Implementation of the National Suicide Hotline Act of 2018, 88890-88905 [2024-25912]
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Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 52
[WC Docket No. 18–336; FCC 24–111; FR
ID 258492]
Implementation of the National Suicide
Hotline Act of 2018
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) adopted a Third Report
and Order that requires wireless
providers to implement a georouting
solution for calls to the 988 Suicide &
Crisis Lifeline (988 Lifeline or Lifeline)
to facilitate access to critical local
intervention services. The majority of
calls to the 988 Lifeline are made from
wireless phones. However, the 988
Lifeline’s system was originally
designed to route calls to crisis centers
based on a caller’s area code and
exchange, which may not correspond to
the caller’s physical location. With
georouting data, the 988 Lifeline will be
able to route wireless calls to local crisis
centers based on the geographic area
where the handset is located at the time
the 988 call is initiated while
maintaining privacy by not identifying
the caller’s precise location. The Third
Report and Order also revises the
Commission’s existing 988 voice and
texting rules to permit routing to the 988
Lifeline without translation to a toll free
access number, giving wireless
providers flexibility in implementing
georouting solutions.
DATES:
Effective date: This rule is effective
December 12, 2024.
Compliance dates: Compliance with
the addition of 47 CFR 52.202 is
required for nationwide Commercial
Mobile Radio Service (CMRS) providers
by 30 days after December 12, 2024 and
compliance is required for all CMRS
providers by 24 months after December
13, 2024.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For
further information, contact Merry
Wulff at Merry.Wulff@fcc.gov or at (202)
418–1084.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Third
Report and Order in WC Docket No. 18–
336, FCC 24–111, adopted on October
17, 2024 and released on October 18,
2024. The full text of the document is
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SUMMARY:
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available on the Commission’s website
at https://docs.fcc.gov/public/
attachments/FCC-24-111A1.pdf. To
request materials in accessible formats
for people with disabilities (e.g., Braille,
large print, electronic files, audio
format, etc.), send an email to FCC504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice).
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). The Commission sent a
copy of this Third Report & Order to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Synopsis
1. In this Third Report and Order, and
consistent with our proposal in the
Implementation of the National Suicide
Hotline Act of 2018, Second Further
Notice of Proposed Rulemaking
(SFNPRM), 89 FR 46340 (May 29, 2024),
we adopt a rule that would require
wireless providers to implement a
georouting solution for calls to the 988
Lifeline. We find that a georouting
mandate will strengthen and improve
access to the critical benefits of the 988
Lifeline for callers in crisis. We then
define the type of location data that
qualifies as georouting data. Next, we
require nationwide and non-nationwide
Commercial Mobile Radio Service
(CMRS) providers to have the capability
to provide georouting data with 988
calls to the Lifeline Administrator in a
format that is compatible with the 988
Lifeline’s routing platform to allow
routing of calls by generating location
data using cell-based location
technology. We require CMRS providers
to aggregate the cell-based location data
to a level that will not identify the
location of the cell site or base station
receiving the 988 call or otherwise
identify the precise location of the
handset, thereby protecting the privacy
of the caller.
2. To give wireless providers
flexibility for this mandate, we do not
specify a particular method for
aggregating the location data and allow
providers to use technically feasible
options for meeting this requirement to
the extent that they are compatible with
the systems used by the 988 Lifeline.
This approach is consistent with
solutions deployed or being deployed
by the three nationwide CMRS
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providers. We then establish an
implementation timeline for georouting
calls to the 988 Lifeline of 30 days
following the effective date of the rule
for nationwide CMRS providers, which
is supported by the nationwide
providers’ representations that they will
have already deployed compliant 988
georouting solutions by the compliance
deadline. This action will ensure that as
soon as possible, the vast majority of
callers to the 988 Lifeline in the United
States have access to support and
resources most closely connected to
their location with appropriate privacy
safeguards. We expect that nonnationwide CMRS providers will be able
to leverage the solutions implemented
by the nationwide providers, and for
that reason, we require non-nationwide
providers to implement georouting 24
months after the effective date of the
rule. Finally, we revise our existing 988
voice and texting rules to allow for
routing to the national suicide
prevention and mental health crisis
hotline system maintained by the U.S.
Department of Health and Human
Services’ (HHS) Substance Abuse and
Mental Health Services Administration
(SAMHSA) and the U.S. Department of
Veterans Affairs (VA) without need for
translation to the toll free number.
Overall, we find that the reasonable and
flexible georouting mandate and rule
revisions we adopt will provide
certainty that 988 callers will be
connected to the crisis center nearest to
them.
Georouting Will Improve Access and
Efficiency of the 988 Lifeline
3. Under our current rules, calls to
988 must first be routed to the existing
toll free ten-digit access number for the
988 Lifeline, from which they are then
routed to one of over 200 regional crisis
centers based on the area code and
exchange of the caller’s telephone
number supplied by the originating
service provider. The Commission’s
rules also require covered 988 text
messages to be routed to the 988
Lifeline’s current toll free ten-digit
access number. The Wireline
Competition Bureau granted a waiver to
allow covered text providers to route
covered 988 text messages to the 988
Lifeline using the short code protocol
without translation to the Lifeline’s
current toll free access number. This
allows return texts from the 988 Lifeline
to appear on consumer devices as
coming from 988 rather than 1–800–
273–TALK. As technology trends have
shifted from landline phones to mobile
phones, many callers now rely on
wireless devices with area codes that
may not correspond to their physical
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locations when contacting the 988
Lifeline, complicating their access to
vital local services. In the SFNPRM, we
explained that the majority of calls
placed to the 988 Lifeline are from
wireless phones, and the area codes of
those phones often do not correspond to
the location of the caller. The Lifeline
Administrator estimates that 80% of
calls placed to the 988 Lifeline are from
wireless phones. While 988 call takers
can provide support regardless of a
caller’s location, they may not be able to
connect callers in crisis to local
resources. We proposed to adopt a rule
that would require wireless providers to
implement one or more georouting
solutions for calls to the 988 Lifeline in
order to ensure more accurate routing of
calls. After reviewing the record in this
proceeding, we find that requiring
wireless providers to support georouting
for wireless 988 calls is essential to
improve the public’s access to the 988
Lifeline’s critical mental health crisis
and suicide prevention services.
4. The record demonstrates nearunanimous agreement for the assertion
that there is a need to improve routing
of wireless 988 calls to help ensure that
callers are routed to geographically
appropriate crisis centers. Commenters,
including industry and mental health
advocates, agree that georouting for 988
wireless calls will improve access to
critical local resources and help connect
callers to counselors who may be more
knowledgeable about unique
community stressors and other regional,
cultural, and economic factors
impacting callers in distress. As several
mental health advocates emphasize,
access to local resources and support
can mean the ‘‘difference between life
and death for hundreds of thousands of
individuals annually.’’ Commenters also
highlight that georouting for 988 calls
will improve access to referral and
follow-up services that may reduce the
risk of future mental health crises and
suicidality. For example, Mental Health
America states that connecting callers to
‘‘support based on their physical
location can enable crisis contact
centers to provide connections to local
resources and follow-up services,
reducing the risk of suicidality for
individuals in crisis.’’ Several
commenters also assert that follow-up
services are ‘‘more meaningful when a
caller is connected to local crisis
support.’’
5. Mental health and crisis counselors
also emphasize that connecting callers
with local crisis centers may avert
unnecessary dispatch of emergency
services and law enforcement. For
example, Mental Health America states
that ‘‘the ability for 988 callers to be
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routed to local crisis centers allows
counselors to better respond to unique
factors and situations, which may also
help avoid unnecessary use of
emergency services and law
enforcement.’’ Similarly, as the current
Lifeline Administrator explains,
connecting callers to trained counselors
who can offer ‘‘emotional support and
local care resources’’ can avert
‘‘unnecessary use of emergency services
and law enforcement,’’ which is
paramount. Moreover, many
commenters assert that implementing
georouting solutions for wireless 988
calls will enhance the ability of crisis
centers to respond effectively to
emergency situations and facilitate the
dispatch of mobile crisis services.
6. The record also demonstrates that
a georouting mandate for wireless 988
calls will advance digital equity by
helping to ensure that at-risk
populations can more easily access
resources in their communities. As the
Lifeline Administrator explains, certain
populations with a higher risk of suicide
are disproportionately impacted by the
Lifeline’s area code-based routing
system, including older adults, youth
and young adults, non-Hispanic Black,
American Indian, and Alaska Native
communities.
Georouting Mandate for Wireless 988
Voice Calls
7. Based on the record presented and
in furtherance of the policy goals
articulated above, we require
nationwide and non-nationwide CMRS
providers to implement georouting
solutions for calls to the 988 Lifeline.
Specifically, we require that all CMRS
providers have the capability to provide
georouting data with 988 calls to the
Lifeline Administrator in a format
compatible with the Lifeline’s routing
platform, to allow routing of 988 calls
by the Lifeline Administrator to the
appropriate crisis center based on the
geographic area where the handset is
located at the time the 988 call is
initiated. We further require that all
CMRS providers must provide
georouting data, when available, with
988 calls to the Lifeline Administrator
sufficient to allow routing of the 988
call by the Lifeline Administrator. In
conjunction with our mandate, we
recognize the Lifeline Administrator’s
commitment to continue to ‘‘safeguard
user privacy and confidentiality’’ as
georouting is implemented.
8. Georouting. We define ‘‘georouting
data,’’ for purposes of these rules, as
location data generated from cell-based
location technology that is aggregated to
a level that will not identify the location
of the cell site or base station receiving
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the 988 call or otherwise identify the
precise location of the handset. We find
that this definition of ‘‘georouting data’’
most appropriately balances the need to
maintain the privacy of 988 callers
while ensuring the 988 Lifeline has the
information needed to route calls to
geographically appropriate crisis
centers. The record reflects significant
support for georouting solutions that
provide geographic routing information
to the Lifeline without identifying a
caller’s precise location. Indeed, we
received over 1,500 comments from
National Alliance on Mental Illness
(NAMI) advocates representing nearly
every State expressing support for
requiring wireless providers to
implement georouting solutions for 988
calls while protecting privacy. Many
commenters emphasized the importance
of not disclosing more precise location
information to maintain callers’ privacy
and ensure trust in the 988 Lifeline.
Several commenters also highlight that
the expectations of 988 callers differ
from the context of 911 calls, where
callers generally expect an immediate,
location-specific medical or police
response.
9. To ensure the privacy of 988
callers, we decline, at this time, to
require wireless providers to provide
more precise geolocation data with 988
calls. Commenters, including mental
health advocates and crisis counseling
experts, express significant privacy
concerns about including geolocation
information with wireless 988 calls,
which, unlike georouting data, does
involve the transmission of a caller’s
precise location. The Commission
previously considered the potential
benefits of including geolocation
information with calls to the 988
Lifeline. In this regard, in April 2021, as
directed by Congress pursuant to the
National Suicide Hotline Designation
Act of 2020, the Commission submitted
a report that examined the costs and
feasibility of transmitting dispatchable
location information with calls to 988.
As the Wireline Competition Bureau
explained in the 988 Geolocation
Report, transmitting geolocation
information with calls to the 988
Lifeline raised a variety of important
privacy concerns, legal issues, and
technical complexities that require
extensive investigation and time to
resolve. Several commenters highlight
that the challenges identified in the 988
Geolocation Report remain relevant
today. Moreover, the record does not
evidence a need to include geolocation
information with wireless 988 calls to
facilitate routing to the appropriate local
crisis center.
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10. The rules we adopt allow CMRS
providers and the Lifeline
Administrator flexibility in developing
and implementing technical solutions,
for example, aggregating georouting data
at the county or wire center level, while
protecting privacy interests by
prohibiting the transmission of more
granular cell site data or the precise
location of the caller. In its comments,
the Lifeline Administrator explains that
the georouting solutions developed by
the nationwide wireless providers, in
conjunction with SAMHSA and the
Lifeline Administrator were designed to
‘‘minimize[ ] user-specific data to
simply route the user to the nearest
crisis center based on cell phone tower
data, rather than using a callers’ exact
phone location.’’ Similarly, T-Mobile
asserts that its georouting solution
‘‘protects the privacy interest of callers
by not providing precise geolocation
information.’’ CX360 also states that the
georouting solutions ‘‘never capture[ ] a
help seeker’s precise location.’’ We
anticipate that the definition of
‘‘georouting data’’ that we adopt will
give nationwide CMRS providers the
flexibility to continue their efforts to
implement georouting solutions and
comply with their obligations to protect
user location information. Additionally,
we believe these privacy safeguards
included in the definition alleviate
record concerns that georouting rules
may ‘‘inadvertently suppress use of the
988 Lifeline’’ due to concerns about
disclosing geolocation information.
11. Voluntary Implementation by
Nationwide CMRS Providers. We
recognize that certain commenters
contend that mandating georouting for
wireless 988 calls is unnecessary at this
time. Some telecommunications
industry commenters oppose adoption
of rules requiring CMRS providers to
implement georouting solutions for
wireless 988 calls, arguing that
georouting solutions will soon be
available through the voluntary efforts
of nationwide CMRS providers. They
also claim that mandating georouting
may introduce uncertainty, potentially
delaying or complicating the
deployment of georouting solutions.
While we recognize industry’s
assertions, these providers also
acknowledge the importance of
promptly implementing georouting
solutions for wireless 988 calls. In
mandating georouting, we carefully
balance the request to proceed more
cautiously, as voiced by providers, with
the significant record support calling for
the need for a georouting mandate that
enhances access to critical local services
for callers in crisis without delay, while
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giving providers the flexibility to
develop georouting solutions that fit
with their network capabilities to the
extent that those solutions are
compatible with the systems used by the
Lifeline.
12. As we noted in the SFNPRM,
certain stakeholders have already
engaged with SAMHSA and the Lifeline
Administrator to develop georouting
solutions for 988 calls. The record
reflects that the three nationwide
wireless providers have already
implemented georouting for wireless
988 calls or are in the process of
deploying georouting solutions in their
networks. We support the voluntary
efforts by wireless providers and our
Federal partners to deploy georouting
solutions for 988 calls in their wireless
networks. We decline, however, to
allow deployment of georouting
solutions on a purely voluntary basis.
Given the clear public interest benefits
of supporting georouting for wireless
988 calls, we find that deployment and
implementation of georouting solutions
for wireless 988 calls should not be
optional.
13. We disagree with CTIA’s
contention that no commenters have
offered ‘‘a reason why rules are needed
to ensure that 988 georouting solutions
are implemented.’’ As the Lifeline
Administrator states, a georouting
mandate is needed to ensure consistent
access to the 988 Lifeline’s localized
resources, prevent variations in support
based on an individual’s service
provider, and to allow the 988 Lifeline
to better serve individuals in crisis. The
nation’s mental health and substance
use disorder community also supports
immediate action to require wireless
providers to implement georouting
solutions for wireless 988 calls,
emphasizing the urgency of connecting
individuals in crisis to local services.
For these reasons, we conclude that
allowing wireless providers to
implement georouting solutions on a
purely voluntary basis would
undermine our goal of ensuring that the
benefits of georouting are realized
nationwide in a timely manner.
14. We further disagree with
commenters that our georouting
requirements would interfere with the
efforts of the three major nationwide
wireless providers to implement and
deploy georouting solutions. The rules
we adopt give wireless providers the
flexibility to continue their efforts to
implement the georouting solutions
developed with SAMHSA and the
Lifeline Administrator, ensuring that the
benefits of improved 988 call routing
can be realized without delay. ATIS
asserts that ‘‘[a] more flexible,
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requirements-based approach would
facilitate the timely deployment of 988
routing solutions’’ and allow wireless
providers to ‘‘continue their
deployments.’’ Further, as AT&T states,
a general requirement will ‘‘not interfere
with existing efforts between wireless
providers’’ and will provide ‘‘flexibility
to adapt to changing technologies.’’
15. Georouting Required for all CMRS
Providers. We find that requiring all
CMRS providers to have the capability
to provide georouting data with 988
calls is necessary to ensure that wireless
988 callers receive the demonstrated
benefits of georouting, regardless of the
providers’ network configurations. We
define nationwide CMRS providers as
those providers whose service extends
to a majority of the population and land
area of the United States. Nonnationwide CMRS providers include all
CMRS providers other than a
nationwide CMRS provider. We agree
with Reimagine Crisis Response that
‘‘[c]onnecting more people to timely and
local crisis support and services through
accurately routed 988 calls will save
lives.’’ For that reason, we decline to
limit application of our rules to voice
calls carried end-to-end on IP networks,
as advocated by some commenters.
However, we recognize that current
georouting solutions may rely on the IPbased capabilities of the Lifeline and
wireless providers’ networks, which
may impact wireless providers’ ability
to transmit georouting data with
wireless 988 calls over non-IP networks.
Therefore, the rules we adopt require
nationwide and non-nationwide
providers to provide georouting data
when available and offer flexibility for
wireless providers to work with the
Lifeline Administrator on a case-by-case
basis to address any individualized
network considerations. We also
provide non-nationwide providers an
ample compliance deadline, as
discussed below, to allow time for
development of technical solutions. We
conclude that this approach
appropriately balances the public
interest in providing critical
improvements to life-saving services
with CMRS providers’ needs to develop
technical solutions to implement the
new requirements. We find that the
targeted requirements we adopt give
wireless providers sufficient flexibility
to capitalize on their current technology
and network configurations to ensure
that the maximum number of wireless
988 callers benefit from georouting as
quickly as possible. The Commission
will take further action, if necessary, to
ensure that wireless providers are
providing the Lifeline Administrator
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with georouting data when available to
ensure the Administrator is capable of
routing wireless 988 calls.
16. We are unpersuaded by arguments
that non-nationwide CMRS providers
should be exempt from implementing
georouting for wireless 988 calls. Rural
Wireless Association (RWA) claims that
georouting solutions have not ‘‘been
tested in a real-world application and
implemented by any CMRS provider.’’
Southern Linc also claims that nonnationwide CMRS providers have not
yet participated in the georouting
‘‘solutions development process.’’ The
record reflects, however, that the
nationwide providers have developed
and implemented or are in the process
of implementing georouting solutions
for wireless 988 calls. While we
acknowledge that non-nationwide
CMRS providers may face operational
limitations when implementing
georouting solutions for wireless 988
calls, we agree with commenters that
non-nationwide CMRS providers will be
able to leverage the georouting solutions
developed and implemented by
nationwide providers in collaboration
with SAMHSA and the Lifeline
Administrator. Further, several
commenters highlight the importance of
implementing georouting solutions to
improve access to the 988 Lifeline’s
crisis intervention services for people in
rural areas, who face a disproportionate
risk of suicide and may need to be
aware of limited mental healthcare
resources available near their
communities. We encourage nonnationwide CMRS providers to
collaborate with SAMHSA and the
Lifeline Administrator in developing
and implementing georouting solutions.
To further reduce the burden on nonnationwide entities under the rules we
adopt, we grant longer compliance
timelines to non-nationwide CMRS
providers, as discussed below.
Georouting Data Format Compatible
With the Lifeline
17. In the SFNPRM, we described our
goal to ‘‘undertake a holistic review to
ensure that any georouting solution
deployed is compatible with the needs
and systems of the 988 Lifeline, as
determined by SAMHSA, and
successfully connects callers in crisis
with the local support they need.’’ The
requirements we adopt will ensure that
the vast majority of wireless 988 callers
receive the benefits of georouting as
expeditiously as possible by ensuring
that georouting data is provided in a
format that is compatible with the
Lifeline’s routing platform, maintaining
the centralized routing system of the
988 Lifeline, and giving wireless
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providers sufficient flexibility to
implement and deploy georouting
solutions.
18. Capability to Provide Georouting
Data. Consistent with the SFNPRM, we
require all CMRS providers to have the
capability to provide georouting data
with 988 calls to the Lifeline
Administrator in a format that is
compatible with the Lifeline’s routing
platform. The record evinces support for
this requirement. For example, CX360
states that georouting solutions that
leverage the Lifeline’s existing
infrastructure ‘‘create technical
efficiencies’’ and align with the
Lifeline’s efforts to provide
‘‘community-based support with
national-level support for specific atrisk communities.’’ T-Mobile asserts
that compatibility with the Lifeline will
avoid the significant costs incurred for
network or system changes and
‘‘minimize[ ] the risk of technological
errors’’ in efficiently delivering 988
calls. Several commenters also indicate
that georouting data in a format that is
compatible with the Lifeline’s routing
platform will prevent delays in
deploying georouting solutions.
Moreover, the Lifeline Administrator
emphasizes, and we agree, that
implementing georouting solutions that
are compatible with the 988 Lifeline’s
‘‘existing infrastructure and a uniform
standard developed in partnership with
SAMHSA and the Administrator [will]
allow the 988 Lifeline to better serve
individuals in crisis.’’ We emphasize
that our rules create an ongoing
obligation for wireless providers to
ensure that georouting data is in a
format that is compatible with the
Lifeline’s routing platform. We
encourage wireless providers to
collaborate with SAMHSA and the
Lifeline Administrator in developing
and testing georouting solutions that
meet these compatibility requirements.
