Implementation of the National Suicide Hotline Improvement Act of 2018, 57767-57783 [2020-16908]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57767-57783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16908]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[WC Docket No. 18-336; FCC 20-100; FRS 16962]


Implementation of the National Suicide Hotline Improvement Act of 
2018

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
designates 988 as a simple, easy-to-remember, 3-digit dialing code for 
a national suicide prevention and mental health crisis hotline. All 
covered providers are required to implement 988 in their networks by 
July 16, 2022.

DATES: Effective October 16, 2020.

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 Report 
and Order in WC Docket No. 18-336, adopted on July 16, 2020 and 
released on July 17, 2020. The document is available for download at 
https://docs.fcc.gov/public/attachments/FCC-20-100A1.pdf. 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).

Synopsis

I. Report and Order

    1. In this Report and Order, we designate 988 as the 3-digit number 
for the Lifeline. We also address implementation of 988 in detail. In 
particular, based on the record, we require all covered providers to 
fully implement 988 in their networks by July 16, 2022. We conclude 
that the benefits of implementing 988 far exceed the costs.

A. Designation of 988 as the 3-Digit Dialing Code for the National 
Suicide Prevention Lifeline

    2. We first adopt our proposal to designate a 3-digit dialing code 
for a national suicide prevention and mental health crisis hotline 
system. The record reflects that Americans in crisis are in need of an 
easy-to-remember number to access the Lifeline's potentially life-
saving resources. And the record overwhelmingly reflects support from a 
wide variety of stakeholders and from many members of the public for 
designating a 3-digit dialing code for this important purpose. Indeed, 
over 1,100 commenters expressed support for our proposal. We agree with 
LGBT Technology Partnership that ``[t]he establishment of this number 
will undoubtedly help individuals in crisis get access to help and 
resources more efficiently and with less barriers than current 
systems.'' Commenters, including mental health organizations and 
crisis/counseling centers, agree that designating a 3-digit dialing 
code will increase, simplify, and improve access to the Lifeline; 
enhance public awareness of mental health services; and reduce the 
stigma surrounding suicide and mental health issues. As SAMHSA 
explains, designating a 3-digit code to reach the Lifeline would send 
``the message that mental health crises and suicide prevention are of 
equivalent importance to medical emergencies,'' and ``would, over time, 
bring needed parity and could result in additional attention and 
resources to improve typical local psychiatric crisis services 
throughout the nation.'' Further, the record reflects that a 3-digit 
dialing code has the potential to ``become as ubiquitous as 911'' and 
align the importance and level of care of crisis services with the same 
urgency as 911 emergency services. For all of these reasons, we adopt 
our proposal to designate a 3-digit dialing code for a national suicide 
prevention and mental health crisis hotline system. We also note that 
no commenter opposes designation of a 3-digit number for this important 
purpose.
    3. We next adopt our proposal to specifically designate 988 as the 
3-digit dialing code for a national suicide prevention and mental 
health crisis hotline system, and to require that service providers 
transmit all calls initiated by an end user dialing 988 to the current 
toll free access number for the Lifeline. The record reflects 
widespread support in favor of 988, and we conclude that designating 
988 is preferable to other 3-digit numbers and is the easiest and 
fastest path to ubiquitous deployment of a short, easy-to-remember 
dialing code for the Lifeline.
1. Designating a Wholly Unique 3-Digit Dialing Code vs. an Existing N11 
Code
    4. We find that designating a wholly unique 3-digit number such as 
988 is superior to designating an existing N11 number. First, a unique 
3-digit code obviates the need to ``age'' an existing N11 code. As NCTA 
and GCI explain, repurposing an existing N11 code would involve a 
``significant delay'' because ``these numbers would have to be taken 
out of service and aged for some period of time before they could begin 
to be used for the suicide prevention hotline.'' Aging an existing N11 
code would be necessary ``to avoid system and consumer confusion'' and 
``provide time for educational efforts to be implemented'' for the 
code's new purpose. 988 does not require aging and

[[Page 57768]]

thus its use will reduce the overall implementation timeline. Second, 
consumer education campaigns for 988 will be simpler and likely more 
effective than those needed for repurposing or expanding an existing 
N11 code. The record reflects that consumer education campaigns would 
likely need to be longer if we were to repurpose an existing N11 code 
instead of designating 988 because, among other things, ``in addition 
to informing the public about the new, shorter number for the Lifeline, 
``existing callers of the [N11] number would also have to be informed 
that it is no longer available for its current purpose.'' By contrast, 
consumer education campaigns for 988 will be simplified because such 
campaigns will be exclusively focused on the suicide prevention and 
mental health crisis hotline, thereby expediting 3-digit access to the 
hotline. Third, we find that using a wholly unique 3-digit code like 
988 will be less disruptive to existing users and service providers. 
All of the existing N11 codes receive at least 1.6 million or more 
calls per year, and most receive tens of millions of calls or more 
annually. Repurposing any of these heavily used numbers would thus 
require significant time and resources. As Mental Health America 
explains, given that existing N11 numbers ``are being utilized for 
other national, state, and local priorities . . . repurposing those 
numbers for crisis use will cause confusion or delays to needed 
services, depending on the existing utilization of the [N]11 number.'' 
At the same time, the crisis hotline would be inundated with 
misdirected callers seeking other information, causing confusion and 
delay for those callers, and potentially lost lives if a caller in need 
cannot speak with a counselor quickly. Finally, we find that 
designating a wholly unique 3-digit code such as 988 is preferable to 
any of the specific N11 codes, as discussed below.
    5. Expanding 211. Based on the record, we decline to expand 211 
beyond providing community information and referral services to include 
suicide prevention and mental health crisis services. We find that 
establishing a single-purpose 3-digit code will be more effective and 
easier to implement than expanding 211. In particular, the record 
reflects widespread support for a code dedicated solely for the purpose 
of a national suicide prevention and mental health crisis hotline 
system instead of a multi-purpose code, such as 211, that risks callers 
in crisis navigating a complex phone tree and experiencing confusion 
and delay to access trained crisis counselors. As SAMHSA explains:

    First, the national suicide prevention number should have a 
single purpose, as does the current number 800-273-TALK (8255). . . 
. Utilizing the same number for both round-the-clock suicidal crisis 
response, as well as for non-crisis information and referral, would 
be problematic . . . Second, not all 211 centers have crisis center 
capacity. . . . This would mean in order to avoid 211 callers in 
suicidal crisis from being directed to a 211 center that did not 
have the capacity to respond to their crisis, it would be necessary 
to have a recorded response tree where callers would first have to 
press 1 or 2 to be connected to the Lifeline and then press one 
again to be connected to the veteran crisis line. This could 
potentially mean a 10-15 second delay in response time for millions 
of calls. The alternative would be a longer and more confusing 
single recorded message that could lead to the Veterans Crisis Line 
being flooded with non-[V]eterans crisis calls.

The record indicates that expanding 211, or other N11 codes, will cause 
``confusion or delays[,]'' inhibiting ``the ability of callers in 
crisis to access the help that they need.'' Vibrant Emotional Health, 
which administers the Lifeline for SAMHSA, asserts that an expansion of 
211 would be ineffective for such a hotline, explaining that a single-
purpose, 3-digit dialing code would ``provide a platform that can be 
more easily integrated in society and enhance public awareness about 
the different functions of each distinct three-digit number.''
    6. We find that expanding 211 would lead to unnecessary 
complications, delaying implementation and risking confusion by 
Americans seeking urgent help. SAMHSA has previously explained that 
although ``the number 211 is associated with information and referral, 
[it] does not communicate that this number is a number that suicidal 
people or their families can call at any time of the day or night for 
immediate crisis intervention.'' Moreover, as the NANC explained, even 
with 20 years of operation, 211 ``is not ubiquitously deployed across 
networks, is not managed by a sole operator, and the services offered 
may not be consistent among operators.'' Additionally, as The Trevor 
Project points out, ``a 211 designation would require re-training of 
211 operators.'' Further, SAMHSA's past experience using one hotline 
for a dual purpose is instructive here. Specifically, in the aftermath 
of Hurricane Katrina, SAMHSA used the Lifeline for disaster relief 
efforts in addition to suicide prevention, and SAMHSA observed that the 
callers trying to obtain disaster relief were confused as to why they 
were directed to call a suicide hotline.
    7. For all of these reasons, we find unpersuasive assertions from 
some commenters that because 211 already offers community services, 
including crisis and suicide prevention services in some areas, it 
would allow for an easier and faster nationwide implementation than 
988. We similarly reject legacy carriers' arguments that we should 
designate 211 because (1) legacy switches can already accommodate all 
N11 codes, including 211, which would minimize the number of switches 
these carriers would need to upgrade or replace; (2) software for 211 
already exists; and (3) expanding 211 would not require transition to 
10-digit dialing. As discussed below, we estimate that only 12% of 
switches nationwide will need to be upgraded or replaced to accommodate 
software and programming changes to implement 988 routing. Further, a 
transition to 10-digit dialing is necessary to accommodate 988 in less 
than 27% (87 out of 329) of geographic area codes nationwide. While 
technical implementation of 211 likely would be easier and faster for 
carriers with legacy switches in areas where seven-digit dialing 
presents a barrier to 988 implementation, the serious problems arising 
from expanding 211's role undercut these technical advantages. More 
importantly, expanding 211's role risks confusion and delay for callers 
to the Lifeline, putting Americans' lives at avoidable risk. We see no 
purpose in designating a 3-digit code that would likely undermine, 
rather than improve, the Lifeline's effectiveness. As discussed above, 
we are concerned that expanding 211 would lead to significant delays in 
establishing a ubiquitous system capable of handling both calls of the 
utmost importance from those in suicidal distress as well as existing 
211 calls. And as discussed below, there is no record support for 
expanding or repurposing any other N11 number.
    8. Repurposing or Expanding Other N11 Codes. We also decline to 
repurpose or expand any of the other existing N11 codes (311, 411, 511, 
611, 711, 811, 911) for a national suicide prevention and mental health 
crisis hotline. In the Notice, we sought comment on the findings in the 
FCC Staff Report that (1) repurposing 511 would endanger public safety 
because the code enables drivers to receive information on road 
conditions during emergencies and information relating to AMBER and 
other public-safety alerts; (2) repurposing 611--an N11 code that 
receives at least 297 million calls annually--could result in a hotline

