calls is likely to be ``more efficient if the call is 
terminated to a national or centralized call center as opposed to a 
local or decentralized call center network.'' The toll free access 
number for the Lifeline, 1-800-273-8255 (TALK), is a national call 
center that currently serves to route calls to local crisis centers 
across the country. We expect that routing calls to 1-800-273-8255 
(TALK) will be more efficient than establishing a new call center to 
perform the same functions, or requiring direct local translations for 
each local crisis center. We seek comment on this analysis.
    16. Further, service provider routing of 988 calls to 1-800-273-
8255 (TALK), rather than localized call centers, may facilitate access 
to the Lifeline and the Veterans Crisis Line by reducing the likelihood 
that calls will be misdirected following any changes to the local 
crisis center network. If the Lifeline were to add new call centers or 
consolidate existing call centers, for example, routing changes could 
be implemented by updating the centralized 800 translations service and 
thereby avoid having to reprogram local switches, which if done 
improperly, could result in misdirected calls. We seek comment on this 
view, on other benefits of this call routing proposal, and on the 
impact this proposal would have on the effectiveness of the Lifeline 
and Veterans Crisis Line once 988 is implemented. For example, would it 
impact the ability of the Lifeline to route calls to the closest local 
crisis center, as the Lifeline does currently? Would our proposal 
affect the operations of the Veterans Crisis Line? Are there other 
models that would provide better functionality to users of the hotline? 
We also seek comment on whether SAMHSA or the VA and/or the existing 
national network of crisis centers that currently comprise the Lifeline 
and the Veterans Crisis Line will need to make changes to accommodate 
this proposal, and the length of time and costs that such changes will 
entail.
    17. We seek comment on any drawbacks or costs associated with this 
proposal. TGM Consulting, for example, cautions that some TDM switches 
may only be able to translate a code like 988 into a local or 
geographic number. Is this accurate and, if so, how many such switches 
are in use today and what would be required to upgrade them? Should we 
carve out an exemption for such switches and require them instead to 
route 988 calls to a geographic number? Are there other solutions that 
would allow these switches to direct 988 calls to 1-800-273-8255 
(TALK)? We seek comment on any other issues related to this proposed 
call routing approach.
    18. In the alternative, we seek comment on requiring service 
providers to route 988 calls directly to a local Lifeline or Veterans 
Crisis Line call center rather than to 1-800-273-8255 (TALK). In 
seeking comment on this alternative approach, we note that 1-800-273-
8255 (TALK) currently provides access to both the Lifeline and the 
Veterans Crisis Line. How would this functionality be maintained under 
a direct routing approach? Would the Lifeline still be able to route 
calls to a backup center, as is currently done if a local crisis center 
experiences a service disruption or excessive call volume? How, if at 
all, would this alternative approach affect access to the Lifeline and 
Veterans Crisis Line? In this scenario, would routing databases need to 
be created to route 988 calls to such numbers? If so, what would such 
databases offer and who would own, maintain, and distribute such 
databases? How would this impact our proposed timeline and costs for 
implementation? What are the challenges in routing 988 calls directly 
to a local or regional crisis center as opposed to a single toll free 
number? Would such an approach offer any benefits over our proposal? We 
seek comment on these and any other relevant issues.
    19. Dialing in Certain Geographic Areas. We next seek comment on 
how to address areas that both use 7-digit dialing and where 988 is in 
use as an NXX code. In such areas, a switch would need to distinguish 
between calls made to the suicide prevention and mental health crisis 
hotline and the assigned 988 central office code. Commission staff 
analysis of NANPA data shows that as of September 2019, there are 95 
area codes that both still use 7-digit dialing and have assigned 988 as 
an NXX prefix. The number 95 is arrived at by looking at how many NPAs 
use 988 (a total of 178) and then seeing which of those are located in 
a 7-digit dialing area code. We seek comment on whether this is an 
accurate estimate of area codes that would need to implement a 
solution.
    20. One solution is the introduction of a dialing delay after 988 
is entered--the switch would recognize that the caller is dialing 988 
rather than a local 988-XXXX number when no digits are entered after 
988. The downside with such an approach, as the NANC has noted, is that 
such a dialing delay ``could result in the caller terminating the call 
because he thinks the call failed, or [result in] unrelated calls being 
routed to the hotline when a 7-digit number is dialed too slowly.'' We 
seek comment on this and any other potential concerns with this 
approach.
    21. Alternatively, requiring 10-digit dialing would enable the 
switches to distinguish between calls made to the national suicide 
prevention hotline system and those made to a number beginning with a 
988 prefix. With 10-digit dialing, a caller must first input the 3-
digit area code before entering a 7-digit number. Thus, an individual 
attempting to call a 988-XXXX number would first have to input the area 
code (i.e., XXX-988-XXXX), avoiding the problem of calling the hotline 
in error.
    22. We seek comment on whether the Commission should mandate one 
particular solution as part of our designation and implementation of 
988. The Commission has mandated 10-digit dialing in cases of area-code 
relief, which involves establishing a new area code for a geographic 
region after the existing area code runs out of NXX prefixes. And any 
transition to 10-digit dialing could likely be achieved in parallel 
within the other work to implement 988 and that the transition, based 
on previous conversions from 7 to 10-digit dialing, can be completed 
within a year. Indeed, in the last decade, states such as Connecticut 
and Nebraska moved to mandatory 10-digit dialing within a period of one 
year. Should we require states to transition to 10-digit