19. The record reflects that the three
nationwide wireless providers have
already developed and implemented, or
are in the process of implementing
georouting solutions, that are
compatible with the needs and systems
of the 988 Lifeline. As the Lifeline
Administrator notes, these georouting
solutions are the preferred solution for
the Lifeline, were designed to be
compatible with the Lifeline’s existing
routing structure, and do not require
‘‘creation of an entirely new 988 Lifeline
framework and architecture.’’ We
anticipate that the approach we adopt
will allow wireless providers to build
on the success of the efforts of the
nationwide wireless providers,
streamlining implementation and costs
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88893
while facilitating faster deployment of
georouting solutions.
20. Given the importance of providing
meaningful support to help-seekers
reaching out to the 988 Lifeline, we
recognize that our Federal partners may
choose to expand the functionality of
the Lifeline’s system in the future to
support additional georouting data
formats. We direct the Wireline
Competition Bureau to routinely consult
with our Federal partners at SAMHSA
regarding the format of georouting data
that is compatible with the Lifeline’s
system. We further direct the Wireline
Competition Bureau to monitor the
development of compatible georouting
solutions and, if necessary, propose and
seek comment on implementation
parameters for wireless providers for
any compatible georouting data that is
substantially modified from the
georouting rule adopted herein.
21. Centralized Routing. Today,
routing to the appropriate crisis call
center is handled by a centralized
routing system overseen by the Lifeline
Administrator and supported by a grant
from SAMHSA, and we find it is critical
to retain this structure. We agree with
commenters that our rules should
preserve the role of the Lifeline
Administrator in routing 988 calls to
geographically appropriate local crisis
centers. Consistent with the SFNPRM,
we recognize that SAMHSA and the
Lifeline Administrator are best suited to
ensure that calls are properly routed and
ultimately answered by a crisis center
once the call is received by the Lifeline
Administrator from the originating
wireless provider. The record highlights
that the Lifeline Administrator, under
the direction of SAMHSA, plays a
critical role in managing the 988
Lifeline’s system by balancing call
volume, ensuring calls are efficiently
routed to appropriate and available
crisis centers, and minimizing the
technical burdens placed on crisis
centers so they can focus on saving
lives. As USTelecom emphasizes, the
challenges associated with routing calls
to the Lifeline are not limited to
directing calls to the ‘‘correct crisis
center,’’ but also ensuring they reach
available crisis centers, given that many
have varying operating hours.
22. We find that the success of the
Lifeline system in helping individuals
in crisis underscores the importance of
maintaining the centralized routing
system. As the Lifeline Administrator
notes, ‘‘[e]valuations of the 988 Lifeline
service have found that the majority of
callers were significantly more likely to
feel less depressed, less suicidal, less
overwhelmed, and more hopeful after
speaking with a 988 Lifeline crisis
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counselor.’’ We find that the
requirements we adopt appropriately
maintain the critical role of the Lifeline
in routing calls to crisis centers.
Additionally, we believe that this
approach alleviates record concern
about the roles of CMRS providers and
the Lifeline in the 988 call path.
23. Although some commenters argue
that alternative georouting solutions that
bypass the Lifeline’s centralized routing
system may offer some benefits for 988
callers, we find that the benefits of
centralized routing greatly exceed the
costs of localized routing. In the 988
Report and Order, 85 FR 57767 (Sept.
16, 2020), the Commission found that
the Lifeline’s centralized routing
process offered numerous benefits for
both the providers that route calls to the
988 Lifeline and the Lifeline itself,
including faster implementation, lower
costs to maintain 988 routing, and better
Lifeline service. We are convinced by
the record that these benefits still
remain true today. In particular, we
believe that maintaining the Lifeline’s
centralized routing process will simplify
administration of the Lifeline and allow
for faster implementation of georouting
solutions. For example, the Lifeline
Administrator states that the georouting
solutions developed with the
nationwide wireless providers using the
Lifeline’s centralized routing process
‘‘would be cost-effective’’ for both the
Lifeline and providers, and would allow
for faster deployment of georouting
solutions.
24. Specialized Services. We decline,
at this time, to take specific action to
apply our georouting requirements to
the Lifeline’s specialized services. In the
SFNPRM, we sought comment on
whether georouting is necessary for
specialized services, and whether there
are any unique considerations for
routing such calls that may impact our
proposals. As discussed above, the 988
Lifeline’s interactive voice response
(IVR) system currently provides callers
the opportunity to connect with
specialized services by selecting ‘‘1’’ for
the Veterans Crisis Line, ‘‘2’’ for a
Spanish language line, and ‘‘3’’ for a
specialized LGBTQI+ line.
25. We recognize that several
commenters assert that georouting data
may provide benefits for individuals
who use the Lifeline’s specialized
services, such as the LGBTQI+
community and veterans. However, the
record demonstrates that there are
unique considerations for specialized
services, including the need for access
to specially trained counselors, resource
constraints, and increased privacy
concerns. For example, Trevor Project
explains that while ‘‘geographic location
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can provide a strong cultural connection
for many 988 callers,’’ research has
shown that ‘‘competency with LGBTQ+
youth issues is the critical element
necessary to effectively support
LGBTQ+ young people in crisis.’’ We
believe our Federal partners at
SAMHSA and the VA are best
positioned to evaluate the benefits and
challenges of using georouting data
provided with 988 calls for the
Lifeline’s subnetworks. We anticipate
that maintaining the existing centralized
routing process will provide the Lifeline
flexibility to use its expertise in
deciding the most geographically
appropriate crisis centers to direct
callers who select specialized services.
We also anticipate that our rules will
better allow the Lifeline to adapt and
expand as necessary to meet the unique
needs of 988 callers who select
specialized services.
Cell-Based Location for Georouting
26. The definition of ‘‘georouting
data’’ we adopt specifies that location
data is generated using cell-based
location technology. This aspect of the
georouting rule is central to allowing the
nationwide providers’ solutions to
proceed and maintain compatibility
with the Lifeline’s centralized routing
platform. Mental health and crisis
counseling experts emphasize the
importance of connecting callers to local
resources while still protecting the
privacy of callers. As Trevor Project
states, ‘‘it is vital that a georouting
solution is adopted so that those
reaching out to 988 can trust it will not
jeopardize their privacy.’’ After
considering the record, we find that
generating location information using
cell-based location technology will best
identify a caller’s location to enable
routing of 988 calls to geographically
appropriate crisis centers, while
maintaining the privacy interests of
callers. We anticipate that this approach
will also provide nationwide providers
flexibility to deploy current georouting
solutions developed with the SAMHSA
and the Lifeline Administrator. As
discussed throughout this Third Report
and Order, although there are
commenters that argue an alternative
routing solution is preferable, we
decline to stray from the Lifeline’s
current routing structure and we
encourage stakeholders and our Federal
partners to continue to coordinate on
the best way to get callers to the
geographically appropriate crisis center.
Aggregation of Cell-Based Location Data
27. We require CMRS providers to
aggregate location data generated from
cell-based technology to a level that will
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not identify the location of the cell site
or base station receiving the 988 call or
otherwise identify the precise location
of the handset. In the SFNPRM, we
sought comment on whether the
Commission should mandate the use of
one or more particular geographic
boundaries that would be applied for
georouting solutions and asked
commenters to address whether certain
boundaries are sufficiently granular to
achieve the goal of connecting callers
with local resources during a time of
crisis. Our decision carefully balances
two core objectives of georouting:
ensuring the location data is sufficiently
granular to connect the caller with local
resources and maintaining the caller’s
privacy.
28. We agree with commenters that
CMRS providers need flexibility to
facilitate timely deployment of 988
georouting solutions and account for
providers’ network capabilities. To give
CMRS providers flexibility, we do not
specify a particular method for ensuring
that location data is aggregated to a
sufficiently granular level and allow
providers to use technically feasible
options for meeting this requirement.
Similarly, we decline to mandate the
use of one or more particular geographic
boundaries. We do, however, require
wireless providers to aggregate location
data to a level that does not identify the
location of the cell site or base station
receiving the 988 call or otherwise
identify the precise location of the
handset.
29. We observe that the georouting
solutions the three nationwide wireless
providers have deployed or are
currently implementing employ
different geographic boundaries. For
example, T-Mobile’s georouting solution
obtains caller location information using
cell-based technology, aggregates that
location data using Federal Information
Processing Series (‘‘FIPS’’) code
boundaries, and transmits the
georouting data as a 6-digit code in the
P-Asserted-Identity (PAI) header of a
Session Initiation Protocol (SIP) invite
message to the Lifeline. The Federal
FIPS codes are maintained and assigned
by the Census Bureau to identify
geographic areas. Whereas, AT&T’s
georouting solution aggregates location
data using wire center boundaries
correlating to the originating cell site. A
wire center, as defined in 47 CFR 51.5,
is the location of an incumbent Local
Exchange Carrier (LEC) switching
facility containing one or more central
offices. The wire center boundaries
define the area in which all customers
served by a given wire center are
located. The Lifeline Administrator has
confirmed that these solutions are
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compatible with the Lifeline’s network
configuration and centralized routing
system. Commenters generally agree
that county level or wire-center
boundaries are sufficiently generalized
to protect callers’ privacy while still
enabling the Lifeline to effectively route
calls to geographically appropriate crisis
centers.
30. NACO requests that we provide
sufficient flexibility to allow State and
local authorities ‘‘to define the
boundaries within their jurisdiction that
are most suitable’’ for georouting
purposes. While we recognize the role
that counties play in addressing the
nationwide mental health crisis, we
decline at this time to require wireless
providers to aggregate location data
based on a particular State or local
authority’s definition of appropriate
geographic boundaries. Washington
Department of Health claims that
allowing wireless providers to use
multiple geographic boundaries ‘‘would
negatively impact crisis centers’ ability
to accurately predict the volume of need
and provide services,’’ which would be
particularly challenging ‘‘in areas where
multiple languages are spoken by
different communities.’’ As the Lifeline
Administrator notes, states and
localities are already involved in the
‘‘operational decision making process
with SAMHSA and Vibrant’’ regarding
routing of 988 calls and coverage areas
of crisis centers. We acknowledge that
wireless providers’ geographic
boundaries must align with the 988
network parameters of the Lifeline
Administrator and encourage SAMHSA
and the Lifeline Administrator to
continue their collaborative efforts with
stakeholders, and we believe that
preserving the Lifeline’s centralized
routing process provides our Federal
partners flexibility to develop and
expand georouting solutions to meet the
Lifeline’s needs.
31. We anticipate that our flexible
approach toward adopting a georouting
mandate strikes the right balance
between ensuring that location data is
sufficiently granular to achieve the goal
of connecting wireless 988 callers with
local resources without delay, aligning
with the requirements delineated by
SAMHSA and the Lifeline
Administrator, and maintaining the
privacy of 988 callers. We believe that
the requirement to aggregate georouting
data to a level that does not identify the
location of the cell site or base station
receiving the 988 call or a more precise
location of the handset alleviates record
concern about protecting privacy of
callers in more densely populated areas.
We also anticipate that our approach
gives wireless providers discretion to
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aggregate georouting data using
technically feasible methods that are
best suited for their networks.
Technical Considerations
32. In the SFNPRM, we recognized
that there could be technological
limitations associated with some
georouting solutions and sought
comment on whether solutions would
work if, for instance, a caller is roaming
or if a particular wireless call is out-ofscope for a georouting solution or
presents with unreadable routing data.
We find that the limitations commenters
raised are addressable without
jeopardizing the georouting rule we
adopt, and which is so critical to further
improve the 988 Lifeline for callers in
crisis.
33. Roaming. Some commenters state
technical limitations associated with
georouting solutions may arise when
individuals call 988 while roaming.
CTIA asserts that the ‘‘home network
operator’’ may not receive location
information, such as the originating cell
ID, or may not be able to ‘‘correlate the
visited provider’s cell ID’’ to geographic
boundaries to generate georouting data.
AT&T states that ‘‘4G and newer
wireless networks,’’ as designed, do
‘‘not support georouting a 988 call made
while roaming.’’ Although we
acknowledge the substantial public
interest benefits in requiring georouting
for all wireless 988 calls, we exclude
calls transmitted using roaming
capabilities from application of the
requirements we adopt to account for
the technical limitations identified in
the record. We anticipate that our
targeted approach will give providers
sufficient flexibility to maximize their
current technology and network
configurations to ensure that the vast
majority of wireless 988 callers benefit
from georouting as quickly as possible.
Calls using roaming capabilities may be
routed to qualified crisis counselors
using the area code and exchange, as
they are today. Upon development of a
further record pertaining to the
technical feasibility of transmitting
georouting data with roaming calls, the
Commission may further consider
extending the georouting requirements
to these calls. Issues raised in the
SFNPRM that are not addressed in this
Third Report and Order remain
pending.
34. Default Routing. In the SFNPRM,
we sought comment on whether 988
calls with unreadable routing data
would default to routing by area code or
be redirected to a national back-up
center. The record demonstrates that,
while the benefits of georouting for 988
calls are clear, it is critical that callers
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88895
still have access to the Lifeline’s vital
services if georouting data is unavailable
or unreadable. CX360, a service
provider that contracts with the Lifeline
Administrator to provide voice and
SMS-based information services after
calls reach the Lifeline, explains that the
Lifeline’s IVR system has ‘‘built-in
backup routing logic that routes the call
based on the caller’s area code.’’ Several
commenters that addressed this issue
support defaulting to routing by area
code and exchange when georouting
data is unreadable. We agree, and we
view retaining the centralized routing
process will enable the Lifeline to route
callers to crisis centers based on area
code and exchange in the event that
georouting data is unavailable or
unreadable, and such calls will not be
disconnected.
Alternative Georouting Solutions
35. We emphasized in the SFNPRM
that we believe implementing a
georouting solution without delay to
connect callers to 988 with
geographically appropriate crisis call
centers provides better care. With this
urgency in mind, we sought comment
on the feasibility of requiring alternative
georouting solutions that have not yet
been tested, developed, or presented to
SAMHSA or the Lifeline Administrator
and asked whether such solutions
would expedite or slow deployment of
georouting. After reviewing the record,
we decline, at this time, to adopt
commenters’ alternative georouting
proposals that would bypass the
Lifeline’s centralized routing system or
require CMRS providers to route
directly to crisis centers. Several
commenters argue that the Commission
should consider adopting rules that
allow routing of 988 calls directly to
NG911 networks upon request from
states that can manage 988 calls directly
and have defined ‘‘geospatial
boundaries’’ for 988 crisis centers.
Intrado Life & Safety asks the
Commission to adopt rules that support
direct routing of 988 calls to ‘‘statedesignated IP Protocol (IP) points of
interconnection (POI),’’ such as the
‘‘Emergency Services IP Network
(ESInet)’’ in alignment with Next
Generation 911 (NG911), upon request
from a state. Similarly, Comtech urges
the Commission to adopt rules that
provide ‘‘state 988 authorities the
flexibility to develop their own direct,
dedicated, IP-based 988 call paths and
system architecture to meet their local
needs.’’ The National Emergency
Number Association (NENA) also urges
the Commission to consider the use of
NG911 technologies to support
georouting for 988 calls and argues that
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a 988 call should ‘‘be treated as an
emergency call.’’
36. We do not adopt these proposals
at this time as we work to expeditiously
improve routing for 988 calls within the
988 Lifeline’s system. Nevertheless,
recognizing the importance of
developing solutions capable of
connecting callers to the most
geographically appropriate resources,
we encourage parties to continue
exploring alternative localized
georouting solutions. In the SFNPRM,
we stated that the ultimate goal of the
coordination between SAMHSA, the
Lifeline Administrator, and the
Commission was to identify one or more
georouting solutions that are compatible
with the 988 Lifeline’s system and
achieve the policy objectives of
connecting callers in crisis with local
support. We further stated that our goal
was to build on the progress made by all
stakeholders to identify a georouting
solution to enhance the support and
resources available to callers in crisis.
The record reflects support for this
approach.
37. We are also concerned that
implementing a localized routing model
at this time would be contrary to our
goal of ensuring that georouting is
available without delay to connect the
majority of callers to 988 with
geographically appropriate crisis centers
that enhance the services available to
those in crisis. CTIA asserts that
proposals that require modification of
the centralized routing process for 988
calls are inconsistent with the
georouting solutions that have been
developed by the nationwide wireless
providers, major stakeholders,
SAMHSA, and the Lifeline
Administrator. The Lifeline
Administrator and CX360 point to
necessary infrastructure changes that
could delay implementation of
georouting solutions. Additionally, the
Lifeline Administrator states that
‘‘reliance on technologies, such as
NG911, can impact the ability . . . to
carry out its duties as Administrator,
including responsibility for routing of
contacts to the 988 Lifeline.’’ Overall,
we do not have the full and detailed
record necessary to adopt a rule that
requires providers to bypass the existing
centralized routing system, and we find
that doing so would jeopardize the
important next step that we are taking
by implementing georouting as soon as
possible.
38. We decline NENA’s request to
establish an expiration date for
mandatory georouting requirements.
NENA emphasizes the potential benefits
of implementing georouting solutions
for wireless 988 calls that leverage
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NG911 technologies. While parties
claim that NG911 technology could
provide benefits for georouting calls to
the 988 Lifeline, those benefits do not
negate the current need for the
requirements that we adopt in this Third
Report and Order. Given the significant
public interest benefits of supporting
georouting for wireless 988 calls, we
decline to set an end date for our rules,
but we may consider further
technological developments in the
future.
Implementation Time Frame for
Georouting 988 Calls to the Lifeline
39. Recognizing the urgency of the
need to continue the Commission’s
work to provide meaningful access to
the 988 Lifeline, we sought comment in
the SFNPRM on the appropriate
timeline for deployment of a georouting
solution, and specifically asked
commenters to identify technical,
financial, operational, legal, or other
factors that could influence a mandated
time frame. Thanks in large part to the
work of SAMHSA and nationwide
CMRS providers to date, the record
indicates that implementation of
solutions for sending georouting data
along with wireless calls is attainable in
the near term. We therefore establish an
implementation time frame following
the effective date of the georouting rule
of 30 days for nationwide CMRS
providers and 24 months for all nonnationwide CMRS providers. As we
define them above, nationwide CMRS
providers are those providers whose
service extends to a majority of the
population and land area of the United
States. Non-nationwide CMRS providers
include all CMRS providers other than
a nationwide CMRS provider.
40. The implementation time frame
we provide nationwide CMRS providers
corresponds to these providers’ own
solution-completion timelines. TMobile, for example, began sending
georouting information to the 988
Lifeline even before the publication of
our rules and has since announced that
its customers now ‘‘have their calls
routed to crisis centers close to their
actual location.’’ All three nationwide
providers have implemented, or are in
the process of implementing, their
georouting solutions for wireless 988
calls. Consistent with these
expectations, we find sufficient a 30-day
period after the effective date of our
rules to require nationwide CMRS
providers to begin sending georouting
data with wireless 988 calls.
Establishing such a time frame
represents a critical first step toward
ensuring that callers—a vast majority of
whom subscribe to a nationwide CMRS
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provider—will be routed to a
geographically appropriate call center.
41. Simultaneously, we conclude that
24 months provides sufficient time for
non-nationwide CMRS providers to
begin sending georouting information to
the 988 Lifeline. Commenters agree that
non-nationwide CMRS providers
require more time to implement a
georouting solution. For example,
Intrado Life & Safety proposes that their
solution could be completed within a
year but acknowledge that additional
time may be needed for non-nationwide
CMRS providers. We find that 24
months strikes an appropriate balance
between giving these providers the
necessary time to come into compliance
and the pressing need to expeditiously
connect callers to a geographically
appropriate call center. A 24-month
period for implementation, as noted by
CCA and Southern Linc, also accords
with our decision to give providers 24
months to implement location-based
routing for 911 call solutions.
42. RWA asserts that small rural
CMRS providers lack the resources to
implement a georouting solution before
36 months. Although we understand
RWA’s contention that a lack of funding
and personnel comparable to the
nationwide providers warrants
additional time for small rural CMRS
providers, RWA has not demonstrated
the need for the additional 12 months
beyond the two years we are providing.
Recognizing that their 36-month
recommendation exceeds the 24 months
that were given for 911 location-based
call solutions to be implemented, RWA
contends that with 911, ‘‘large
nationwide CMRS providers had
already begun implementing locationbased solutions, which was an
influential factor in . . . adopting a
shorter implementation timeline,’’ but
that ‘‘[i]n this case, such early
implementation has not occurred.’’
RWA argues then that the ‘‘untested
nature of the available 988 georouting
solutions and lack of real-world
implementation by any CMRS provider’’
merits an additional 12 months for
implementation of a georouting
solution. Yet, as observed above,
nationwide CMRS providers have
implemented or are in the process of
implementing their georouting
solutions. And RWA does not otherwise
justify their recommended timeline of
36 months, which—at minimum—adds
two years beyond the time frames cited
as necessary by existing proposals that
account for small CMRS providers.
INCOMPAS also argues, and CTIA
agrees, that additional time would be
needed—up to four years—for sending
georouting information with text
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messages. However, as we do not
mandate that text messages send
georouting information at this time, we
need not address this argument.
Additionally, we note that the
Commission previously established a
uniform 24-month implementation time
frame for 988 itself, which involved
implementing 10-digit dialing in 87 area
codes as well as reprogramming,
translating, or replacing telephone
switches that would not otherwise
support 988 as a three-digit dialing
code. We do not anticipate, by
comparison, that implementation of a
georouting solution will prove more
burdensome. It is our predictive
judgment that 24 months accounts for
the technical and cost-related challenges
non-nationwide CMRS providers will
face in implementing this lifesaving
change to the 988 system.
