[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37098-37100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13189]
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FEDERAL COMMUNICATIONS COMMISSION
[PS Docket Nos. 15-80, 13-75, 11-60; DA 20-453; FRS 16750]
911 Reliability
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Federal Communication Commission's (FCC
or Commission) Public Safety and Homeland Security Bureau (Bureau)
seeks comment on the implementation of new data fields for covered 911
service providers that it will add to the Network Outage Reporting
System (NORS) and 911 Reliability Certification System to improve the
Bureau's situational awareness regarding 911 reliability. The effective
date for the implementation of these changes will be announced in a
future Public Notice.
DATES: Submit comments on or before July 20, 2020.
ADDRESSES: You may submit comments, identified by PS Docket Nos. 15-80,
13-75, 11-60; DA 20-453, by any of the following methods:
Federal Communications Commission's website: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. See the
SUPPLEMENTARY INFORMATION section for more instructions.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202- 418-0432. For detailed instructions for submitting
comments see the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For general questions, contact Kenneth
Mallory, Attorney Advisor, Cybersecurity and Communications Reliability
Division, Public Safety and Homeland Security Bureau, at (202) 418-7785
or [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Modifications to
Network Outage Reporting and 911 Reliability Certifications for Covered
911 Service Providers Public Notice, PS Docket Nos. 15-80, 13-75, 11-
60; DA 20-453, released April 27, 2020.
The complete text of the Modifications to Network Outage Reporting
and 911 Reliability Certifications for Covered 911 Service Providers
Public Notice is also available electronically at: https://www.fcc.gov/document/pshsb-seeks-comment-nors-911-reliability-certification-changes.
I. Introduction and Background
The Bureau seeks comment on the implementation of new NORS and 911
Reliability Certification System data fields for covered 911 service
providers. These new fields will improve the Bureau's ability to assess
911 reliability by aiding the Commission in identifying 911 special
facilities (such as public safety answering points (PSAPs)) affected by
service outages, determining whether alternative measures to circuit
diversity are effective in maintaining network reliability, recognizing
year-to-year improvements in 911 reliability, and ensuring compliance
with existing network reliability requirements. The Bureau intends to
make these modifications pursuant to its delegated authority.
Specifically, the Commission has delegated authority to the Bureau to
administer its ``communications disruption reporting requirements,''
and ``revise the filing system and template used for the submission of
such communications disruption reports,'' 47 CFR 0.392(i), 0.191(g).
The Commission has also delegated authority to the Bureau, ``consistent
with the requirements of the Administrative Procedure Act and relevant
portions of the Communications Act,'' to develop ``forms and procedures
as may be required to collect and process [911] certifications, and . .
. periodically update those forms and procedures as necessary'' and
``order appropriate remedial action on a case-by-case basis where 911
reliability certifications indicate such actions are necessary to
protect public safety,'' 79 FR 3123, 3129 (Jan. 17, 2014) (911
Reliability Report and Order). While these systems have distinct and
independent reporting requirements, the Bureau believes that
modifications to NORS will supply more insight into the representations
covered 911 service providers make with respect to 911 reliability
certifications. Specifically, supplementing NORS outage reports with
information available to covered 911 service providers from their most
recent 911 reliability certifications can help to confirm the extent to
which any alternative measures they use to ensure circuit diversity are
effective.
II. Modifications to NORS Reporting Forms
911 Special Facilities Impacted by Outages. Information about which
911 special facilities are affected by outages, and whether 911 special
facilities were notified of outages, facilitates the Bureau's efforts
to better ascertain and analyze the effect of outages required to be
reported under the Commission's part 4 rules, and to enforce those
aspects of the rules requiring covered 911 service providers to submit
notifications to the Bureau regarding outages that potentially affect
911 special facilities. The part 4 rules require that ``all pertinent
information on the outage, including any information that was not
contained in, or that has changed from that provided in, the Initial
report.'' In the Bureau's experience, it has often been required to
follow up with covered 911 service providers to determine whether 911
special facilities were affected and whether the relevant PSAPs were
appropriately notified. We believe a more efficient approach would be
to receive this information in the reports from covered 911 service
providers at the outset. In these regards, the Bureau proposes to
modify the specificity of the information requested of covered 911
service providers on NORS notification, initial and final reports
submission forms. These forms will be revised to include a checkbox
that will enable filers to check ``yes'' or ``no'' to indicate whether
they are a covered 911 service provider. If the filer indicates that it
is a covered 911 service provider, the filer will be prompted to
identify which 911 special facilities are affected by an outage,
whether they were notified and, if so, how they were
[[Page 37099]]
notified. Specifically, fields will be added to NORS submission forms
for covered 911 service providers to type in appropriate 911 special
facility names. As these filers type in a 911 special facility name, a
list of matching names will be displayed for filers to select the
appropriate response. To reduce burdens on covered 911 service
providers and ensure consistency in the information that is reported,
the Bureau will offer filers a list of 911 special facility names
generated from the list of PSAPs that the Commission receives from
covered 911 service providers' submissions to the 911 Reliability
Certification System. If the names of the affected 911 special
facilities are not shown on the list, covered 911 service providers can
enter additional facility names in the field. For each affected 911
special facility, the form will provide a drop-down option (i.e., yes/
no) for filers to indicate whether the PSAP has been notified. A field
will also be added to NORS to enable covered 911 service providers to
specify how they notified the affected PSAP (e.g., by phone, by email).