[[Page 2363]]

dialing in areas where the 988 exchange has been assigned as an NXX 
prefix in area codes that still have 7-digit dialing, as the Commission 
has done for area-code-relief implementation? Alternatively, should we 
leave it to state commissions to decide whether to mandate 10-digit 
dialing rather than a dialing delay for any given area code?
    23. Timeframe. We propose that all telecommunications carriers and 
interconnected VoIP providers be required to implement 988 in their 
networks within 18 months. We believe this timeframe would provide 
sufficient time for providers to make any necessary changes to 
equipment and software, and to institute new dialing requirements, if 
necessary. To begin with, we understand that modern IP switches can 
already accommodate 988 today or do so with minor software updates. In 
this regard, we observe that most providers are already actively 
upgrading their equipment to IP technology given the technological 
advances in the marketplace and the advanced services that consumers 
are demanding. Moreover, we believe that 18 months is sufficient time 
to upgrade the approximately 12% of legacy switches that will need such 
upgrades and we anticipate that the majority of technical upgrades 
necessary to switches and systems can be done in parallel with other 
work to implement 988. We seek comment on this proposal.
    24. Alternatively, should we adopt a shorter or longer timeframe 
for implementation such as one year or two years, and if so, why? 
Should the Commission consider the size of a carrier's network, 
including the need to simultaneously replace multiple legacy switches, 
when determining the appropriate implementation timeline? Further, does 
the use of legacy switch technology warrant a phased-in approach and, 
if so, how should that be implemented? Are there risks associated with 
such an approach (e.g., confusion among the public regarding the 
availability of 988)? Would such an approach inappropriately reward 
carriers that have not invested in their networks to prepare for the IP 
transition in a timely manner? How many such switches reside on the 
networks of rural local exchange carriers, if any, and what unique 
barriers would such carriers face in implementing 988 in a timely 
manner? Are there other challenges that service providers may face that 
we should consider in determining the appropriate timeframe for 
implementation?
    25. Costs. We propose that all providers bear their own costs for 
executing the upgrades necessary to be able to implement 988 as a 3-
digit code for a national suicide prevention and mental health crisis 
hotline. This approach encourages efficiency in implementation and 
avoids unnecessary administrative costs. In turn, section 251(e)(2) of 
the Act states that ``[t]he cost of establishing telecommunications 
numbering administration arrangements and number portability shall be 
borne by all telecommunications carriers on a competitively neutral 
basis.'' The Commission is only required to apply section 251(e)(2) in 
situations involving some type of numbering administration arrangement, 
where for instance, the Commission hires a third party to develop a 
database for industry use. Here, that circumstance is not present. 
Therefore, we believe the section 251(e)(2) requirements do not apply. 
Even if section 251(e)(2) applies, we believe it is satisfied if we 
require each provider to bear its own costs because each provider's 
costs will be proportional to the size and quality of its network. We 
seek comment on this proposal.