[[Page 57769]]

inundated with misdirected calls and increased risk of caller 
confusion, delay, and loss of life if access to a counselor is not 
readily available; and (3) expanding or repurposing 311, 411, 711, 811, 
and 911, is not feasible and/or desirable. The record reflects no 
arguments suggesting that we should expand or repurpose any of these 
N11 codes, and the few commenters who address the issue suggest the 
opposite. We thus affirm the FCC Staff Report's findings that 
repurposing or expanding other N11 codes is not feasible, and would 
create confusion and significant delays to callers in crisis, as each 
code is widely-used and already serves an important purpose.
2. Designating 988 vs. Other Non-N11 Codes
    9. Consistent with the NANC and FCC Staff Reports, we find that 988 
has technical advantages over other non-N11 3-digit numbers. As we 
explained in the Notice, 988 is not currently assigned as a geographic 
area code and therefore does not suffer the same problems as 
repurposing an existing area code. Moreover, for a switch to detect a 
new, non-N11 3-digit code, it helps if the code is not comprised of the 
leading digits (often called the ``prefix'') of a local number, and 988 
has fewer corresponding central office code assignments across the U.S. 
than other codes the NANC considered, making it less disruptive to 
adopt than those other codes. None of the comments we received on the 
Notice cause us to depart from these views. For example, while ATIS 
points out that designating 988 as the 3-digit dialing code for the 
Lifeline bars it from being used as an area code and therefore 
``results in millions of numbers being made unavailable'' for use by 
consumers, this is surely no reason to forego choosing 988. The NANC, 
in consultation with North American Numbering Plan Administrator, has 
already found that one area code such as 988 going unused is unlikely 
to materially affect number exhaust. In fact, excluding 988, there are 
248 currently unassigned area codes, representing billions of 
potentially available phone numbers.
    10. For all of the foregoing reasons, we find that 988 remains the 
best choice as the 3-digit dialing code for the Lifeline.

B. Implementation of 988

1. Providers Subject to 988 Implementation Requirements
    11. In the Notice, we proposed 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 also 
specifically sought comment on including one-way VoIP providers. As we 
explained, our proposed requirement would thus apply to those providers 
that access the public switched telephone network (PSTN) on an 
interconnected basis to reach all Americans. While the Notice used the 
term ``one-way interconnected VoIP,'' here we use the term ``one-way 
VoIP'' with the same intended meaning. While there is no substantive 
difference in meaning, we expect ``one-way VoIP' to be clearer and more 
precise because we have only expanded the definition of interconnected 
VoIP to include one-way VoIP in the specific context of our 911 rules 
and because, outside of the 911 context, we have most typically used 
the term ``one-way VoIP.'' No party opposed our proposal to require 
implementation by all telecommunications carriers and interconnected 
VoIP providers, and no commenter directly addressed our proposal to 
include one-way VoIP providers.
    12. We adopt our proposal to require all telecommunications 
carriers and interconnected VoIP providers to implement 988 in their 
networks. We also require one-way VoIP providers to implement 988. We 
do not require one-way VoIP providers to add the capacity to dial 988 
if their customers cannot initiate any calls using telephone numbers. 
We note that as a practical matter, the requirement to direct calls 
made to 988 to the Lifeline is relevant only for customers who can make 
calls to 988. One-way VoIP services differ from their two-way 
counterparts in that they can either initiate outbound calls 
terminating to PSTN or receive calls originating from the PSTN, but not 
both. Applying our rules here to one-way VoIP aligns with our 
application of our rules to one-way VoIP providers in a number of other 
contexts, including the recent Caller ID Authentication Report and 
Order. As is true for the caller ID authentication framework, the 988 
dialing code must be ubiquitously deployed to maximize its benefits. 
The FCC Staff Report, for example, observed, ``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.'' SAMHSA, USTelecom, and other commenters 
have echoed this finding, arguing that 988 should be deployed 
``ubiquitously across all networks.''
    13. Requiring one-way VoIP providers to implement 988 is also 
consistent with our recent expansion of the scope of our 911 rules to 
include one-way VoIP services. We observed that, ``from a 911 
perspective, outbound-only interconnected VoIP services are 
functionally equivalent to landlines and other interconnected devices 
that connect to the PSTN and are 911-capable,'' and therefore treating 
them differently would ``breed consumer confusion, particularly when a 
caller is seeking help in a time of crisis.'' These same consumer 
expectations and the exigent nature of a call made to the Lifeline 
inform our decision to obligate one-way VoIP service providers to 
implement 988. Suicide and mental health crises are an emergency like 
any other. An individual in crisis capable of calling 911 via a one-way 
VoIP service should similarly expect that a call to 988 will go 
through.
    14. We find that section 251(e)(1) of the Act provides authority 
for us to apply the requirements we adopt today to all covered 
providers. In the Notice, we proposed that section 251(e)(1) gives us 
the authority 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.'' No commenter appears to dispute these 
conclusions. Section 251(e)(1) of the Act grants 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.'' This 
provision gives the Commission ``authority to set policy with respect 
to all facets of numbering administration in the United States'' and 
has been invoked by the Commission in previous rulemakings designating 
national 3-digit dialing codes. In addition, as we explained in the 
Notice, our numbering authority allows us to apply numbering-related 
requirements to interconnected VoIP providers using telephone numbers. 
We also find that section 251(e)(1) equally gives us authority to 
extend our 988 rules to one-way VoIP services that provide callers with 
access to the PSTN. One-way VoIP services connect to the PSTN and 
therefore make use of numbering resources in a manner similar to two-
way interconnected VoIP providers, which brings them within the scope 
of our section 251(e) authority.

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2. Routing 988 Calls
    15. In the Notice, we raised the issue of whether to route calls 
made to the 988 dialing code to a centralized destination or to 
localized call centers. Specifically, we proposed requiring covered 
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. 
Alternatively, we sought comment on requiring covered providers to 
route 988 calls directly to a local Lifeline or Veterans Crisis Line 
call center.
    16. We adopt our proposal to require all covered providers to route 
988 calls to 1-800-273-8255 (TALK). We note that covered providers are 
required to transmit the calling party number when routing calls to 988 
in accordance with our call delivery requirements. We decline to adopt 
a proposal to require multi-line telephone systems (MLTS) to allow 
callers to reach the Lifeline by dialing 988 and no other digits. As 
Metaswitch correctly observes, the Commission recently adopted a 
similar requirement for 911 calls, based on authority granted to the 
Commission by Kari's Law. While we appreciate the concerns raised by 
Metaswitch, we note that Kari's Law pertains specifically to 911 calls, 
and we lack a similar grant of statutory authority over equipment to 
apply these requirements to 988 calls. In the Notice, we explained that 
routing 988 calls to the existing toll free number for the Lifeline was 
likely to ``provide the most efficient means to establish 988 as a 
national suicide prevention hotline.'' The record overwhelmingly 
supports this conclusion. Our centralized routing approach has 
considerable benefits both for the covered providers that must route 
988 calls and for the Lifeline itself. The record shows that together, 
these benefits will allow for faster implementation of the 988 dialing 
code, lower costs to maintain 988 routing, and better Lifeline service. 
For example, USTelecom states that ``routing [988] calls to one, 
national number will ease the burden of routing calls once the network 
switches are programmed'' and will also ``allow the Lifeline platform 
provider with the flexibility to modify the underlying routing based 
upon the resource demand of their call centers.'' AT&T further explains 
that not only does centralized routing present a more streamlined 
solution to directing 988 calls, it will also ``present a lower risk of 
misdirected calls than routing to different numbers for individual 
calls centers,'' resulting in greater system reliability for the 
Lifeline. Similarly, Vibrant Emotional Health, the administrator of the 
Lifeline, explains that centralized routing ``will optimize service 
cost efficiencies and effectiveness'' of the Lifeline, including 
improving network resilience, data collection, and quality control, and 
providing the Lifeline with the ``flexibility to design specialized 
routing for self-identifying groups, such as veterans, Spanish 
speakers, or LGBTQ youth.'' And PRS CrisisLink, a Lifeline crisis 
center in Virginia, states that ``a centralized routing structure 
increases the capacity of the Lifeline when compared to a response 
provided only at a local level.''
    17. We also find that routing calls to one number will help ensure 
that callers who are deaf, hard of hearing, deafblind, or who have 
speech disabilities can access the Lifeline consistent with sections 
225 and 255 of the Act. The Lifeline is currently available to users of 
telecommunications relay services (TRS) through 1-800-273-8255 (TALK), 
and TRS users will continue to be able to access the Lifeline through 
these services upon implementation of the 988 dialing code. In 
addition, the Lifeline maintains a separate TTY number, as well as an 
online chat portal, which will likewise remain available. Similarly, 
existing Commission rules require internet-based TRS providers to 
ensure that callers using Video Relay Service, internet Protocol Relay, 
and internet Protocol Captioned Telephone Service reach the Lifeline by 
dialing 988 upon its implementation. VRS and IP Relay providers are 
required to route and deliver all calls, which will include calls to 
988. IP CTS providers are subject to the routing obligation when such 
providers are the underlying VoIP provider for their service. Upon 
implementation of the 988 dialing code by covered providers, TRS and 
internet-based TRS users will be able to substitute 988 for 1-800-273-
8255 (TALK) and continue to reach the services they need. Users of 
speech-to-speech services and TTY-based TRS will still dial 711 first 
to connect to a communications assistant who will complete the call to 
the Lifeline. TTY users may also dial 800-799-4889 for a TTY-to-TTY 
direct connection to the Lifeline.
    18. Although some commenters note that the alternative approach of 
routing calls directly to local crisis centers may have some benefits 
as well, we find that the benefits of centralized routing greatly 
exceed those of localized routing. In particular, we believe that 
centralized routing to a single number will be far faster to implement 
and will simplify the administration of the Lifeline.
    19. Finally, we address the Telecommunications Bureau of Puerto 
Rico's request that we require calls to 988 originating in Puerto Rico 
to be routed directly to the current suicide prevention call center in 
Puerto Rico as opposed to 1-800-273-8255 (TALK). In support of its 
request, the Telecommunications Bureau of Puerto Rico explains that for 
local residents, ``the ability to converse in Puerto Rican Spanish, 
including the use of particular idioms unique to Puerto Rico, will 
facilitate . . . crisis call counselors in assisting those calling for 
help,'' and that while the Lifeline uses an interactive voice response 
system to direct calls either to the Veterans Crisis Line or the 
Spanish Line, ``[d]ialing through an automatic system that is in 
English is not the preferred method to help the at-risk population in 
Puerto Rico.'' Although we are sympathetic to the concerns raised by 
the Telecommunications Bureau of Puerto Rico, we decline to require 
direct local routing to the current suicide prevention call center in 
Puerto Rico at this time. We find that the benefits that the 
Telecommunications Bureau of Puerto Rico identifies could be achieved 
without the added costs (including likely delays in 988 implementation) 
that non-centralized routing would entail. In particular, while the 
Lifeline does not currently have a crisis center in Puerto Rico, SAMSHA 
invites crisis centers to seek certification to participate in the 
Lifeline network. If SAMHSA were to approve a local crisis center 
located in Puerto Rico, then under the Lifeline's current routing 
procedures, calls to 988 originating from a Puerto Rico area code could 
be directed to that local crisis center rather than to a Lifeline 
crisis center outside of Puerto Rico. We therefore encourage 
stakeholders in Puerto Rico to work with SAMHSA to bring a local crisis 
center in Puerto Rico into the Lifeline network.
3. Dialing in Certain Geographic Areas
    20. In the Notice, we sought comment on how to address 988 
implementation in areas of the country that currently permit 7-digit 
dialing and also use 988 as a central office code. In these areas, 988 
are the first three digits of some 7-digit local phone numbers (988-
XXXX), meaning that ``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.'' This issue primarily affects 
wireline networks with legacy switching infrastructure since most 
wireless and VoIP services already require 10-digit dialing and tend to 
use