Routing Voice Calls and Texts to 988
43. In the SFNPRM, we asked whether
our existing 988 voice and texting rules
should be broadened to allow for
implementing a georouting solution. We
conclude that it’s appropriate to revise
these rules to permit routing to the
national suicide prevention and mental
health crisis hotline system without
need for translation to the toll free
access number. In so doing, we better
futureproof the use of 988, including by
enabling georouting solutions that may
require broader routing parameters. In
making these changes, we also codify
our 2022 waiver order permitting
covered text providers to route covered
988 text messages to the 988 Lifeline
without translation to the toll free
number. We previously acknowledged
that ‘‘as implementation has progressed,
providers have found that, in practice,
translating 988 text messages to the
current toll free access number for the
Lifeline . . . may negatively impact the
experience of individuals texting the
Lifeline.’’ Problems identified as arising
from the current requirement included
potential confusion when a number
different than 988 appears on an
individual’s device when receiving
responses, possibly resulting in delayed,
frustrated, or abandoned efforts to seek
help. Our revisions provide greater
flexibility so as to avoid any similar
such problems. Individuals will still be
able to dial the toll free ten-digit access
number to reach the 988 Lifeline.
44. We do not adopt iCERT’s proposal
to amend our rule to require providers
to route directly to a State or local 988
call center. The amendment we adopt
resolves the issues identified above
without potential delay to the
implementation of georouting solutions.
We therefore decline at this time to
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adopt alternative approaches that would
bypass the Lifeline’s centralized routing
platform.
Legal Authority
45. As we tentatively concluded in
the SFNPRM, we find that Title II and
Title III of the Communications Act of
1934, as amended (Act), provide us with
the authority to adopt the rules we
promulgate. The Supreme Court has
previously recognized that Title III
grants the Commission a
‘‘comprehensive mandate’’ in regulating
spectrum usage, and lower courts have
routinely determined that Title III
confers broad authority to manage
spectrum in the public interest.
Consistent with these decisions, we find
significant public interest benefits will
likely inure as a result of our georouting
mandate by connecting individuals in
crisis with geographically appropriate
public safety and counseling resources.
46. In the SFNPRM, we asked whether
section 251(e), which provides the
Commission its numbering authority,
acts as an additional source of authority.
Section 251(e)(4), specifically,
designates 988 as the universal
telephone number for the national
suicide prevention and mental health
crisis hotline system. We agree with
commenters that our authority extends
to mandating that a georouting solution
be implemented. We also agree with
commenters that in so doing, we further
the goals of previous congressional
directives, including to adopt
regulations that will ease access to
suicide prevention and mental health
services. In mandating that a georouting
solution be implemented and in
modifying our voice and text routing
rules, we thus exercise our numbering
authority pursuant to Congress’s
direction and therefore find that 251(e)
provides us authority to promulgate the
rules we adopt.
Benefits and Costs of 988 Georouting
47. By reducing the geographic
mismatch between caller locations and
area codes and moving 988’s life-saving
interventions closer in time and space to
those in distress, georouting will
generate mortality-reduction and other
benefits far exceeding implementation
costs.
Benefits
48. Reduced Suicide Mortality. The
number of Americans who are at risk of
having their wireless 988 calls routed to
a faraway 988 Lifeline call center is vast.
Approximately 80% of calls to 988 are
from wireless devices. In a mobile
society where people hold on to familiar
wireless phone numbers, there is often
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no connection between the geographic
origins of 988 calls and the area codes
of the callers’ phone numbers.
According to a study conducted by Pew
Research Center, ‘‘each year about 36
million Americans move residences and
nearly half of adults living in urban
areas have a cellphone number from
somewhere else. Additionally,
nationwide at least 10% of all adult
Americans have a cellphone number
from somewhere other than where they
reside.’’ While we recognize that 988 is
a critical resource of growing
importance for younger people, for the
purposes of our analysis we focus on all
adults, that is, individuals 18 years or
older.
49. We use a three-step process to
estimate reduced suicide mortality risk.
First, we identify suicide victims who
could have tried to summon 988
assistance and been misrouted. After the
launch of 988 on July 16, 2022, a total
of 2,395 American adult suicide victims
18 and older could have sought a 988
emergency intervention but had
cellphone numbers prone to misrouting.
Total suicides for adults 18 years or
older in 2022 were 47,891. If we allocate
by months, then there were ∼23,946 in
the latter half of the year (i.e., 6/12 =
0.5). We can alternatively allocate by
total suicides for July–December (i.e.,
24,742/49,746 = 0.500008085), which
gives the same result. Polling results tell
us that 431 (i.e., 18% of 2,395) of these
suicide victims could have been aware
of 988 and possibly called. Kaiser
Family Foundation polling indicates
that as of mid-2023, only 18% of adults
reported familiarity with 988. Second,
we identify those victims subject to
possible emergency-response delays:
Nearly 13 (i.e., 3% of 431) would have
required the sort of immediate and
follow-up care that could be more
effectively provided by georouting 988
calls to the locality in which the caller
resides without revealing the caller’s
precise location or otherwise
compromising their privacy. We
estimate that 2.2 (i.e., 17% of 13) of
these suicides could have been avoided
by 988 georouting. Our rationale is that
wireless call misrouting is suboptimal:
localities have first-responder and
follow-up resources tailored to local
settings and circumstances to optimize
their effectiveness; such resources can
often only be deployed by local crisis
centers. The delays, frictions, and
mismatches triggered by misrouting
increase response time, and every
minute saved in a suicide intervention
reduces suicide mortality. The
Commission previously estimated that a
one-minute reduction in emergency-
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response time reduces mortality by
17%. Thus, while the rules promulgated
do not impose a dispatchable location
requirement—that is, a caller’s exact
location cannot be identified—by
connecting callers to geographically
appropriate crisis centers, we anticipate
that better response times, and the
benefits thereof, will result. Third, we
estimate that Americans would have
been collectively willing to pay $27.5
million annually and nearly $130
million over a five-year period for a
mortality-risk reduction of this size.
Using a recent Value of Reduced
Mortality Risk (VRMR) of $12.5 million,
a mortality-risk reduction equivalent to
2.2 lives is worth 2.20 * $12,500,000 =
$27,500,000. The present value of five
annual payments discounted at 2%
according to Office of Management and
Budget Circular A–4 is $129.620,136.
50. Other Benefits and Possible
Benefits Underestimation. Our estimate
of $120 million in benefits over five
years is an underestimate because it
excludes youth age 17 and under, who
rely heavily on wireless devices and
6,542 of whom committed suicide in
2022. Studies indicate 53% of children
in the United States have a smartphone
by age 11, with over 95% of teens
between 13 and 17 years of age having
access to a cellphone. In addition,
suicide attempts—more broadly acts of
self-harm—demand medical treatment,
put people out of work, and diminish
survivors’ quality of life. Yet, we have
not estimated the savings from reduced
medical expenses, lost work, and lost
quality of life. We also do not count the
benefits of less property damage
attributable to suicide attempts and
savings of 988 Lifeline call center
resources from fewer misrouted calls. In
addition, misrouted 988 callers often
resort to calling 911. A reduction in
these calls would likely save further
costs. Lastly, we have neglected to
estimate the devasting emotional toll
988 wireless call georouting would
spare suicide victims’ families, friends,
and communities.
Costs
51. We estimate that the
implementation costs of georouting 988
wireless calls will be relatively small.
RWA claims ‘‘RWA carrier members, all
of whom are small rural non-nationwide
CMRS providers, estimate that 988
georouting solutions could cost them at
least $50,000 for implementation and
over $15,000 per month for third-party
services, not including continual labor
costs for testing. Such a cost is an
immense burden for a small rural nonnationwide CMRS provider.’’ Some
commenters propose cost-effective 988
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routing solutions: CX360 that ‘‘[t]here
are no incremental service costs to
wireless providers for CX360’s
georouting solution beyond the initial
development expense for call header
configuration by each wireless provider.
All other parties in the existing 988
Lifeline call flow are already configured
to support this model.’’ Vibrant
indicates that ‘‘[t]he georouting solution
developed in conjunction with Vibrant’s
partners for the 988 Lifeline telephony
infrastructure and major wireless
providers represents the preferred
solution that would allow real-time
routing updates without the creation of
an entirely new 988 Lifeline framework
and architecture. This solution would
be cost-effective not only for the 988
Lifeline but for providers as well and is
able to be deployed faster than other
proposed solutions.’’ In the nearer term,
‘‘nationwide wireless providers AT&T,
T-Mobile, and Verizon have achieved
consensus with the Lifeline
Administrator, Vibrant, on the contours
of georouting solutions and are working
to implement them as quickly as
practicable.’’ The georouting solutions
rely on geographic information
associated with call origination, such as
the cell-site identification number,
which the provider can translate into a
county identifier. Based the record, we
conclude that cost-effective 988 wireless
call georouting solutions exist in theory
and in practice. To minimize their
financial burden, non-nationwide
wireless providers facing greater
financial constraints have been granted
a full 24 months to find and implement
a solution.
Additional Proposals
52. We appreciate the opportunity, as
the expert regulatory agency on
telecommunications in the United
States, to help facilitate access to the
988 Lifeline’s critical mental health and
suicide prevention services. It is also
important that we recognize the
important role that our Federal partners
and others play in operating the 988
Lifeline. In response to the SFNPRM,
some commenters raised important
issues that are more appropriately
addressed by other parties or may fall
outside the scope of this proceeding. We
address these issues below and
encourage interested parties to
collaborate with our Federal partners at
SAMHSA and the VA, along with other
stakeholders, to continue their efforts in
enhancing the effectiveness of the 988
Lifeline.
53. Transparency. Several
commenters emphasized the importance
of transparent communication and
education about how georouting data is
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used for wireless 988 calls. For example,
NAMI asserts that transparency
regarding the use of georouting data will
help ‘‘build trust in the 988 Lifeline’’
and alleviate fears about sharing
location information, which may have
resulted from factors such as a ‘‘historic
distrust’’ of emergency response systems
or misinformation about the use of such
data. The Electronic Privacy Information
Center (EPIC) also argues that
transparently acknowledging the harms
of non-consensual interventions for 988
callers can help mitigate ‘‘the chilling
effects of implementing mandated
georouting on would-be 988 callers.’’
We recognize the importance of
transparent communication and believe
that the Commission’s website, together
with continued collaboration with our
Federal partners at SAMHSA, will serve
as a valuable means of consumer
education. We also expect that relevant
988 stakeholders will help contribute to
these educational efforts.
54. EPIC also urges the Commission to
be transparent about the actions taken in
the rare instances when a 988 call is
transferred to 911. The Lifeline
Administrator states that ‘‘[i]n rare
situations, a 988 crisis counselor may
contact a public safety answering point
dispatcher because of concerns about an
immediate risk of life, pursuant to the
988 Lifeline Suicide Safety policy.’’
While we recognize harms can occur
from a non-consensual interventions,
the georouting requirements we adopt
apply only to CMRS providers routing
calls to the 988 Lifeline, which is
distinct from the functions performed
by the Lifeline Administrator or
individual crisis centers after the
Lifeline receives the calls. The
Commission has had no role in
establishing, maintaining, or operating
the 988 Lifeline’s routing system or the
facilities and systems that enable it, and
is not a party to any agreement that the
Lifeline Administrator and/or SAMHSA
has entered to establish, structure,
operate, govern, or fund the system.
55. 988 Lifeline Funding and Services.
We also received comments regarding
the need for adequate funding to ensure
that the 988 Lifeline and crisis centers
can effectively support georouting, as
well as other recommendations that
commenters claim would improve the
general effectiveness of the 988 Lifeline.
While these recommendations fall
outside of our jurisdiction, we note that
our Federal partners at SAMHSA are
‘‘planning for anticipated operational,
training and procedural updates [that]
will require active engagement with
partners including states, territories,
tribes and crisis centers.’’ We also
encourage stakeholders to work with
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Congress to ensure appropriate funding
for the 988 Lifeline.
56. 911 Interoperability. We received
several comments urging the
Commission to consider issues
pertaining to the interoperability
between the 988 Lifeline and 911
services. For example, NENA argues
that ‘‘988 must technically and
operationally interoperate with [911]
and first responder operations.’’
Similarly, the National Association of
State 911 Administrators (NASNA)
argues that as the 988 system evolves,
successful interoperability with NG911
will be essential ‘‘when there is a crisis
that requires an escalated response.’’ We
agree with commenters that facilitating
interoperability between 988 and 911
services is an important goal, however
these proposals are beyond the scope of
this proceeding, and we decline to
address them further here. We also note
that the Lifeline Administrator is
currently ‘‘involved in ongoing efforts at
the local, state, and national levels’’ to
address the interoperability between
988 and 911 services. We, therefore,
encourage stakeholders to collaborate
with our Federal partners.
57. Coordination with American
Indian and Alaska Native Communities.
Northwest Portland Area Indian Health
Board (NPAIHB) recommends that the
Commission, SAMHSA, and wireless
providers consult with Tribal
communities to ensure that American
Indian and Alaska Native communities
are ‘‘able to utilize the 988 Lifeline and
be connected to locally centralized
suicide prevention and crisis service
centers when using a wireless device.’’
We support NPAIHB’s suggestion and
believe connecting Tribal community
members with local crisis centers is
crucial to providing these communities
with the meaningful help they need. As
such, we stand ready to work with our
Federal partners and industry to assist
American Indian and Alaska Native
communities’ access the life-saving
resources of the 988 Lifeline.
58. Opt-Out, website, and Call
Disclosure Requirements. We received
comments urging the Commission to
consider whether 988 callers will have
the opportunity to opt out of sharing
georouting data. The Massachusetts
Association for Mental Health (MAMH)
and EPIC urge the Commission to
‘‘require 988 websites to indicate that
georouting is used’’ and provide
information about accessing the
Lifeline’s national backup center or
individual crisis centers. EPIC also
argues that ‘‘disclosure about georouting
and non-georouted alternatives needs to
occur during a call.’’ To the extent that
commenters raise concerns regarding
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disclosures about the use of georouting
data on 988 websites or after the
Lifeline’s centralized routing system
receives a call, such issues address
actions by entities that are beyond the
scope of this proceeding. Additionally,
the georouting rules we adopt do not
require wireless providers to transmit
more precise geolocation information
with wireless 988 calls, but rather
require aggregated georouting data that
maintains caller privacy in order to
enhance the Lifeline’s routing
mechanism. Therefore, we decline, at
this time, to require wireless providers
to include specific disclosures regarding
the use of georouting data.
59. Cost Recovery. RWA argues that
the Commission should ‘‘allocate funds
to subsidize’’ implementation efforts by
non-nationwide CMRS providers to
comply with a georouting mandate.
RWA further argues that small rural
non-nationwide CMRS providers
‘‘cannot pass the costs of 988 georouting
compliance onto their customers
without jeopardizing their [Universal
Service Fund] support.’’ RWA’s cost
estimates lack any specificity or detail
for us to determine whether those costs,
which are also provided in isolation,
would indeed jeopardize their universal
service support. Further, we did not
propose any cost recovery mechanisms
in the SFNPRM and we will not adopt
any here. As explained in the analysis
of benefits and costs section, the
benefits of implementing georouting for
wireless 988 calls significantly outweigh
the costs to CMRS providers. Moreover,
the rules we adopt are flexible and we
encourage non-nationwide CMRS
providers to develop the most cost
effective georouting solution with the
technical parameters set forth herein.
60. Customer Proprietary Network
Information (CPNI) and Third Party
Vendor Issues. EPIC asks the
Commission to prohibit wireless
providers from ‘‘sharing 988-related
data even if the subscriber has opted in
to sharing their CPNI’’ and to ensure
that wireless providers and ‘‘their
vendors meet basic cybersecurity
requirements.’’ EPIC argues that the
Commission has authority under § 222
of the Communications Act, as amended
‘‘to hold carriers responsible for
safeguarding’’ CPNI. We agree that
protecting the privacy and security of
callers is imperative. The rules we adopt
make clear that wireless providers must
aggregate location data generated from
cell-based technology to a sufficiently
granular level to maintain caller
privacy.
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Procedural Matters
61. Regulatory Flexibility Act. The
Regulatory Flexibility Act of 1980, as
amended (RFA), requires that an agency
prepare a regulatory flexibility analysis
for notice and comment rulemakings,
unless the agency certifies that ‘‘the rule
will not, if promulgated, have a
significant economic impact on a
substantial number of small entities.’’
Accordingly, the Commission has
prepared a Final Regulatory Flexibility
Analysis (FRFA) concerning the
potential impact of the rule and policy
changes adopted in this Third Report
and Order on small entities.
62. Paperwork Reduction Act
Analysis. The Third Report and Order
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).
63. 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). The Commission will
send a copy of this Third Report and
Order to Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Analysis
64. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
Implementation of the National Suicide
Hotline Act of 2018, Second Further
Notice of Proposed Rulemaking
(SFNPRM), 89 FR 46340 (May 29, 2024).
The Commission sought written public
comment on the proposals in the
SFNPRM, including comments on the
IRFA. The comments received are
discussed below. This Final Regulatory
Flexibility Analysis (FRFA) conforms to
the RFA.
Need for, and Objectives of, the Report
and Order
65. In the Third Report and Order, the
Commission adopts rules to facilitate
access to life-saving services for people
in suicidal, mental health, and
substance use crises by improving the
routing of wireless calls to the 988
Lifeline. The 988 Lifeline was originally
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designed to route calls to crisis centers
based on the area code and exchange
associated with a caller’s device.
However, as technology trends have
shifted from landline phones to mobile
phones, many callers now seek help
from the 988 Lifeline using wireless
devices with area codes that may not
correspond to their physical locations.
Although the 988 Lifeline provides
meaningful support for help-seekers
regardless of their location,
discrepancies between callers’ physical
locations and the area codes associated
with their wireless devices can
complicate access to local resources,
which mental health advocates
emphasize are critical to achieving the
full life-saving potential of the 988
Lifeline.
66. The rules adopted in the Third
Report and Order aim to facilitate access
to critical local resources for the vast
majority of wireless 988 callers by
requiring wireless providers to
implement georouting solutions for 988
calls. Specifically, the Third Report and
Order requires that all Commercial
Mobile Radio Service (CMRS) providers
have the capability to provide
georouting data with 988 calls to the
Lifeline Administrator in a format that
is compatible with the Lifeline’s routing
platform. The Commission defines
‘‘Lifeline Administrator’’ as the entity
that ‘‘controls the 988 call routing
platform pursuant to contract with the
Substance Abuse Mental Health
Services Administration.’’ The Third
Report and Order also requires that all
CMRS providers must provide
georouting data, when available, with
988 calls to the Lifeline Administrator.
These requirements will enable the 988
Lifeline to route wireless calls to
appropriate crisis centers based on the
geographic area associated with the
origin of a 988 call, rather than by area
code and exchange. With ‘‘georouting
data’’ as defined under the
Commission’s rule, CMRS providers
must aggregate location data generated
from cell-based technology to a level
that does not identify the location of the
cell site and base station receiving the
988 call or otherwise specify the caller’s
precise location. The Third Report and
Order adopts a 30 day timeline for
nationwide CMRS providers to
implement georouting for wireless 988
calls and provides 24 months for
implementation by non-nationwide
CMRS providers. Finally, the Third
Report and Order revises the
Commission’s existing 988 voice and
texting rules to permit routing to the
national suicide prevention and mental
health crisis hotline system without
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need for translation to the toll free
access number. This revision will
provide greater flexibility and help
futureproof the use of 988 by enabling
wireless providers to implement
georouting solutions that may require
broader routing parameters.
Summary of Significant Issues Raised by
Public Comments in Response to the
IRFA
67. There were no comments filed
that specifically addressed the proposed
rules and policies presented in the 988
Georouting Further Notice IRFA.
However, several commenters discussed
the potential impact of rules on nonnationwide CMRS providers.
68. The Competitive Carriers
Association (CCA), Southern
Communications Services, Inc.
(Southern Linc), and the Rural Wireless
Association (RWA) advocated for the
Commission to give providers flexibility
to account for their individual networks,
the limitations of current georouting
solutions, or the challenges faced by
non-nationwide providers. In addition,
RWA advocated for the Commission to
allow small rural non-nationwide CMRS
providers to implement georouting
solutions on a voluntary basis.
Alternatively, RWA called for the
Commission to allow small rural nonnationwide CMRS providers additional
time, funds to subsidize efforts, and
flexibility in developing georouting
solutions. Several commenters also
urged the Commission to give nonnationwide CMRS providers sufficient
time to implement georouting solutions.
The approach taken by the Third Report
and Order addresses these comments by
adopting rules that allow wireless
providers to build on the success of
georouting solutions that have been
developed with SAMHSA and the
Lifeline Administrator, while also
providing the flexibility for small and
other providers to implement georouting
solutions that account for their network
capabilities and are compatible with the
Lifeline’s routing platform.
Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
69. 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. The Chief
Counsel did not file any comments in
response to the proposed rules in this
proceeding.
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Description and Estimate of the Number
of Small Entities to Which the Rules
Will Apply
70. 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 rules adopted herein. 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.
71. 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, 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
Small Business Administration’s (SBA)
Office of Advocacy, in general a small
business 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 33.2 million
businesses.