By providing these fields, the Bureau believes the revised forms will
be a more effective and minimally burdensome way of enforcing the
obligation in the rules to notify PSAPs of outages potentially
affecting 911 special facilities, records of which in light of this
obligation we anticipate that covered 911 service providers already
keep. Service providers that do not serve as covered 911 service
providers for the affected 911 special facilities will not be required
to complete these fields.
Alternative Measures for Circuit Diversity. The Bureau has also had
to follow up with covered 911 service providers about alternative
measures they use for circuit diversity when there has been an outage.
It would improve the Bureau's situational awareness if this information
were available in NORS reports rather than only pursuant to follow up
requests. Collecting this information will improve the Bureau's ability
to evaluate the effectiveness of alternative measures in lieu of
certification to physical circuit diversity. Accordingly, the Bureau
proposes to require NORS filers indicating on NORS final report
submission forms that they are covered 911 service providers to
identify, in a new data field that will be added to NORS final report
submission forms, whether alternative measures to circuit diversity
were in place for affected 911 special facilities. For each affected
911 special facility, there will be a dropdown option in NORS (i.e.,
yes/no/Not Applicable) for filers to indicate whether an alternate
measure was taken for the affected PSAP. If the response is ``yes,''
filers will be prompted to specify the alternate measure taken in a new
free text field. Service providers that do not serve as covered 911
service providers for the affected 911 special facilities will not be
required to complete these fields. The Bureau believes that requiring
covered 911 service providers to disclose whether outages occur on
network segments that use alternative measures for circuit diversity
will impose a minimal burden on covered 911 service providers as they
would need only relate information they already prepare for submission
to the Commission's 911 Reliability Certification System to specific
outages they report in NORS. All service providers, including covered
911 service providers, will still be required to complete the existing
NORS fields that collect information on whether an outage could have
been prevented or mitigated if physical diversity had been implemented
in their network.
The Bureau seeks comment on whether the implementations proposed
are the most effective and efficient ways for the Commission to collect
the information sought from covered 911 service providers in NORS. Are
there any alternative approaches to collecting this information that
would reduce burdens on covered 911 service providers that are required
to file in NORS while achieving the Bureau's objectives of obtaining
accurate and robust data on 911 reliability and ensuring compliance
with the Commission's rules?
III. Modifications to 911 Certification Forms
Applicability of 911 Certifications. The Commission's rules require
covered 911 service providers to certify whether elements of the 911
reliability certifications are not applicable to their networks, 47 CFR
9.19(c)(1)(ii). Some certifications submitted to the Commission are
ambiguous as to the reasons why their filers believe those elements are
not applicable. For example, some covered 911 service providers certify
that certification elements regarding critical 911 circuits are not
applicable to them because they do not operate selective routers.