[[Page 57771]]

newer switch hardware and software. The Notice estimated that, as of 
September 2019, there were ``95 area codes that both still use 7-digit 
dialing and have assigned 988 as an NXX prefix,'' and sought comment on 
mandatory 10-digit dialing and use of a dialing delay as two solutions 
for implementing 988 as a 3-digit dialing code in these areas. However, 
we note that ATIS, in its comments in response to the Notice, states 
that ``[a]s of February 5, 2020, there are 92 affected area codes in 
which there is 7-digit dialing and 988 is in use as an NXX code . . . 
.'' According to current information, there are 90 areas codes that 
both still use 7-digit dialing and have assigned 988 as an NXX prefix, 
three of which are already in transition to 10-digit dialing and will 
complete implementation by the end of 2021.
    21. As we explained in the Notice, ``[o]ne 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.''' 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.'' The Commission has 
previously 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.''
    22. To facilitate efficient implementation of 988 and to make 
reaching 988 as easy as possible for Americans across the country, we 
require covered providers to implement 10-digit dialing in areas that 
both use 7-digit dialing and 988 as an NXX prefix. In a 10-digit 
number, (XXX) YYY-ZZZZ, the NXX code is the three digits labeled 
``YYY.'' The record generally supports the use of 10-digit dialing, 
rather than a dialing delay, and we agree with commenters who favor 10-
digit dialing. In particular, the record demonstrates that 10-digit 
dialing will be ``the simpler, easier, and less costly approach for 988 
implementation'' and will provide 988 callers with a more reliable 
connection to the resources they need when compared with a dialing 
delay. Implementation of 10-digit dialing will ensure that callers in 
crisis are able to dial 988 and obtain a connection to the Lifeline 
without unnecessary delay, and without the confusion and frustration 
that may result from a dialing delay, as we discuss further below. 
Moreover, 10-digit dialing has the potential to avoid misdirected calls 
to the Lifeline, which will conserve scarce resources that are better 
spent helping callers in need.
    23. By contrast, the record reflects that dialing delays present a 
number of technical and logistical challenges, making their use a less 
desirable solution for routing 988 calls. As an initial matter, several 
commenters note that dialing delays may not be supported by some 
switches at all. If we were to mandate use of a dialing delay, these 
switches may have to be replaced entirely, which would add unnecessary 
costs to the implementation of 988 by service providers. In addition, 
for those switches that do support use of a dialing delay, the length 
of the supported delay may vary widely. We note that at least one 
provider has already opted to implement 988 on a voluntary basis, using 
a dialing delay of 10 seconds. We encourage any service providers 
considering early implementation of 988 to coordinate their efforts 
with Commission staff, SAMHSA, and the VA. AT&T, for example, indicates 
that for its network, ``some . . . legacy wireline switches accommodate 
a delay of relatively short duration (i.e., 4 seconds or 6 seconds), 
whereas other AT&T switches accommodate a longer delay (i.e., 14 
seconds).'' We agree with commenters who argue that, because of this 
variability, use of a dialing delay for routing 988 calls risks 
confusion and misdirected calls. As the NANC Report found, routing 988 
calls with a dialing delay could result in nonemergency calls being 
misdirected to the Lifeline if, for example, a 7-digit number is dialed 
too slowly. And, as Verizon argues, this could in turn ``adversely 
affect[] the availability of hotline resources to callers in critical 
need.'' While dialing delays that are too short could lead to a 
significant number of calls being misdirected to 988, longer dialing 
delays could also hinder access to the Lifeline, if, for example, a 
caller were to terminate a 988 call before the dialing delay elapsed, 
thinking the call had failed. As AT&T argues, the use of a dialing 
delay to route 988 calls ``would inevitably lead some 988 callers in 
crisis to terminate the call.'' This risk is particularly acute for the 
longer delays that would be required by some legacy switches, which 
could lead to inconsistent access to 988 service across different areas 
of the country. As the American Association of Suicidology indicates, 
given the critical nature of the crisis counseling service offered by 
the Lifeline, any length of delay in connecting a call may be 
detrimental. We therefore agree with those who argue that use of a 
dialing delay to route 988 calls could have ``unavoidable adverse 
impacts'' for the Lifeline.
    24. Because 10-digit dialing will be simpler to implement and 
better for callers than a dialing delay, we reject GCI's argument that 
we should defer to the judgment of state regulators as to which option 
is most appropriate in particular states. To support its request, GCI 
argues that in Alaska ``it would make little sense to mandate 10-digit 
dialing'' because 988 is employed as a wireless NXX in only one rate 
area in Alaska. But GCI does not offer any specific reasons to support 
its conclusions regarding the comparative benefits of 10-digit dialing 
and a dialing delay in Alaska. Its brief, general claims that 10-digit 
dialing is costly and confusing to consumers run contrary to the 
extensive evidence in the record discussed above. We expect that 
implementing a dialing delay in some parts of the country and 10-digit 
dialing in others is likely to heighten the risk of failed attempts to 
reach 988 in dialing delay areas because individuals from outside those 
areas are unlikely to realize that a dialing delay is necessary. Based 
on the foregoing analysis, we conclude that we should adopt a uniform 
nationwide policy requiring 10-digit dialing in areas in which 988 is 
an NXX code.
    25. Administration. We are confident that covered providers and the 
North American Numbering Plan Administrator, a neutral administrator of 
numbering resources shared by the 20 member countries of the North 
American Numbering Plan, will be able to efficiently implement 10-digit 
dialing in the 87 area codes where it is necessary. Providers have 
already converted to 10-digit dialing in the geographic areas 
encompassed by 77 area codes. Providers routinely manage 10-digit 
dialing transitions in multiple area codes simultaneously. For example, 
in 2001, providers transitioned 11 area codes to 10-digit dialing. More 
recently, providers transitioned 7 area codes to 10-digit dialing in 
2017. We disagree with AT&T's argument that these observations are 
``misleading'' because

[[Page 57772]]

these transitions had ``overlapping, staggered . . . implementation 
schedules'' and were ``spread among multiple wireline providers.'' As 
AT&T itself points out, its own team is ``extremely experienced'' 
conducting overlays and has in the past managed multiple such projects 
in a single year. Further, arguments concerning the historical rate at 
which NPAs transitioned to 10-digit dialing are misplaced. These 
transitions took place as necessary to facilitate area-code relief 
efforts as needed, and their frequency in prior years does not speak to 
the question of whether providers could have transitioned more area 
codes to 10-digit dialing, had there been a demonstrated need to do so. 
The Commission has granted authority to state public utility 
commissions to implement 10-digit dialing in cases of area-code relief, 
which involves establishing a new area code for a geographic region 
that is fast approaching exhaust. In a typical case, when an area code 
is approaching number exhaust, the North American Numbering Plan 
Administrator, acting with the input of and on behalf of affected 
carriers, petitions the state to implement 10-digit dialing and add a 
new area code, typically ``overlaid'' on the existing one. In an area 
code ``overlay,'' a new area code is opened in the same geographic area 
as the area code requiring relief. With an overlay, consumers can keep 
their area code and telephone number while numbers from the new area 
code may be assigned to new telephone customers or those adding 
additional lines. The other possible solution to address running out of 
numbers in an area code--a geographic area code split--has not been 
employed since 2007. The state commission then adopts an order that 
sets forth an implementation schedule. Of the seven such orders for 
which implementation is ongoing (encompassing 9 area codes), six set 
forth a 13-month implementation schedule, and one sets forth an 
approximate 9-month implementation schedule. The 13-month 
implementation schedules each allocate six months for carriers to 
prepare their networks for 10-digit dialing and the new area code; six 
months of consumer education and ``permissive'' 10-digit dialing, in 
which affected consumers may employ either 7- or 10-digit dialing; and 
one additional month at the end of the transition period to activate 
the new area code.
    26. We direct covered providers to coordinate their implementation 
of 10-digit dialing in the 87 area codes at issue with the North 
American Numbering Plan Administrator. We expect implementation to 
proceed faster than in the cases of adding a new area code discussed 
above. Because we direct 10-digit dialing in these 87 area codes 
pursuant to our exclusive jurisdiction, no state public utility 
commission action is needed. AT&T asserts that a state public utility 
commission order typically precedes the 13-month implementation 
timeline, and that, as a result ``a lack of PUC action affords no 
reduction in the typical 13-month implementation timeline.'' We agree, 
but AT&T fails to account for ongoing state oversight of a typical 
transition to 10-digit dialing. In the ordinary course, state public 
utility commissions may intervene in the overlay process, potentially 
slowing the transition to 10-digit dialing. The last step in 
implementing 10-digit dialing to add a new area code--the one month 
period for activating the new code--is not necessary because these 
transitions do not involve a new area code. We also believe that the 6-
month permissive dialing period could be shortened to facilitate 
meeting the two-year deadline for 988 implementation across all of the 
area codes and because there are likely to be synergies in terms of 
consumer education when transitioning multiple areas. We disagree with 
arguments submitted by AT&T, CenturyLink, and USTelecom expressing 
skepticism regarding whether standard consumer education periods can be 
shortened. AT&T, for example, states that outreach and technical 
implementation ``are already performed in tandem during the 13-month 
transition period.'' Contrary to AT&T's claims however, this suggests 
that the standard 13-month transition period--which accounts for two 
separate six-month periods for consumer outreach and technical work--
can be curtailed if necessary. We expect that economies of scale and 
lessons learned regarding the logistical and technical processes for 
the transitions will reduce the time necessary to both prepare and 
execute transitions to 10-digit dialing in these area codes. We expect 
that covered providers, in coordination with the North American 
Numbering Plan Administrator, will be able to develop a standard 
implementation plan that addresses both outreach and staging, which 
covered providers will be able to use in many, if not most, areas. 
Additionally, we anticipate that consumer education planning and 
outreach to consumers and affected businesses and government agencies 
can be accomplished more quickly and simply than in cases of a new area 
code, as the move to 10-digit dialing does not involve the introduction 
of new area codes or switching telephone numbers for consumers or 
others. In addition, outreach can begin right away, and be done in 
tandem with technical implementation, further compressing the timeframe 
for transitioning to 10-digit dialing in these areas. We also expect 
less education to be necessary than in years past because, by now, even 
in areas in which legacy carriers make 7-digit dialing available, most 
consumers are familiar with and accustomed to 10-digit dialing with 
their mobile devices, as well as in visiting one or more of the many 
areas throughout the country in which 10-digit dialing is mandatory. 
For all of these reasons, we disagree with USTelecom's reliance on 
previous 10-digit transition timeframes to claim that a ``set timeline 
of less than 5 years to transition to 10-digit dialing is most likely 
not feasible.''
    27. We recognize that covered providers may need to implement 10-
digit dialing on a staggered basis within the time available. We direct 
the North American Numbering Plan Administrator to develop, based on 
input from covered providers, an implementation schedule that will 
allow all covered providers to meet the transition deadline in an 
efficient manner that best accounts for the challenges each covered 
provider faces. The North American Numbering Plan Administrator shall 
promulgate a 10-digit dialing transition plan that enables timely 
implementation within 30 days of release of this Order based on its 
expertise and any input it receives from covered providers within that 
time. We decline the recent suggestion by AT&T and CenturyLink that we 
delay the implementation deadline by the period it takes the North 
American Numbering Plan Administrator to complete the schedule and 
until the Commission publishes the schedule. AT&T suggests that the 
planning process will consume valuable portions of the two-year 
implementation timeline that providers will need. As discussed 
elsewhere, in setting the deadline of July 16, 2022, we accounted for 
the challenges covered providers face in implementing 10-digit dialing, 
including necessary planning. Further, neither party explains why 
implementation work could not begin right away during the pendency of 
the implementation schedule, which we expect to set dates for 
completion of work, rather than dates to start. We do not see any value 
in the Commission publishing the implementation