C. Assessing the Benefits and Costs of Designating and Implementing 988

    26. We expect that designation and implementation of 988 as a 
simple, easy-to-remember 3-digit dialing code nationwide will increase 
the convenience and immediacy of access to life-saving suicide 
prevention and mental health crisis services. By becoming a part of the 
existing framework of the Lifeline and Veterans Crisis Line, we expect 
that the 988 dialing code will ``make it easier for Americans in crisis 
to access potentially life-saving resources.''
    27. In the FCC Staff Report, Commission staff conducted a cost-
benefit analysis of designating 988 as the 3-digit dialing code for a 
national suicide prevention and mental health crisis hotline. The cost-
benefit analysis used information from the NANC, SAMHSA, the VA, and 
publicly available data. Commission staff estimated the total costs for 
the first year at $570 million, costs for the second year at 
approximately $175 million, and subsequent years at approximately $50 
million annually. In estimating the benefits of the 3-digit dialing 
code, the analysis used the Department of Transportation's Value of a 
Statistical Life. Staff determined that if the 3-digit code were to 
reduce suicide mortality risk by a fraction of one percent, it would be 
well worth its cost. We acknowledge the difficulty in attempting to 
quantify the value of mortality reductions and use Value of a 
Statistical Life only as a practical approach to conducting this 
necessary analysis. Based on this analysis, Commission staff concluded 
that the benefits of designating 988 as the dialing code for a national 
suicide prevention and mental health crisis hotline outweighed the 
costs. While the FCC Staff Report took a broad view and accounted for 
costs that may be incurred by a variety of entities from service 
providers to crisis centers, here we focus on the costs and benefits of 
our proposed rules to require covered providers to implement 988.
    28. If the new 988 dialing code can deter one of every thousand 
Americans who would otherwise attempt suicide from harming themselves--
a 0.1% reduction in suicides and suicide attempts--we expect the 
estimated benefit of $2.4 billion in present value over the course of 
ten years will exceed the estimated, one-time $367 million in present 
value implementation cost to service providers. As discussed below, the 
estimated costs that service providers will incur due to implementation 
include $300 million for upgrading and replacing switches and $92.5 
million for translation updates. For simplicity, we assume the total 
estimated cost of $392.5 million will be incurred one year into the 
future (rather than incurred throughout the 18-month transition period) 
and then discount back to the present day using a discount rate of 7%. 
The discounted value is equal to $367 million ($392.5 million/1.07 = 
$367 million). If providers choose to pass these costs on to customers, 
we expect any increased costs to consumers to be minimal, and we 
believe that this potential added cost is worth the benefit. We seek 
comment on this preliminary conclusion that benefits surpass costs and 
the estimation methods described below.

[[Page 2364]]

    29. Estimated Benefits of Implementing 988. The Lifeline and the 
Veterans Crisis Line provide proven, effective intervention services 
for Americans in crisis. We anticipate that integrating the 988 dialing 
code within this existing framework will allow callers to continue to 
benefit from experienced counselors, while also expanding access with 
the availability of a simple, easily remembered number to dial for 
those in need. Both the Lifeline and the Veterans Crisis Line have seen 
increased call volumes since their inception. SAMHSA reports that calls 
to the Lifeline more than doubled over a 5-year period--from under 1 
million in 2012 to over 2 million in 2017--and expects the number of 
calls to continue to increase. Similarly, the call volume to the 
Veterans Crisis Line has increased from just under 500,000 calls in 
fiscal year 2014 to over 700,000 in fiscal year 2017--an increase of 
more than 40% in three years.
    30. Studies have found that access to crisis counselors helps 
reduce suicides. A recent SAMHSA-funded study found that for crisis-
center callers at imminent risk of committing suicide, counselors and 
callers were able to cooperatively reduce the risk of suicide without 
police or ambulance services in 55% of calls, counselors sent emergency 
responders with the caller's cooperation in 19.1% of the cases, and 
counselors sent emergency services without collaboration for the 
remaining 25.9% of calls. Studies of suicidal-caller survey responses 
in the UK found reductions as large as 25% in callers wanting to self-
harm after speaking with hotline counselors. By facilitating access to 
crisis counselors, the 988 dialing code would likely help further 
reduce suicides.
    31. Estimating a precise reduction in suicide incidence, however, 
is difficult. The alternative is to evaluate plausible suicide-
reduction scenarios. In 2017, 47,000 Americans committed suicide, while 
more than 1.4 million American adults attempted suicide. If the 
implementation of 988 results in greater access to a nationwide network 
of suicide prevention and mental health services--in the way adopting 
911 transformed emergency services provision--suicides may drop by 10% 
or more, saving at least 4,700 lives a year. Due to the lack of before-
and-after statistics, the transformative impact of 911 on emergency 
service provision is difficult to capture in a snapshot; nevertheless, 
emergency response has dramatically improved. Ambulance, fire, police, 
and poison control centers have coalesced around 911 to dispatch the 
appropriate emergency service in response to one 3-digit call. Each 
minute saved in the sequence of recalling, dialing, and dispatching 
emergency services reduces response times, which saves lives. 
Commission staff estimated that a one-minute reduction in emergency 
response time saves 10,120 lives annually. A more modest decline in 
suicides of 1% would save 470 lives a year. A marginal decline of 0.1% 
would save 47 lives a year. Multiplying suicides prevented by the value 
of mortality reduction last used by the Commission (i.e., the value of 
a statistical life (VSL)) yields a range of annual benefits 
corresponding to the suicide reductions achieved (see Table 2):

                           Table 2--Estimated Annual Benefits From Suicide Reductions
----------------------------------------------------------------------------------------------------------------
             VSL 2018                10% suicide reduction      1% suicide reduction     0.1% suicide reduction
----------------------------------------------------------------------------------------------------------------
$9.6 million.....................  $45.1 billion (4,700 *     $4.51 billion (470 *      $451 million (47 * $9.6
                                    $9.6 million).             $9.6 million).            million).
----------------------------------------------------------------------------------------------------------------

