[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Rules and Regulations]
[Pages 78018-78022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25879]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 9
[PS Docket No. 18-261 and 17-239, GN Docket No. 11-117; FCC 19-76; FRS
17201]
Implementing Kari's Law and RAY BAUM'S Act; Inquiry Concerning
911 Access, Routing, and Location in Enterprise Communications Systems;
Amending the Definition of Interconnected VoIP Service
AGENCY: Federal Communications Commission.
[[Page 78019]]
ACTION: Final rule; announcement of compliance date.
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SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved information collections
associated with certain rules adopted in Implementing Kari's Law and
RAY BAUM'S Act; Inquiry Concerning 911 Access, Routing, and Location in
Enterprise Communications Systems; Amending the Definition of
Interconnected VoIP Service. The Commission also announces that
compliance with the rules is now required. The Commission also removes
and amends paragraphs advising that compliance was not required until
OMB approval was obtained. This document is consistent with the 2019
Report and Order and rules, which state the Commission will publish a
document in the Federal Register announcing a compliance date for the
rule sections and revise the rules accordingly.
DATES: Effective date: This rule is effective December 3, 2020.
Compliance dates: Compliance with 47 CFR 9.8(a) and 47 CFR
9.16(b)(3)(i) published at 84 FR 66716 on December 5, 2019, is required
as of January 6, 2021. Compliance with 47 CFR 9.10(q)(10)(v), 47 CFR
9.16(b)(3)(ii) and (iii), published at 84 FR 66716 on December 5, 2019,
is required as of January 6, 2022. Compliance with 47 CFR
9.11(b)(2)(ii) and (iv), (b)(4), and (b)(5)(ii) and (iii), published at
84 FR 66716 on December 5, 2019, is required as of January 6, 2021 for
fixed services and January 6, 2022 for non-fixed services.
FOR FURTHER INFORMATION CONTACT: John A. Evanoff, Deputy Chief, Policy
and Licensing Division, Public Safety and Homeland Security Bureau, at
(202) 418-0848, or email: john.[email protected].
SUPPLEMENTARY INFORMATION:
This document announces that OMB approved the three information
collection requirements in Sec. Sec. 9.8(a); 9.10(q)(10)(v);
9.11(b)(2)(ii); 9.11(b)(2)(iv); 9.11(b)(4); 9.11(b)(5)(ii); (iii); and
9.16(b)(3)(i), (ii), and (iii).
The Commission publishes this document as an announcement of the
compliance date of the rules. If you have any comments on the burden
estimates listed below, or how the Commission can improve the
collections and reduce any burdens caused thereby, please contact
Nicole Ongele, Federal Communications Commission, 45 L Street, NE,
Washington, DC 20554, regarding OMB Control Numbers 3060-1204, 3060-
1085, or 3060-1280). Please include the relevant OMB Control Number in
your correspondence. The Commission will also accept your comments via
the internet if you send them to [email protected].
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 and Governmental
Affairs Bureau at (202) 418-0530 (voice).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
(1) September 17, 2020, for the text-to-911 information collection
requirements contained in the Commission's rules at 47 CFR
9.10(q)(10)(v); (2) November 4, 2020, for the interconnected VoIP
information collection requirements contained in the Commission's rules
at 47 CFR 9.11(b)(2)(ii) and (iv), (b)(4), and (b)(5)(ii) and (iii);
and (3) on November 10, 2020, for the fixed telephony and multi-line
telephone system collection requirements contained in the Commission's
rules at 47 CFR 9.8(a); and 9.16(b)(3)(i), (ii), and (iii).
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Pub. L. 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-1204.
OMB Approval Date: September 17, 2020.
OMB Expiration Date: September 30, 2023.
Title: Deployment of Text-to-911.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; State, Local or
Tribal Government.
Number of Respondents and Responses: 3,882 respondents; 52,963
responses.
Estimated Time per Response: 1-8 hours.
Frequency of Response: One-time; annual reporting requirements, and
third-party disclosure requirements.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for these collections is contained in 47 U.S.C.
151, 152, 154(i), 154(j), 154(o), 251(e), 303(b), 303(g), 303(r), 316,
and 403.
Total Annual Burden: 76,766 hours.
Total Annual Cost: No Cost.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: This notice pertains to multiple information
collections relating to the Commission's text-to-911 regulations. As
described below, OMB previously approved the information collections
associated with deployment of text-to-911. This notice announces that
OMB has approved modifications of the text-to-911 information
collections pursuant to the Kari's Law and RAY BAUM'S Act Report and
Order. In addition, OMB has approved modification of the PSAP Text-to-
911 Registration Form so that PSAPs can use the form to request RTT
service pursuant to the RTT Report and Order.
