[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Rules and Regulations]
[Pages 44978-44979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15702]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 12

[EB Docket No. 06-119; WC Docket No. 06-63; FCC 07-139]


Recommendations of the Independent Panel Reviewing the Impact of 
Hurricane Katrina on Communications Networks

AGENCY: Federal Communications Commission.

ACTION: Final rule; delay of effective date.

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SUMMARY: In the Order, the Federal Communications Commission 
(Commission) extends the effective date of the recently adopted section 
12.2 of the Commission's rules to October 9, 2007.

DATES: The effective date of the recently adopted rule 47 CFR 12.2, 
published at 72 FR 37655, August 10, 2007 is delayed until October, 9, 
2007.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Room TW-A325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Jean Ann Collins, Deputy Chief, 
Communications Systems Analysis Division, Public Safety and Homeland 
Security Bureau, Federal Communications Commission at (202) 418-2792.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in EB Docket No. 06-119 and WC Docket No. 06-63, FCC 07-139, adopted 
and released on August 2, 2007. The complete text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Portals II, 445 12th Street, SW., 
Room CY-A257, Washington, DC 20554. This document may also be purchased 
from the Commission's duplicating contractor, Best Copy and Printing, 
Inc., in person at 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, via telephone at (202) 488-5300, via facsimile at (202) 488-
5563, or via e-mail at [email protected]. Alternative formats (computer 
diskette, large print, audio cassette, and Braille) are available to 
persons with disabilities by sending an e-mail to [email protected] or 
calling the Consumer and Governmental Affairs Bureau at (202) 418-0530, 
TTY (202) 418-0432. This document is also available on the Commission's 
Web site at http://www.fcc.gov.

Synopsis of the Order

    1. In the Order, we extend the effective date of the recently 
adopted section 12.2 of the Commission's rules to October 9, 2007. This 
rule requires local exchange carriers (LECs), including incumbent LECS 
and competitive LECs, and commercial mobile radio service (CMRS) 
providers to have ``an emergency backup power source for all assets 
that are normally powered from local AC commercial power, including 
those inside central offices, cell sites, remote switches and digital 
loop carrier system remote terminals.'' The rule further states that 
``LECs and CMRS providers should maintain emergency back-up power for a 
minimum of 24 hours for assets inside central offices and eight hours 
for cell sites, remote switches and digital loop carrier system remote 
terminals that are normally powered from local AC commercial power.'' 
LECs that meet the definition of a Class B company as set forth in 
section 32.11(b)(2) of the Commission's rules and non-nationwide CMRS 
providers with no more than 500,000 subscribers are exempt from this 
rule. Absent an extension, this rule would become effective on August 
10, 2007, which is 30 days after publication of the Katrina Panel Order 
in the Federal Register.
    2. On July 31, 2007, CTIA--the Wireless Association[reg] (CTIA) 
filed a ``Motion for Administrative Stay'' of section 12.2 of the 
Commission's rules. In particular, CTIA requests an administrative 
stay, pending further review, of the requirement that CMRS providers 
have an emergency back-up power source for all assets that are normally 
powered by local AC commercial power, including a minimum of eight 
hours of back-up power for cell sites, by August 10, 2007.
    3. On the Commission's own motion, the Commission hereby delays the 
effective date of the back-up power rule adopted in the Katrina Panel 
Order for a period of 60 days from the original effective date of the 
rule (i.e., the new effective date will be October 9, 2007). This will 
provide the Commission with additional time to consider the issues 
raised by CTIA in its Motion for Administrative Stay and to hear from 
other concerned parties on those issues.
    4. Accordingly, it is ordered, pursuant to sections 4(i) and (j) of 
the Communications Act of 1934, as amended, 47 CFR 154(i) and (j), and 
sections 1.108 and 1.427 of the Commission's rules, 47 CFR 1.108 and 
1.427, that the effective date of section 12.2 of the Commission's 
rules, 47 CFR 12.2, is delayed for a period of 60 days.

[[Page 44979]]

The new effective date of this rule will be October 9, 2007.
    5. It is further ordered that the effective date of the Order is 
the date upon which the Order is released by the Commission.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E7-15702 Filed 8-9-07; 8:45 am]
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