[[Page 57773]]

schedule, nor do AT&T and CenturyLink identify any. We direct the North 
American Numbering Plan Administrator to communicate the schedule, once 
established, to state public utility commissions in states in which 10-
digit dialing will be necessary so that they can address any specific 
consumer education and outreach measures they deem appropriate. We 
caution that we would not expect states to take any actions that would 
complicate or delay the implementation of 988 or the requirement we 
impose for 10-digit dialing in certain areas. Finally, we direct the 
Wireline Competition Bureau to monitor the progress of the 87 area 
codes transitioning to 10-digit dialing in coordination with the North 
American Numbering Plan Administrator. We decline USTelecom's 
suggestion that we require the Wireline Competition Bureau ``to issue a 
report at the end of 12 months from adoption of the final Order to 
assess whether additional time is needed to complete the 10-digit 
dialing transition in certain NPAs.'' It is not obvious that twelve 
months is the optimal point at which to evaluate progress. Should a 
covered provider file a waiver request, the Wireline Competition Bureau 
will be able to make use of information from its ongoing monitoring in 
coordination with the North American Numbering Plan Administrator to 
evaluate the merits of the waiver request at that point in time.
4. Implementation Timeframe for Ubiquitous Deployment of 988
    28. In the Notice, we proposed requiring that covered providers 
implement 988 in their networks within 18 months of publication of the 
final order in the Federal Register. Alternatively, we sought comment 
on whether we should adopt a shorter or longer timeframe for 
implementation such as one year or two years. Additionally, we asked 
whether we should consider the size of a carrier's network, including 
the need to simultaneously replace multiple legacy switches, when 
determining the appropriate implementation timeline. We further sought 
comment on whether the use of legacy-switch technology warranted a 
phased-in approach to implementation, and if so, how such an approach 
should work.
    29. For ubiquitous implementation of 988, covered providers must 
overcome two primary hurdles that drive our need to provide time for 
implementation. First, such providers must implement 10-digit dialing 
in the 87 area codes that continue to permit 7-digit dialing and also 
use 988 as a central office code. As discussed above, transitioning to 
10-digit dialing involves both the technical work needed to implement 
10-digit dialing as well as educating consumers about the transition.
    30. Second, such providers must reprogram, upgrade, translate, or 
replace those switches that would not otherwise support 988 as a 3-
digit dialing code. Covered providers must also work to implement 10-
digit dialing, and we recognize that some legacy providers face a 
higher logistical burden in areas that require both steps. Our deadline 
is constrained by those legacy providers because many non-legacy voice 
services already require 10-digit dialing and use newer switch hardware 
and software in which implementing 988 is straightforward and swift. In 
the Notice, we estimated that approximately 88% of the nation's 
switches can today accommodate 988, and nothing in the record suggests 
otherwise. Therefore, the vast majority of providers could easily 
implement 988.
    31. We set a uniform implementation deadline of July 16, 2022, to 
allow sufficient time--but no more time than necessary--for covered 
providers to meet the challenges of implementing 10-digit dialing in 87 
area codes and of making necessary changes to their switches. Under our 
precedent, we have the flexibility to set a deadline that is most 
appropriate to the particular 3-digit code at issue. We have set 
implementation deadlines in the past ranging from six to 24 months. 
USTelecom, AT&T, and CenturyLink argue that our action today is 
inconsistent with the Commission's adoption of 811 because in the 
latter case the Commission calculated the two-year deadline Federal 
Register publication, whereas we calculate our two-year deadline from 
adoption. However, the deadlines the Commission set for previous N11 
transitions are particular to their circumstances, and the facts here--
particularly the pressing need to make 988 available nationwide as 
quickly as possible to help prevent suicides--are unique to this 
record. Moreover, 811 needed to be repurposed when the Commission 
designated it for use as a call-before-you-dig number because it was 
being used in some jurisdictions for free repair calls and as a 911 
test code, which required a longer customer education period--a 
circumstance that is not present here. Further, in the 15 years since 
the 811 Designation Order, we expect covered providers to have invested 
both their own funds and universal service support that they have 
received in their networks such that upgrades--even comparatively more 
complex ones--could be handled more quickly. Our guiding principle in 
setting this deadline is to minimize the time for 988 implementation to 
help address the growing epidemic of suicide in this country as quickly 
as possible. We agree with the American Association of Suicidology that 
it ``is crucial that the three-digit hotline be made available as 
readily as possible'' because ``[i]ncidences of mental health 
conditions and suicide rates are increasing every year.'' Similarly, we 
agree with The Trevor Project that ``[t]he longer the delay the more 
likely it is we will lose individuals who don't know where to access 
help, or who will not be able to remember a 10-digit number in a moment 
of crisis, but who would remember 988 after an effective public 
education campaign.'' And our cost-benefit analysis below shows that 
the benefits of implementing 988 greatly outweigh the costs--swift 
implementation will allow Americans to reap those benefits sooner. For 
these reasons, it is paramount that providers establish 3-digit access 
to the Lifeline as quickly as possible.
    32. We find that July 16, 2022, provides sufficient time for all 
covered providers to implement both 10-digit dialing and any necessary 
changes to their switches. As to 10-digit dialing, covered providers 
must transition 87 areas codes to 10-digit dialing, far more than the 9 
for which transitions are currently underway over staggered 13-month 
periods (9 months in one case). Given the time it has taken in the past 
to implement 10-digit dialing to add a new area code over an existing 
one, we are persuaded covered providers will need significant time to 
devise and enact a plan for prompt implementation across so many areas. 
At the same time, as discussed above, we expect carriers to be able to 
speed 10-digit dialing implementation significantly compared to the 
past because of the economies of scale and lessons learned from 
implementing across numerous areas at once, ability to compress the 
typical implementation schedule by performing consumer education 
simultaneously with technical work, elimination of the need for initial 
state action to begin the 10-digit dialing process, extensive industry 
experience in implementing such transitions, and elimination of the 
work typically needed to implement a new area code when implementing 
10-digit dialing. We observe that covered providers have not previously 
had such strong reason to investigate efficiencies. We anticipate that 
the necessary investments to implement 988 at a faster pace compared to 
previous timetables,