72. 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.’’ The Internal Revenue Service
(IRS) uses a revenue benchmark of
$50,000 or less to delineate its annual
electronic filing requirements for small
exempt organizations. Nationwide, for
tax year 2022, there were approximately
530,109 small exempt organizations in
the U.S. reporting revenues of $50,000
or less according to the registration and
tax data for exempt organizations
available from the IRS.
73. 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 2022 Census of
Governments indicate there were 90,837
local governmental jurisdictions
consisting of general purpose
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governments and special purpose
governments in the United States. Of
this number, there were 36,845 general
purpose governments (county,
municipal, and town or township) with
populations of less than 50,000 and
11,879 special purpose governments
(independent school districts) with
enrollment populations of less than
50,000. Accordingly, based on the 2022
U.S. Census of Governments data, we
estimate that at least 48,724 entities fall
into the category of ‘‘small
governmental jurisdictions.’’
74. Wireless Carriers and Service
Providers. Wireless
Telecommunications Carriers (except
Satellite) is the closest industry with a
SBA small business size standard
applicable to these service providers.
The SBA small business size standard
for this industry classifies a business as
small if it has 1,500 or fewer employees.
U.S. Census Bureau data for 2017 show
that there were 2,893 firms that operated
in this industry for the entire year. Of
this number, 2,837 firms employed
fewer than 250 employees.
Additionally, based on Commission
data in the 2022 Universal Service
Monitoring Report, as of December 31,
2021, there were 594 providers that
reported they were engaged in the
provision of wireless services. Of these
providers, the Commission estimates
that 511 providers have 1,500 or fewer
employees. Consequently, using the
SBA’s small business size standard,
most of these providers can be
considered small entities.
75. Wireless Communications
Services. Wireless Communications
Services (WCS) can be used for a variety
of fixed, mobile, radiolocation, and
digital audio broadcasting satellite
services. Wireless spectrum is made
available and licensed for the provision
of wireless communications services in
several frequency bands subject to part
27 of the Commission’s rules. Wireless
Telecommunications Carriers (except
Satellite) is the closest industry with an
SBA small business size standard
applicable to these services. The SBA
small business size standard for this
industry classifies a business as small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that
there were 2,893 firms that operated in
this industry for the entire year. Of this
number, 2,837 firms employed fewer
than 250 employees. Thus under the
SBA size standard, the Commission
estimates that a majority of licensees in
this industry can be considered small.
76. The Commission’s small business
size standards with respect to WCS
involve eligibility for bidding credits
and installment payments in the auction
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of licenses for the various frequency
bands included in WCS. When bidding
credits are adopted for the auction of
licenses in WCS frequency bands, such
credits may be available to several types
of small businesses based average gross
revenues (small, very small and
entrepreneur) pursuant to the
competitive bidding rules adopted in
conjunction with the requirements for
the auction and/or as identified in the
designated entities section in part 27 of
the Commission’s rules for the specific
WCS frequency bands.
77. In frequency bands where licenses
were subject to auction, the Commission
notes that as a general matter, the
number of winning bidders that qualify
as small businesses at the close of an
auction does not necessarily represent
the number of small businesses
currently in service. Further, the
Commission does not generally track
subsequent business size unless, in the
context of assignments or transfers,
unjust enrichment issues are implicated.
Additionally, since the Commission
does not collect data on the number of
employees for licensees providing these
services, at this time we are not able to
estimate the number of licensees with
active licenses that would qualify as
small under the SBA’s small business
size standard.
78. Wireless Telephony. Wireless
telephony includes cellular, personal
communications services, and
specialized mobile radio telephony
carriers. The closest applicable industry
with an SBA small business size
standard is Wireless
Telecommunications Carriers (except
Satellite). The size standard for this
industry under SBA rules is that a
business is small if it has 1,500 or fewer
employees. For this industry, U.S.
Census Bureau data for 2017 show that
there were 2,893 firms that operated for
the entire year. Of this number, 2,837
firms employed fewer than 250
employees. Additionally, based on
Commission data in the 2022 Universal
Service Monitoring Report, as of
December 31, 2021, there were 331
providers that reported they were
engaged in the provision of cellular,
personal communications services, and
specialized mobile radio services. Of
these providers, the Commission
estimates that 255 providers have 1,500
or fewer employees. Consequently,
using the SBA’s small business size
standard, most of these providers can be
considered small entities.
79. Wireless Telecommunications
Carriers (except Satellite). This industry
comprises establishments engaged in
operating and maintaining switching
and transmission facilities to provide
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communications via the airwaves.
Establishments in this industry have
spectrum licenses and provide services
using that spectrum, such as cellular
services, paging services, wireless
internet access, and wireless video
services. The SBA size standard for this
industry classifies a business as small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that
there were 2,893 firms in this industry
that operated for the entire year. Of that
number, 2,837 firms employed fewer
than 250 employees. Additionally,
based on Commission data in the 2022
Universal Service Monitoring Report, as
of December 31, 2021, there were 594
providers that reported they were
engaged in the provision of wireless
services. Of these providers, the
Commission estimates that 511
providers have 1,500 or fewer
employees. Consequently, using the
SBA’s small business size standard,
most of these providers can be
considered small entities.
80. 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.
Wired Telecommunications Carriers are
also referred to as wireline carriers or
fixed local service providers.
81. The SBA small business size
standard for Wired Telecommunications
Carriers classifies firms having 1,500 or
fewer employees as small. U.S. Census
Bureau data for 2017 show that there
were 3,054 firms that operated in this
industry for the entire year. Of this
number, 2,964 firms operated with
fewer than 250 employees.
Additionally, based on Commission
data in the 2022 Universal Service
Monitoring Report, as of December 31,
2021, there were 4,590 providers that
reported they were engaged in the
provision of fixed local services. Of
these providers, the Commission
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estimates that 4,146 providers have
1,500 or fewer employees.
Consequently, using the SBA’s small
business size standard, most of these
providers can be considered small
entities.
82. Local Exchange Carriers (LECs).
Neither the Commission nor the SBA
has developed a size standard for small
businesses specifically applicable to
local exchange services. Providers of
these services include both incumbent
and competitive local exchange service
providers. Wired Telecommunications
Carriers is the closest industry with an
SBA small business size standard.
Wired Telecommunications Carriers are
also referred to as wireline carriers or
fixed local service providers. The SBA
small business size standard for Wired
Telecommunications Carriers classifies
firms having 1,500 or fewer employees
as small. U.S. Census Bureau data for
2017 show that there were 3,054 firms
that operated in this industry for the
entire year. Of this number, 2,964 firms
operated with fewer than 250
employees. Additionally, based on
Commission data in the 2022 Universal
Service Monitoring Report, as of
December 31, 2021, there were 4,590
providers that reported they were fixed
local exchange service providers. Of
these providers, the Commission
estimates that 4,146 providers have
1,500 or fewer employees.
Consequently, using the SBA’s small
business size standard, most of these
providers can be considered small
entities.
83. Incumbent Local Exchange
Carriers (Incumbent LECs). Neither the
Commission nor the SBA have
developed a small business size
standard specifically for incumbent
local exchange carriers. Wired
Telecommunications Carriers is the
closest industry with an SBA small
business size standard. The SBA small
business size standard for Wired
Telecommunications Carriers classifies
firms having 1,500 or fewer employees
as small. U.S. Census Bureau data for
2017 show that there were 3,054 firms
in this industry that operated for the
entire year. Of this number, 2,964 firms
operated with fewer than 250
employees. Additionally, based on
Commission data in the 2022 Universal
Service Monitoring Report, as of
December 31, 2021, there were 1,212
providers that reported they were
incumbent local exchange service
providers. Of these providers, the
Commission estimates that 916
providers have 1,500 or fewer
employees. Consequently, using the
SBA’s small business size standard, the
Commission estimates that the majority
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of incumbent local exchange carriers
can be considered small entities.
84. Competitive Local Exchange
Carriers (CLECs). Neither the
Commission nor the SBA has developed
a size standard for small businesses
specifically applicable to local exchange
services. Providers of these services
include several types of competitive
local exchange service providers. Wired
Telecommunications Carriers is the
closest industry with a SBA small
business size standard. The SBA small
business size standard for Wired
Telecommunications Carriers classifies
firms having 1,500 or fewer employees
as small. U.S. Census Bureau data for
2017 show that there were 3,054 firms
that operated in this industry for the
entire year. Of this number, 2,964 firms
operated with fewer than 250
employees. Additionally, based on
Commission data in the 2022 Universal
Service Monitoring Report, as of
December 31, 2021, there were 3,378
providers that reported they were
competitive local service providers. Of
these providers, the Commission
estimates that 3,230 providers have
1,500 or fewer employees.
Consequently, using the SBA’s small
business size standard, most of these
providers can be considered small
entities.
85. Interexchange Carriers (IXCs).
Neither the Commission nor the SBA
have developed a small business size
standard specifically for Interexchange
Carriers. Wired Telecommunications
Carriers is the closest industry with a
SBA small business size standard. The
SBA small business size standard for
Wired Telecommunications Carriers
classifies firms having 1,500 or fewer
employees as small. U.S. Census Bureau
data for 2017 show that there were 3,054
firms that operated in this industry for
the entire year. Of this number, 2,964
firms operated with fewer than 250
employees. Additionally, based on
Commission data in the 2022 Universal
Service Monitoring Report, as of
December 31, 2021, there were 127
providers that reported they were
engaged in the provision of
interexchange services. Of these
providers, the Commission estimates
that 109 providers have 1,500 or fewer
employees. Consequently, using the
SBA’s small business size standard, the
Commission estimates that the majority
of providers in this industry can be
considered small entities.
86. Local Resellers. Neither the
Commission nor the SBA have
developed a small business size
standard specifically for Local Resellers.
Telecommunications Resellers is the
closest industry with a SBA small
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business size standard. 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 small business size
standard for Telecommunications
Resellers classifies a business as small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that
1,386 firms in this industry provided
resale services for the entire year. Of
that number, 1,375 firms operated with
fewer than 250 employees.
Additionally, based on Commission
data in the 2022 Universal Service
Monitoring Report, as of December 31,
2021, there were 207 providers that
reported they were engaged in the
provision of local resale services. Of
these providers, the Commission
estimates that 202 providers have 1,500
or fewer employees. Consequently,
using the SBA’s small business size
standard, most of these providers can be
considered small entities.
87. Toll Resellers. Neither the
Commission nor the SBA have
developed a small business size
standard specifically for Toll Resellers.
Telecommunications Resellers is the
closest industry with a SBA small
business size standard. 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 small business size
standard for Telecommunications
Resellers classifies a business as small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that
1,386 firms in this industry provided
resale services for the entire year. Of
that number, 1,375 firms operated with
fewer than 250 employees.
Additionally, based on Commission
data in the 2022 Universal Service
Monitoring Report, as of December 31,
2021, there were 457 providers that
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reported they were engaged in the
provision of toll services. Of these
providers, the Commission estimates
that 438 providers have 1,500 or fewer
employees. Consequently, using the
SBA’s small business size standard,
most of these providers can be
considered small entities.
88. 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. Wired
Telecommunications Carriers is the
closest industry with a SBA small
business size standard. The SBA small
business size standard for Wired
Telecommunications Carriers classifies
firms having 1,500 or fewer employees
as small. U.S. Census Bureau data for
2017 show that there were 3,054 firms
in this industry that operated for the
entire year. Of this number, 2,964 firms
operated with fewer than 250
employees. Additionally, based on
Commission data in the 2022 Universal
Service Monitoring Report, as of
December 31, 2021, there were 90
providers that reported they were
engaged in the provision of other toll
services. Of these providers, the
Commission estimates that 87 providers
have 1,500 or fewer employees.
Consequently, using the SBA’s small
business size standard, most of these
providers can be considered small
entities.
89. All Other Telecommunications.
This industry 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. Providers of internet
services (e.g. dial-up ISPs) or Voice over
Internet Protocol (VoIP) services, via
client-supplied telecommunications
connections are also included in this
industry. The SBA small business size
standard for this industry classifies
firms with annual receipts of $40
million or less as small. U.S. Census
Bureau data for 2017 show that there
were 1,079 firms in this industry that
operated for the entire year. Of those
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firms, 1,039 had revenue of less than
$25 million. Based on this data, the
Commission estimates that the majority
of ‘‘All Other Telecommunications’’
firms can be considered small.
90. Radio and Television
Broadcasting and Wireless
Communications Equipment
Manufacturing. This industry comprises
establishments primarily engaged in
manufacturing radio and television
broadcast and wireless communications
equipment. Examples of products made
by these establishments are:
transmitting and receiving antennas,
cable television equipment, GPS
equipment, pagers, cellular phones,
mobile communications equipment, and
radio and television studio and
broadcasting equipment. The SBA small
business size standard for this industry
classifies businesses having 1,250
employees or less as small. U.S. Census
Bureau data for 2017 show that there
were 656 firms in this industry that
operated for the entire year. Of this
number, 624 firms had fewer than 250
employees. Thus, under the SBA size
standard, the majority of firms in this
industry can be considered small.
91. Semiconductor and Related
Device Manufacturing. This industry
comprises establishments primarily
engaged in manufacturing
semiconductors and related solid state
devices. Examples of products made by
these establishments are integrated
circuits, memory chips,
microprocessors, diodes, transistors,
solar cells and other optoelectronic
devices. The SBA small business size
standard for this industry classifies
entities having 1,250 or fewer
employees as small. U.S. Census Bureau
data for 2017 show that there were 729
firms in this industry that operated for
the entire year. Of this total, 673 firms
operated with fewer than 250
employees. Thus under the SBA size
standard, the majority of firms in this
industry can be considered small.
92. Software Publishers. This industry
comprises establishments primarily
engaged in computer software
publishing or publishing and
reproduction. Establishments in this
industry carry out operations necessary
for producing and distributing computer
software, such as designing, providing
documentation, assisting in installation,
and providing support services to
software purchasers. These
establishments may design, develop,
and publish, or publish only. The SBA
small business size standard for this
industry classifies businesses having
annual receipts of $47 million or less as
small. U.S. Census Bureau data for 2017
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88903
indicate that 7,842 firms in this industry
operated for the entire year. Of this
number 7,226 firms had revenue of less
than $25 million. Based on this data, we
conclude that a majority of firms in this
industry are small.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
93. The Third Report and Order
adopts rules that require small and other
wireless providers to implement
georouting solutions for wireless 988
calls. Specifically, the Third Report and
Order requires providers to have the
capability to provide georouting data
with 988 calls to the Lifeline
Administrator in a format that is
compatible with the Lifeline’s routing
platform. Additionally, small and other
providers must provide georouting data,
when available, with 988 calls sufficient
to allow routing of the 988 call by the
Lifeline Administrator to the
appropriate crisis center based on the
geographic area where the handset is
located at the time the 988 call is
initiated. The Third Report and Order
also adopts a definition of georouting
data that requires wireless providers to
aggregate location data generated from
cell-based location technology to a level
that will not identify the location of the
cell site or base station receiving the 988
call or otherwise identify the precise
location of the handset.
94. In the SFNPRM, the Commission
sought comment on the costs and
benefits of deploying georouting
solutions to help the Commission
evaluate the impact of relevant
proposals on small entities. We
recognize that small providers may face
operational limitations and costs when
implementing georouting solutions for
wireless 988 calls. However, the record
reflects that nationwide CMRS
providers have already developed and
implemented or are in the process of
implementing georouting solutions for
wireless 988 calls, which can minimize
cost implications for small entities by
serving as models for georouting
solutions. The Third Report and Order
adopts rules that allow wireless
providers flexibility to leverage these
georouting solutions, and we expect that
our approach will reduce compliance
costs for wireless providers, including
small entities. Moreover, we estimate
that the public safety benefits resulting
from the requirements adopted in the
Third Report and Order far exceed
implementation costs.
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Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
95. The RFA requires an agency to
provide, ‘‘a description of the steps the
agency has taken to minimize the
significant economic impact on small
entities . . . including a statement of
the factual, policy, and legal reasons for
selecting the alternative adopted in the
final rule and why each one of the other
significant alternatives to the rule
considered by the agency which affect
the impact on small entities was
rejected.’’
96. The Third Report and Order
adopts rules that are designed to give
flexibility where appropriate to ensure
that wireless providers, including small
providers, can determine the best
approach for compliance based on the
needs of their networks. The Third
Report and Order considers comments
advocating for allowing the deployment
of georouting solutions for wireless 988
calls on a purely voluntary basis. We
conclude, however, that purely
voluntary implementation undermines
our goal of ensuring that the clear public
interest benefits of georouting are
realized nationwide in a timely manner.
The Third Report and Order also
declines to exempt non-nationwide
CMRS providers as requested by RWA,
but instead adopts flexible requirements
that allow small and other wireless
providers to leverage the georouting
solutions that have been developed by
nationwide providers in collaboration
with SAMHSA and the Lifeline
Administrator to implement technically
feasible solutions that are compatible
with the Lifeline’s routing platform.
97. With respect to ‘‘georouting data,’’
the Third Report and Order adopts a
definition that balances the need to
maintain callers’ privacy by not
requiring wireless providers to transmit
more precise geolocation data with
wireless 988 calls, while still ensuring
that the 988 Lifeline has sufficient
aggregated location data to route
wireless 988 calls to geographically
appropriate crisis centers. We decline to
require wireless providers to use a
specific method for aggregating cellbased location data or to mandate one
particular geographic boundary for
georouting solutions, minimizing
potential burdens by allowing small and
other wireless providers flexibility to
employ technically feasible options that
are best suited for their networks to
meet this requirement.
98. The Third Report and Order
further minimizes the potential burdens
of wireless providers, including small
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providers, by excluding 988 calls
transmitted using roaming capabilities
from application of the georouting
requirements to account for technical
limitations identified in the record. The
Third Report and Order declines,
however, to limit the application of
georouting rules to voice calls carried
end-to-end on IP networks, as requested
by some commenters. Instead, we adopt
requirements that minimize potential
burdens by giving wireless providers the
flexibility to work with the Lifeline
Administrator on a case-by-case basis to
address any individualized network
considerations and by providing nonnationwide providers with an ample
compliance time frame to develop
technical solutions.
99. The Third Report and Order
considers alternative georouting
solutions that bypass the 988 Lifeline’s
centralized routing system but
concludes that the benefits of
centralized routing far outweigh the
costs of localized routing. Specifically,
we find that maintaining the 988
Lifeline’s centralized routing process
will help preserve the Lifeline
Administrator’s critical role in routing
988 calls to crisis centers, simplify the
administration of the Lifeline, and allow
for faster implementation of georouting
solutions.
100. With respect to compliance
timelines, the Third Report and Order
adopts an implementation time frame
for nationwide CMRS providers that
aligns with the timelines identified for
deploying the georouting solutions
developed in coordination with
SAMHSA and the Lifeline
Administrator. To further reduce the
burden on small entities and address
technical and resource challenges, we
grant a longer compliance timeline to
non-nationwide CMRS providers.
Specifically, we establish an
implementation time frame following
the effective date of the georouting rule
of 30 days for nationwide CMRS
providers and 24 months for all nonnationwide CMRS providers.
101. Further, the Third Report and
Order gives wireless providers
flexibility to implement georouting
solutions that may require broader
routing requirements by revising
existing 988 voice and texting rules to
permit routing to the national suicide
prevention and mental health crisis
hotline system without need for
translation to the toll free access
number. Finally, we decline the
National Emergency Number
Association’s (NENA) request to
establish an expiration date for the
georouting requirements set forth in the
Third Report and Order, but may
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consider technological developments in
the future.
Report to Congress
102. The Commission will send a
copy of the Third Report and 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
Third Report and Order, including this
FRFA, to the Chief Counsel for
Advocacy of the SBA. A copy of the
Third Report and Order and FRFA (or
summaries thereof) will also be
published in the Federal Register.
Ordering Clauses
103. Accordingly, it is ordered that,
pursuant to the authority found in §§ 1,
2, 4, 201, 218, 251(e), 301, 303, 307,
309(a), 316, 332 of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
152, 154, 154, 201, 218, 251(e), 301, 303,
307, 309(a), 316, and 332, this Report
and Order is adopted and will become
effective 30 days after publication in the
Federal Register.
104. It is further ordered that part 52
of the Commission’s rules is amended as
set forth in appendix A, and such rule
amendment will become effective 30
days after publication in the Federal
Register.
105. It is further ordered that the
Commission’s Office of the Secretary,
shall send a copy of this Third Report
and Order, including the Final
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration.
106. It is further ordered that the
Office of the Managing Director,
Performance and Program Management,
shall send a copy of this Third Report
and Order in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
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 in the
preamble, the Federal Communications
Commission amends 47 CFR part 52 as
follows:
PART 52—NUMBERING
1. The authority citation for part 52
continues to read as follows:
■
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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.
2. Amend § 52.200 by revising
paragraph (b) to read as follows:
■
§ 52.200 Designation of 988 for a National
Suicide Prevention and Mental Health Crisis
Hotline.
*
*
*
*
*
(b) All covered providers shall
transmit all calls initiated by an end
user dialing 988 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.
*
*
*
*
*
■ 3. Amend § 52.201 by revising
paragraph (a) to read as follows:
§ 52.201 Texting to the National Suicide
Prevention and Mental Health Crisis Hotline.
