911 Reliability, 37098-37100 [2020-13189]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37098-37100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13189]


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FEDERAL COMMUNICATIONS COMMISSION

[PS Docket Nos. 15-80, 13-75, 11-60; DA 20-453; FRS 16750]


911 Reliability

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communication Commission's (FCC 
or Commission) Public Safety and Homeland Security Bureau (Bureau) 
seeks comment on the implementation of new data fields for covered 911 
service providers that it will add to the Network Outage Reporting 
System (NORS) and 911 Reliability Certification System to improve the 
Bureau's situational awareness regarding 911 reliability. The effective 
date for the implementation of these changes will be announced in a 
future Public Notice.

DATES: Submit comments on or before July 20, 2020.

ADDRESSES: You may submit comments, identified by PS Docket Nos. 15-80, 
13-75, 11-60; DA 20-453, by any of the following methods:
     Federal Communications Commission's website: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     Filings can be sent by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. See the 
SUPPLEMENTARY INFORMATION section for more instructions.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202- 418-0432. For detailed instructions for submitting 
comments see the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For general questions, contact Kenneth 
Mallory, Attorney Advisor, Cybersecurity and Communications Reliability 
Division, Public Safety and Homeland Security Bureau, at (202) 418-7785 
or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Modifications to 
Network Outage Reporting and 911 Reliability Certifications for Covered 
911 Service Providers Public Notice, PS Docket Nos. 15-80, 13-75, 11-
60; DA 20-453, released April 27, 2020.
    The complete text of the Modifications to Network Outage Reporting 
and 911 Reliability Certifications for Covered 911 Service Providers 
Public Notice is also available electronically at: https://www.fcc.gov/document/pshsb-seeks-comment-nors-911-reliability-certification-changes.

I. Introduction and Background

    The Bureau seeks comment on the implementation of new NORS and 911 
Reliability Certification System data fields for covered 911 service 
providers. These new fields will improve the Bureau's ability to assess 
911 reliability by aiding the Commission in identifying 911 special 
facilities (such as public safety answering points (PSAPs)) affected by 
service outages, determining whether alternative measures to circuit 
diversity are effective in maintaining network reliability, recognizing 
year-to-year improvements in 911 reliability, and ensuring compliance 
with existing network reliability requirements. The Bureau intends to 
make these modifications pursuant to its delegated authority. 
Specifically, the Commission has delegated authority to the Bureau to 
administer its ``communications disruption reporting requirements,'' 
and ``revise the filing system and template used for the submission of 
such communications disruption reports,'' 47 CFR 0.392(i), 0.191(g). 
The Commission has also delegated authority to the Bureau, ``consistent 
with the requirements of the Administrative Procedure Act and relevant 
portions of the Communications Act,'' to develop ``forms and procedures 
as may be required to collect and process [911] certifications, and . . 
. periodically update those forms and procedures as necessary'' and 
``order appropriate remedial action on a case-by-case basis where 911 
reliability certifications indicate such actions are necessary to 
protect public safety,'' 79 FR 3123, 3129 (Jan. 17, 2014) (911 
Reliability Report and Order). While these systems have distinct and 
independent reporting requirements, the Bureau believes that 
modifications to NORS will supply more insight into the representations 
covered 911 service providers make with respect to 911 reliability 
certifications. Specifically, supplementing NORS outage reports with 
information available to covered 911 service providers from their most 
recent 911 reliability certifications can help to confirm the extent to 
which any alternative measures they use to ensure circuit diversity are 
effective.

II. Modifications to NORS Reporting Forms

    911 Special Facilities Impacted by Outages. Information about which 
911 special facilities are affected by outages, and whether 911 special 
facilities were notified of outages, facilitates the Bureau's efforts 
to better ascertain and analyze the effect of outages required to be 
reported under the Commission's part 4 rules, and to enforce those 
aspects of the rules requiring covered 911 service providers to submit 
notifications to the Bureau regarding outages that potentially affect 
911 special facilities. The part 4 rules require that ``all pertinent 
information on the outage, including any information that was not 
contained in, or that has changed from that provided in, the Initial 
report.'' In the Bureau's experience, it has often been required to 
follow up with covered 911 service providers to determine whether 911 
special facilities were affected and whether the relevant PSAPs were 
appropriately notified. We believe a more efficient approach would be 
to receive this information in the reports from covered 911 service 
providers at the outset. In these regards, the Bureau proposes to 
modify the specificity of the information requested of covered 911 
service providers on NORS notification, initial and final reports 
submission forms. These forms will be revised to include a checkbox 
that will enable filers to check ``yes'' or ``no'' to indicate whether 
they are a covered 911 service provider. If the filer indicates that it 
is a covered 911 service provider, the filer will be prompted to 
identify which 911 special facilities are affected by an outage, 
whether they were notified and, if so, how they were