[[Page 57774]]

which were spread out in time and geography, will reveal new 
efficiencies that were not possible previously. AT&T argues that 
transitioning even 9 NPAs concurrently every 6 months would represent a 
33% increase in its fastest ongoing transition schedule and 50% faster 
than its typical transition schedule. AT&T claims that even at a pace 
of 11 or 12 NPAs, it would still take over four years for it to 
transition the 716 legacy switches in the 50 seven-digit dialing NPAs 
with 988 NXX where AT&T offers wireline service. As we explain, 
however, the need to transition so many NPAs at once has not previously 
existed, and we anticipate that greater investment and efficiencies 
discovered thereby will speed implementation. We thus disagree with 
arguments that there are likely no additional efficiencies to be 
realized. Moreover, these same covered providers have failed to commit 
to any definite deadline. We must make a choice, and we cannot abdicate 
our duty to apply our expertise to the regulated parties. Taking into 
account the differences compared to 10-digit dialing implementation in 
the past, we find that setting a deadline of July 16, 2022, allows 
sufficient time for carriers to meet the challenges of implementing 10-
digit dialing in 87 area codes. We do not, as a general matter, agree 
with commenters' assertions based solely on past timelines that the 
need to transition to 10-digit dialing in some areas of the country 
justifies a longer (or significantly longer) implementation timeframe.
    33. We also observe that moving forward to 10-digit dialing at an 
intensified pace furthers long-standing industry goals. Over twenty 
years ago, ATIS's Industry Numbering Committee, an open forum to 
address and resolve industry-wide numbering issues, recommended moving 
to a uniform 10-digit dialing plan, citing reduced customer confusion--
particularly in today's mobile society--and support for a consistent, 
fair, and equitable competitive environment as the benefits. The 
recommendation specifically highlighted that 10-digit dialing should be 
implemented ``as the opportunity presents itself.'' Today's Order is 
consistent with these long-accepted industry goals, and in fact will 
help the industry move forward expeditiously while also helping to 
realize the important life-saving benefits of nationwide deployment of 
a 3-digit code for the Lifeline.
    34. We disagree with arguments submitted by USTelecom and AT&T that 
our implementation timeline fails to account for changes that must be 
made by end-user customers to accommodate 10-digit dialing. As 
discussed above, we recognize that customer education is an important 
part of the 10-digit dialing transition process, and we expect the 
North American Numbering Plan Administrator to build time for such 
efforts into the schedule it establishes. While we are sympathetic to 
end users who experience complications, we find this an insufficient 
basis to delay our deadline for several reasons. Such disruptions are 
inevitable for many end users anyway, as 10-digit dialing transitions 
in response to number exhaust would continue to occur regardless of 
today's Order. As discussed above, customers today are more used to 10-
digit dialing and are more likely to employ modern equipment, so we 
expect disruptions to be reduced compared to the past. USTelecom does 
not adequately explain why the stakeholders it references cannot begin 
preparations for the transition to 10-digit dialing prior to its 
implementation on their networks. USTelecom and AT&T also have not 
attempted to quantify the costs of such complications for end users, 
but given the order of magnitude by which the benefits of prompt 988 
implementation outweigh the costs, we find it highly unlikely that such 
costs to end users would cause us to reevaluate the deadline we adopt. 
Of note, neither end users nor representatives of end users have raised 
this argument themselves. Finally, USTelecom, AT&T, and other USTelecom 
members have downplayed the significance of precisely the same sorts of 
impacts of technology changes on downstream end users when it served 
their regulatory agendas--as USTelecom has correctly argued, 
``antiquated, analog-based equipment . . . need not stop technology 
transitions in their tracks.'' In any event, we recognize that the 
transition to 10-digit dialing will entail some inconvenience and cost 
for the entities referenced by USTelecom, as well as their customers. 
However, as we have explained, these costs are easily exceeded by the 
benefits 988 offers to the American public.
    35. With respect to the second gating step for ubiquitous 988 
implementation--enabling switches to route calls to 988 to the 
Lifeline--we similarly conclude that the deadline we set of July 16, 
2022, is sufficient but no more than necessary. We recognize that 
translating and upgrading or replacing legacy switches in use by legacy 
carriers--up to 12% of those in use in the country--to accommodate a 
new 3-digit, non-N11 code poses significant challenges. We estimated in 
the Notice that about 6,000 switches need upgrading or replacement. 
Commenters did not dispute this estimate. However, given the time that 
has elapsed since the publication of the April 2019 data relied on in 
the Notice and ongoing progress and investment by legacy carriers in 
the IP transition, we expect that this estimate may overstate the 
number of switches that require upgrades. Legacy carriers have voiced 
concerns about upgrading or replacing legacy switches, which may need 
to be done across geographically large swaths of providers' networks 
and would require extensive planning and testing. These commenters 
point to a lack of personnel trained in upgrading legacy switches and 
the need for technicians to replace them. They claim that this shortage 
of skilled workers constrains their ability to implement 988 in the 
timeframe provided. USTelecom explains, however, that it ``has become 
clear that 988 could be implemented through switch translations and 
upgrades in areas with 10-digit dialing,'' the costs for which ``are 
significantly less than the switch replacements contemplated'' in the 
Notice. And despite these claims regarding a lack of skilled workers, 
USTelecom and its members have not shown how many workers are 
available, either on their current payrolls or through hiring or 
contracting, to perform the required work. Two years is a substantial 
period of time, and thus we find these unquantified statements that 
covered providers face resource constraints before they have even begun 
the work unconvincing. We recognize that significant work is required 
and that investing in the capacity necessary to perform the many hours 
of work required may be costly, but the benefits of 988 implementation 
greatly outweigh the costs, and USTelecom and its members have not 
shown that such investment not possible or otherwise infeasible. 
Further, carriers with legacy switches have represented that they have 
been in the midst of an IP transition involving extensive updates to 
their TDM-based networks, technology that they have repeatedly claimed 
will be obsolete very soon. Indeed, USTelecom states that its members 
``have invested billions of dollars to facilitate an IP transition 
already.'' We therefore believe, consistent with providers' oft-
repeated statements on progress made in transitioning legacy networks, 
that a July 16, 2022 deadline provides sufficient time to require all 
covered providers to upgrade and translate switches on their network.

[[Page 57775]]

    36. We also find the implementation timeframe we establish will 
benefit those covered providers for which implementation will require 
the most technical work, as they are the most likely to benefit from 
improvements to their networks. An IP-based network, in addition to 
allowing 10-digit dialing and implementation of short codes such as 
988, provides improved network performance and speed, efficiency, 
reliability, scalability, and security, making innovative protective 
technologies such as caller ID authentication available. Additionally, 
IP-based networks typically use soft switches, which ``are economically 
desirable because they offer significant savings in procurement, 
development, and maintenance. Such devices feature vastly improved 
economies of scale compared to switches based on specialized 
hardware.'' AT&T argues that the need to move to 10-digit dialing does 
not mean that providers will necessarily pursue an IP-based solution, 
and it argues that an IP transition cannot be completed in two years. 
Although these arguments appear at odds with the position AT&T has 
taken with respect to the pace and importance of IP transition, we also 
do not expect that in the process of implementing 988 the IP transition 
will be completed. Rather, it represents a meaningful incremental step, 
and taking incremental steps toward an IP-based network is likely to 
ease the path to future upgrades, benefitting carriers and the public 
alike.
    37. Single Deadline. In setting an implementation timeframe, we 
consider the advantages and disadvantages of establishing a single 
deadline versus a phased-in approach with multiple deadlines (e.g., 
based on the type of service provider) to accommodate those providers 
that may need more time to implement 988 in their networks. Weighing 
these factors, we find that rollout of 988 will be most effective if we 
set a single implementation deadline so that stakeholders can clearly 
and consistently communicate to the American public when 988 will be 
universally available. While a phased-in approach could allow us to set 
a shorter deadline for some providers, it risks failed attempts to 
reach 988 by callers who are likely to be unaware of the details of 
staggered regulatory deadlines or the technical intricacies of the 
telephone system on which they rely. Confusion about what number to 
call could be disastrous for individuals and, in the aggregate, could 
erode trust in the Lifeline. As one of the parties advocating for a 
phased-in approach concedes, `` `[n]on-uniform access to 988 will 
confuse callers and be a detriment to accessing crisis services.' '' 
Requiring voice service providers to implement 988 by different 
deadlines poses exactly this risk. And commenters advocating for an 18-
month deadline for most voice service providers and a later 
(unspecified) deadline for legacy wireline carriers do not explain how 
public education campaigns could be effectively conducted to ensure 
that customers of ``wireless, VoIP, and non-legacy wireline networks'' 
know about the availability of the new, shorter Lifeline number at the 
18-month mark while also ensuring that customers of legacy wireline 
networks know that they should not call that number yet. This reality 
is compounded by the fact that a consumer may purchase both mobile 
wireless phone service and legacy wireline home phone service 
(including from the same company, such as AT&T or Verizon) and may have 
the expectation that if 988 works on one of their phones, it will work 
on the other. Although we recognize that some providers may implement 
988 before the deadline we set, we anticipate less consumer confusion 
with a single widely known ``available-no-later-than'' date, 
accompanied by coordinated, national consumer education campaigns. We 
also expect and encourage providers to coordinate with Commission 
staff, SAMHSA, and the VA before moving forward with early adoption, 
which will further facilitate clear and informative public education 
campaigns. To simplify coordination, we ask parties considering early 
implementation to contact [email protected]. Commission staff will monitor 
that email address and share any information received with relevant 
SAMHSA and VA staff.
    38. We therefore decline to adopt a technology-based, phased-in 
implementation approach as some commenters urge. We recognize that many 
of the legacy switches that require upgrading to implement 988 may 
reside in states with rural legacy networks. Many of the area codes 
that are affected are largely rural. And while we understand that 
networks in rural areas in particular may pose more acute challenges 
due to issues such as weather and physical remoteness, the record also 
demonstrates that the need to ease access to life-saving suicide-
prevention resources is also particularly acute in rural and remote 
areas. As we have previously explained, ``suicide does not discriminate 
by geographic region, and to be effective, any code designated for a 
national suicide prevention and mental health crisis hotline system 
must be ubiquitously deployed.'' A phased-in approach would risk 
delaying 3-digit access to some of the areas of the country that need 
it most. As Mental Health America explains, ``[i]n establishing the 
timeline,'' the Commission ``must ensure universal access to the new 
988 number,'' even if implementation takes longer, to avoid ``excluding 
certain rural jurisdictions or other populations from having access.''
    39. We also decline to adopt a phased-in approach on the basis that 
``service providers simply do not have the necessary personnel to make 
all necessary network changes and upgrades at one time.'' We account 
for these challenges by ensuring adequate time for the transition, 
rather than by foregoing the benefits of a single deadline.
    40. Declining Additional Delay. We decline requests for an 
unspecified amount of time for implementation. Setting an indefinite 
timeframe for providing 3-digit access to potentially life-saving 
resources would be contrary to the public interest. The lack of 
regulatory certainty would also risk public confusion, hinder 
preparation by parties involved with operating the Lifeline, sharply 
reduce the incentive for carriers to upgrade their networks promptly, 
and complicate planning and budgeting for all parties involved. 
Moreover, none of the carriers requesting this delay offers a concrete 
plan to ensure ubiquitous deployment of 988 in a timely manner. 
USTelecom's plan would only establish a deadline for 97% of households, 
leaving the others--mostly in rural areas--waiting indefinitely. AT&T 
argues that the Commission should ``avoid a premature implementation 
schedule'' and proposes that the Commission solicit ``input on the 
appropriate implementation schedules that begins 36 months after 
[designation of 988] is set.'' Similarly, the Alliance for 
Telecommunications Industry Solutions asserts that it is ``premature'' 
to establish an implementation deadline before first determining where 
988 calls will be routed, whether 10-digit dialing will be mandated, 
and other ``key decisions.'' But that is the very purpose of this 
notice-and-comment rulemaking proceeding. The unwillingness of 
USTelecom, AT&T, and CenturyLink to identify any point in time by which 
they could complete 988 implementation provides an additional basis to 
reject their various post-circulation attempts to poke holes in the 
deadline we selected. AT&T claims that covered providers are in the 
best position to know how long implementation will take, but even 
assuming that to be true,