Deployment of Text-to-911. In 2014, the Commission adopted
Facilitating the Deployment of Text-to-911 and Other Next-Generation
911 Applications, Framework for Next Generation 911 Deployment, Second
Report and Order and Third Further Notice of Proposed Rulemaking, FCC
14-118, released on August 13, 2014, in PS Docket Nos. 11-153 and 10-
255 (Text-to-911 Report and Order). The Text-to-911 Report and Order
was published at 79 FR 55367 (September 16, 2014). In that Order, the
Commission adopted final rules--containing information collection
requirements--to enable the Commission to implement text-to-911
service. The text-to-911 rules provide enhanced access to emergency
services for people with disabilities and fulfill a crucial role as an
alternative means of emergency communication for the general public in
situations where sending a text message to 911 as opposed to placing a
voice call could be vital to the caller's safety. The Text-to-911
Report and Order adopted rules to commence the implementation of text-
to-911 service with an initial deadline of December 31, 2014 for all
covered text providers to be capable of supporting text-to-911 service.
The Text-to-911 Report and Order also provided that covered text
providers would then have a six-month implementation period. They must
begin routing all 911 text messages to a PSAP by June 30, 2015 or
within six months of a valid PSAP request for text-to-911 service,
whichever is later.
[[Page 78020]]
To implement these requirements, the Commission seeks to collect
information primarily for a database in which PSAPs voluntarily
register that they are technically ready to receive text messages to
911. As PSAPs become text-ready, they may either register in the PSAP
database or provide other written notification reasonably acceptable to
a covered text messaging provider. Either measure taken by the PSAP
constitutes sufficient notification pursuant to the rules in the Text-
to-911 Report and Order. PSAPs and covered text providers may also
agree to an alternative implementation timeframe (other than six
months). Covered text providers must notify the FCC of the dates and
terms of any such alternate timeframe within 30 days of the parties'
agreement. Additionally, the rules adopted by the Text-to-911 Report
and Order include other information collections for third party
notifications necessary for the implementation of text-to-911,
including notifications to consumers, covered text providers, and the
Commission. These notifications are essential to ensure that all
affected parties are aware of the limitations, capabilities, and status
of text-to-911 services. These information collections enable the
Commission to meet the objectives for implementation of text-to-911
service and for compliance by covered text providers with the six-month
implementation period in furtherance of the Commission's core mission
to ensure the public's safety.
Real-Time Text. In the RTT Report and Order, the Commission amended
its rules to facilitate a transition from text telephone (TTY)
technology to RTT as a reliable and interoperable universal text
solution over wireless internet Protocol (IP) enabled networks for
people who are deaf, hard of hearing, deaf-blind, or have a speech
disability. Section 9.10(c) of the rules requires Commercial Mobile
Radio Service (CMRS) providers to be ``capable of transmitting 911
calls from individuals with speech or hearing disabilities through
means other than mobile radio handsets, e.g., through the use of [TTY
devices].'' Section 9.10(c) also states that ``CMRS providers that
provide voice communications over IP facilities are not required to
support 911 access via TTYs if they provide 911 access via [RTT]
communications, in accordance with 47 CFR part 67, except that RTT
support is not required to the extent that it is not achievable for a
particular manufacturer to support RTT on the provider's network.'' The
RTT Report and Order provides that once a PSAP is so capable, the
requested service provider must begin delivering RTT communications in
an RTT format within six months after a valid request is made, to the
extent the provider has selected RTT as its accessible text
communication method.
Dispatchable Location. Section 506 of RAY BAUM'S Act requires the
Commission to ``consider adopting rules to ensure that the dispatchable
location is conveyed with a 9-1-1 call, regardless of the technological
platform used.'' Section 506, Pub. L. 115-127, 132 Stat. 326. In the
Kari's Law and RAY BAUM'S Act Report and Order, the Commission
implemented Section 506 of RAY BAUM'S Act by adopting dispatchable
location rules for mobile text and other 911-capable services. For
mobile text services, the Commission adopted 47 CFR 9.10(q)(10)(v),
which provides that no later than January 6, 2022, covered text
providers must provide the following location information with all 911
text messages routed to a PSAP:
Automated dispatchable location, if technically feasible; otherwise
either end-user manual provision of location information, or enhanced
location information, which may be coordinate-based, consisting of the
best available location that can be obtained from any available
technology or combination of technologies at reasonable cost.
OMB Control Number: 3060-1085.