    32. We propose applying the most conservative assumption of a 0.1% 
reduction in suicides and estimating total annual benefits of 
implementing our 988 dialing code proposal to be $451 million. 
Conservatively assuming the annual benefits of our actions do not 
accrue until the start of the third year of our action (to account both 
for a technical transition and a consumer education campaign) and 
looking out up to ten years, we estimate the present value of the total 
benefits from implementing a 988 dialing code to be $2.4 billion. We 
seek comment on this estimate. This calculation discounts the annual 
benefits for each of the eight years (from three to ten years in the 
future) back to the present using a discount rate of 7%. If, instead, a 
3% discount rate is used, the estimated benefits are $3 billion. 
Benefits under the 3% discount rate exceed the estimated discounted 
costs of $381 million.
    33. Are there alternative methods of estimation that we should 
consider? What historic and more recent data sources, if any, are 
available? We seek comment on the benefits of facilitating access to 
the existing Lifeline and Veterans Crisis Line structure. We also seek 
comment on the benefits of facilitating access to the Lifeline should 
additional hotline services targeted at at-risk populations like LGBTQ 
youth be added. For example, what are the benefits if a new interactive 
voice response menu option is pursued or if other specialized training 
for call takers to handle LGBTQ youth calls or calls from other at-risk 
populations becomes the norm? We also seek comment on other benefits of 
implementing 988, such as savings in emergency responder costs, and the 
dollar value of these additional benefits.
    34. Estimated Costs Incurred by Service Providers. To implement 988 
as the 3-digit dialing code, service providers must incur certain one-
time monetary outlays to make updates to switches and replace legacy 
equipment. First, as noted by the NANC, ``every originating switch in 
the United States and its territories would require translation 
updates.'' The NANC Report estimates these necessary updates will 
result in a one-time cost to service providers of approximately $92.5 
million. The NANC arrived at this figure by multiplying the total 
number of dial plan changes (550,812) by the estimated time per dial 
plan change (1.6 hours), then multiplying that product by the hourly 
Telecommunications Engineering Contract rate of $105. We seek comment 
on the accuracy of the $92.5 million estimate for switching translation 
costs. We believe there are no recurring costs associated with 
implementation of 988 and we seek comment on this assumption.
    35. Second, the NANC Report notes ``some wireline switches may be 
unable to support any new 3-digit dialing code that is not an N11 
code.'' Those switches unable to process 988 must be upgraded or 
replaced. In the FCC Staff Report, Commission staff estimated switch 
upgrades and replacements will result in a one-time costs to service 
providers of approximately $300 million. We seek comment on this 
estimate. For the approximately 4,750 switches with a direct upgrade 
path to IP, we expect a relatively low cost of approximately $30,000 
per switch. We estimate an average per switch replacement cost of 
$100,000 for the approximately 1,400 switches without a clear upgrade 
path. Upgrading or replacing all switches, therefore, would

[[Page 2365]]

cost ($100,000 x 1,400 full upgrades =) $140 million and ($30,000 x 
4,750 field upgrades =) $142.5 million, for a total cost of $282.5 
million which we round up to $300 million. Commission staff estimate 
that a little over 6,000 switches and remotes listed in the April 2019 
edition of the LERG cannot support 988. We seek comment on the accuracy 
of the estimate of the number of switches and remotes that cannot 
support 988. Is this estimate correct? If not, what is the correct 
number? Is $300 million over 18 months a reasonable estimate for the 
cost of replacing these legacy switches? What is the remaining useful 
life of these switches? Does the replacement cost change with our 
timeline for implementing 988? We recognize that some providers do not 
want to upgrade existing switches prior to the end of their life-cycle. 
However, we anticipate that upgrades to legacy switches will have 
significant offsetting benefits beyond the immediate context of this 
proceeding, such as providing consumers with the benefits of more 
advanced, IP-based services as well as new business opportunities for 
providers. How should we account for those benefits in calculating the 
actual cost of upgrading these networks?
    36. The NANC Report mentions other possible costs of implementing 
988 without offering specific estimates. For example, the NANC Report 
notes that 988 implementation costs will vary if calls are routed 
directly to a national or centralized call center or to a local or 
regional call center. We seek comment on routing costs. If service 
providers route 988 calls to 1-800-273-8255 (TALK), what are the costs 
associated with such routing? How do such costs compare to other 
alternatives, such as routing to a local or regional call center? We 
seek comment on the types and amounts of any other implementation costs 
to service providers. Such implementation costs could include cell site 
reprogramming cited in the Suicide Hotline Improvement Act, Sec. 
3(b)(2)(i)(II). In the FCC Staff Report, staff estimated in response to 
Sec. 3(b)(2)(i)(II) that approximately $50 million in additional annual 
funding would be needed to handle additional calls and that would be 
covered by federal, state, and local governments. In this regard, we 
caution commenters that we do not intend to consider benefits or costs 
that may be important to the Lifeline or the Veteran's Crisis Line as a 
whole but fall outside of the Commission's specific numbering oversight 
role, such as those related to advertising or educational outreach to 
increase the public's awareness of the availability of 988.
    37. To accommodate 988, areas currently using seven-digit dialing 
will need to either transition to 10-digit dialing or implement post-
dial delay. What are the costs and benefits of these solutions?
    38. In sum, we believe that designating 988 as the national suicide 
prevention and mental health hotline dialing code will facilitate 
access to life-saving suicide prevention services. We further believe 
that reductions in suicides and suicide attempts will result in 
estimated benefits of $2.4 billion in present value over the course of 
ten years, exceeding the estimated one-time implementation cost to 
service providers of $367 million in present value, and that the 
proposals in this Notice complement ongoing efforts to deter suicide 
and provide support to Americans in crisis. We seek comment on our 
analysis and on the costs and benefits of any alternative proposals.