[[Page 57776]]

it does us no good if they will not tell us. We recognize that, 
according to some commenters, the original 18-month deadline proposed 
in the Notice provided insufficient time for implementation; thus, we 
have provided additional time accordingly. Based on the foregoing 
analysis, we decline requests to adopt the 18-month deadline proposed 
in the Notice. We do not believe that it is in the public interest, 
however, to provide a general extension beyond two years.
    41. We also reject arguments that the possible need to bolster the 
Lifeline's resources is a reason to establish a lengthier deadline. 
Notably, neither SAMHSA nor the VA have suggested that they require 
additional time to prepare with necessary and approved funding, 
resources, and support to handle increased demand. We reject arguments 
to the contrary by parties that, unlike SAMSHSA and the VA, are not 
well-positioned to evaluate the Lifeline's needs. While additional 
resources may need to be devoted to the Lifeline to ensure a smooth 
transition, USTelecom's recommendation that ``the implementation 
timeline for 988 should only be triggered once [SAMHSA] . . . or 
another appropriate federal entity can certify that the Lifeline call 
centers have adequate network, staffing, and back-up capabilities to 
handle the anticipated increase in call volume'' ignores the fact that 
these same entities have expressed no reservations about preparedness 
in an 18-month timeframe as proposed in the Notice, let alone a 
deadline of July 16, 2022. We therefore reject suggestions to establish 
a lengthier deadline based on the need to prepare the Lifeline for a 
potential increase in calls.
    42. Finally, while we conclude that we should adopt a uniform 
nationwide policy of transitioning to 10-digit dialing in areas in 
which 988 is an NXX code and a uniform nationwide implementation 
deadline, we recognize that each of these decisions could lead to 
unusual hardships in some circumstances. Some parties have argued that 
``despite the best intentions and efforts of all stakeholders'' waivers 
may be necessary ``due to the complexity and operational challenges 
associated with implementing 10-digit dialing.'' We observe that 
nothing in this Order impedes parties' ordinary right to seek a waiver 
of our rules for good cause shown. We may exercise our discretion to 
waive a rule where the particular facts at issue make strict compliance 
inconsistent with the public interest. In considering whether to grant 
a waiver, we may take into account considerations of hardship, equity, 
or more effective implementation of overall policy on an individual 
basis. We caution that waivers are not routinely granted, and that any 
party seeking a waiver must demonstrate both (i) that particular 
circumstances warrant a deviation from the general rules we adopt 
today, and (ii) that grant of a waiver will further the important 
policy objectives of this Order. Parties seeking a waiver of our 10-
digit dialing mandate should be prepared to demonstrate why their 
unique circumstances support a deviation from our uniform nationwide 
policy requiring 10-digit dialing in areas in which 988 is an NXX code. 
We note that GCI, the Alaska Telecom Association and Alaska 
Communications have argued ``given the unique network architecture'' in 
Alaska, which has a single area code, carriers ``can ensure all 988 
calls reach their intended recipient by transitioning to 10-digit 
dialing only in the limited geographic area where 988 is used as an 
NXX, without necessarily requiring that the entire state of Alaska 
transition to 10-digit dialing.'' On this basis, GCI et al. argues that 
we should clarify that our 10-digit dialing mandate applies to an 
``area'' that uses 7-digit dialing and has 988 as an NXX prefix, rather 
than an ``area code.'' We decline to issue the clarification requested 
by GCI et al. because, as USTelecom correctly argues, inserting such 
``broadly applicable language . . . could create additional uncertainty 
and risk[] undermining the Commission's objective of expeditious and 
uniform nationwide implementation for 988.'' Nevertheless, we note that 
GCI et al. remain free to petition the Commission for a waiver of our 
10-digit dialing rule, as described in this section. Similarly, parties 
seeking a waiver of our uniform 988 implementation deadline of July 16, 
2022 should be prepared to demonstrate that they have put forward best 
efforts to comply with our deadline, and detail the specific 
circumstances that have prevented such compliance.
5. Cost Recovery
    43. In the Notice, we proposed that all service providers bear 
their own costs of implementing 988 in their networks. We adopt this 
proposal. As we explained in the Notice, this approach encourages 
affected entities to make any needed upgrades efficiently and avoids 
unnecessary administrative costs. Unlike previous numbering proceedings 
in which the Commission established a cost recovery mechanism, here no 
shared industry costs such as central or regional numbering databases 
or third-party administrators are necessary to implement 988. The 
Commission divided the costs for local number portability into (1) 
shared costs; (2) carrier-specific costs directly related to providing 
number portability; and (3) carrier-specific costs not directly related 
to providing number portability. The Commission established an 
industry-wide cost recovery mechanism for the shared costs of number 
portability, which included the costs of administering the regional 
databases. Because no shared industry costs such as central or regional 
numbering databases or third-party administrators are necessary to 
implement 988, we conclude that the numbering administration 
requirement of section 251(e)(2) does not apply. As explained in the 
Notice, the Commission is only required to apply section 251(e)(2) in 
situations involving some type of numbering administration arrangement. 
No commenter disputes this proposed finding in the Notice. Rather, the 
costs incurred are provider-specific, as each service provider 
determines a solution to route its 988 calls to 1-800-273-8255 (TALK), 
which will vary significantly by individual provider. In addition, it 
is typical in non-numbering matters for providers to comply with 
Commission rules without a specific cost recovery mechanism. We note 
that our decision does not preclude service providers from reflecting 
any increased costs incurred as a result of 988 implementation in their 
rates charged to end users. Moreover, we recently issued a Notice of 
Proposed Rulemaking in a separate proceeding in which we proposed 
providing carriers with pricing flexibility nationwide for voice 
services.
    44. We therefore disagree with commenters who argue that we should 
provide a mechanism for carriers to recover their costs associated with 
the implementation of the 988 dialing code. For example, USTelecom 
argues that we should provide a cost recovery mechanism because 
``[w]hen imposing new abbreviated dialing codes in the past, the 
Commission has allowed states to regulate cost recovery for 
telecommunications providers in most instances.'' The examples cited by 
USTelecom, related to the designation of N11 codes, do not support the 
proposition that we must designate a cost recovery mechanism in this 
proceeding. It is true that, in designating 311 as a nationwide number 
for non-emergency services, we noted that telecommunications service 
providers might incur costs to enable 311, and that ``states would 
regulate cost recovery in most instances.'' Critically however, as the 
Commission explained, this was appropriate because ``311 calls, like 
911

[[Page 57777]]

calls, are typically intrastate'' and the nature and ``[f]unding of 311 
service . . . is a local issue.'' Similarly, the 211, 511, and 811 
designations referenced by USTelecom involved providing callers direct 
access to local resources administered by states and localities. Here, 
however, we are establishing a 3-digit code for reaching the nationwide 
toll free number of the Lifeline, a resource administered by the 
federal government. Under these circumstances, the argument that we 
should defer to the states regarding cost recovery mechanisms is far 
less compelling.
    45. USTelecom further argues that a cost recovery mechanism is 
warranted because ``[r]equiring carriers to bear the costs of mandated 
implementation of 988 while also urging carriers to deploy SHAKEN/STIR 
authentication . . . compounds the financial impact, consuming scarce 
capital resources and lessening carriers' ability to invest in 
broadband.'' And CenturyLink contends that we should authorize a cost 
recovery mechanism because ``the vast majority of 988 implementation 
costs will be borne by the legacy wireline companies.'' We recognize 
that carriers with significant legacy infrastructure may incur higher 
costs in implementing 988 than other voice service providers. However, 
this does not suggest that we should provide a mechanism to recover 
those costs. To the contrary, a recovery mechanism would risk 
undesirable distortions because, as we observed in the Notice, any 
costs borne by telecommunications carriers and VoIP providers will be 
proportional to the size and quality of their networks. As discussed 
above, the switch translations or upgrades necessary to implement 988 
are likely to largely coincide with those required for the transition 
to IP-based services. For this reason, the carriers that would be the 
most likely to need to spend more on upgrades in the absence of today's 
rules--those with large networks with older infrastructure--will be the 
same providers that must spend more in order to implement 988.
    46. Finally, we remind carriers 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.'' Given these significant benefits to carriers, we 
conclude that the costs associated with implementing 988 should be 
borne by service providers. And, as we noted above, our decision today 
does not preclude carriers or providers from adjusting their rates to 
end users to account for these costs if necessary.