[[Page 37099]]

notified. Specifically, fields will be added to NORS submission forms 
for covered 911 service providers to type in appropriate 911 special 
facility names. As these filers type in a 911 special facility name, a 
list of matching names will be displayed for filers to select the 
appropriate response. To reduce burdens on covered 911 service 
providers and ensure consistency in the information that is reported, 
the Bureau will offer filers a list of 911 special facility names 
generated from the list of PSAPs that the Commission receives from 
covered 911 service providers' submissions to the 911 Reliability 
Certification System. If the names of the affected 911 special 
facilities are not shown on the list, covered 911 service providers can 
enter additional facility names in the field. For each affected 911 
special facility, the form will provide a drop-down option (i.e., yes/
no) for filers to indicate whether the PSAP has been notified. A field 
will also be added to NORS to enable covered 911 service providers to 
specify how they notified the affected PSAP (e.g., by phone, by email). 
By providing these fields, the Bureau believes the revised forms will 
be a more effective and minimally burdensome way of enforcing the 
obligation in the rules to notify PSAPs of outages potentially 
affecting 911 special facilities, records of which in light of this 
obligation we anticipate that covered 911 service providers already 
keep. Service providers that do not serve as covered 911 service 
providers for the affected 911 special facilities will not be required 
to complete these fields.
    Alternative Measures for Circuit Diversity. The Bureau has also had 
to follow up with covered 911 service providers about alternative 
measures they use for circuit diversity when there has been an outage. 
It would improve the Bureau's situational awareness if this information 
were available in NORS reports rather than only pursuant to follow up 
requests. Collecting this information will improve the Bureau's ability 
to evaluate the effectiveness of alternative measures in lieu of 
certification to physical circuit diversity. Accordingly, the Bureau 
proposes to require NORS filers indicating on NORS final report 
submission forms that they are covered 911 service providers to 
identify, in a new data field that will be added to NORS final report 
submission forms, whether alternative measures to circuit diversity 
were in place for affected 911 special facilities. For each affected 
911 special facility, there will be a dropdown option in NORS (i.e., 
yes/no/Not Applicable) for filers to indicate whether an alternate 
measure was taken for the affected PSAP. If the response is ``yes,'' 
filers will be prompted to specify the alternate measure taken in a new 
free text field. Service providers that do not serve as covered 911 
service providers for the affected 911 special facilities will not be 
required to complete these fields. The Bureau believes that requiring 
covered 911 service providers to disclose whether outages occur on 
network segments that use alternative measures for circuit diversity 
will impose a minimal burden on covered 911 service providers as they 
would need only relate information they already prepare for submission 
to the Commission's 911 Reliability Certification System to specific 
outages they report in NORS. All service providers, including covered 
911 service providers, will still be required to complete the existing 
NORS fields that collect information on whether an outage could have 
been prevented or mitigated if physical diversity had been implemented 
in their network.
    The Bureau seeks comment on whether the implementations proposed 
are the most effective and efficient ways for the Commission to collect 
the information sought from covered 911 service providers in NORS. Are 
there any alternative approaches to collecting this information that 
would reduce burdens on covered 911 service providers that are required 
to file in NORS while achieving the Bureau's objectives of obtaining 
accurate and robust data on 911 reliability and ensuring compliance 
with the Commission's rules?