OMB Approval Date: November 4, 2020.
OMB Expiration Date: November 30, 2023.
Title: Section 9.11, Interconnected Voice Over internet Protocol
(VoIP) E911 Compliance; Section 9.12, Implementation of the NET 911
Improvement Act of 2008: Location Information from Owners and
Controllers of 911 and E911 Capabilities.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Individuals or Households; Business or other for-
profit entities; Not-for-profit institutions; State, Local or Tribal
government.
Number of Respondents and Responses: 72 respondents; 16,200,496
responses.
Estimated Time per Response: 0.09 hours (five minutes).
Frequency of Response: One-time, on occasion, third party
disclosure requirement, and recordkeeping requirement.
Obligation to Respond: Statutory authority for this information
collection is contained in 47 U.S.C. 151, 151-154, 152(a), 155(c), 157,
160, 201, 202, 208, 210, 214, 218, 219, 222, 225, 251(e), 255, 301,
302, 303, 307, 308, 309, 310, 316, 319, 332, 403, 405, 605, 610, 615,
615 note, 615a, 615b, 615c, 615a-1, 616, 620, 621, 623, 623 note, 721,
and 1471.
Total Annual Burden: 1,481,249 hours.
Total Annual Cost: $238,890,000.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment: No impact(s).
Needs and Uses: This notice pertains to multiple information
collections relating to the Commission's 911 regulations for
interconnected VoIP. First, the FCC requested OMB approval to modify
the current information collection in OMB Control No. 3060-1085 to
implement congressional mandates arising from Section 506 of RAY BAUM'S
Act, which requires the Commission to ``consider adopting rules to
ensure that the dispatchable location is conveyed with a 9-1-1 call,
regardless of the technological platform used and including with calls
from multi-line telephone system.''
Second, the Commission obtained OMB approval to merge the existing
information collection in OMB Control No. 3060-1131, Implementation of
the NET 911 Improvement Act of 2008: Location Information from Owners
and Controllers of 911 and E911 Capabilities. The Commission previously
stated that it planned to merge the information collection requirements
contained in that information collection into OMB Control Number 3060-
1085, Section 9.5, Interconnected Voice Over internet Protocol (VoIP)
E911 Compliance, into a single collection. Therefore, upon OMB
approval, the Commission will discontinue the information collection
under OMB Control No. 3060-1131.
Interconnected Voice Over internet Protocol (VoIP) E911 Compliance.
The Commission is obligated by statute to promote ``safety of life and
property'' and to ``encourage and facilitate the prompt deployment
throughout the United States of a seamless, ubiquitous, and reliable
end-to-end infrastructure'' for public safety. Congress has established
911 as the national emergency number to enable all citizens to reach
emergency services directly and efficiently, irrespective of whether a
citizen uses wireline or wireless technology when calling for help by
dialing 911. Efforts by federal, state, and local governments, along
with the significant efforts of wireline and wireless service
providers, have resulted in the nearly ubiquitous deployment of this
life-saving service.
In 2005, the Commission adopted IP-Enabled Services, E911
Requirements
[[Page 78021]]
for IP-Enabled Service Providers, First Report and Order and Notice of
Proposed Rulemaking, FCC 05-116, released on June 3, 2015, in WC Docket
Nos. 04-36 and 05-196 (2005 Report and Order), which set forth rules
requiring providers of VoIP services that interconnect with the
nation's existing public switched telephone network (interconnected
VoIP services) to supply E911 capabilities to their customers.
To ensure E911 functionality for customers of VoIP service
providers, the Commission requires the following information
collections:
A. Location Registration. Requires providers to interconnected VoIP
services to obtain location information from their customers for use in
the routing of 911 calls and the provision of location information to
emergency answering points.
B. Provision of Automatic Location Information (ALI).
Interconnected VoIP service providers will place the location
information for their customers into, or make that information
available through, specialized databases maintained by local exchange
carriers (and, in at least one case, a state government) across the
country.
C. Customer Notification. Requires that all providers of
interconnected VoIP are aware of their interconnected VoIP service's
actual E911 capabilities and that they specifically advise every
subscriber, both new and existing, prominently and in plain language of
the circumstances under which E911 service may not be available through
the interconnected VoIP service or may be in some way limited by
comparison to traditional E911 service.
D. Record of Customer Notification. Requires VoIP providers to
obtain and keep a record of affirmative acknowledgement by every
subscriber, both new and existing, of having received and understood
this advisory.