However, even if these providers do not operate selective routers, the
rules may nonetheless be applicable to these providers if they operate
a functional equivalent of a selective router or offer other
capabilities such as automatic location information or automatic number
information to a PSAP, statewide default answering point, or
appropriate local emergency authority. The Bureau must then seek
information on a case-by-case basis to assess whether covered 911
service providers are complying with the existing rules and to follow
up as appropriate. To ensure that the Bureau can more efficiently
evaluate whether covered 911 service providers are in compliance with
the Commission's 911 reliability certification rules, the Bureau
proposes to make necessary updates to the 911 Reliability Certification
System to reduce ambiguity in certifications. The Bureau will modify
the 911 Reliability Certification System to prompt covered 911 service
providers to explain with greater specificity how the certification
elements apply to their network. Specifically, the Bureau will add
drop-down fields to 911 reliability certifications that will require
covered 911 service providers to indicate whether they provide the
following services: (1) 911, E911 or NG911 call routing through a
selective router or its functional equivalent; (2) automatic location
information or automatic number information database lookup capability
or its functional equivalent; and (3) direct service to a PSAP by one
or more central offices it operates, including administrative lines to
a PSAP, statewide default answering point, or appropriate local
emergency authority. The Bureau believes that this information will
assist in corroborating certifications that certain elements are not
applicable, which will save time and resources of covered 911 service
providers by reducing the number of questions they receive from Bureau
staff about their certifications.
911 Network Upgrades. Additionally, the Bureau recognizes that some
covered 911 service providers continue to make improvements to their
networks that improve the reliability of 911 but are not currently
captured in the 911 Reliability Certification System. Collecting
information about these improvements will help the Bureau's efforts to
assess the extent and scope of providers' initiatives to enhance 911
service nationwide and identify industry practices and standards that
will help inform the Bureau's recommendations to the Commission for
future Commission action consistent with its rules. To allow covered
911 service providers an opportunity to update the Commission as to
their efforts on 911 reliability, the Bureau proposes to revise 911
reliability certifications to include a data field that enables covered
911 service providers to highlight network upgrades completed within
the past year that have resulted
[[Page 37100]]
in improvements to 911 reliability and/or performance. To implement
this change, a new text field will be added to the 911 Reliability
Certification System for filers to provide a summary of major network
upgrades and improvements they completed within the past year. This
data field would be optional and therefore would not impose burdens on
covered 911 service providers who choose not to use the field.
The Bureau seeks comment on whether the implementations proposed
are the most effective and efficient way to validate the certifications
that indicate that one or more elements are inapplicable to their
networks and capture additional information on yearly 911 improvements.
Are there any alternative approaches to collecting this information
that would reduce burdens on covered 911 service providers while
achieving the Bureau's objectives of obtaining accurate and robust data
on 911 reliability and ensuring compliance with the Commission's rules?
IV. Implementation
Following the receipt of comments on these modifications, the
Bureau will release a Public Notice to specify the changes that will be
implemented in the Network Outage Reporting System (NORS) and 911
Reliability Certification System and address issues and alternative
approaches raised by commenters. To the extent necessary, these changes
may be made without prior notice-and-comment under the Administrative
Procedure Act as ``rules of agency organization, procedure, or
practice,'' 5 U.S.C. 553(b)(A). The Bureau will then seek Office of
Management and Budget (OMB) approval of the modifications to the extent
required under the Paperwork Reduction Act. Upon receipt of OMB
approval, and the Bureau's completion of all necessary changes to the
systems, the Bureau will announce that the modifications are effective.
Moreover, the Bureau understands that NORS filers may need the Bureau's
technical assistance to ensure that their existing systems are
compatible with any resulting modifications to the NORS Application
Programming Interface (API). Therefore, the Bureau will work with
system filers prior to the effective date of these new modifications to
ensure that no API issues impede their compliance.
Paperwork Reduction Act. This document contains proposed modified
information collection requirements. The Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and the OMB to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), we seek specific comment on how we might further
reduce the information collection burden for small business concerns
with fewer than 25 employees.
V. Procedural Matters
Interested parties may file comments in response to this Public
Notice on or before the date indicated on the first page of this
document. See Electronic Filing of Documents in Rulemaking Proceedings,
63 FR 24121 (1998). Comments may be filed using the Commission's
Electronic Comment Filing System (ECFS).
[ssquf] Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing.
[ssquf] Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
[ssquf] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW, Washington, DC 20554.
[ssquf] Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020).
[ssquf] During the time the Commission's building is closed to the
general public and until further notice, if more than one docket or
rulemaking number appears in the caption of a proceeding, paper filers
need not submit two additional copies for each additional docket or
rulemaking number; an original and one copy are sufficient.
[ssquf] People with Disabilities: To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (tty).
This proceeding has been designated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. See 47
CFR 1.1200(a), 1.1206. Persons making ex parte presentations must file
a copy of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Federal Communications Commission.
Lisa Fowlkes,
Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2020-13189 Filed 6-18-20; 8:45 am]
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