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

    47. We are convinced that designating and implementing 988 will 
enable Americans to more easily access proven, life-saving suicide 
prevention and mental health crisis services, and the benefits of our 
actions today far surpass the costs of implementation. In the Notice, 
we estimated that if the new 988 dialing code could deter just one out 
of every one thousand suicides and suicide attempts, ``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.'' We sought comment on this 
preliminary conclusion. Based on the record and updated 2018 data from 
the CDC, we continue to estimate that a 0.1% reduction in suicide 
mortality will create $2.4 billion in present value benefits over the 
course of ten years. This benefit alone far exceeds the estimated 
present value costs of implementation, which remains $367 million. We 
also recognize that there are other significant benefits to 988 beyond 
a reduction in mortality, including cost savings for medical care and 
public safety, further indicating that the benefits of our action today 
greatly outweigh the costs.
1. Benefits
    48. Estimates indicate that ``nearly one-half of the American 
public has been impacted by suicide.'' The Lifeline and Veterans Crisis 
Line provide critical and proven services that save lives, and 
expanding access to these services through the implementation of 988--
an easy-to-remember, 3-digit dialing code--will save lives. In the 
Notice, we provided a range of estimated reductions in suicides 
resulting from the implementation of 988, and estimated that even a 
small reduction, a 0.1% decline in suicides, would save $451 million 
annually. We explained that estimating a precise reduction in suicide 
incidence is difficult and we therefore proposed to evaluate plausible 
suicide-reduction scenarios. No commenters directly addressed our range 
of estimated reductions in suicides, and we see no reason to depart 
from our estimates in the Notice. There, we assigned mortality 
reductions a monetary value based on the value of a statistical life 
(VSL), a measure of the collective willingness to pay to avoid a 
marginal increase in the risk of premature death. Multiplying the 
number of saved lives corresponding to various suicide prevention 
scenarios by the VSL yields a range of annual benefits corresponding to 
the suicide reductions achieved. We evaluate the most modest suicide 
reduction scenario of 0.1% to provide the most conservative estimate of 
benefits.
    49. In 2018, 48,344 Americans died by suicide, and an estimated 1.4 
million attempted suicide. This is an increase in suicides of 1,344 
compared to the 2017 CDC data used for the estimate in the Notice. 
Based on 2018 CDC data, a marginal decline of 0.1% would save 48 
people. Multiplied by the VSL, this results in an estimated annual 
benefit of $461 million (48*$9.6 million). This estimate is higher than 
our earlier $451 million estimate of the annual benefit due to the 
increase in total suicides from 2017 to 2018. In 2018, 1,344 more 
persons died by suicide than in 2017. If our actions would save 0.1% of 
this change, that would be 1.34 lives. This rounds to a single life 
saved. Multiplied by the VSL, the resulting value of the one-person 
increase in mortality is $9.6 million. Over ten years, the present 
value of the mortality reduction using 2017 suicides is $2.352 billion 
vs. $2.404 billion using 2018 suicides. Both figures round to $2.4 
billion. For every expected life saved, the VSL is equal to $9.6 
million. If the 988 dialing code deters one out of every 1,000 
Americans who would otherwise die by suicide, we estimate the annual 
benefit would be approximately $461 million. The present value of this 
benefit over ten years, using a 7% discount rate, is approximately $2.4 
billion. We use a 7% discount rate throughout, consistent with Office 
of Management and Budget guidance. When the proposed regulation 
primarily affects private consumption, OMB recommends a lower discount 
rate of 3%. OMB encourages regulatory analyses to present net benefits 
using both 3% and 7%. For our analysis here, however, the lower 3% 
discount would only increase the net benefits. For the sake of 
simplicity and to be conservative, we calculate net benefits using the 
7% discount rate. Vibrant Emotional Health, the only commenter to 
address the issue, supports the $2.4 billion estimate of benefits 
attributable to suicide reduction.
    50. We agree with commenters that the overall benefits of 
designating and implementing a 3-digit dialing code are broader than 
the direct benefits of saving lives. Vibrant Emotional Health contends 
that the benefits of reducing suicides and suicide attempts also 
include ``cost savings from averted suicide attempts and de-escalation 
of suicidal distress.'' These benefits include decreased burdens on 
public health and safety emergency services as well as on the family 
and those closest

[[Page 57778]]

to the impacted individual. These benefits are conceptually and 
causally different from the VSL. Medical treatment cost is the direct, 
aggregate, out-of-pocket cost of treating self-inflicted wounds. Lost-
productivity cost is the indirect cost measured by the aggregate lost-
earnings caused by self-inflicted wounds. The VSL measures neither lost 
earnings nor medical costs. The VSL is defined as the marginal rate of 
substitution between income and mortality risk, which intuitively 
measures the rate at which individuals are willing to trade money for 
the reduced risk of death. The VSL does not measure the value of life, 
but rather the individual's willingness to pay to reduce risk. We agree 
that these are additional benefits of designating and implementing a 3-
digit dialing code. Since quantifying these additional benefits is not 
necessary to show that the benefits far outweigh the costs, we do not 
quantify them in our cost benefit calculation. We estimate based on the 
most recent data available from the CDC, if only 0.1% of suicides are 
averted by the 988 code, then nearly $795 million dollars in medical 
treatment and lost productivity costs would be saved annually. CDC 
estimates that the 41,149 suicides in 2013 cost the U.S. economy almost 
$51 billion in medical treatment and value of lost work. Suicide 
attempts--non-fatal self-harm injuries-- resulted in nearly $12 billion 
in medical and work-loss costs in 2013 ($11.9 billion is the sum of 
$11.3 billion in medical and work-loss costs for persons whose self-
harm injuries required hospitalization and $627 million in medical and 
work-loss costs for persons treated for self-harm injuries in a 
hospital emergency room and then released). Together, the total cost of 
suicides and suicidal attempts was approximately $63 billion (CDC 
estimates that the 41,149 suicides in 2013 cost the U.S. economy almost 
$51 billion in medical treatment and value of lost work). Adjusting to 
2018 dollars and accounting for changes to the suicide rate, we 
estimate total work-loss and medical costs were approximately $79.5 
billion. We believe this estimate is understated given the 
effectiveness of crisis counselors in reducing suicides and expected 
increases in calls to the Lifeline from 988 implementation. Because we 
did not specifically seek comment on these estimates in the Notice and 
because it is not necessary to include these estimates to show that the 
benefits of 988 far outweigh the costs, we exclude these estimates from 
our cost benefit calculation out of an abundance of caution. Similarly, 
we recognize commenters' claims that implementing 988 will confer other 
benefits that will appear as cost savings elsewhere in the public 
safety system, and ultimately in federal, state and local government 
budgets. When crisis services are unavailable, at-risk individuals are 
often taken by police to local jails, consuming costly police services 
and jail beds. By connecting at-risk individuals to counselors instead, 
a 988 code could spare the economy this cost. As several commenters 
note, diverting individuals in crisis away from emergency services that 
have higher costs would result in significant savings. While we are 
unable to estimate benefits of our actions in preventing these losses, 
it is unnecessary since our benefit estimates already far outweigh the 
costs of 988 implementation.
2. Costs
    51. In the Notice, we estimated that service providers would incur 
one-time outlays to update switches and replace legacy equipment of 
$367 million in present value. This estimate was assumed to be incurred 
one year into the future and was discounted back to present day using 
the 7% discount rate. Estimated costs included $300 million for 
upgrading and replacing switches and $92.5 million for translation 
updates. We sought comment on the accuracy of these estimates and 
whether providers would face other costs. We received support for our 
proposal, and no commenter offers detailed information that causes us 
to deviate from our proposed cost estimate. We therefore adopt our 
proposed $367 million cost estimate.
    52. In its comments, USTelecom argued that the Notice 
underestimates implementation costs because it ``failed to account for 
the fact that switch replacement will typically also require 
reconfiguration or construction of facilities to connect that switch.'' 
USTelecom has since altered its position and states that with 10-digit 
dialing, switch replacement is not necessary. Instead, it states that 
``988 could be implemented through switch translations and upgrades in 
areas with 10-digit dialing,'' so that ``[w]hile carriers will still 
incur costs associated with these switch translations and upgrades, 
they are significantly less than the switch replacements contemplated 
in the Suicide Hotline NPRM.'' USTelecom has not quantified the costs 
it now expects, nor did it quantify the costs for reconfiguration or 
construction that it originally identified. Based on USTelecom's latest 
assertions, we now expect that our cost estimate is overstated by a 
significant amount. ``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 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.'' Nevertheless, 
because we lack record evidence on which to base a different cost 
calculation, and because a lower cost figure is unnecessary to show 
that the estimated benefits far exceed the estimated costs, we adopt 
our proposed $367 million cost estimate. If we assumed that the $30,000 
per switch upgrade cost proposed in the Notice applied to the switches 
that we proposed concluding would require replacement or upgrade, that 
would yield 6,150 switches x $30,000 = $184.5 million in upgrade costs; 
and adding translation updates would yield total estimated cost of 
$251.5 million. But it is not clear from the record whether it is 
correct to assume that the upgrade cost would apply uniformly to the 
switches we proposed concluding would require replacement.
    53. We also note that switch upgrades or replacements necessary for 
988 implementation will provide an added cost savings by reducing 
future upgrade and maintenance costs. We could add these future 
savings, which we do not quantify, to our estimate of total benefits.
    54. Finally, we recognize several commenters expressed concern that 
additional funding for crisis call centers will be needed to 
successfully implement 988. We agree that both call volumes and costs 
are likely to increase with the transition to 988, but we are confident 
that our federal partners, with necessary and approved funding, 
resources, and support to handle increased demand will be well-
positioned to assist the additional Americans who are able to reach 
needed help because of our adoption of 988 in light of their support 
for this proceeding. The relatively small added cost to the Lifeline of 
each additional call is greatly outweighed by the benefit flowing from 
the possibility that the call may have saved a life. Given the gulf 
between the benefits and costs we have quantified, it is highly 
unlikely that the additional costs arising from handling an increased 
call volume would lead overall costs to exceed the enormous benefits of 
using 988 as a 3-digit, easy-to-remember number to reach the

[[Page 57779]]

Lifeline. Accepting SAMHSA's estimated additional call volume costs of 
$50 million annually, increases the net present value of total costs 
over ten years by $351 million (assuming the call volume increase 
occurs instantly at the inception of the hotline in Year 1). The over 
$2 billion in net benefits estimated above is more than sufficient to 
offset this increased cost. If the increase in call volume occurs with 
a lag as the 988 code is implemented, the present value of increased-
call-volume costs decreases, thereby increasing the net benefit.