E. User Notification. In addition, in order to ensure to the extent
possible that the advisory is available to all potential users of an
interconnected VoIP service, interconnected VoIP service providers must
distribute to all subscribers, both new and existing, warning stickers
or other appropriate labels warning subscribers if E911 service may be
limited or not available and instructing the subscriber to place them
on or near the customer premises equipment used in conjunction with the
interconnected VoIP service.
Section 506 of RAY BAUM'S Act. Section 506 of RAY BAUM'S Act
requires the Commission to ``consider adopting rules to ensure that the
dispatchable location is conveyed with a 9-1-1 call, regardless of the
technological platform used.'' Section 506, Pub. L. 115-127, 132 Stat.
326. In the Kari's Law and RAY BAUM'S Act Report and Order, the
Commission implemented Section 506 of RAY BAUM'S Act by adopting
dispatchable location rules for interconnected VoIP and other 911-
capable services. For interconnected VoIP services, the Commission
amended the 911 Registered Location and customer notification
requirements applicable to interconnected VoIP service providers.
Specifically, the Commission in the Kari's Law and RAY BAUM'S Act
Report and Order revised the Registered Location requirements at 47 CFR
9.11 to facilitate the provision of automated dispatchable location for
fixed and non-fixed interconnected VoIP services. For fixed services,
the rule requires provision of automated dispatchable location with
each 911 call. For non-fixed services, the rule requires provision of
automated dispatchable location with 911 calls if technically feasible.
If providing automated dispatchable location is not technically
feasible, non-fixed interconnected VoIP service providers may provide
Registered Location or alternative location information for 911 calls
as defined in the rules, or they may route the caller to a national
emergency call center. For fixed services, compliance with these
location requirements is required by January 6, 2021; for non-fixed
services, compliance is required by January 6, 2022. Regarding customer
notification requirements, the Commission afforded service providers
flexibility to use any conspicuous means to notify end users of
limitations in 911 service.
The requirements adopted in the Kari's Law and RAY BAUM'S Act
Report and Order leverage technology advancements since the 2005 Report
and Order, build upon the existing Registered Location requirements,
and expand options for collecting and supplying end-user location
information with 911 calls. Accordingly, they serve a vital public
safety interest.
NET 911 Act. The New and Emerging Technologies 911 Improvement Act
of 2008 (Pub. L. 110-283, 122 Stat. 2620) (NET 911 Act) explicitly
imposes on each interconnected VoIP provider the obligation to provide
911 and E911 service in accordance with the Commission's existing
requirements. In addition, the NET 911 Act directs the Commission to
issue regulations by no later than October 21, 2008 that ensure that
interconnected VoIP providers have access to any and all capabilities
they need to satisfy that requirement.
In 2008, the Commission adopted Implementation of the NET 911
Improvement Act of 2008, Report and Order, FCC 08-249, released on
October 21, 2008, in WC Docket No. 08-171 (2008 Report and Order),
which implements certain key provisions of the NET 911 Act. The
information collection requirements adopted in the 2008 Report and
Order arise out of the requirement for an owner or controller of a
capability that can be used for 911 or E911 service to make that
capability available to a requesting interconnected VoIP provider under
certain circumstances. In particular, an owner or controller of such
capability must make it available to a requesting interconnected VoIP
provider if that owner or controller either offers that capability to
any commercial mobile radio service (CMRS) provider or if that
capability is necessary to enable the interconnected VoIP provider to
provide 911 or E911 service in compliance with the Commission's rules.
These information collection requirements help to ensure continued
cooperation between interconnected VoIP service providers and Public
Safety Answering Points (PSAPs) in complying with the Commission's E911
requirements.
OMB Control Number: 3060-1280.
OMB Approval Date: November 10, 2020.
OMB Expiration Date: November 30, 2023.
Title: E911 Compliance for Fixed Telephony and Multi-line Telephone
Systems.
Form Number: N/A.
Type of Review: New information collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 1,275,636 respondents;
38,048,948 responses.
Estimated Time per Response: 0.016 hours (one minute).
Frequency of Response: One-time, on occasion, third party
disclosure requirement, and recordkeeping requirement.
Obligation to Respond: Mandatory. Statutory authority for this
information collection is contained in 47 U.S.C. 151-154, 152(a),
155(c), 157, 160, 201, 202, 208, 210, 214, 218, 219, 222, 225, 251(e),
255, 301, 302, 303, 307, 308, 309, 310, 316, 319, 332, 403, 405, 605,
610, 615, 615 note, 615a, 615b, 615c, 615a-1, 616, 620, 621, 623, 623
note, 721, and 1471.
Total Annual Burden: 634,610 hours.
Total Annual Cost: $1,911,540.