(a) Support for 988 text message
service. Beginning July 16, 2022, all
covered text providers must route a
covered 988 text message to the national
suicide prevention and mental health
crisis hotline system maintained by the
Assistant Secretary for Mental Health
and the Secretary of Veterans Affairs.
*
*
*
*
*
■ 4. Add § 52.202 to read as follows:
§ 52.202 Georouting of Wireless Calls to
the National Suicide Prevention and Mental
Health Crisis Hotline.
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(a) Georouting. All CMRS providers
must:
(1) Have the capability to provide
georouting data with 988 calls to the
Lifeline Administrator in a format that
is compatible with the Lifeline’s routing
platform, to allow routing of the 988 call
by the Lifeline Administrator to the
appropriate crisis center based on the
geographic area where the handset is
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located at the time the 988 call is
initiated.
(2) Provide georouting data, when
available, with 988 calls to the Lifeline
Administrator sufficient to allow
routing of the 988 call by the Lifeline
Administrator to the appropriate crisis
center based on the geographic area
where the handset is located at the time
the 988 call is initiated.
(b) Scope of section. The requirements
of this section are only applicable to
CMRS providers, excluding mobile
satellite service (MSS) operators, to the
extent that they:
(1)(i) Offer real-time, two way
switched voice service that is
interconnected with the public switched
network; and
(ii) Use an in-network switching
facility that enables the provider to
reuse frequencies and accomplish
seamless hand-offs of subscriber calls.
These requirements are applicable to
entities that offer voice service to
consumers by purchasing airtime or
capacity at wholesale rates from CMRS
licensees.
(2) The requirements of this section
do not apply to 988 calls transmitted
using roaming capabilities.
(c) Compliance. (1) By 30 days after
December 12, 2024: Nationwide CMRS
providers shall provide georouting data
with wireless 988 calls.
(2) By 24 months after December 12,
2024: All CMRS providers shall provide
georouting data with wireless 988 calls.
(d) Definitions. For purposes of this
section:
Commercial mobile radio service
(CMRS). A mobile service that is:
(i)(A) Provided for profit, i.e., with the
intent of receiving compensation or
monetary gain;
(B) An interconnected service; and
(C) Available to the public, or to such
classes of eligible users as to be
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88905
effectively available to a substantial
portion of the public; or
(ii) The functional equivalent of such
a mobile service described in paragraph
(i)(A) of this definition.
(iii) A variety of factors may be
evaluated to make a determination
whether the mobile service in question
is the functional equivalent of a
commercial mobile radio service,
including: Consumer demand for the
service to determine whether the service
is closely substitutable for a commercial
mobile radio service; whether changes
in price for the service under
examination, or for the comparable
commercial mobile radio service, would
prompt customers to change from one
service to the other; and market research
information identifying the targeted
market for the service under review.
(iv) Unlicensed radio frequency
devices under part 15 of this chapter are
excluded from this definition of
Commercial mobile radio service.
Georouting data. Location data
generated from cell-based location
technology that is aggregated to a level
that will not identify the location of the
cell site or base station receiving the 988
call or otherwise identify the precise
location of the handset.
Lifeline Administrator. The Lifeline
Administrator controls the 988 call
routing platform pursuant to contract
with the Substance Abuse Mental
Health Services Administration.
Nationwide CMRS provider. A CMRS
provider whose service extends to a
majority of the population and land area
of the United States.
Non-nationwide CMRS provider. Any
CMRS provider other than a nationwide
CMRS provider.
[FR Doc. 2024–25912 Filed 11–8–24; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Rules and Regulations]
[Pages 88890-88905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25912]
[[Page 88890]]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 52
[WC Docket No. 18-336; FCC 24-111; FR ID 258492]
Implementation of the National Suicide Hotline Act of 2018
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) adopted a Third Report and Order that requires wireless
providers to implement a georouting solution for calls to the 988
Suicide & Crisis Lifeline (988 Lifeline or Lifeline) to facilitate
access to critical local intervention services. The majority of calls
to the 988 Lifeline are made from wireless phones. However, the 988
Lifeline's system was originally designed to route calls to crisis
centers based on a caller's area code and exchange, which may not
correspond to the caller's physical location. With georouting data, the
988 Lifeline will be able to route wireless calls to local crisis
centers based on the geographic area where the handset is located at
the time the 988 call is initiated while maintaining privacy by not
identifying the caller's precise location. The Third Report and Order
also revises the Commission's existing 988 voice and texting rules to
permit routing to the 988 Lifeline without translation to a toll free
access number, giving wireless providers flexibility in implementing
georouting solutions.
DATES:
Effective date: This rule is effective December 12, 2024.
Compliance dates: Compliance with the addition of 47 CFR 52.202 is
required for nationwide Commercial Mobile Radio Service (CMRS)
providers by 30 days after December 12, 2024 and compliance is required
for all CMRS providers by 24 months after December 13, 2024.
ADDRESSES: Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For further information, contact Merry
Wulff at [email protected] or at (202) 418-1084.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Report and Order in WC Docket No. 18-336, FCC 24-111, adopted on
October 17, 2024 and released on October 18, 2024. The full text of the
document is available on the Commission's website at https://docs.fcc.gov/public/attachments/FCC-24-111A1.pdf. To request materials
in accessible formats for people with disabilities (e.g., Braille,
large print, electronic files, audio format, etc.), send an email to
[email protected] or call the Consumer & Governmental Affairs Bureau at
(202) 418-0530 (voice).
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). The Commission sent a copy of this Third Report &
Order to Congress and the Government Accountability Office pursuant to
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Synopsis
1. In this Third Report and Order, and consistent with our proposal
in the Implementation of the National Suicide Hotline Act of 2018,
Second Further Notice of Proposed Rulemaking (SFNPRM), 89 FR 46340 (May
29, 2024), we adopt a rule that would require wireless providers to
implement a georouting solution for calls to the 988 Lifeline. We find
that a georouting mandate will strengthen and improve access to the
critical benefits of the 988 Lifeline for callers in crisis. We then
define the type of location data that qualifies as georouting data.
Next, we require nationwide and non-nationwide Commercial Mobile Radio
Service (CMRS) providers to have the capability to provide georouting
data with 988 calls to the Lifeline Administrator in a format that is
compatible with the 988 Lifeline's routing platform to allow routing of
calls by generating location data using cell-based location technology.
We require CMRS providers to aggregate the cell-based location data to
a level that will not identify the location of the cell site or base
station receiving the 988 call or otherwise identify the precise
location of the handset, thereby protecting the privacy of the caller.
2. To give wireless providers flexibility for this mandate, we do
not specify a particular method for aggregating the location data and
allow providers to use technically feasible options for meeting this
requirement to the extent that they are compatible with the systems
used by the 988 Lifeline. This approach is consistent with solutions
deployed or being deployed by the three nationwide CMRS providers. We
then establish an implementation timeline for georouting calls to the
988 Lifeline of 30 days following the effective date of the rule for
nationwide CMRS providers, which is supported by the nationwide
providers' representations that they will have already deployed
compliant 988 georouting solutions by the compliance deadline. This
action will ensure that as soon as possible, the vast majority of
callers to the 988 Lifeline in the United States have access to support
and resources most closely connected to their location with appropriate
privacy safeguards. We expect that non-nationwide CMRS providers will
be able to leverage the solutions implemented by the nationwide
providers, and for that reason, we require non-nationwide providers to
implement georouting 24 months after the effective date of the rule.
Finally, we revise our existing 988 voice and texting rules to allow
for routing to the national suicide prevention and mental health crisis
hotline system maintained by the U.S. Department of Health and Human
Services' (HHS) Substance Abuse and Mental Health Services
Administration (SAMHSA) and the U.S. Department of Veterans Affairs
(VA) without need for translation to the toll free number. Overall, we
find that the reasonable and flexible georouting mandate and rule
revisions we adopt will provide certainty that 988 callers will be
connected to the crisis center nearest to them.
Georouting Will Improve Access and Efficiency of the 988 Lifeline
3. Under our current rules, calls to 988 must first be routed to
the existing toll free ten-digit access number for the 988 Lifeline,
from which they are then routed to one of over 200 regional crisis
centers based on the area code and exchange of the caller's telephone
number supplied by the originating service provider. The Commission's
rules also require covered 988 text messages to be routed to the 988
Lifeline's current toll free ten-digit access number. The Wireline
Competition Bureau granted a waiver to allow covered text providers to
route covered 988 text messages to the 988 Lifeline using the short
code protocol without translation to the Lifeline's current toll free
access number. This allows return texts from the 988 Lifeline to appear
on consumer devices as coming from 988 rather than 1-800-273-TALK. As
technology trends have shifted from landline phones to mobile phones,
many callers now rely on wireless devices with area codes that may not
correspond to their physical
[[Page 88891]]
locations when contacting the 988 Lifeline, complicating their access
to vital local services. In the SFNPRM, we explained that the majority
of calls placed to the 988 Lifeline are from wireless phones, and the
area codes of those phones often do not correspond to the location of
the caller. The Lifeline Administrator estimates that 80% of calls
placed to the 988 Lifeline are from wireless phones. While 988 call
takers can provide support regardless of a caller's location, they may
not be able to connect callers in crisis to local resources. We
proposed to adopt a rule that would require wireless providers to
implement one or more georouting solutions for calls to the 988
Lifeline in order to ensure more accurate routing of calls. After
reviewing the record in this proceeding, we find that requiring
wireless providers to support georouting for wireless 988 calls is
essential to improve the public's access to the 988 Lifeline's critical
mental health crisis and suicide prevention services.
4. The record demonstrates near-unanimous agreement for the
assertion that there is a need to improve routing of wireless 988 calls
to help ensure that callers are routed to geographically appropriate
crisis centers. Commenters, including industry and mental health
advocates, agree that georouting for 988 wireless calls will improve
access to critical local resources and help connect callers to
counselors who may be more knowledgeable about unique community
stressors and other regional, cultural, and economic factors impacting
callers in distress. As several mental health advocates emphasize,
access to local resources and support can mean the ``difference between
life and death for hundreds of thousands of individuals annually.''
Commenters also highlight that georouting for 988 calls will improve
access to referral and follow-up services that may reduce the risk of
future mental health crises and suicidality. For example, Mental Health
America states that connecting callers to ``support based on their
physical location can enable crisis contact centers to provide
connections to local resources and follow-up services, reducing the
risk of suicidality for individuals in crisis.'' Several commenters
also assert that follow-up services are ``more meaningful when a caller
is connected to local crisis support.''
5. Mental health and crisis counselors also emphasize that
connecting callers with local crisis centers may avert unnecessary
dispatch of emergency services and law enforcement. For example, Mental
Health America states that ``the ability for 988 callers to be routed
to local crisis centers allows counselors to better respond to unique
factors and situations, which may also help avoid unnecessary use of
emergency services and law enforcement.'' Similarly, as the current
Lifeline Administrator explains, connecting callers to trained
counselors who can offer ``emotional support and local care resources''
can avert ``unnecessary use of emergency services and law
enforcement,'' which is paramount. Moreover, many commenters assert
that implementing georouting solutions for wireless 988 calls will
enhance the ability of crisis centers to respond effectively to
emergency situations and facilitate the dispatch of mobile crisis
services.
6. The record also demonstrates that a georouting mandate for
wireless 988 calls will advance digital equity by helping to ensure
that at-risk populations can more easily access resources in their
communities. As the Lifeline Administrator explains, certain
populations with a higher risk of suicide are disproportionately
impacted by the Lifeline's area code-based routing system, including
older adults, youth and young adults, non-Hispanic Black, American
Indian, and Alaska Native communities.
Georouting Mandate for Wireless 988 Voice Calls
7. Based on the record presented and in furtherance of the policy
goals articulated above, we require nationwide and non-nationwide CMRS
providers to implement georouting solutions for calls to the 988
Lifeline. Specifically, we require that all CMRS providers have the
capability to provide georouting data with 988 calls to the Lifeline
Administrator in a format compatible with the Lifeline's routing
platform, to allow routing of 988 calls by the Lifeline Administrator
to the appropriate crisis center based on the geographic area where the
handset is located at the time the 988 call is initiated. We further
require that all CMRS providers must provide georouting data, when
available, with 988 calls to the Lifeline Administrator sufficient to
allow routing of the 988 call by the Lifeline Administrator. In
conjunction with our mandate, we recognize the Lifeline Administrator's
commitment to continue to ``safeguard user privacy and
confidentiality'' as georouting is implemented.
8. Georouting. We define ``georouting data,'' for purposes of these
rules, as location data generated from cell-based location technology
that is aggregated to a level that will not identify the location of
the cell site or base station receiving the 988 call or otherwise
identify the precise location of the handset. We find that this
definition of ``georouting data'' most appropriately balances the need
to maintain the privacy of 988 callers while ensuring the 988 Lifeline
has the information needed to route calls to geographically appropriate
crisis centers. The record reflects significant support for georouting
solutions that provide geographic routing information to the Lifeline
without identifying a caller's precise location. Indeed, we received
over 1,500 comments from National Alliance on Mental Illness (NAMI)
advocates representing nearly every State expressing support for
requiring wireless providers to implement georouting solutions for 988
calls while protecting privacy. Many commenters emphasized the
importance of not disclosing more precise location information to
maintain callers' privacy and ensure trust in the 988 Lifeline. Several
commenters also highlight that the expectations of 988 callers differ
from the context of 911 calls, where callers generally expect an
immediate, location-specific medical or police response.
9. To ensure the privacy of 988 callers, we decline, at this time,
to require wireless providers to provide more precise geolocation data
with 988 calls. Commenters, including mental health advocates and
crisis counseling experts, express significant privacy concerns about
including geolocation information with wireless 988 calls, which,
unlike georouting data, does involve the transmission of a caller's
precise location. The Commission previously considered the potential
benefits of including geolocation information with calls to the 988
Lifeline. In this regard, in April 2021, as directed by Congress
pursuant to the National Suicide Hotline Designation Act of 2020, the
Commission submitted a report that examined the costs and feasibility
of transmitting dispatchable location information with calls to 988. As
the Wireline Competition Bureau explained in the 988 Geolocation
Report, transmitting geolocation information with calls to the 988
Lifeline raised a variety of important privacy concerns, legal issues,
and technical complexities that require extensive investigation and
time to resolve. Several commenters highlight that the challenges
identified in the 988 Geolocation Report remain relevant today.
Moreover, the record does not evidence a need to include geolocation
information with wireless 988 calls to facilitate routing to the
appropriate local crisis center.
[[Page 88892]]
10. The rules we adopt allow CMRS providers and the Lifeline
Administrator flexibility in developing and implementing technical
solutions, for example, aggregating georouting data at the county or
wire center level, while protecting privacy interests by prohibiting
the transmission of more granular cell site data or the precise
location of the caller. In its comments, the Lifeline Administrator
explains that the georouting solutions developed by the nationwide
wireless providers, in conjunction with SAMHSA and the Lifeline
Administrator were designed to ``minimize[ ] user-specific data to
simply route the user to the nearest crisis center based on cell phone
tower data, rather than using a callers' exact phone location.''
Similarly, T-Mobile asserts that its georouting solution ``protects the
privacy interest of callers by not providing precise geolocation
information.'' CX360 also states that the georouting solutions ``never
capture[ ] a help seeker's precise location.'' We anticipate that the
definition of ``georouting data'' that we adopt will give nationwide
CMRS providers the flexibility to continue their efforts to implement
georouting solutions and comply with their obligations to protect user
location information. Additionally, we believe these privacy safeguards
included in the definition alleviate record concerns that georouting
rules may ``inadvertently suppress use of the 988 Lifeline'' due to
concerns about disclosing geolocation information.
11. Voluntary Implementation by Nationwide CMRS Providers. We
recognize that certain commenters contend that mandating georouting for
wireless 988 calls is unnecessary at this time. Some telecommunications
industry commenters oppose adoption of rules requiring CMRS providers
to implement georouting solutions for wireless 988 calls, arguing that
georouting solutions will soon be available through the voluntary
efforts of nationwide CMRS providers. They also claim that mandating
georouting may introduce uncertainty, potentially delaying or
complicating the deployment of georouting solutions. While we recognize
industry's assertions, these providers also acknowledge the importance
of promptly implementing georouting solutions for wireless 988 calls.
In mandating georouting, we carefully balance the request to proceed
more cautiously, as voiced by providers, with the significant record
support calling for the need for a georouting mandate that enhances
access to critical local services for callers in crisis without delay,
while giving providers the flexibility to develop georouting solutions
that fit with their network capabilities to the extent that those
solutions are compatible with the systems used by the Lifeline.
12. As we noted in the SFNPRM, certain stakeholders have already
engaged with SAMHSA and the Lifeline Administrator to develop
georouting solutions for 988 calls. The record reflects that the three
nationwide wireless providers have already implemented georouting for
wireless 988 calls or are in the process of deploying georouting
solutions in their networks. We support the voluntary efforts by
wireless providers and our Federal partners to deploy georouting
solutions for 988 calls in their wireless networks. We decline,
however, to allow deployment of georouting solutions on a purely
voluntary basis. Given the clear public interest benefits of supporting
georouting for wireless 988 calls, we find that deployment and
implementation of georouting solutions for wireless 988 calls should
not be optional.
13. We disagree with CTIA's contention that no commenters have
offered ``a reason why rules are needed to ensure that 988 georouting
solutions are implemented.'' As the Lifeline Administrator states, a
georouting mandate is needed to ensure consistent access to the 988
Lifeline's localized resources, prevent variations in support based on
an individual's service provider, and to allow the 988 Lifeline to
better serve individuals in crisis. The nation's mental health and
substance use disorder community also supports immediate action to
require wireless providers to implement georouting solutions for
wireless 988 calls, emphasizing the urgency of connecting individuals
in crisis to local services. For these reasons, we conclude that
allowing wireless providers to implement georouting solutions on a
purely voluntary basis would undermine our goal of ensuring that the
benefits of georouting are realized nationwide in a timely manner.
14. We further disagree with commenters that our georouting
requirements would interfere with the efforts of the three major
nationwide wireless providers to implement and deploy georouting
solutions. The rules we adopt give wireless providers the flexibility
to continue their efforts to implement the georouting solutions
developed with SAMHSA and the Lifeline Administrator, ensuring that the
benefits of improved 988 call routing can be realized without delay.
ATIS asserts that ``[a] more flexible, requirements-based approach
would facilitate the timely deployment of 988 routing solutions'' and
allow wireless providers to ``continue their deployments.'' Further, as
AT&T states, a general requirement will ``not interfere with existing
efforts between wireless providers'' and will provide ``flexibility to
adapt to changing technologies.''
15. Georouting Required for all CMRS Providers. We find that
requiring all CMRS providers to have the capability to provide
georouting data with 988 calls is necessary to ensure that wireless 988
callers receive the demonstrated benefits of georouting, regardless of
the providers' network configurations. We define nationwide CMRS
providers as those providers whose service extends to a majority of the
population and land area of the United States. Non-nationwide CMRS
providers include all CMRS providers other than a nationwide CMRS
provider. We agree with Reimagine Crisis Response that ``[c]onnecting
more people to timely and local crisis support and services through
accurately routed 988 calls will save lives.'' For that reason, we
decline to limit application of our rules to voice calls carried end-
to-end on IP networks, as advocated by some commenters. However, we
recognize that current georouting solutions may rely on the IP-based
capabilities of the Lifeline and wireless providers' networks, which
may impact wireless providers' ability to transmit georouting data with
wireless 988 calls over non-IP networks. Therefore, the rules we adopt
require nationwide and non-nationwide providers to provide georouting
data when available and offer flexibility for wireless providers to
work with the Lifeline Administrator on a case-by-case basis to address
any individualized network considerations. We also provide non-
nationwide providers an ample compliance deadline, as discussed below,
to allow time for development of technical solutions. We conclude that
this approach appropriately balances the public interest in providing
critical improvements to life-saving services with CMRS providers'
needs to develop technical solutions to implement the new requirements.
We find that the targeted requirements we adopt give wireless providers
sufficient flexibility to capitalize on their current technology and
network configurations to ensure that the maximum number of wireless
988 callers benefit from georouting as quickly as possible. The
Commission will take further action, if necessary, to ensure that
wireless providers are providing the Lifeline Administrator
[[Page 88893]]
with georouting data when available to ensure the Administrator is
capable of routing wireless 988 calls.
16. We are unpersuaded by arguments that non-nationwide CMRS
providers should be exempt from implementing georouting for wireless
988 calls. Rural Wireless Association (RWA) claims that georouting
solutions have not ``been tested in a real-world application and
implemented by any CMRS provider.'' Southern Linc also claims that non-
nationwide CMRS providers have not yet participated in the georouting
``solutions development process.'' The record reflects, however, that
the nationwide providers have developed and implemented or are in the
process of implementing georouting solutions for wireless 988 calls.
While we acknowledge that non-nationwide CMRS providers may face
operational limitations when implementing georouting solutions for
wireless 988 calls, we agree with commenters that non-nationwide CMRS
providers will be able to leverage the georouting solutions developed
and implemented by nationwide providers in collaboration with SAMHSA
and the Lifeline Administrator. Further, several commenters highlight
the importance of implementing georouting solutions to improve access
to the 988 Lifeline's crisis intervention services for people in rural
areas, who face a disproportionate risk of suicide and may need to be
aware of limited mental healthcare resources available near their
communities. We encourage non-nationwide CMRS providers to collaborate
with SAMHSA and the Lifeline Administrator in developing and
implementing georouting solutions. To further reduce the burden on non-
nationwide entities under the rules we adopt, we grant longer
compliance timelines to non-nationwide CMRS providers, as discussed
below.
