[Federal Register Volume 76, Number 82 (Thursday, April 28, 2011)]
[Notices]
[Pages 23812-23814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10232]


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FEDERAL COMMUNICATIONS COMMISSION

[PS Docket Nos. 11-60 and 10-92; ET Docket No. 06-119]


Reliability and Continuity of Communications Networks, Including 
Broadband Technologies; Effects on Broadband Communications Networks of 
Damage or Failure of Network Equipment or Severe Overload; Independent 
Panel Reviewing the Impact of Hurricane Katrina on Communications 
Networks

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communications Commission

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(Commission) seeks comment on a broad range of issues regarding the 
reliability and resiliency of our Nation's communications networks. Our 
goal is to establish a vigorous dialog with all interested 
stakeholders, particularly with respect to what action, if any, should 
be taken by the Commission to address these matters. In addition, the 
Commission seeks comment on whether it should terminate the following 
proceedings: Effects on Broadband Communications Networks of Damage or 
Failure of Network Equipment or Severe Overload, and Independent Panel 
Reviewing the Impact of Hurricane Katrina on Communications Networks. 
If these two earlier proceedings were to be terminated, the record 
developed therein would be consolidated into this single new 
proceeding, which will enable the Commission to consider all relevant 
matters in a more comprehensive fashion.

DATES: Comments with respect to the proposed termination of PS Docket 
10-92 and EB Docket 06-119 are due on or before May 31, 2011. Comments 
with respect to all other matters raised in this document are due on or 
before July 7, 2011 and reply comments are due on or before September 
1, 2011.

ADDRESSES: Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated on the first page of 
this document. Comments may be filed using: (1) The Commission's 
Electronic Comment Filing System (ECFS), (2) the Federal Government's 
eRulemaking Portal, or (3) by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th St., SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Lisa M. Fowlkes, Deputy Bureau Chief, 
Public Safety and Homeland Security Bureau at 202-418-7452 or 
[email protected]; or Jeffery Goldthorp, Associate Chief for 
Cybersecurity and Communications Reliability, Public Safety and 
Homeland Security Bureau at 202-418-1096 or [email protected]; 
or Lauren Kravetz, Deputy Chief, Cybersecurity and Communications 
Reliability Division, Public Safety and Homeland Security Bureau at 
202-418-7944 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Inquiry (NOI) in PS Docket Nos. 11-60 and 10-92; and ET Docket No. 
06-119, adopted and released on April 7, 2011. 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 St., SW., Room CY-A257, Washington, DC 20554. This document may 
also be purchased from the Commission's duplicating contractor Best 
Copy and Printing, Inc., Portals II, 445 12th St., SW., Room CY-B402, 
Washington, DC 20554, telephone (800) 378-3160 or (202) 488-5300, 
facsimile (202) 488-5563, or via e-mail at [email protected]. It is also 
available on the Commission's Web site at http://www.fcc.gov. To 
request materials in accessible formats for people with disabilities 
(Braille, large print, electronic files, audio format), send an e-mail 
to [email protected] or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (tty).

Summary of the Notice of Inquiry

    1. Overview. By this NOI, the Federal Communications Commission 
(Commission) seeks comment on a broad range of issues regarding the 
reliability and resiliency of our Nation's communications networks.
    2. In addition, the Commission seeks comment on whether it should 
terminate two of the above-captioned proceedings--PS Docket 10-92 
(Effects on Broadband Communications Networks of Damage or Failure of 
Network Equipment or Severe Overload), and EB Docket 06-119 
(Independent Panel Reviewing the Impact of Hurricane Katrina on 
Communications Networks).
    3. Reliability and Continuity Matters. This NOI initiates a 
comprehensive examination of issues regarding the reliability, 
resiliency and continuity of communications networks, including 
broadband technologies.
    4. Today's increasingly interconnected world is one in which 
communications services, including broadband technologies, play a 
critical role in all segments of our Nation's society and economy.
    5. Businesses rely on communications to conduct financial and other 
transactions, and hospitals and healthcare providers rely on 
communications services to provide medical care. Government agencies, 
at all levels, rely on communications services to ensure the safety of 
the public and to provide other services, while power companies and 
other utilities use communications services for their operations and to 
deploy energy-efficient technologies.
    6. For example, power companies are looking to broadband 
technologies as they begin to deploy Smart Grid. Hospitals and 
healthcare providers can leverage broadband technologies for video 
consultation, remote patient monitoring, and better access to 
electronic healthcare records. Financial institutions use broadband 
technology to clear large volumes of transactions to keep the economy 
running efficiently. Moreover, consumers increasingly are relying on 
broadband platforms in addition to, or in place of, legacy platforms 
for voice communications.
    7. Thus, it is vital that our Nation maintain a communications 
network that offers reliable and resilient service in the face of 
significant equipment or system failure and that is sufficiently 
survivable to provide some continuity of service during major 
emergencies, regardless of whether the network is legacy or broadband-
based.
    8. In addition, as the communications infrastructure migrates from 
legacy connection-based wireline technologies to connectionless 
Internet Protocol (IP)-based broadband technology, the Commission 
believes that it does not have sufficient information to know