Privacy Act Impact Assessment: No impact(s).
[[Page 78022]]
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: The Commission is obligated by statute to promote
``safety of life and property'' and to ``encourage and facilitate the
prompt deployment throughout the United States of a seamless,
ubiquitous, and reliable end-to-end infrastructure'' for public safety.
Congress has established 911 as the national emergency number to enable
all citizens to reach emergency services directly and efficiently,
irrespective of whether a citizen uses wireline or wireless technology
when calling for help by dialing 911. Efforts by federal, state and
local government, along with the significant efforts of wireline and
wireless service providers, have resulted in the nearly ubiquitous
deployment of this life-saving service.
Section 506 of RAY BAUM'S Act requires the Commission to ``consider
adopting rules to ensure that the dispatchable location is conveyed
with a 9-1-1 call, regardless of the technological platform used and
including with calls from multi-line telephone system.'' RAY BAUM'S Act
also states that, ``[i]n conducting the proceeding . . . the Commission
may consider information and conclusions from other Commission
proceedings regarding the accuracy of the dispatchable location for a
9-1-1 call . . . .'' RAY BAUM'S Act defines a ``9-1-1 call'' as a voice
call that is placed, or a message that is sent by other means of
communication, to a Public Safety Answering Point (PSAP) for the
purpose of requesting emergency services.
As part of implementing Section 506 of RAY BAUM'S Act, on August 1,
2019, the Commission adopted a Report and Order (2019 Order), set forth
rules requiring Fixed Telephony providers and MLTS providers to ensure
that dispatchable location is conveyed with 911 calls.
The Commission's 2019 Order adopted 9.8(a) and 9.16(b)(3)(i), (ii),
and (iii) to facilitate the provision of automated dispatchable
location. For Fixed Telephony and in fixed Multi-line Telephone Systems
(MLTS) environments, providers must provide automated dispatchable
location with 911 calls. For on-premises, non-fixed devices associated
with an MLTS, the MLTS operator or manager must provide automated
dispatchable location to the appropriate PSAP when technically
feasible; otherwise they must provide either dispatchable location
based on end-user manual update, or alternative location information.
For off-premises MLTS calls to 911, the MLTS operator or manager must
provide dispatchable location, if technically feasible. Otherwise it
must provide either (1) manually-updated dispatchable location, or (2)
enhanced location information, which may be coordinate-based,
consisting of the best available location that can be obtained from any
available technology or combination of technologies at reasonable cost.
The requirements adopted in the 2019 Order account for variance in the
feasibility of providing dispatchable location for non-fixed MLTS 911
calls, and the means available to provide it. The information
collection requirements associated with these rules will ensure that
Fixed Telephony and MLTS providers have the means to provide 911
callers' locations to PSAPs, thus reducing response times for emergency
services.
List of Subjects in 47 CFR Part 9
Communications common carriers, Communications equipment, Radio.
Federal Communications Commission.
Marlene Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 9 as follows:
PART 9--911 REQUIREMENTS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 47 U.S.C. 151-154, 152(a), 155(c), 157, 160, 201,
202, 208, 210, 214, 218, 219, 222, 225, 251(e), 255, 301, 302, 303,
307, 308, 309, 310, 316, 319, 332, 403, 405, 605, 610, 615, 615
note, 615a, 615b, 615c, 615a-1, 616, 620, 621, 623, 623 note, 721,
and 1471, unless otherwise noted.
Sec. 9.8 [Amended]
0
2. Amend Sec. 9.8 by removing and reserving paragraph (b).
0
3. Amend Sec. 9.10 by revising paragraph (s) to read as follows:
Sec. 9.10 911 Service.
* * * * *
(s) Compliance date(s). Paragraphs (i)(2)(ii)(C) and (D),
(i)(2)(ii)(J)(4), (i)(4)(iv) and (v), (j)(4), and (k) of this section
contain information-collection and recordkeeping requirements.
Compliance with paragraphs (i)(2)(ii)(C) and (D), (i)(2)(ii)(J)(4),
(i)(4)(iv) and (v), (j)(4), and (k) will not be required until after
approval by the Office of Management and Budget. The Commission will
publish a document in the Federal Register announcing compliance dates
with those paragraphs and revising this paragraph (s) accordingly.
Sec. 9.11 [Amended]
0
4. Amend Sec. 9.11 by removing paragraph (c).
Sec. 9.16 [Amended]
0
5. Amend Sec. 9.16 by removing paragraph (c).
[FR Doc. 2020-25879 Filed 12-1-20; 11:15 am]
BILLING CODE 6712-01-P