Georouting Data Format Compatible With the Lifeline
17. In the SFNPRM, we described our goal to ``undertake a holistic
review to ensure that any georouting solution deployed is compatible
with the needs and systems of the 988 Lifeline, as determined by
SAMHSA, and successfully connects callers in crisis with the local
support they need.'' The requirements we adopt will ensure that the
vast majority of wireless 988 callers receive the benefits of
georouting as expeditiously as possible by ensuring that georouting
data is provided in a format that is compatible with the Lifeline's
routing platform, maintaining the centralized routing system of the 988
Lifeline, and giving wireless providers sufficient flexibility to
implement and deploy georouting solutions.
18. Capability to Provide Georouting Data. Consistent with the
SFNPRM, we require all CMRS providers to have the capability to provide
georouting data with 988 calls to the Lifeline Administrator in a
format that is compatible with the Lifeline's routing platform. The
record evinces support for this requirement. For example, CX360 states
that georouting solutions that leverage the Lifeline's existing
infrastructure ``create technical efficiencies'' and align with the
Lifeline's efforts to provide ``community-based support with national-
level support for specific at-risk communities.'' T-Mobile asserts that
compatibility with the Lifeline will avoid the significant costs
incurred for network or system changes and ``minimize[ ] the risk of
technological errors'' in efficiently delivering 988 calls. Several
commenters also indicate that georouting data in a format that is
compatible with the Lifeline's routing platform will prevent delays in
deploying georouting solutions. Moreover, the Lifeline Administrator
emphasizes, and we agree, that implementing georouting solutions that
are compatible with the 988 Lifeline's ``existing infrastructure and a
uniform standard developed in partnership with SAMHSA and the
Administrator [will] allow the 988 Lifeline to better serve individuals
in crisis.'' We emphasize that our rules create an ongoing obligation
for wireless providers to ensure that georouting data is in a format
that is compatible with the Lifeline's routing platform. We encourage
wireless providers to collaborate with SAMHSA and the Lifeline
Administrator in developing and testing georouting solutions that meet
these compatibility requirements.
19. The record reflects that the three nationwide wireless
providers have already developed and implemented, or are in the process
of implementing georouting solutions, that are compatible with the
needs and systems of the 988 Lifeline. As the Lifeline Administrator
notes, these georouting solutions are the preferred solution for the
Lifeline, were designed to be compatible with the Lifeline's existing
routing structure, and do not require ``creation of an entirely new 988
Lifeline framework and architecture.'' We anticipate that the approach
we adopt will allow wireless providers to build on the success of the
efforts of the nationwide wireless providers, streamlining
implementation and costs while facilitating faster deployment of
georouting solutions.
20. Given the importance of providing meaningful support to help-
seekers reaching out to the 988 Lifeline, we recognize that our Federal
partners may choose to expand the functionality of the Lifeline's
system in the future to support additional georouting data formats. We
direct the Wireline Competition Bureau to routinely consult with our
Federal partners at SAMHSA regarding the format of georouting data that
is compatible with the Lifeline's system. We further direct the
Wireline Competition Bureau to monitor the development of compatible
georouting solutions and, if necessary, propose and seek comment on
implementation parameters for wireless providers for any compatible
georouting data that is substantially modified from the georouting rule
adopted herein.
21. Centralized Routing. Today, routing to the appropriate crisis
call center is handled by a centralized routing system overseen by the
Lifeline Administrator and supported by a grant from SAMHSA, and we
find it is critical to retain this structure. We agree with commenters
that our rules should preserve the role of the Lifeline Administrator
in routing 988 calls to geographically appropriate local crisis
centers. Consistent with the SFNPRM, we recognize that SAMHSA and the
Lifeline Administrator are best suited to ensure that calls are
properly routed and ultimately answered by a crisis center once the
call is received by the Lifeline Administrator from the originating
wireless provider. The record highlights that the Lifeline
Administrator, under the direction of SAMHSA, plays a critical role in
managing the 988 Lifeline's system by balancing call volume, ensuring
calls are efficiently routed to appropriate and available crisis
centers, and minimizing the technical burdens placed on crisis centers
so they can focus on saving lives. As USTelecom emphasizes, the
challenges associated with routing calls to the Lifeline are not
limited to directing calls to the ``correct crisis center,'' but also
ensuring they reach available crisis centers, given that many have
varying operating hours.
22. We find that the success of the Lifeline system in helping
individuals in crisis underscores the importance of maintaining the
centralized routing system. As the Lifeline Administrator notes,
``[e]valuations of the 988 Lifeline service have found that the
majority of callers were significantly more likely to feel less
depressed, less suicidal, less overwhelmed, and more hopeful after
speaking with a 988 Lifeline crisis
[[Page 88894]]
counselor.'' We find that the requirements we adopt appropriately
maintain the critical role of the Lifeline in routing calls to crisis
centers. Additionally, we believe that this approach alleviates record
concern about the roles of CMRS providers and the Lifeline in the 988
call path.
23. Although some commenters argue that alternative georouting
solutions that bypass the Lifeline's centralized routing system may
offer some benefits for 988 callers, we find that the benefits of
centralized routing greatly exceed the costs of localized routing. In
the 988 Report and Order, 85 FR 57767 (Sept. 16, 2020), the Commission
found that the Lifeline's centralized routing process offered numerous
benefits for both the providers that route calls to the 988 Lifeline
and the Lifeline itself, including faster implementation, lower costs
to maintain 988 routing, and better Lifeline service. We are convinced
by the record that these benefits still remain true today. In
particular, we believe that maintaining the Lifeline's centralized
routing process will simplify administration of the Lifeline and allow
for faster implementation of georouting solutions. For example, the
Lifeline Administrator states that the georouting solutions developed
with the nationwide wireless providers using the Lifeline's centralized
routing process ``would be cost-effective'' for both the Lifeline and
providers, and would allow for faster deployment of georouting
solutions.
24. Specialized Services. We decline, at this time, to take
specific action to apply our georouting requirements to the Lifeline's
specialized services. In the SFNPRM, we sought comment on whether
georouting is necessary for specialized services, and whether there are
any unique considerations for routing such calls that may impact our
proposals. As discussed above, the 988 Lifeline's interactive voice
response (IVR) system currently provides callers the opportunity to
connect with specialized services by selecting ``1'' for the Veterans
Crisis Line, ``2'' for a Spanish language line, and ``3'' for a
specialized LGBTQI+ line.
25. We recognize that several commenters assert that georouting
data may provide benefits for individuals who use the Lifeline's
specialized services, such as the LGBTQI+ community and veterans.
However, the record demonstrates that there are unique considerations
for specialized services, including the need for access to specially
trained counselors, resource constraints, and increased privacy
concerns. For example, Trevor Project explains that while ``geographic
location can provide a strong cultural connection for many 988
callers,'' research has shown that ``competency with LGBTQ+ youth
issues is the critical element necessary to effectively support LGBTQ+
young people in crisis.'' We believe our Federal partners at SAMHSA and
the VA are best positioned to evaluate the benefits and challenges of
using georouting data provided with 988 calls for the Lifeline's
subnetworks. We anticipate that maintaining the existing centralized
routing process will provide the Lifeline flexibility to use its
expertise in deciding the most geographically appropriate crisis
centers to direct callers who select specialized services. We also
anticipate that our rules will better allow the Lifeline to adapt and
expand as necessary to meet the unique needs of 988 callers who select
specialized services.
Cell-Based Location for Georouting
26. The definition of ``georouting data'' we adopt specifies that
location data is generated using cell-based location technology. This
aspect of the georouting rule is central to allowing the nationwide
providers' solutions to proceed and maintain compatibility with the
Lifeline's centralized routing platform. Mental health and crisis
counseling experts emphasize the importance of connecting callers to
local resources while still protecting the privacy of callers. As
Trevor Project states, ``it is vital that a georouting solution is
adopted so that those reaching out to 988 can trust it will not
jeopardize their privacy.'' After considering the record, we find that
generating location information using cell-based location technology
will best identify a caller's location to enable routing of 988 calls
to geographically appropriate crisis centers, while maintaining the
privacy interests of callers. We anticipate that this approach will
also provide nationwide providers flexibility to deploy current
georouting solutions developed with the SAMHSA and the Lifeline
Administrator. As discussed throughout this Third Report and Order,
although there are commenters that argue an alternative routing
solution is preferable, we decline to stray from the Lifeline's current
routing structure and we encourage stakeholders and our Federal
partners to continue to coordinate on the best way to get callers to
the geographically appropriate crisis center.
Aggregation of Cell-Based Location Data
27. We require CMRS providers to aggregate location data generated
from cell-based technology to a level that will not identify the
location of the cell site or base station receiving the 988 call or
otherwise identify the precise location of the handset. In the SFNPRM,
we sought comment on whether the Commission should mandate the use of
one or more particular geographic boundaries that would be applied for
georouting solutions and asked commenters to address whether certain
boundaries are sufficiently granular to achieve the goal of connecting
callers with local resources during a time of crisis. Our decision
carefully balances two core objectives of georouting: ensuring the
location data is sufficiently granular to connect the caller with local
resources and maintaining the caller's privacy.
28. We agree with commenters that CMRS providers need flexibility
to facilitate timely deployment of 988 georouting solutions and account
for providers' network capabilities. To give CMRS providers
flexibility, we do not specify a particular method for ensuring that
location data is aggregated to a sufficiently granular level and allow
providers to use technically feasible options for meeting this
requirement. Similarly, we decline to mandate the use of one or more
particular geographic boundaries. We do, however, require wireless
providers to aggregate location data to a level that does not identify
the location of the cell site or base station receiving the 988 call or
otherwise identify the precise location of the handset.
29. We observe that the georouting solutions the three nationwide
wireless providers have deployed or are currently implementing employ
different geographic boundaries. For example, T-Mobile's georouting
solution obtains caller location information using cell-based
technology, aggregates that location data using Federal Information
Processing Series (``FIPS'') code boundaries, and transmits the
georouting data as a 6-digit code in the P-Asserted-Identity (PAI)
header of a Session Initiation Protocol (SIP) invite message to the
Lifeline. The Federal FIPS codes are maintained and assigned by the
Census Bureau to identify geographic areas. Whereas, AT&T's georouting
solution aggregates location data using wire center boundaries
correlating to the originating cell site. A wire center, as defined in
47 CFR 51.5, is the location of an incumbent Local Exchange Carrier
(LEC) switching facility containing one or more central offices. The
wire center boundaries define the area in which all customers served by
a given wire center are located. The Lifeline Administrator has
confirmed that these solutions are
[[Page 88895]]
compatible with the Lifeline's network configuration and centralized
routing system. Commenters generally agree that county level or wire-
center boundaries are sufficiently generalized to protect callers'
privacy while still enabling the Lifeline to effectively route calls to
geographically appropriate crisis centers.
30. NACO requests that we provide sufficient flexibility to allow
State and local authorities ``to define the boundaries within their
jurisdiction that are most suitable'' for georouting purposes. While we
recognize the role that counties play in addressing the nationwide
mental health crisis, we decline at this time to require wireless
providers to aggregate location data based on a particular State or
local authority's definition of appropriate geographic boundaries.
Washington Department of Health claims that allowing wireless providers
to use multiple geographic boundaries ``would negatively impact crisis
centers' ability to accurately predict the volume of need and provide
services,'' which would be particularly challenging ``in areas where
multiple languages are spoken by different communities.'' As the
Lifeline Administrator notes, states and localities are already
involved in the ``operational decision making process with SAMHSA and
Vibrant'' regarding routing of 988 calls and coverage areas of crisis
centers. We acknowledge that wireless providers' geographic boundaries
must align with the 988 network parameters of the Lifeline
Administrator and encourage SAMHSA and the Lifeline Administrator to
continue their collaborative efforts with stakeholders, and we believe
that preserving the Lifeline's centralized routing process provides our
Federal partners flexibility to develop and expand georouting solutions
to meet the Lifeline's needs.
31. We anticipate that our flexible approach toward adopting a
georouting mandate strikes the right balance between ensuring that
location data is sufficiently granular to achieve the goal of
connecting wireless 988 callers with local resources without delay,
aligning with the requirements delineated by SAMHSA and the Lifeline
Administrator, and maintaining the privacy of 988 callers. We believe
that the requirement to aggregate georouting data to a level that does
not identify the location of the cell site or base station receiving
the 988 call or a more precise location of the handset alleviates
record concern about protecting privacy of callers in more densely
populated areas. We also anticipate that our approach gives wireless
providers discretion to aggregate georouting data using technically
feasible methods that are best suited for their networks.
Technical Considerations
32. In the SFNPRM, we recognized that there could be technological
limitations associated with some georouting solutions and sought
comment on whether solutions would work if, for instance, a caller is
roaming or if a particular wireless call is out-of-scope for a
georouting solution or presents with unreadable routing data. We find
that the limitations commenters raised are addressable without
jeopardizing the georouting rule we adopt, and which is so critical to
further improve the 988 Lifeline for callers in crisis.
33. Roaming. Some commenters state technical limitations associated
with georouting solutions may arise when individuals call 988 while
roaming. CTIA asserts that the ``home network operator'' may not
receive location information, such as the originating cell ID, or may
not be able to ``correlate the visited provider's cell ID'' to
geographic boundaries to generate georouting data. AT&T states that
``4G and newer wireless networks,'' as designed, do ``not support
georouting a 988 call made while roaming.'' Although we acknowledge the
substantial public interest benefits in requiring georouting for all
wireless 988 calls, we exclude calls transmitted using roaming
capabilities from application of the requirements we adopt to account
for the technical limitations identified in the record. We anticipate
that our targeted approach will give providers sufficient flexibility
to maximize their current technology and network configurations to
ensure that the vast majority of wireless 988 callers benefit from
georouting as quickly as possible. Calls using roaming capabilities may
be routed to qualified crisis counselors using the area code and
exchange, as they are today. Upon development of a further record
pertaining to the technical feasibility of transmitting georouting data
with roaming calls, the Commission may further consider extending the
georouting requirements to these calls. Issues raised in the SFNPRM
that are not addressed in this Third Report and Order remain pending.
34. Default Routing. In the SFNPRM, we sought comment on whether
988 calls with unreadable routing data would default to routing by area
code or be redirected to a national back-up center. The record
demonstrates that, while the benefits of georouting for 988 calls are
clear, it is critical that callers still have access to the Lifeline's
vital services if georouting data is unavailable or unreadable. CX360,
a service provider that contracts with the Lifeline Administrator to
provide voice and SMS-based information services after calls reach the
Lifeline, explains that the Lifeline's IVR system has ``built-in backup
routing logic that routes the call based on the caller's area code.''
Several commenters that addressed this issue support defaulting to
routing by area code and exchange when georouting data is unreadable.
We agree, and we view retaining the centralized routing process will
enable the Lifeline to route callers to crisis centers based on area
code and exchange in the event that georouting data is unavailable or
unreadable, and such calls will not be disconnected.
Alternative Georouting Solutions
35. We emphasized in the SFNPRM that we believe implementing a
georouting solution without delay to connect callers to 988 with
geographically appropriate crisis call centers provides better care.
With this urgency in mind, we sought comment on the feasibility of
requiring alternative georouting solutions that have not yet been
tested, developed, or presented to SAMHSA or the Lifeline Administrator
and asked whether such solutions would expedite or slow deployment of
georouting. After reviewing the record, we decline, at this time, to
adopt commenters' alternative georouting proposals that would bypass
the Lifeline's centralized routing system or require CMRS providers to
route directly to crisis centers. Several commenters argue that the
Commission should consider adopting rules that allow routing of 988
calls directly to NG911 networks upon request from states that can
manage 988 calls directly and have defined ``geospatial boundaries''
for 988 crisis centers. Intrado Life & Safety asks the Commission to
adopt rules that support direct routing of 988 calls to ``state-
designated IP Protocol (IP) points of interconnection (POI),'' such as
the ``Emergency Services IP Network (ESInet)'' in alignment with Next
Generation 911 (NG911), upon request from a state. Similarly, Comtech
urges the Commission to adopt rules that provide ``state 988
authorities the flexibility to develop their own direct, dedicated, IP-
based 988 call paths and system architecture to meet their local
needs.'' The National Emergency Number Association (NENA) also urges
the Commission to consider the use of NG911 technologies to support
georouting for 988 calls and argues that
[[Page 88896]]
a 988 call should ``be treated as an emergency call.''
36. We do not adopt these proposals at this time as we work to
expeditiously improve routing for 988 calls within the 988 Lifeline's
system. Nevertheless, recognizing the importance of developing
solutions capable of connecting callers to the most geographically
appropriate resources, we encourage parties to continue exploring
alternative localized georouting solutions. In the SFNPRM, we stated
that the ultimate goal of the coordination between SAMHSA, the Lifeline
Administrator, and the Commission was to identify one or more
georouting solutions that are compatible with the 988 Lifeline's system
and achieve the policy objectives of connecting callers in crisis with
local support. We further stated that our goal was to build on the
progress made by all stakeholders to identify a georouting solution to
enhance the support and resources available to callers in crisis. The
record reflects support for this approach.
37. We are also concerned that implementing a localized routing
model at this time would be contrary to our goal of ensuring that
georouting is available without delay to connect the majority of
callers to 988 with geographically appropriate crisis centers that
enhance the services available to those in crisis. CTIA asserts that
proposals that require modification of the centralized routing process
for 988 calls are inconsistent with the georouting solutions that have
been developed by the nationwide wireless providers, major
stakeholders, SAMHSA, and the Lifeline Administrator. The Lifeline
Administrator and CX360 point to necessary infrastructure changes that
could delay implementation of georouting solutions. Additionally, the
Lifeline Administrator states that ``reliance on technologies, such as
NG911, can impact the ability . . . to carry out its duties as
Administrator, including responsibility for routing of contacts to the
988 Lifeline.'' Overall, we do not have the full and detailed record
necessary to adopt a rule that requires providers to bypass the
existing centralized routing system, and we find that doing so would
jeopardize the important next step that we are taking by implementing
georouting as soon as possible.
38. We decline NENA's request to establish an expiration date for
mandatory georouting requirements. NENA emphasizes the potential
benefits of implementing georouting solutions for wireless 988 calls
that leverage NG911 technologies. While parties claim that NG911
technology could provide benefits for georouting calls to the 988
Lifeline, those benefits do not negate the current need for the
requirements that we adopt in this Third Report and Order. Given the
significant public interest benefits of supporting georouting for
wireless 988 calls, we decline to set an end date for our rules, but we
may consider further technological developments in the future.
Implementation Time Frame for Georouting 988 Calls to the Lifeline
39. Recognizing the urgency of the need to continue the
Commission's work to provide meaningful access to the 988 Lifeline, we
sought comment in the SFNPRM on the appropriate timeline for deployment
of a georouting solution, and specifically asked commenters to identify
technical, financial, operational, legal, or other factors that could
influence a mandated time frame. Thanks in large part to the work of
SAMHSA and nationwide CMRS providers to date, the record indicates that
implementation of solutions for sending georouting data along with
wireless calls is attainable in the near term. We therefore establish
an implementation time frame following the effective date of the
georouting rule of 30 days for nationwide CMRS providers and 24 months
for all non-nationwide CMRS providers. As we define them above,
nationwide CMRS providers are those providers whose service extends to
a majority of the population and land area of the United States. Non-
nationwide CMRS providers include all CMRS providers other than a
nationwide CMRS provider.
40. The implementation time frame we provide nationwide CMRS
providers corresponds to these providers' own solution-completion
timelines. T-Mobile, for example, began sending georouting information
to the 988 Lifeline even before the publication of our rules and has
since announced that its customers now ``have their calls routed to
crisis centers close to their actual location.'' All three nationwide
providers have implemented, or are in the process of implementing,
their georouting solutions for wireless 988 calls. Consistent with
these expectations, we find sufficient a 30-day period after the
effective date of our rules to require nationwide CMRS providers to
begin sending georouting data with wireless 988 calls. Establishing
such a time frame represents a critical first step toward ensuring that
callers--a vast majority of whom subscribe to a nationwide CMRS
provider--will be routed to a geographically appropriate call center.
41. Simultaneously, we conclude that 24 months provides sufficient
time for non-nationwide CMRS providers to begin sending georouting
information to the 988 Lifeline. Commenters agree that non-nationwide
CMRS providers require more time to implement a georouting solution.
For example, Intrado Life & Safety proposes that their solution could
be completed within a year but acknowledge that additional time may be
needed for non-nationwide CMRS providers. We find that 24 months
strikes an appropriate balance between giving these providers the
necessary time to come into compliance and the pressing need to
expeditiously connect callers to a geographically appropriate call
center. A 24-month period for implementation, as noted by CCA and
Southern Linc, also accords with our decision to give providers 24
months to implement location-based routing for 911 call solutions.