II. Initial Regulatory Flexibility Analysis

    39. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on small entities by the policies and rules proposed in this Notice of 
Proposed Rulemaking (Notice). The Commission requests written public 
comments on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments provided on the 
first page of the Notice. The Commission will send a copy of the 
Notice, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (SBA). In addition, the Notice and IRFA 
(or summaries thereof) will be published in the Federal Register.

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

    40. Pursuant to the National Suicide Hotline Improvement Act of 
2018 (Suicide Hotline Improvement Act), the Notice proposes to 
designate a 3-digit dialing code for a national suicide and mental 
health crisis hotline system, and also proposes to designate 988, 
specifically, as the 3-digit dialing code to be used. The Notice also 
proposes to require that, within 18 months, all telecommunications 
carriers and interconnected VoIP service providers transmit calls 
initiated by dialing 988 to the current toll free access number for the 
National Suicide Prevention Lifeline. The Notice seeks comment on all 
of these proposals, and also seeks comment on issues pertaining to 
ubiquitous nationwide deployment of 988, including whether we should 
mandate a 10-digit dialing code in places where 988 exchange has been 
assigned in area codes that still have seven-digit dialing, or 
nationwide; on our proposal that service providers route 988 calls to 
1-800-273-8255 (TALK); on various other technical considerations 
associated with use of 988 as a 3-digit dialing code; and on the costs 
and benefits to implementing 988.
    41. The Commission believes that the proposals in the Notice to 
designate 988 as the 3-digit dialing code for a national suicide and 
mental health crisis hotline system will help increase the 
effectiveness of suicide prevention efforts, help enhance public 
awareness of available suicide prevention and mental health crises 
services, ease access to crisis services, support our federal partners 
by simplifying such access, and reduce the stigma surrounding suicide 
and mental health conditions.

B. Legal Basis

    42. The Suicide Hotline Improvement Act tasks the Commission with 
examining the effectiveness of the current National Suicide Prevention 
Lifeline and the feasibility of designating a 3-digit dialing code to 
be used for a national suicide prevention and mental health crisis 
hotline system. Section 251(e)(1) of the Communications Act, as 
amended, gives the Commission ``exclusive jurisdiction over those 
portions of the North American Numbering Plan that pertain to the 
United States'' and provides that numbers must be made ``available on 
an equitable basis.'' The Commission proposes that this authority 
allows it to designate 988 as the 3-digit dialing code for a national 
suicide and mental health crisis hotline system, and to require 
providers of telecommunications and interconnected Voice over internet 
Protocol (VoIP) services to take appropriate and timely action to 
implement this requirement.

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

    43. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules and by the rule revisions on which the 
Notice seeks comment, if adopted. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,''

[[Page 2366]]