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whether critical communications services will be carried over a 
communications network infrastructure that will remain functional 
during significant natural and manmade disasters. At the same time, the 
Commission believes that users of communications services today 
generally do not readily distinguish between legacy and broadband 
technologies, and are thus more likely than ever before to expect the 
same levels of ``carrier grade'' service reliability no matter what 
communications platform they use. As a result, the potential for 
disparities in service reliability is a source of concern for critical 
sectors of our economy, including homeland security, public safety, 
energy, finance and healthcare services, as well as for the government 
and consumers in general.
    9. Against this backdrop, the NOI brings together several lines of 
inquiry derived from initiatives set forth in the Commission's National 
Broadband Plan (NBP). For example, the NBP identified insufficient 
communications backhaul redundancy and inadequacy of backup power as 
key factors that contribute to the congestion or failure of commercial 
wireless data networks, particularly during emergencies such as large-
scale natural and man-made disasters. The NBP also recommended that the 
Commission engage in an exploration of the reliability and resiliency 
standards applied to broadband networks to ascertain what action, if 
any, the Commission should take to bolster the reliability of broadband 
infrastructures.
    10. In the course of exploring these considerations, the NOI looks 
at four major areas of concern. First, it explores the ability of 
communications networks to provide continuity of service during major 
emergencies, such as large-scale natural and man-made disasters. This 
includes a discussion of the use of backup power and improved backhaul 
redundancy solutions. Second, it examines whether we might need 
standards for broadband network reliability and resiliency to ensure 
adequate levels of service to meet public safety and other critical 
infrastructure needs. This includes consideration of protocols and 
equipment reliability, as well as system capacity and maintenance 
issues. Third, the NOI seeks comment on what actions, if any, the 
Commission should take to foster improved performance with respect to 
the continuity and reliability of operations during major emergencies. 
And, fourth, it seeks comment on the sources of legal authority that 
could provide the basis for Commission action, if any.
    11. Termination of Earlier Proceedings. The NOI also seeks comment 
on whether the Commission should terminate the dockets in two earlier 
proceedings--PS Docket 10-92 (Effects on Broadband Communications 
Networks of Damage or Failure of Network Equipment or Severe Overload), 
and EB Docket 06-119 (Independent Panel Reviewing the Impact of 
Hurricane Katrina on Communications Networks). The issues raised in 
these two earlier proceedings are interrelated to and overlap with 
issues raised by this NOI. Thus, to ensure a comprehensive examination 
of all issues related to reliability, resiliency, survivability, and 
continuity of communications networks in this NOI proceeding, the 
Commission believes that termination of the two older proceedings and 
consolidation of all of the relevant issues under this NOI proceeding 
would serve the public interest.
    12. Conclusion. The Commission intends for the record generated by 
this proceeding to provide the opportunity for a thorough discussion of 
the reliability and continuity of the operational capabilities of our 
Nation's communications infrastructure.

Ordering Clauses

    13. Accordingly, it is ordered that, pursuant to sections 1, 4(i), 
4(j), 4(o), 7(b), and 403 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i)-(j) & (o), 157(b) and 403, this NOI is 
adopted.
    14. It is further ordered that comments with respect to the 
proposed termination of PS Docket 10-92 and EB Docket 06-119 are due on 
or before May 31, 2011.

Federal Communications Commission.

Jeffery Goldthorp,
Associate Chief.
[FR Doc. 2011-10232 Filed 4-27-11; 8:45 am]
BILLING CODE 6712-01-P