42. RWA asserts that small rural CMRS providers lack the resources
to implement a georouting solution before 36 months. Although we
understand RWA's contention that a lack of funding and personnel
comparable to the nationwide providers warrants additional time for
small rural CMRS providers, RWA has not demonstrated the need for the
additional 12 months beyond the two years we are providing. Recognizing
that their 36-month recommendation exceeds the 24 months that were
given for 911 location-based call solutions to be implemented, RWA
contends that with 911, ``large nationwide CMRS providers had already
begun implementing location-based solutions, which was an influential
factor in . . . adopting a shorter implementation timeline,'' but that
``[i]n this case, such early implementation has not occurred.'' RWA
argues then that the ``untested nature of the available 988 georouting
solutions and lack of real-world implementation by any CMRS provider''
merits an additional 12 months for implementation of a georouting
solution. Yet, as observed above, nationwide CMRS providers have
implemented or are in the process of implementing their georouting
solutions. And RWA does not otherwise justify their recommended
timeline of 36 months, which--at minimum--adds two years beyond the
time frames cited as necessary by existing proposals that account for
small CMRS providers. INCOMPAS also argues, and CTIA agrees, that
additional time would be needed--up to four years--for sending
georouting information with text
[[Page 88897]]
messages. However, as we do not mandate that text messages send
georouting information at this time, we need not address this argument.
Additionally, we note that the Commission previously established a
uniform 24-month implementation time frame for 988 itself, which
involved implementing 10-digit dialing in 87 area codes as well as
reprogramming, translating, or replacing telephone switches that would
not otherwise support 988 as a three-digit dialing code. We do not
anticipate, by comparison, that implementation of a georouting solution
will prove more burdensome. It is our predictive judgment that 24
months accounts for the technical and cost-related challenges non-
nationwide CMRS providers will face in implementing this lifesaving
change to the 988 system.
Routing Voice Calls and Texts to 988
43. In the SFNPRM, we asked whether our existing 988 voice and
texting rules should be broadened to allow for implementing a
georouting solution. We conclude that it's appropriate to revise these
rules to permit routing to the national suicide prevention and mental
health crisis hotline system without need for translation to the toll
free access number. In so doing, we better futureproof the use of 988,
including by enabling georouting solutions that may require broader
routing parameters. In making these changes, we also codify our 2022
waiver order permitting covered text providers to route covered 988
text messages to the 988 Lifeline without translation to the toll free
number. We previously acknowledged that ``as implementation has
progressed, providers have found that, in practice, translating 988
text messages to the current toll free access number for the Lifeline .
. . may negatively impact the experience of individuals texting the
Lifeline.'' Problems identified as arising from the current requirement
included potential confusion when a number different than 988 appears
on an individual's device when receiving responses, possibly resulting
in delayed, frustrated, or abandoned efforts to seek help. Our
revisions provide greater flexibility so as to avoid any similar such
problems. Individuals will still be able to dial the toll free ten-
digit access number to reach the 988 Lifeline.
44. We do not adopt iCERT's proposal to amend our rule to require
providers to route directly to a State or local 988 call center. The
amendment we adopt resolves the issues identified above without
potential delay to the implementation of georouting solutions. We
therefore decline at this time to adopt alternative approaches that
would bypass the Lifeline's centralized routing platform.
Legal Authority
45. As we tentatively concluded in the SFNPRM, we find that Title
II and Title III of the Communications Act of 1934, as amended (Act),
provide us with the authority to adopt the rules we promulgate. The
Supreme Court has previously recognized that Title III grants the
Commission a ``comprehensive mandate'' in regulating spectrum usage,
and lower courts have routinely determined that Title III confers broad
authority to manage spectrum in the public interest. Consistent with
these decisions, we find significant public interest benefits will
likely inure as a result of our georouting mandate by connecting
individuals in crisis with geographically appropriate public safety and
counseling resources.
46. In the SFNPRM, we asked whether section 251(e), which provides
the Commission its numbering authority, acts as an additional source of
authority. Section 251(e)(4), specifically, designates 988 as the
universal telephone number for the national suicide prevention and
mental health crisis hotline system. We agree with commenters that our
authority extends to mandating that a georouting solution be
implemented. We also agree with commenters that in so doing, we further
the goals of previous congressional directives, including to adopt
regulations that will ease access to suicide prevention and mental
health services. In mandating that a georouting solution be implemented
and in modifying our voice and text routing rules, we thus exercise our
numbering authority pursuant to Congress's direction and therefore find
that 251(e) provides us authority to promulgate the rules we adopt.
Benefits and Costs of 988 Georouting
47. By reducing the geographic mismatch between caller locations
and area codes and moving 988's life-saving interventions closer in
time and space to those in distress, georouting will generate
mortality-reduction and other benefits far exceeding implementation
costs.
Benefits
48. Reduced Suicide Mortality. The number of Americans who are at
risk of having their wireless 988 calls routed to a faraway 988
Lifeline call center is vast. Approximately 80% of calls to 988 are
from wireless devices. In a mobile society where people hold on to
familiar wireless phone numbers, there is often no connection between
the geographic origins of 988 calls and the area codes of the callers'
phone numbers. According to a study conducted by Pew Research Center,
``each year about 36 million Americans move residences and nearly half
of adults living in urban areas have a cellphone number from somewhere
else. Additionally, nationwide at least 10% of all adult Americans have
a cellphone number from somewhere other than where they reside.'' While
we recognize that 988 is a critical resource of growing importance for
younger people, for the purposes of our analysis we focus on all
adults, that is, individuals 18 years or older.
49. We use a three-step process to estimate reduced suicide
mortality risk. First, we identify suicide victims who could have tried
to summon 988 assistance and been misrouted. After the launch of 988 on
July 16, 2022, a total of 2,395 American adult suicide victims 18 and
older could have sought a 988 emergency intervention but had cellphone
numbers prone to misrouting. Total suicides for adults 18 years or
older in 2022 were 47,891. If we allocate by months, then there were
~23,946 in the latter half of the year (i.e., 6/12 = 0.5). We can
alternatively allocate by total suicides for July-December (i.e.,
24,742/49,746 = 0.500008085), which gives the same result. Polling
results tell us that 431 (i.e., 18% of 2,395) of these suicide victims
could have been aware of 988 and possibly called. Kaiser Family
Foundation polling indicates that as of mid-2023, only 18% of adults
reported familiarity with 988. Second, we identify those victims
subject to possible emergency-response delays: Nearly 13 (i.e., 3% of
431) would have required the sort of immediate and follow-up care that
could be more effectively provided by georouting 988 calls to the
locality in which the caller resides without revealing the caller's
precise location or otherwise compromising their privacy. We estimate
that 2.2 (i.e., 17% of 13) of these suicides could have been avoided by
988 georouting. Our rationale is that wireless call misrouting is
suboptimal: localities have first-responder and follow-up resources
tailored to local settings and circumstances to optimize their
effectiveness; such resources can often only be deployed by local
crisis centers. The delays, frictions, and mismatches triggered by
misrouting increase response time, and every minute saved in a suicide
intervention reduces suicide mortality. The Commission previously
estimated that a one-minute reduction in emergency-
[[Page 88898]]
response time reduces mortality by 17%. Thus, while the rules
promulgated do not impose a dispatchable location requirement--that is,
a caller's exact location cannot be identified--by connecting callers
to geographically appropriate crisis centers, we anticipate that better
response times, and the benefits thereof, will result. Third, we
estimate that Americans would have been collectively willing to pay
$27.5 million annually and nearly $130 million over a five-year period
for a mortality-risk reduction of this size. Using a recent Value of
Reduced Mortality Risk (VRMR) of $12.5 million, a mortality-risk
reduction equivalent to 2.2 lives is worth 2.20 * $12,500,000 =
$27,500,000. The present value of five annual payments discounted at 2%
according to Office of Management and Budget Circular A-4 is
$129.620,136.
50. Other Benefits and Possible Benefits Underestimation. Our
estimate of $120 million in benefits over five years is an
underestimate because it excludes youth age 17 and under, who rely
heavily on wireless devices and 6,542 of whom committed suicide in
2022. Studies indicate 53% of children in the United States have a
smartphone by age 11, with over 95% of teens between 13 and 17 years of
age having access to a cellphone. In addition, suicide attempts--more
broadly acts of self-harm--demand medical treatment, put people out of
work, and diminish survivors' quality of life. Yet, we have not
estimated the savings from reduced medical expenses, lost work, and
lost quality of life. We also do not count the benefits of less
property damage attributable to suicide attempts and savings of 988
Lifeline call center resources from fewer misrouted calls. In addition,
misrouted 988 callers often resort to calling 911. A reduction in these
calls would likely save further costs. Lastly, we have neglected to
estimate the devasting emotional toll 988 wireless call georouting
would spare suicide victims' families, friends, and communities.
Costs
51. We estimate that the implementation costs of georouting 988
wireless calls will be relatively small. RWA claims ``RWA carrier
members, all of whom are small rural non-nationwide CMRS providers,
estimate that 988 georouting solutions could cost them at least $50,000
for implementation and over $15,000 per month for third-party services,
not including continual labor costs for testing. Such a cost is an
immense burden for a small rural non-nationwide CMRS provider.'' Some
commenters propose cost-effective 988 routing solutions: CX360 that
``[t]here are no incremental service costs to wireless providers for
CX360's georouting solution beyond the initial development expense for
call header configuration by each wireless provider. All other parties
in the existing 988 Lifeline call flow are already configured to
support this model.'' Vibrant indicates that ``[t]he georouting
solution developed in conjunction with Vibrant's partners for the 988
Lifeline telephony infrastructure and major wireless providers
represents the preferred solution that would allow real-time routing
updates without the creation of an entirely new 988 Lifeline framework
and architecture. This solution would be cost-effective not only for
the 988 Lifeline but for providers as well and is able to be deployed
faster than other proposed solutions.'' In the nearer term,
``nationwide wireless providers AT&T, T-Mobile, and Verizon have
achieved consensus with the Lifeline Administrator, Vibrant, on the
contours of georouting solutions and are working to implement them as
quickly as practicable.'' The georouting solutions rely on geographic
information associated with call origination, such as the cell-site
identification number, which the provider can translate into a county
identifier. Based the record, we conclude that cost-effective 988
wireless call georouting solutions exist in theory and in practice. To
minimize their financial burden, non-nationwide wireless providers
facing greater financial constraints have been granted a full 24 months
to find and implement a solution.
Additional Proposals
52. We appreciate the opportunity, as the expert regulatory agency
on telecommunications in the United States, to help facilitate access
to the 988 Lifeline's critical mental health and suicide prevention
services. It is also important that we recognize the important role
that our Federal partners and others play in operating the 988
Lifeline. In response to the SFNPRM, some commenters raised important
issues that are more appropriately addressed by other parties or may
fall outside the scope of this proceeding. We address these issues
below and encourage interested parties to collaborate with our Federal
partners at SAMHSA and the VA, along with other stakeholders, to
continue their efforts in enhancing the effectiveness of the 988
Lifeline.
53. Transparency. Several commenters emphasized the importance of
transparent communication and education about how georouting data is
used for wireless 988 calls. For example, NAMI asserts that
transparency regarding the use of georouting data will help ``build
trust in the 988 Lifeline'' and alleviate fears about sharing location
information, which may have resulted from factors such as a ``historic
distrust'' of emergency response systems or misinformation about the
use of such data. The Electronic Privacy Information Center (EPIC) also
argues that transparently acknowledging the harms of non-consensual
interventions for 988 callers can help mitigate ``the chilling effects
of implementing mandated georouting on would-be 988 callers.'' We
recognize the importance of transparent communication and believe that
the Commission's website, together with continued collaboration with
our Federal partners at SAMHSA, will serve as a valuable means of
consumer education. We also expect that relevant 988 stakeholders will
help contribute to these educational efforts.
54. EPIC also urges the Commission to be transparent about the
actions taken in the rare instances when a 988 call is transferred to
911. The Lifeline Administrator states that ``[i]n rare situations, a
988 crisis counselor may contact a public safety answering point
dispatcher because of concerns about an immediate risk of life,
pursuant to the 988 Lifeline Suicide Safety policy.'' While we
recognize harms can occur from a non-consensual interventions, the
georouting requirements we adopt apply only to CMRS providers routing
calls to the 988 Lifeline, which is distinct from the functions
performed by the Lifeline Administrator or individual crisis centers
after the Lifeline receives the calls. The Commission has had no role
in establishing, maintaining, or operating the 988 Lifeline's routing
system or the facilities and systems that enable it, and is not a party
to any agreement that the Lifeline Administrator and/or SAMHSA has
entered to establish, structure, operate, govern, or fund the system.
55. 988 Lifeline Funding and Services. We also received comments
regarding the need for adequate funding to ensure that the 988 Lifeline
and crisis centers can effectively support georouting, as well as other
recommendations that commenters claim would improve the general
effectiveness of the 988 Lifeline. While these recommendations fall
outside of our jurisdiction, we note that our Federal partners at
SAMHSA are ``planning for anticipated operational, training and
procedural updates [that] will require active engagement with partners
including states, territories, tribes and crisis centers.'' We also
encourage stakeholders to work with
[[Page 88899]]
Congress to ensure appropriate funding for the 988 Lifeline.
56. 911 Interoperability. We received several comments urging the
Commission to consider issues pertaining to the interoperability
between the 988 Lifeline and 911 services. For example, NENA argues
that ``988 must technically and operationally interoperate with [911]
and first responder operations.'' Similarly, the National Association
of State 911 Administrators (NASNA) argues that as the 988 system
evolves, successful interoperability with NG911 will be essential
``when there is a crisis that requires an escalated response.'' We
agree with commenters that facilitating interoperability between 988
and 911 services is an important goal, however these proposals are
beyond the scope of this proceeding, and we decline to address them
further here. We also note that the Lifeline Administrator is currently
``involved in ongoing efforts at the local, state, and national
levels'' to address the interoperability between 988 and 911 services.
We, therefore, encourage stakeholders to collaborate with our Federal
partners.
57. Coordination with American Indian and Alaska Native
Communities. Northwest Portland Area Indian Health Board (NPAIHB)
recommends that the Commission, SAMHSA, and wireless providers consult
with Tribal communities to ensure that American Indian and Alaska
Native communities are ``able to utilize the 988 Lifeline and be
connected to locally centralized suicide prevention and crisis service
centers when using a wireless device.'' We support NPAIHB's suggestion
and believe connecting Tribal community members with local crisis
centers is crucial to providing these communities with the meaningful
help they need. As such, we stand ready to work with our Federal
partners and industry to assist American Indian and Alaska Native
communities' access the life-saving resources of the 988 Lifeline.
58. Opt-Out, website, and Call Disclosure Requirements. We received
comments urging the Commission to consider whether 988 callers will
have the opportunity to opt out of sharing georouting data. The
Massachusetts Association for Mental Health (MAMH) and EPIC urge the
Commission to ``require 988 websites to indicate that georouting is
used'' and provide information about accessing the Lifeline's national
backup center or individual crisis centers. EPIC also argues that
``disclosure about georouting and non-georouted alternatives needs to
occur during a call.'' To the extent that commenters raise concerns
regarding disclosures about the use of georouting data on 988 websites
or after the Lifeline's centralized routing system receives a call,
such issues address actions by entities that are beyond the scope of
this proceeding. Additionally, the georouting rules we adopt do not
require wireless providers to transmit more precise geolocation
information with wireless 988 calls, but rather require aggregated
georouting data that maintains caller privacy in order to enhance the
Lifeline's routing mechanism. Therefore, we decline, at this time, to
require wireless providers to include specific disclosures regarding
the use of georouting data.
59. Cost Recovery. RWA argues that the Commission should ``allocate
funds to subsidize'' implementation efforts by non-nationwide CMRS
providers to comply with a georouting mandate. RWA further argues that
small rural non-nationwide CMRS providers ``cannot pass the costs of
988 georouting compliance onto their customers without jeopardizing
their [Universal Service Fund] support.'' RWA's cost estimates lack any
specificity or detail for us to determine whether those costs, which
are also provided in isolation, would indeed jeopardize their universal
service support. Further, we did not propose any cost recovery
mechanisms in the SFNPRM and we will not adopt any here. As explained
in the analysis of benefits and costs section, the benefits of
implementing georouting for wireless 988 calls significantly outweigh
the costs to CMRS providers. Moreover, the rules we adopt are flexible
and we encourage non-nationwide CMRS providers to develop the most cost
effective georouting solution with the technical parameters set forth
herein.
60. Customer Proprietary Network Information (CPNI) and Third Party
Vendor Issues. EPIC asks the Commission to prohibit wireless providers
from ``sharing 988-related data even if the subscriber has opted in to
sharing their CPNI'' and to ensure that wireless providers and ``their
vendors meet basic cybersecurity requirements.'' EPIC argues that the
Commission has authority under Sec. 222 of the Communications Act, as
amended ``to hold carriers responsible for safeguarding'' CPNI. We
agree that protecting the privacy and security of callers is
imperative. The rules we adopt make clear that wireless providers must
aggregate location data generated from cell-based technology to a
sufficiently granular level to maintain caller privacy.
Procedural Matters
61. Regulatory Flexibility Act. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that an agency prepare a regulatory
flexibility analysis for notice and comment rulemakings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' Accordingly, the Commission has prepared a Final Regulatory
Flexibility Analysis (FRFA) concerning the potential impact of the rule
and policy changes adopted in this Third Report and Order on small
entities.
62. Paperwork Reduction Act Analysis. The Third Report and Order
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).
63. 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). The
Commission will send a copy of this Third Report and Order to Congress
and the Government Accountability Office pursuant to 5 U.S.C.
801(a)(1)(A).
Final Regulatory Flexibility Analysis
64. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Implementation of the National Suicide Hotline Act
of 2018, Second Further Notice of Proposed Rulemaking (SFNPRM), 89 FR
46340 (May 29, 2024). The Commission sought written public comment on
the proposals in the SFNPRM, including comments on the IRFA. The
comments received are discussed below. This Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Report and Order
65. In the Third Report and Order, the Commission adopts rules to
facilitate access to life-saving services for people in suicidal,
mental health, and substance use crises by improving the routing of
wireless calls to the 988 Lifeline. The 988 Lifeline was originally
[[Page 88900]]
designed to route calls to crisis centers based on the area code and
exchange associated with a caller's device. However, as technology
trends have shifted from landline phones to mobile phones, many callers
now seek help from the 988 Lifeline using wireless devices with area
codes that may not correspond to their physical locations. Although the
988 Lifeline provides meaningful support for help-seekers regardless of
their location, discrepancies between callers' physical locations and
the area codes associated with their wireless devices can complicate
access to local resources, which mental health advocates emphasize are
critical to achieving the full life-saving potential of the 988
Lifeline.
66. The rules adopted in the Third Report and Order aim to
facilitate access to critical local resources for the vast majority of
wireless 988 callers by requiring wireless providers to implement
georouting solutions for 988 calls. Specifically, the Third Report and
Order requires that all Commercial Mobile Radio Service (CMRS)
providers have the capability to provide georouting data with 988 calls
to the Lifeline Administrator in a format that is compatible with the
Lifeline's routing platform. The Commission defines ``Lifeline
Administrator'' as the entity that ``controls the 988 call routing
platform pursuant to contract with the Substance Abuse Mental Health
Services Administration.'' The Third Report and Order also requires
that all CMRS providers must provide georouting data, when available,
with 988 calls to the Lifeline Administrator. These requirements will
enable the 988 Lifeline to route wireless calls to appropriate crisis
centers based on the geographic area associated with the origin of a
988 call, rather than by area code and exchange. With ``georouting
data'' as defined under the Commission's rule, CMRS providers must
aggregate location data generated from cell-based technology to a level
that does not identify the location of the cell site and base station
receiving the 988 call or otherwise specify the caller's precise
location. The Third Report and Order adopts a 30 day timeline for
nationwide CMRS providers to implement georouting for wireless 988
calls and provides 24 months for implementation by non-nationwide CMRS
providers. Finally, the Third Report and Order revises the Commission's
existing 988 voice and texting rules to permit routing to the national
suicide prevention and mental health crisis hotline system without need
for translation to the toll free access number. This revision will
provide greater flexibility and help futureproof the use of 988 by
enabling wireless providers to implement georouting solutions that may
require broader routing parameters.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
67. There were no comments filed that specifically addressed the
proposed rules and policies presented in the 988 Georouting Further
Notice IRFA. However, several commenters discussed the potential impact
of rules on non-nationwide CMRS providers.
68. The Competitive Carriers Association (CCA), Southern
Communications Services, Inc. (Southern Linc), and the Rural Wireless
Association (RWA) advocated for the Commission to give providers
flexibility to account for their individual networks, the limitations
of current georouting solutions, or the challenges faced by non-
nationwide providers. In addition, RWA advocated for the Commission to
allow small rural non-nationwide CMRS providers to implement georouting
solutions on a voluntary basis. Alternatively, RWA called for the
Commission to allow small rural non-nationwide CMRS providers
additional time, funds to subsidize efforts, and flexibility in
developing georouting solutions. Several commenters also urged the
Commission to give non-nationwide CMRS providers sufficient time to
implement georouting solutions. The approach taken by the Third Report
and Order addresses these comments by adopting rules that allow
wireless providers to build on the success of georouting solutions that
have been developed with SAMHSA and the Lifeline Administrator, while
also providing the flexibility for small and other providers to
implement georouting solutions that account for their network
capabilities and are compatible with the Lifeline's routing platform.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
69. 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. The Chief Counsel did not
file any comments in response to the proposed rules in this proceeding.