D. Other Issues

    55. We are pleased to have the opportunity we take today, in our 
capacity as the federal regulator of our nation's communications 
networks, to contribute to the Lifeline's effectiveness as a resource 
for suicide prevention and mental health crisis services. Our role, 
however, is limited--we cannot and do not wish to usurp the role of our 
federal partners or others in operating the Lifeline itself. In 
response to the Notice, some commenters raised other issues that, while 
important, are best addressed in the first instance by others and, in 
some cases, reach beyond our jurisdiction. We briefly discuss these 
issues below. We encourage interested parties to work with our federal 
partners, SAMHSA and the VA, as well as other stakeholders to increase 
the overall effectiveness of the Lifeline and the Veterans Crisis Line, 
and we note that we are able to revisit these issues in the future if 
appropriate.
    56. Texting to 988. In the Notice, we sought comment on whether and 
how to ``account for the fact that Americans, particularly younger 
Americans, increasingly rely on texting to communicate.'' Numerous 
mental health experts that commented in the record emphasize the 
importance of texting as a medium by which some individuals, 
particularly members of certain vulnerable communities such as young 
people, low-income individuals, members of the LGBTQ community, and 
individuals who are deaf and hard of hearing, may wish to obtain crisis 
counseling. We are pleased that several text-based options are 
available nationwide, including a short-code to reach the Veterans 
Crisis Line (838255) and the Crisis Text Line (741741), a private non-
profit service that offers ``a free, 24/7 . . . crisis texting service 
to the public'' and that has ``over 27,000 trained Crisis Counselors in 
the U.S.'' and has ``exchanged over 130 million text messages with 
people in crisis since . . . August 2013.''
    57. At the same time, we agree with the Crisis Text Line and CTIA, 
which argue that it would be premature for us to take action regarding 
text-to-988 capability in this Order. The Lifeline currently lacks an 
integrated text service. As CTIA argues, the ``crucial issue for 
deployment of text-to-988 will be mental health crisis centers' 
election, and technical ability, to receive and respond to messages in 
text medium.'' We do not have the authority to require the Lifeline and 
its crisis centers to develop the technical capability to accept and 
respond to texts. We also do not wish to usurp the role of SAMHSA, 
which has the mental health expertise to determine how best to allocate 
the Lifeline's resources to assist Americans in need. In the absence of 
integrated texting capability, we do not see how the benefits of 
imposing a mandate on covered providers would exceed the costs. We 
therefore defer consideration of mandating text-to-988 at this time so 
that we could revisit the issue promptly should the Lifeline develop 
integrated texting. For these reasons we also decline at this time to 
mandate real-time text capability to 988 as requested by 
Telecommunications for the Deaf and Hard of Hearing, Inc. et al. We 
also decline at this time the Boulder Regional Emergency Telephone 
Service Authority's request that we act to ensure that the Lifeline can 
access caller location information for the purpose of handing off calls 
to local Public Safety Answering Points. Transmission of call location 
information is a technically complicated issue that we cannot resolve 
on the record before us. Further we do not wish to unduly delay or 
complicate implementation of 988 and the life-saving benefits it offers 
to Americans in crisis. At present, we encourage Americans who wish to 
obtain mental health crisis counseling via text and chat to use 
existing resources provided by SAMHSA, which provides a chat portal on 
the Lifeline website; the VA, which offers veterans both an online chat 
service and a text service accessible by dialing 838255; or the Crisis 
Text Line, a private non-profit service that offers a free, 24/7 crisis 
texting service to the public.
    58. Direct Video Calling to 988. Some commenters urge us to require 
the deployment of a direct American Sign Language (ASL) suicide 
prevention hotline for individuals who are deaf or hard of hearing to 
interact with the Lifeline without the need for an interpreter. We 
encourage the deployment of direct communications solutions for 
individuals with disabilities and have adopted several policies to 
provide sign language users with access to enhanced options for point-
to-point communications. We recently adopted rules to facilitate 
consumer support call centers in implementing direct video calling and 
enabling sign language users to communicate directly with signing call 
center representatives. We decline, however, to mandate deployment of a 
direct ASL suicide prevention hotline because we lack authority over 
the functions or administration of the Lifeline and because our rules 
facilitate rather than mandate direct video calling. We emphasize that 
the Lifeline is available to users of TRS, and TRS users will be able 
to reach the Lifeline via 988. The Lifeline also maintains a separate 
TTY number, as well as an online chat portal.
    59. Funding for the Lifeline Network. Some commenters raise 
concerns about whether the Lifeline network and individual call centers 
have sufficient capacity and funding to meet the increased demand that 
will likely result from the establishment of the 988 dialing code. 
While these issues fall outside of our jurisdiction, we note that our 
federal partners are aware that ``increased community crisis center 
capacity would be necessary to answer the anticipated significant 
increase in call volume.'' And with our adoption of a July 16, 2022 
deadline, they will have additional time to prepare for such an 
increase. We also encourage stakeholders to work with Congress during 
this period to ensure appropriate funding for the Lifeline.

II. Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the Notice of Proposed Rulemaking (Notice), released 
December 2019. The Commission sought written public comments on the 
proposals in the Notice, including comment on the IRFA. No comments 
were filed addressing the IRFA. Because the Commission amends its rules 
in this Report and Order (Order), the Commission has included this 
Final Regulatory Flexibility Analysis (FRFA). This present FRFA 
conforms to the RFA.

A. Need for, and Objectives of, the Rules

    2. Pursuant to the Suicide Hotline Improvement Act of 2018, the 
Notice proposed to designate 988 as the 3-digit dialing code for a 
national suicide and mental health crisis hotline system. The Notice 
proposed to require all telecommunications carriers and interconnected 
voice over internet

[[Page 57780]]

protocol (VoIP) providers to transmit calls initiated by dialing 988 to 
the current toll free access number for the National Suicide Prevention 
Lifeline, and to implement such changes within 18 months.
    3. Pursuant to these objectives, the Order adopts changes to the 
Commission's rules to: (1) Designate 988 as 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; (2) require all 
telecommunications carriers, interconnected voice over internet 
Protocol (VoIP) providers, and one-way VoIP providers (together, 
``covered providers'') to 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); (3) 
require all covered providers to complete 10-digit dialing 
implementation in areas that use 7-digit dialing and have assigned 988 
as a central office code; (4) require all covered providers to complete 
all changes to their systems that are necessary to implement the 
designation of the 988 dialing code by July 16, 2022. These 
modifications advance the goals of the Suicide Hotline Improvement Act 
of 2018 and the Commission's goal of addressing the growing suicide 
dilemma facing our country.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    4. There were no comments filed that specifically addressed the 
proposed rules and policies presented in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    5. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments.
    6. The Chief Counsel did not file any comments in response to the 
proposed rules this proceeding.

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

    7. 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 final rules adopted pursuant to the Order. The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small-business concern'' under the 
Small Business Act. A ``small-business concern'' is one which: (1) is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
SBA.
    8. 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.
    9. 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).
    10. 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.''
    11. 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.
    12. 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.
    13. 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

[[Page 57781]]

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.
    14. 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.
    15. 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 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.
    16. 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.
    17. 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.
    18. 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.
    19. 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

[[Page 57782]]

fewer employees. Consequently, the Commission estimates that most Other 
Toll Carriers are small entities.
    20. 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.
    21. 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 1000 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.
    22. 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 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.

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

    23. The Order modifies the Commission's rules to require 
implementation of 988 as the 3-digit dialing code for a national 
suicide prevention and mental health crisis hotline by July 22, 2022. 
The final rules adopted in the Order do not contain any new or 
additional reporting, recordkeeping, or other compliance obligations.

F. Steps Taken to Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    24. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its approach, which may include the following four 
alternatives (among others): ``(1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the 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.''
    25. The final rules adopted in this Order require that all covered 
providers to 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). Because ``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,'' the Commission cannot exempt entities from 
or delay the implementation of 988. However, we do not believe the 
actions in this Order will overly burden small carriers or providers.

G. Report to Congress

    26. The Commission will send a copy of the Order, including this 
FRFA, in a report to be sent to Congress pursuant to the Congressional 
Review Act. In addition, the Commission will send a copy of the Order, 
including this FRFA, to the Chief Counsel for Advocacy of the SBA. A 
copy of the Order and FRFA (or summaries thereof) will also be 
published in the Federal Register.

III. Procedural Matters

    27. 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 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).
    28. Final Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act of 1980,103 the Commission has prepared a 
Final Regulatory Flexibility Analysis (FRFA) of the possible 
significant economic impact on small entities of the policies and 
rules, as proposed, addressed in this Report and Order. The FRFA is set 
forth in Appendix B. The Commission will send a copy of this Report and 
Order, including the FRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (SBA).
    29. Congressional Review Act. The Commission has determined, and 
the Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs, that this rule is non-major 
under the Congressional Review Act, 5 U.S.C. 804(2), because it is 
promulgated under the Telecommunications Act of 1996 and the amendments 
made by that Act. The Commission will send a copy of this Report & 
Order to Congress and the Government Accountability Office pursuant to 
5 U.S.C. 801(a)(1)(A).
    30. 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).
    31. 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]

[[Page 57783]]

IV. Ordering Clauses

    32. Accordingly, IT IS ORDERED that, pursuant to authority found in 
sections 1, 4(i) and 4(j), 201, 225, 251, 255, 303(g), 303(r), and 
332(c) of the Communications Act as amended, 47 U.S.C. 151, 154(i), 
154(j), 201, 225, 251, 255, 303(g), 303(r), and 332(c) this Report and 
Order IS ADOPTED.
    33. IT IS FURTHER ORDERED that, pursuant to Sec. Sec.  1.4(b)(1) 
and 1.103(a) of the Commission's rules, 47 CFR 1.4(b)(1), 1.103(a), 
this Report and Order SHALL BE EFFECTIVE 30 days after publication in 
the Federal Register.
    34. IT IS FURTHER ORDERED, that the North American Numbering Plan 
Administrator SHALL ASSIGN 988 as a national abbreviated dialing code 
to be used exclusively for access to the 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 as of the effective date of this Report and Order.
    35. IT IS FURTHER ORDERED that part 64 of the Commission's rules IS 
AMENDED as set forth in Appendix A of the Report and Order.
    36. IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of 
this Report and Order to Congress and to the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).
    37. IT IS FURTHER ORDERED that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis (FRFA), 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.

Final Rules

    For the reasons discussed, the Federal Communications Commission 
amends 47 CFR part 52 as follows:

PART 52--NUMBERING

0
1. The authority citation for part 52 is amended to read as follows:

    Authority:  47 U.S.C. 151, 152, 153, 154, 155, 201-205, 207-209, 
218, 225-227, 251-252, 271, 303, 332, unless otherwise noted.


0
2. Subpart E, consisting of Sec.  52.200, is added 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 for a National Suicide Prevention and 
Mental Health Crisis Hotline.

    (a) 988 is established as 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 covered 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 covered providers shall complete 10-digit dialing 
implementation in areas that use 7-digit dialing and have assigned 988 
as a central office code as defined in Sec.  52.7(c) by July 16, 2022.
    (d) All covered providers shall complete all changes to their 
systems that are necessary to implement the designation of the 988 
dialing code by July 16, 2022.
    (e) For purposes of complying with the requirements of this 
section,
    (1) The term ``covered provider'' means any telecommunications 
carrier, interconnected VoIP provider, or provider of one-way VoIP.
    (2) The term ``one-way VoIP''--
    (i) Means a service that--
    (A) Enables real-time, two-way voice communications;
    (B) Requires a broadband connection from the user's location;
    (C) Requires internet protocol-compatible customer premises 
equipment; and
    (D) Permits users generally to receive calls that originate on the 
public switched telephone network or to terminate calls to the public 
switched telephone network.
    (ii) Does not include any service that is an interconnected VoIP 
service.

[FR Doc. 2020-16908 Filed 9-15-20; 8:45 am]
BILLING CODE 6712-01-P