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 SBA.
    44. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three broad groups of small entities that could be directly 
affected herein. First, while there are industry-specific size 
standards for small businesses that are used in the regulatory-
flexibility analysis, according to data from the SBA's Office of 
Advocacy, a small business in general is an independent business having 
fewer than 500 employees. These types of small businesses represent 
99.9% of all businesses in the United States, which translates to 30.2 
million businesses.
    45. Next, the type of small entity described as 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 March 2019, there were approximately 356,494 
small organizations based on registration and tax data filed by 
nonprofits with the Internal Revenue Service (IRS).
    46. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2012 Census of Governments indicates that there 
were 90,056 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number, there were 37,132 general purpose governments 
(county, municipal, and town or township) with populations of less than 
50,000, and 12,184 special-purpose governments (independent school 
districts and special districts) with populations of less than 50,000. 
The 2012 U.S. Census Bureau data for most types of governments in the 
local government category shows that a majority these governments have 
populations of less than 50,000. Based on this data, we estimate that 
at least 49,316 local-government jurisdictions fall in the category of 
``small governmental jurisdictions.''
    47. Wired Telecommunications Carriers. The U.S. Census Bureau 
defines this industry as ``establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired communications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution, and wired broadband internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry.'' The SBA has developed a small-business size standard 
for Wired Telecommunications Carriers, which consists of all such 
companies having 1,500 or fewer employees. Census data for 2012 shows 
that there were 3,117 firms that operated that year and that of this 
total, 3,083 operated with fewer than 1,000 employees. Thus, under this 
size standard, the majority of firms in this industry can be considered 
small.
    48. Local Exchange Carriers (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. The closest applicable NAICS 
Code category is Wired Telecommunications Carriers. Under the 
applicable SBA size standard, such a business is small if it has 1,500 
or fewer employees. U.S. Census Bureau data for 2012 shows that 3,117 
firms operated for the entire year. Of that total, 3,083 operated with 
fewer than 1,000 employees. Thus under this category and the associated 
size standard, the Commission estimates that the majority of local 
exchange carriers are small entities.
    49. Incumbent LECs. Neither the Commission nor the SBA has 
developed a small-business size standard specifically for incumbent 
local exchange services. The closest applicable NAICS Code category is 
Wired Telecommunications Carriers. Under the applicable SBA size 
standard, such a business is small if it has 1,500 or fewer employees. 
U.S. Census Bureau data for 2012 indicates that 3,117 firms operated 
the entire year. Of this total, 3,083 operated with fewer than 1,000 
employees. Consequently, the Commission estimates that most providers 
of incumbent local exchange service are small businesses that may be 
affected by our actions. According to Commission data, 1,307 Incumbent 
Local Exchange Carriers reported that they were incumbent local 
exchange service providers. Of this total, an estimated 1,006 have 
1,500 or fewer employees. Thus, using the SBA's size standard, the 
majority of incumbent LECs can be considered small entities.
    50. Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers. Neither the Commission nor the SBA 
has developed a small-business size standard specifically for these 
service providers. The most appropriate NAICS Code category is Wired 
Telecommunications Carriers. Under that size standard, such a business 
is small if it has 1,500 or fewer employees. U.S. Census Bureau data 
for 2012 indicate that 3,117 firms operated during that year. Of that 
number, 3,083 operated with fewer than 1,000 employees. Based on these 
data, the Commission concludes that the majority of Competitive LECS, 
CAPs, Shared-Tenant Service Providers, and Other Local Service 
Providers are small entities. According to Commission data, 1,442 
carriers reported that they were engaged in the provision of either 
competitive local exchange services or competitive access provider 
services. Of these 1,442 carriers, an estimated 1,256 have 1,500 or 
fewer employees. In addition, 17 carriers have reported that they are 
Shared-Tenant Service Providers, and all 17 are estimated to have 1,500 
or fewer employees. Additionally, 72 carriers have reported that they 
are Other Local Service Providers. Of this total, 70 have 1,500 or 
fewer employees. Consequently, based on internally researched FCC data, 
the Commission estimates that most providers of competitive local 
exchange service, competitive access providers, Shared-Tenant Service 
Providers, and Other Local Service Providers are small entities.
    51. We have included small incumbent LECs in this present RFA 
analysis. As noted above, a ``small business'' under the RFA is one 
that, inter alia, meets the pertinent small-business size standard 
(e.g., a telephone communications business having 1,500 or fewer 
employees) and ``is not dominant in its field of operation.'' The SBA's 
Office of Advocacy contends that, for RFA purposes, small incumbent 
LECs are not dominant in their field of operation because any such 
dominance is not ``national'' in scope. We have therefore included 
small incumbent

[[Page 2367]]