Description and Estimate of the Number of Small Entities to Which the
Rules Will Apply
70. 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 rules adopted herein. 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.
71. 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, 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 Small Business
Administration's (SBA) Office of Advocacy, in general a small business
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 33.2 million businesses.
72. 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.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2022, there were
approximately 530,109 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
73. 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 2022 Census of Governments indicate there were
90,837 local governmental jurisdictions consisting of general purpose
[[Page 88901]]
governments and special purpose governments in the United States. Of
this number, there were 36,845 general purpose governments (county,
municipal, and town or township) with populations of less than 50,000
and 11,879 special purpose governments (independent school districts)
with enrollment populations of less than 50,000. Accordingly, based on
the 2022 U.S. Census of Governments data, we estimate that at least
48,724 entities fall into the category of ``small governmental
jurisdictions.''
74. Wireless Carriers and Service Providers. Wireless
Telecommunications Carriers (except Satellite) is the closest industry
with a SBA small business size standard applicable to these service
providers. The SBA small business size standard for this industry
classifies a business as small if it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that there were 2,893 firms that
operated in this industry for the entire year. Of this number, 2,837
firms employed fewer than 250 employees. Additionally, based on
Commission data in the 2022 Universal Service Monitoring Report, as of
December 31, 2021, there were 594 providers that reported they were
engaged in the provision of wireless services. Of these providers, the
Commission estimates that 511 providers have 1,500 or fewer employees.
Consequently, using the SBA's small business size standard, most of
these providers can be considered small entities.
75. Wireless Communications Services. Wireless Communications
Services (WCS) can be used for a variety of fixed, mobile,
radiolocation, and digital audio broadcasting satellite services.
Wireless spectrum is made available and licensed for the provision of
wireless communications services in several frequency bands subject to
part 27 of the Commission's rules. Wireless Telecommunications Carriers
(except Satellite) is the closest industry with an SBA small business
size standard applicable to these services. The SBA small business size
standard for this industry classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
there were 2,893 firms that operated in this industry for the entire
year. Of this number, 2,837 firms employed fewer than 250 employees.
Thus under the SBA size standard, the Commission estimates that a
majority of licensees in this industry can be considered small.
76. The Commission's small business size standards with respect to
WCS involve eligibility for bidding credits and installment payments in
the auction of licenses for the various frequency bands included in
WCS. When bidding credits are adopted for the auction of licenses in
WCS frequency bands, such credits may be available to several types of
small businesses based average gross revenues (small, very small and
entrepreneur) pursuant to the competitive bidding rules adopted in
conjunction with the requirements for the auction and/or as identified
in the designated entities section in part 27 of the Commission's rules
for the specific WCS frequency bands.
77. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
78. Wireless Telephony. Wireless telephony includes cellular,
personal communications services, and specialized mobile radio
telephony carriers. The closest applicable industry with an SBA small
business size standard is Wireless Telecommunications Carriers (except
Satellite). The size standard for this industry under SBA rules is that
a business is small if it has 1,500 or fewer employees. For this
industry, U.S. Census Bureau data for 2017 show that there were 2,893
firms that operated for the entire year. Of this number, 2,837 firms
employed fewer than 250 employees. Additionally, based on Commission
data in the 2022 Universal Service Monitoring Report, as of December
31, 2021, there were 331 providers that reported they were engaged in
the provision of cellular, personal communications services, and
specialized mobile radio services. Of these providers, the Commission
estimates that 255 providers have 1,500 or fewer employees.
Consequently, using the SBA's small business size standard, most of
these providers can be considered small entities.
79. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
SBA size standard for this industry classifies a business as small if
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 594
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 511
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
80. 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.
Wired Telecommunications Carriers are also referred to as wireline
carriers or fixed local service providers.
81. The SBA small business size standard for Wired
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small. U.S. Census Bureau data for 2017 show that there
were 3,054 firms that operated in this industry for the entire year. Of
this number, 2,964 firms operated with fewer than 250 employees.
Additionally, based on Commission data in the 2022 Universal Service
Monitoring Report, as of December 31, 2021, there were 4,590 providers
that reported they were engaged in the provision of fixed local
services. Of these providers, the Commission
[[Page 88902]]
estimates that 4,146 providers have 1,500 or fewer employees.
Consequently, using the SBA's small business size standard, most of
these providers can be considered small entities.
82. Local Exchange Carriers (LECs). Neither the Commission nor the
SBA has developed a size standard for small businesses specifically
applicable to local exchange services. Providers of these services
include both incumbent and competitive local exchange service
providers. Wired Telecommunications Carriers is the closest industry
with an SBA small business size standard. Wired Telecommunications
Carriers are also referred to as wireline carriers or fixed local
service providers. The SBA small business size standard for Wired
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small. U.S. Census Bureau data for 2017 show that there
were 3,054 firms that operated in this industry for the entire year. Of
this number, 2,964 firms operated with fewer than 250 employees.
Additionally, based on Commission data in the 2022 Universal Service
Monitoring Report, as of December 31, 2021, there were 4,590 providers
that reported they were fixed local exchange service providers. Of
these providers, the Commission estimates that 4,146 providers have
1,500 or fewer employees. Consequently, using the SBA's small business
size standard, most of these providers can be considered small
entities.
83. Incumbent Local Exchange Carriers (Incumbent LECs). Neither the
Commission nor the SBA have developed a small business size standard
specifically for incumbent local exchange carriers. Wired
Telecommunications Carriers is the closest industry with an SBA small
business size standard. The SBA small business size standard for Wired
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small. U.S. Census Bureau data for 2017 show that there
were 3,054 firms in this industry that operated for the entire year. Of
this number, 2,964 firms operated with fewer than 250 employees.
Additionally, based on Commission data in the 2022 Universal Service
Monitoring Report, as of December 31, 2021, there were 1,212 providers
that reported they were incumbent local exchange service providers. Of
these providers, the Commission estimates that 916 providers have 1,500
or fewer employees. Consequently, using the SBA's small business size
standard, the Commission estimates that the majority of incumbent local
exchange carriers can be considered small entities.
84. Competitive Local Exchange Carriers (CLECs). Neither the
Commission nor the SBA has developed a size standard for small
businesses specifically applicable to local exchange services.
Providers of these services include several types of competitive local
exchange service providers. Wired Telecommunications Carriers is the
closest industry with a SBA small business size standard. The SBA small
business size standard for Wired Telecommunications Carriers classifies
firms having 1,500 or fewer employees as small. U.S. Census Bureau data
for 2017 show that there were 3,054 firms that operated in this
industry for the entire year. Of this number, 2,964 firms operated with
fewer than 250 employees. Additionally, based on Commission data in the
2022 Universal Service Monitoring Report, as of December 31, 2021,
there were 3,378 providers that reported they were competitive local
service providers. Of these providers, the Commission estimates that
3,230 providers have 1,500 or fewer employees. Consequently, using the
SBA's small business size standard, most of these providers can be
considered small entities.
85. Interexchange Carriers (IXCs). Neither the Commission nor the
SBA have developed a small business size standard specifically for
Interexchange Carriers. Wired Telecommunications Carriers is the
closest industry with a SBA small business size standard. The SBA small
business size standard for Wired Telecommunications Carriers classifies
firms having 1,500 or fewer employees as small. U.S. Census Bureau data
for 2017 show that there were 3,054 firms that operated in this
industry for the entire year. Of this number, 2,964 firms operated with
fewer than 250 employees. Additionally, based on Commission data in the
2022 Universal Service Monitoring Report, as of December 31, 2021,
there were 127 providers that reported they were engaged in the
provision of interexchange services. Of these providers, the Commission
estimates that 109 providers have 1,500 or fewer employees.
Consequently, using the SBA's small business size standard, the
Commission estimates that the majority of providers in this industry
can be considered small entities.
86. Local Resellers. Neither the Commission nor the SBA have
developed a small business size standard specifically for Local
Resellers. Telecommunications Resellers is the closest industry with a
SBA small business size standard. 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 small business size standard for
Telecommunications Resellers classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
1,386 firms in this industry provided resale services for the entire
year. Of that number, 1,375 firms operated with fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 207
providers that reported they were engaged in the provision of local
resale services. Of these providers, the Commission estimates that 202
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
87. Toll Resellers. Neither the Commission nor the SBA have
developed a small business size standard specifically for Toll
Resellers. Telecommunications Resellers is the closest industry with a
SBA small business size standard. 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 small business size standard for
Telecommunications Resellers classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
1,386 firms in this industry provided resale services for the entire
year. Of that number, 1,375 firms operated with fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 457
providers that
[[Page 88903]]
reported they were engaged in the provision of toll services. Of these
providers, the Commission estimates that 438 providers have 1,500 or
fewer employees. Consequently, using the SBA's small business size
standard, most of these providers can be considered small entities.
88. 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. Wired Telecommunications Carriers is the closest
industry with a SBA small business size standard. The SBA small
business size standard for Wired Telecommunications Carriers classifies
firms having 1,500 or fewer employees as small. U.S. Census Bureau data
for 2017 show that there were 3,054 firms in this industry that
operated for the entire year. Of this number, 2,964 firms operated with
fewer than 250 employees. Additionally, based on Commission data in the
2022 Universal Service Monitoring Report, as of December 31, 2021,
there were 90 providers that reported they were engaged in the
provision of other toll services. Of these providers, the Commission
estimates that 87 providers have 1,500 or fewer employees.
Consequently, using the SBA's small business size standard, most of
these providers can be considered small entities.
89. All Other Telecommunications. This industry 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. Providers of
internet services (e.g. dial-up ISPs) or Voice over Internet Protocol
(VoIP) services, via client-supplied telecommunications connections are
also included in this industry. The SBA small business size standard
for this industry classifies firms with annual receipts of $40 million
or less as small. U.S. Census Bureau data for 2017 show that there were
1,079 firms in this industry that operated for the entire year. Of
those firms, 1,039 had revenue of less than $25 million. Based on this
data, the Commission estimates that the majority of ``All Other
Telecommunications'' firms can be considered small.
90. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment. The SBA small business size standard for this
industry classifies businesses having 1,250 employees or less as small.
U.S. Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire year. Of this number, 624 firms
had fewer than 250 employees. Thus, under the SBA size standard, the
majority of firms in this industry can be considered small.
91. Semiconductor and Related Device Manufacturing. This industry
comprises establishments primarily engaged in manufacturing
semiconductors and related solid state devices. Examples of products
made by these establishments are integrated circuits, memory chips,
microprocessors, diodes, transistors, solar cells and other
optoelectronic devices. The SBA small business size standard for this
industry classifies entities having 1,250 or fewer employees as small.
U.S. Census Bureau data for 2017 show that there were 729 firms in this
industry that operated for the entire year. Of this total, 673 firms
operated with fewer than 250 employees. Thus under the SBA size
standard, the majority of firms in this industry can be considered
small.
92. Software Publishers. This industry comprises establishments
primarily engaged in computer software publishing or publishing and
reproduction. Establishments in this industry carry out operations
necessary for producing and distributing computer software, such as
designing, providing documentation, assisting in installation, and
providing support services to software purchasers. These establishments
may design, develop, and publish, or publish only. The SBA small
business size standard for this industry classifies businesses having
annual receipts of $47 million or less as small. U.S. Census Bureau
data for 2017 indicate that 7,842 firms in this industry operated for
the entire year. Of this number 7,226 firms had revenue of less than
$25 million. Based on this data, we conclude that a majority of firms
in this industry are small.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
93. The Third Report and Order adopts rules that require small and
other wireless providers to implement georouting solutions for wireless
988 calls. Specifically, the Third Report and Order requires providers
to have the capability to provide georouting data with 988 calls to the
Lifeline Administrator in a format that is compatible with the
Lifeline's routing platform. Additionally, small and other providers
must provide georouting data, when available, with 988 calls sufficient
to allow routing of the 988 call by the Lifeline Administrator to the
appropriate crisis center based on the geographic area where the
handset is located at the time the 988 call is initiated. The Third
Report and Order also adopts a definition of georouting data that
requires wireless providers to aggregate location data generated from
cell-based location technology to a level that will not identify the
location of the cell site or base station receiving the 988 call or
otherwise identify the precise location of the handset.
94. In the SFNPRM, the Commission sought comment on the costs and
benefits of deploying georouting solutions to help the Commission
evaluate the impact of relevant proposals on small entities. We
recognize that small providers may face operational limitations and
costs when implementing georouting solutions for wireless 988 calls.
However, the record reflects that nationwide CMRS providers have
already developed and implemented or are in the process of implementing
georouting solutions for wireless 988 calls, which can minimize cost
implications for small entities by serving as models for georouting
solutions. The Third Report and Order adopts rules that allow wireless
providers flexibility to leverage these georouting solutions, and we
expect that our approach will reduce compliance costs for wireless
providers, including small entities. Moreover, we estimate that the
public safety benefits resulting from the requirements adopted in the
Third Report and Order far exceed implementation costs.
[[Page 88904]]
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
95. The RFA requires an agency to provide, ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities . . . including a statement of the factual, policy,
and legal reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
96. The Third Report and Order adopts rules that are designed to
give flexibility where appropriate to ensure that wireless providers,
including small providers, can determine the best approach for
compliance based on the needs of their networks. The Third Report and
Order considers comments advocating for allowing the deployment of
georouting solutions for wireless 988 calls on a purely voluntary
basis. We conclude, however, that purely voluntary implementation
undermines our goal of ensuring that the clear public interest benefits
of georouting are realized nationwide in a timely manner. The Third
Report and Order also declines to exempt non-nationwide CMRS providers
as requested by RWA, but instead adopts flexible requirements that
allow small and other wireless providers to leverage the georouting
solutions that have been developed by nationwide providers in
collaboration with SAMHSA and the Lifeline Administrator to implement
technically feasible solutions that are compatible with the Lifeline's
routing platform.
97. With respect to ``georouting data,'' the Third Report and Order
adopts a definition that balances the need to maintain callers' privacy
by not requiring wireless providers to transmit more precise
geolocation data with wireless 988 calls, while still ensuring that the
988 Lifeline has sufficient aggregated location data to route wireless
988 calls to geographically appropriate crisis centers. We decline to
require wireless providers to use a specific method for aggregating
cell-based location data or to mandate one particular geographic
boundary for georouting solutions, minimizing potential burdens by
allowing small and other wireless providers flexibility to employ
technically feasible options that are best suited for their networks to
meet this requirement.
98. The Third Report and Order further minimizes the potential
burdens of wireless providers, including small providers, by excluding
988 calls transmitted using roaming capabilities from application of
the georouting requirements to account for technical limitations
identified in the record. The Third Report and Order declines, however,
to limit the application of georouting rules to voice calls carried
end-to-end on IP networks, as requested by some commenters. Instead, we
adopt requirements that minimize potential burdens by giving wireless
providers the flexibility to work with the Lifeline Administrator on a
case-by-case basis to address any individualized network considerations
and by providing non-nationwide providers with an ample compliance time
frame to develop technical solutions.
99. The Third Report and Order considers alternative georouting
solutions that bypass the 988 Lifeline's centralized routing system but
concludes that the benefits of centralized routing far outweigh the
costs of localized routing. Specifically, we find that maintaining the
988 Lifeline's centralized routing process will help preserve the
Lifeline Administrator's critical role in routing 988 calls to crisis
centers, simplify the administration of the Lifeline, and allow for
faster implementation of georouting solutions.
100. With respect to compliance timelines, the Third Report and
Order adopts an implementation time frame for nationwide CMRS providers
that aligns with the timelines identified for deploying the georouting
solutions developed in coordination with SAMHSA and the Lifeline
Administrator. To further reduce the burden on small entities and
address technical and resource challenges, we grant a longer compliance
timeline to non-nationwide CMRS providers. Specifically, we establish
an implementation time frame following the effective date of the
georouting rule of 30 days for nationwide CMRS providers and 24 months
for all non-nationwide CMRS providers.
101. Further, the Third Report and Order gives wireless providers
flexibility to implement georouting solutions that may require broader
routing requirements by revising existing 988 voice and texting rules
to permit routing to the national suicide prevention and mental health
crisis hotline system without need for translation to the toll free
access number. Finally, we decline the National Emergency Number
Association's (NENA) request to establish an expiration date for the
georouting requirements set forth in the Third Report and Order, but
may consider technological developments in the future.
Report to Congress
102. The Commission will send a copy of the Third Report and 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 Third Report and Order, including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A copy of the Third Report and Order
and FRFA (or summaries thereof) will also be published in the Federal
Register.
Ordering Clauses
103. Accordingly, it is ordered that, pursuant to the authority
found in Sec. Sec. 1, 2, 4, 201, 218, 251(e), 301, 303, 307, 309(a),
316, 332 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
152, 154, 154, 201, 218, 251(e), 301, 303, 307, 309(a), 316, and 332,
this Report and Order is adopted and will become effective 30 days
after publication in the Federal Register.
104. It is further ordered that part 52 of the Commission's rules
is amended as set forth in appendix A, and such rule amendment will
become effective 30 days after publication in the Federal Register.
105. It is further ordered that the Commission's Office of the
Secretary, shall send a copy of this Third Report and Order, including
the Final Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
106. It is further ordered that the Office of the Managing
Director, Performance and Program Management, shall send a copy of this
Third Report and Order in a report to be sent to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
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 in the preamble, the Federal
Communications Commission amends 47 CFR part 52 as follows:
PART 52--NUMBERING
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1. The authority citation for part 52 continues to read as follows:
[[Page 88905]]
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.
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2. Amend Sec. 52.200 by revising paragraph (b) to read as follows:
Sec. 52.200 Designation of 988 for a National Suicide Prevention and
Mental Health Crisis Hotline.
* * * * *
(b) All covered providers shall transmit all calls initiated by an
end user dialing 988 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.
* * * * *
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3. Amend Sec. 52.201 by revising paragraph (a) to read as follows:
Sec. 52.201 Texting to the National Suicide Prevention and Mental
Health Crisis Hotline.
(a) Support for 988 text message service. Beginning July 16, 2022,
all covered text providers must route a covered 988 text message to the
national suicide prevention and mental health crisis hotline system
maintained by the Assistant Secretary for Mental Health and the
Secretary of Veterans Affairs.
* * * * *
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4. Add Sec. 52.202 to read as follows:
Sec. 52.202 Georouting of Wireless Calls to the National Suicide
Prevention and Mental Health Crisis Hotline.
(a) Georouting. All CMRS providers must:
(1) Have the capability to provide georouting data with 988 calls
to the Lifeline Administrator in a format that is compatible with the
Lifeline's routing platform, to allow routing of the 988 call by the
Lifeline Administrator to the appropriate crisis center based on the
geographic area where the handset is located at the time the 988 call
is initiated.
(2) Provide georouting data, when available, with 988 calls to the
Lifeline Administrator sufficient to allow routing of the 988 call by
the Lifeline Administrator to the appropriate crisis center based on
the geographic area where the handset is located at the time the 988
call is initiated.
(b) Scope of section. The requirements of this section are only
applicable to CMRS providers, excluding mobile satellite service (MSS)
operators, to the extent that they:
(1)(i) Offer real-time, two way switched voice service that is
interconnected with the public switched network; and
(ii) Use an in-network switching facility that enables the provider
to reuse frequencies and accomplish seamless hand-offs of subscriber
calls. These requirements are applicable to entities that offer voice
service to consumers by purchasing airtime or capacity at wholesale
rates from CMRS licensees.
(2) The requirements of this section do not apply to 988 calls
transmitted using roaming capabilities.
(c) Compliance. (1) By 30 days after December 12, 2024: Nationwide
CMRS providers shall provide georouting data with wireless 988 calls.
(2) By 24 months after December 12, 2024: All CMRS providers shall
provide georouting data with wireless 988 calls.
(d) Definitions. For purposes of this section:
Commercial mobile radio service (CMRS). A mobile service that is:
(i)(A) Provided for profit, i.e., with the intent of receiving
compensation or monetary gain;
(B) An interconnected service; and
(C) Available to the public, or to such classes of eligible users
as to be effectively available to a substantial portion of the public;
or
(ii) The functional equivalent of such a mobile service described
in paragraph (i)(A) of this definition.
(iii) A variety of factors may be evaluated to make a determination
whether the mobile service in question is the functional equivalent of
a commercial mobile radio service, including: Consumer demand for the
service to determine whether the service is closely substitutable for a
commercial mobile radio service; whether changes in price for the
service under examination, or for the comparable commercial mobile
radio service, would prompt customers to change from one service to the
other; and market research information identifying the targeted market
for the service under review.
(iv) Unlicensed radio frequency devices under part 15 of this
chapter are excluded from this definition of Commercial mobile radio
service.
Georouting data. Location data generated from cell-based location
technology that is aggregated to a level that will not identify the
location of the cell site or base station receiving the 988 call or
otherwise identify the precise location of the handset.
Lifeline Administrator. The Lifeline Administrator controls the 988
call routing platform pursuant to contract with the Substance Abuse
Mental Health Services Administration.
Nationwide CMRS provider. A CMRS provider whose service extends to
a majority of the population and land area of the United States.
Non-nationwide CMRS provider. Any CMRS provider other than a
nationwide CMRS provider.
[FR Doc. 2024-25912 Filed 11-8-24; 8:45 am]
BILLING CODE 6712-01-P