III. Modifications to 911 Certification Forms

    Applicability of 911 Certifications. The Commission's rules require 
covered 911 service providers to certify whether elements of the 911 
reliability certifications are not applicable to their networks, 47 CFR 
9.19(c)(1)(ii). Some certifications submitted to the Commission are 
ambiguous as to the reasons why their filers believe those elements are 
not applicable. For example, some covered 911 service providers certify 
that certification elements regarding critical 911 circuits are not 
applicable to them because they do not operate selective routers. 
However, even if these providers do not operate selective routers, the 
rules may nonetheless be applicable to these providers if they operate 
a functional equivalent of a selective router or offer other 
capabilities such as automatic location information or automatic number 
information to a PSAP, statewide default answering point, or 
appropriate local emergency authority. The Bureau must then seek 
information on a case-by-case basis to assess whether covered 911 
service providers are complying with the existing rules and to follow 
up as appropriate. To ensure that the Bureau can more efficiently 
evaluate whether covered 911 service providers are in compliance with 
the Commission's 911 reliability certification rules, the Bureau 
proposes to make necessary updates to the 911 Reliability Certification 
System to reduce ambiguity in certifications. The Bureau will modify 
the 911 Reliability Certification System to prompt covered 911 service 
providers to explain with greater specificity how the certification 
elements apply to their network. Specifically, the Bureau will add 
drop-down fields to 911 reliability certifications that will require 
covered 911 service providers to indicate whether they provide the 
following services: (1) 911, E911 or NG911 call routing through a 
selective router or its functional equivalent; (2) automatic location 
information or automatic number information database lookup capability 
or its functional equivalent; and (3) direct service to a PSAP by one 
or more central offices it operates, including administrative lines to 
a PSAP, statewide default answering point, or appropriate local 
emergency authority. The Bureau believes that this information will 
assist in corroborating certifications that certain elements are not 
applicable, which will save time and resources of covered 911 service 
providers by reducing the number of questions they receive from Bureau 
staff about their certifications.
    911 Network Upgrades. Additionally, the Bureau recognizes that some 
covered 911 service providers continue to make improvements to their 
networks that improve the reliability of 911 but are not currently 
captured in the 911 Reliability Certification System. Collecting 
information about these improvements will help the Bureau's efforts to 
assess the extent and scope of providers' initiatives to enhance 911 
service nationwide and identify industry practices and standards that 
will help inform the Bureau's recommendations to the Commission for 
future Commission action consistent with its rules. To allow covered 
911 service providers an opportunity to update the Commission as to 
their efforts on 911 reliability, the Bureau proposes to revise 911 
reliability certifications to include a data field that enables covered 
911 service providers to highlight network upgrades completed within 
the past year that have resulted

[[Page 37100]]

in improvements to 911 reliability and/or performance. To implement 
this change, a new text field will be added to the 911 Reliability 
Certification System for filers to provide a summary of major network 
upgrades and improvements they completed within the past year. This 
data field would be optional and therefore would not impose burdens on 
covered 911 service providers who choose not to use the field.
    The Bureau seeks comment on whether the implementations proposed 
are the most effective and efficient way to validate the certifications 
that indicate that one or more elements are inapplicable to their 
networks and capture additional information on yearly 911 improvements. 
Are there any alternative approaches to collecting this information 
that would reduce burdens on covered 911 service providers while 
achieving the Bureau's objectives of obtaining accurate and robust data 
on 911 reliability and ensuring compliance with the Commission's rules?

IV. Implementation

    Following the receipt of comments on these modifications, the 
Bureau will release a Public Notice to specify the changes that will be 
implemented in the Network Outage Reporting System (NORS) and 911 
Reliability Certification System and address issues and alternative 
approaches raised by commenters. To the extent necessary, these changes 
may be made without prior notice-and-comment under the Administrative 
Procedure Act as ``rules of agency organization, procedure, or 
practice,'' 5 U.S.C. 553(b)(A). The Bureau will then seek Office of 
Management and Budget (OMB) approval of the modifications to the extent 
required under the Paperwork Reduction Act. Upon receipt of OMB 
approval, and the Bureau's completion of all necessary changes to the 
systems, the Bureau will announce that the modifications are effective. 
Moreover, the Bureau understands that NORS filers may need the Bureau's 
technical assistance to ensure that their existing systems are 
compatible with any resulting modifications to the NORS Application 
Programming Interface (API). Therefore, the Bureau will work with 
system filers prior to the effective date of these new modifications to 
ensure that no API issues impede their compliance.
    Paperwork Reduction Act. This document contains proposed modified 
information collection requirements. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and the OMB to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.

V. Procedural Matters

    Interested parties may file comments in response to this Public 
Notice on or before the date indicated on the first page of this 
document. See Electronic Filing of Documents in Rulemaking Proceedings, 
63 FR 24121 (1998). Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing.
    [ssquf] Filings can be sent by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW, Washington, DC 20554.
    [ssquf] Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020).
    [ssquf] During the time the Commission's building is closed to the 
general public and until further notice, if more than one docket or 
rulemaking number appears in the caption of a proceeding, paper filers 
need not submit two additional copies for each additional docket or 
rulemaking number; an original and one copy are sufficient.
    [ssquf] People with Disabilities: To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
    This proceeding has been designated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 47 
CFR 1.1200(a), 1.1206. Persons making ex parte presentations must file 
a copy of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Federal Communications Commission.
Lisa Fowlkes,
Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2020-13189 Filed 6-18-20; 8:45 am]
BILLING CODE 6712-01-P