LECs in this RFA analysis, although we emphasize that this RFA action 
has no effect on Commission analyses and determinations in other, non-
RFA contexts.
    52. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA has developed a definition for Interexchange Carriers. The closest 
NAICS Code category is Wired Telecommunications Carriers. The 
applicable size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. U.S. Census Bureau data for 
2012 indicate that 3,117 firms operated for the entire year. Of that 
number, 3,083 operated with fewer than 1,000 employees. According to 
internally developed Commission data, 359 companies reported that their 
primary telecommunications service activity was the provision of 
interexchange services. Of this total, an estimated 317 have 1,500 or 
fewer employees. Consequently, the Commission estimates that the 
majority of interexchange service providers are small entities.
    53. Local Resellers. The SBA has developed a small-business size 
standard for Telecommunications Resellers that includes Local 
Resellers. The Telecommunications Resellers industry comprises 
establishments engaged in purchasing access and network capacity from 
owners and operators of telecommunications networks and reselling wired 
and wireless telecommunications services (except satellite) to 
businesses and households. Establishments in this industry resell 
telecommunications; they do not operate transmission facilities and 
infrastructure. Mobile virtual network operators (MVNOs) are included 
in this industry. Under the SBA's size standard, such a business is 
small if it has 1,500 or fewer employees. U.S. Census Bureau data for 
2012 shows that 1,341 firms provided resale services during that year. 
Of that number, all operated with fewer than 1,000 employees. Thus, 
under this category and the associated small-business size standard, 
the majority of these resellers can be considered small entities. 
According to Commission data, 213 carriers have reported that they are 
engaged in the provision of local resale services. Of these, an 
estimated 211 have 1,500 or fewer employees. Consequently, the 
Commission estimates that the majority of Local Resellers are small 
entities.
    54. Toll Resellers. The Commission has not developed a definition 
for Toll Resellers. The closest NAICS Code category is 
Telecommunications Resellers. The Telecommunications Resellers industry 
comprises establishments engaged in purchasing access and network 
capacity from owners and operators of telecommunications networks and 
reselling wired and wireless telecommunications services (except 
satellite) to businesses and households. Establishments in this 
industry resell telecommunications; they do not operate transmission 
facilities and infrastructure. Mobile virtual network operators (MVNOs) 
are included in this industry. The SBA has developed a small-business 
size standard for the category of Telecommunications Resellers. Under 
that size standard, such a business is small if it has 1,500 or fewer 
employees. Census data for 2012 shows that 1,341 firms provided resale 
services during that year. Of that number, 1,341 operated with fewer 
than 1,000 employees. Thus, under this category and the associated 
small-business size standard, the majority of these resellers can be 
considered small entities. According to Commission data, 881 carriers 
have reported that they are engaged in the provision of toll resale 
services. Of this total, an estimated 857 have 1,500 or fewer 
employees. Consequently, the Commission estimates that the majority of 
toll resellers are small entities.
    55. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a definition for small businesses specifically applicable to 
Other Toll Carriers. This category includes toll carriers that do not 
fall within the categories of interexchange carriers, operator service 
providers, prepaid calling card providers, satellite service carriers, 
or toll resellers. The closest applicable NAICS Code category is for 
Wired Telecommunications Carriers as defined above. Under the 
applicable SBA size standard, such a business is small if it has 1,500 
or fewer employees. Census data for 2012 shows that there were 3,117 
firms that operated that year. Of this total, 3,083 operated with fewer 
than 1,000 employees. Thus, under this category and the associated 
small-business size standard, the majority of Other Toll Carriers can 
be considered small. According to internally developed Commission data, 
284 companies reported that their primary telecommunications service 
activity was the provision of other toll carriage. Of these, an 
estimated 279 have 1,500 or fewer employees. Consequently, the 
Commission estimates that most Other Toll Carriers are small entities.
    56. Wireless Communications Services. This service can be used for 
fixed, mobile, radiolocation, and digital audio broadcasting satellite 
uses. The Commission defined ``small business'' for the wireless 
communications services (WCS) auction as an entity with average gross 
revenues of $40 million for each of the three preceding years, and a 
``very small business'' as an entity with average gross revenues of $15 
million for each of the three preceding years. The SBA has approved 
these small-business size standards.
    57. Wireless Telephony. Wireless telephony includes cellular, 
personal communications services, and specialized mobile radio 
telephony carriers. The closest applicable SBA category is Wireless 
Telecommunications Carriers (except Satellite), and under the most 
appropriate size standard for this category, such a business is small 
if it has 1,500 or fewer employees. For this industry, U.S. Census 
Bureau data for 2012 shows that there were 967 firms that operated for 
the entire year. Of this total, 955 firms had fewer than 1,000 
employees and 12 firms had 1,000 employees or more. Thus, under this 
category and the associated size standard, the Commission estimates 
that a majority of these entities can be considered small. According to 
Commission data, 413 carriers reported that they were engaged in 
wireless telephony. Of these, an estimated 261 have 1,500 or fewer 
employees and 152 have more than 1,500 employees. Therefore, more than 
half of these entities can be considered small.
    58. All Other Telecommunications. The ``All Other 
Telecommunications'' category is comprised of establishments primarily 
engaged in providing specialized telecommunications services, such as 
satellite tracking, communications telemetry, and radar station 
operation. This industry also includes establishments primarily engaged 
in providing satellite terminal stations and associated facilities 
connected with one or more terrestrial systems and capable of 
transmitting telecommunications to, and receiving telecommunications 
from, satellite systems. Establishments providing internet services or 
voice over internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry. The 
SBA has developed a small-business size standard for All Other 
Telecommunications, which consists of all such firms with annual 
receipts of $ 35 million or less. For this category, U.S. Census Bureau 
data for 2012 shows that there were 1,442 firms that operated for the 
entire year. Of those firms, a total of 1,400 had annual receipts less 
than $25 million and 42

[[Page 2368]]

firms had annual receipts of $25 million to $49,999,999. Thus, the 
Commission estimates that the majority of ``All Other 
Telecommunications'' firms potentially affected by our action can be 
considered small.

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

    59. The Notice proposes a rule to implement 988 as the 3-digit 
dialing code for a national suicide prevention and mental health crisis 
hotline within an 18 month timeframe. The proposed rules do not contain 
any new or additional reporting, recordkeeping, or other compliance 
obligations.

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

    60. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rules 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.
    61. In the Notice, the Commission seeks comment on alternatives to 
the proposals and on alternative ways of implementing the proposals. We 
expect to take into account the economic impact on small entities, as 
identified in comments filed in response to the Notice and this IRFA, 
in reaching our final conclusions and promulgating rules in this 
proceeding. As discussed in the Notice, the Commission has initiated 
this proceeding to solicit comments on, among other things, the costs 
associated with implementing our proposals, namely, the implementation 
of 988 as the 3-digit dialing code for a national suicide prevention 
and mental health crisis hotline.

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

    62. None.

III. Procedural Matters

    63. Ex Parte Rules. This proceeding shall be treated as a ``permit-
but-disclose'' proceeding in accordance with the Commission's ex parte 
rules. Persons making ex parte presentations must file a copy of any 
written presentation or a memorandum summarizing any oral presentation 
within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Rule 1.1206(b). In proceedings governed by 
Rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
    64. Initial Regulatory Flexibility Analysis. Pursuant to the 
Regulatory Flexibility Act (RFA), the Commission has prepared an 
Initial Regulatory Flexibility Analysis (IRFA) of the possible 
significant economic impact on small entities of the policies and 
actions considered in this Notice of Proposed Rulemaking. The text of 
the IRFA is set forth in Appendix B. Written public comments are 
requested on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments on the Notice of 
Proposed Rulemaking. The Commission's Consumer and Governmental Affairs 
Bureau, Reference Information Center, will send a copy of the Notice of 
Proposed Rulemaking, including the IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration.
    65. Comment Filing Procedures. Pursuant to Sec. Sec.  1.415 and 
1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested 
parties may file comments and reply comments on or before the dates 
indicated on the first page of this document. Comments may be filed 
using the Commission's Electronic Comment Filing System (ECFS). See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    66. People With Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), 202-
418-0432 (tty).
    67. Paperwork Reduction Act of 1995 Analysis. This document does 
not contain proposed information collection(s) subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, 
it does not contain any new or modified

[[Page 2369]]

information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
    68. Contact Person. For further information about this rulemaking 
proceeding, please contact Michelle Sclater, Competition Policy 
Division, Wireline Competition Bureau, at (202) 418-0388 or 
[email protected]

IV. Ordering Clauses

    69. It is ordered, pursuant to sections 201 and 251 of the 
Communications Act of 1934, as amended, 47 U.S.C. 201, 251, that the 
Notice of Proposed Rulemaking in WC Docket No. 18-336 is adopted.
    70. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Part 52

    Communications common carriers, Telecommunications, Telephone.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 52 as follows:

PART 52--NUMBERING

0
1. The authority citation for part 52 remains as follows:


    Authority: 47 U.S.C. 151, 152, 153, 154, 155, 201-205, 207-209, 
218, 225-227, 251-252, 271, 332, unless otherwise noted.

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2. Amend part 52 by adding subpart E, consisting of Sec.  52.200, to 
read as follows:

Subpart E--Universal Dialing Code for National Suicide Prevention 
and Mental Health Crisis Hotline System

Sec.
52.200 Designation of 988.

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3. Add Sec.  52.200 to read as follows:


Sec.  52.200  Designation of 988 for a National Suicide Prevention and 
Mental Health Crisis Hotline.

    (a) Beginning [EFFECTIVE DATE OF FINAL RULE], 988 shall be the 3-
digit dialing code for a national suicide prevention and mental health 
crisis hotline system maintained by the Assistant Secretary for Mental 
Health and Substance Use and the Secretary of Veterans Affairs.
    (b) All telecommunications carriers and interconnected Voice over 
internet Protocol (VoIP) providers shall transmit all calls initiated 
by an end user dialing 988 to the current toll free access number for 
the National Suicide Prevention Lifeline, presently 1-800-273-8255 
(TALK).
    (c) All telecommunications carriers and interconnected VoIP 
providers shall complete all changes to their systems that are 
necessary to implement the designation of the 988 dialing code by [DATE 
18 MONTHS AFTER EFFECTIVE DATE OF FINAL RULE].

[FR Doc. 2019-28429 Filed 1-14-20; 8:45 am]
 BILLING CODE 6712-01-P