[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Proposed Rules]
[Pages 59379-59383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19744]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 4

[PS Docket No. 21-346; PS Docket No. 15-80; ET Docket No. 04-35; FCC 
22-50; FR ID 103460]


Disruptions to Communications

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In a final rule published elsewhere in this issue of the 
Federal Register (final rule), the Federal Communications Commission 
(FCC or Commission) adopts a new ``Mandatory Disaster Response 
Initiative'' (MDRI). The final rule requires providers to file reports 
with the Commission following the MDRI's activation, including testing 
of their roaming capabilities and reporting on the performance of their 
implementation of the MDRI to the Commission after the events. In the 
Further Notice of Proposed Rulemaking (FNPRM), the Commission seeks 
comment on whether reports submitted under the final rule would benefit 
from standardization, and what that should entail.

DATES: Comments are due on or before October 31, 2022 and reply 
comments are due on or before November 29, 2022.

ADDRESSES: You may submit comments, identified by PS Docket No. 21-346; 
PS Docket No. 15-80; and ET Docket No. 04-35, by any of the following 
methods:
     Federal Communications Commission's Website: https://www.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     Mail: Parties who choose to file by paper must file an 
original and one copy 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 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. Commercial overnight mail 
(other than U.S. Postal Service Express Mail and Priority Mail) must be 
sent to 9050

[[Page 59380]]

Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service 
first-class, Express, and Priority mail must be addressed to 45 L 
Street NE, Washington, DC 20554.
    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), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
     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) 
or 202-418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: Erika Olsen, Acting Division Chief, 
Cybersecurity and Communications Reliability Division, Public Safety 
and Homeland Security Bureau, (202) 418-2868, or via email at 
[email protected], or Logan Bennett, Attorney Advisor, Cybersecurity 
and Communications Reliability Division, Public Safety and Homeland 
Security Bureau, (202) 418-7790, or via email at [email protected].
    For additional information concerning the information collection 
requirements contained in this document, contact Nicole Ongele, Office 
of Managing Director, Performance Evaluation and Records Management, 
202-418-2991, or by email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM), FCC 22-50, adopted June 
27, 2022, and released July 6, 2022. The full text of this document is 
available by downloading the text from the Commission's website at: 
https://docs.fcc.gov/public/attachments/FCC-22-50A1.pdf. When the FCC 
Headquarters reopens to the public, the full text of this document will 
also be available for public inspection and copying during regular 
business hours in the FCC Reference Center, 45 L Street NE, Washington, 
DC 20554. 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).

Initial Paperwork Reduction Act of 1995 Analysis

    The FNRM seeks comment on potential new or revised proposed 
information collection requirements. If the Commission adopts any new 
or revised final information collection requirements when the final 
rules are adopted, the Commission will publish a document in the 
Federal Register inviting further comments from the public on the final 
information collection requirements, as required by the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13 (44 U.S.C. 3501-3520). 
The Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public and the Office of Management and 
Budget (OMB) to comment on the information collection requirements 
contained in this document, as required by the PRA. Public and agency 
comments on the PRA proposed information collection requirements are 
due November 29, 2022. Comments should address: (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; (b) the accuracy of the 
Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; (d) ways to minimize 
the burden of the collection of information on the respondents, 
including the use of automated collection techniques or other forms of 
information technology. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), the Commission seeks specific comment on how it might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.''

Initial Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), we have prepared this present Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities by the policies and rules 
proposed in the FNPRM. Written public comments are requested on this 
IRFA. Comments must be identified as responses to the IRFA and must be 
filed by the deadlines for comments on the proposed rule. We will send 
a copy of the FNPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (SBA). In addition, the 
FNPRM and IRFA (or summaries thereof) will be published in the Federal 
Register.

A. Need for, and Objectives of the Proposed Rules

    2. The FNPRM follows the Commission's adoption of rules codifying 
the Mandatory Disaster Response Initiative (MDRI), including a 
mandatory reporting provision establishing a baseline of actions and 
assurances that facilities-based mobile wireless providers will engage 
in effective coordination and planning to maintain and restore network 
connectivity around disasters.
    3. The FNPRM further explores the reporting provision from the 
final rule, and proposes the development of appropriate content and 
formatting of reports by which the Commission can assess whether the 
MDRI is being used by providers to enhance the reliability, resiliency, 
and continuity of associated disaster-time communications. In the 
FNPRM, the Commission seeks comment on: Whether to direct the Public 
Safety and Homeland Security Bureau, under delegated authority, to 
develop a standardized reporting form for the purposes of a provider's 
compliance with Sec.  4.17(c) of our rules; The content of reports on 
MDRI compliance; The basis pursuant to which facilities-based 
commercial mobile radio service (CMRS) providers would be allowed to 
seek confidential treatment for reports under the Commission's 
confidentiality rule, or if other protections should apply, and; An 
appropriate effective date for any new reporting form(s) that may be 
developed, including whether the compliance date should depend on the 
class of provider (e.g., large versus small providers) subject to the 
requirements.
    4. The FNPRM and matters upon which the Commission seeks comment 
are made against the backdrop of Hurricane Ida, which hit the United 
States as a Category 4 hurricane in August 2021 causing significant 
flooding and damage in several states along the southern and 
northeastern corridors of the United States. Hurricane Ida, as well as 
recent hurricane and wildfire seasons, earthquakes in Puerto Rico, and 
severe winter storms in Texas demonstrate that America's communications 
infrastructure remains susceptible to disruption during disasters. 
These disruptions can prevent the transmission of 911 calls, first 
responder communications, Emergency Alert System (EAS) and Wireless 
Emergency Alert (WEA) messages, and

[[Page 59381]]

other potentially life-saving information. They also can have cascading 
detrimental effects on the economy and other critical infrastructures 
due to interdependencies among sectors, including the transportation, 
medical, and financial sectors, among others. Importantly, these 
disruptions may involve any or all communications networks--including 
wireline, wireless, cable, satellite, or broadcast facilities which 
requires the Commission takes affirmative and swift action to improve 
the reliability and resiliency of our Nation's communications networks 
during emergencies.
    5. The reporting obligation adopted in the final rule at Sec.  
4.17(c) requires facilities-based wireless providers to submit a report 
detailing the timing, duration, and effectiveness of their 
implementation of the MDRI's provisions within 60 days of when the 
Bureau issues a Public Notice announcing such reports must be filed for 
providers operating in a given geographic area in the aftermath of a 
disaster. Initial reports from providers pursuant to Sec.  4.17(c) will 
be due in response to the first triggering event, as described at Sec.  
4.17(a), that occurs on or after a provider's associated compliance 
date.
    6. In the FNPRM the Commission seeks comment on whether it would be 
beneficial to create a standardized form that providers could use for 
future reporting under rule Sec.  4.17(c). To this end, the Commission 
proposes to direct the Public Safety and Homeland Security Bureau, 
under delegated authority, to develop a standardized reporting form. 
The Commission seeks comment on this approach and any associated costs 
and benefits.
    7. The Commission also seeks comment on the contents of such 
standardized reporting forms. AT&T, for example, suggests that relevant 
details may include whether a provider roamed, the other providers it 
roamed with, the time period involved and, if relevant, the time it 
took for a provider to perform a health assessment and activate 
roaming. The Commission seeks comment on all the approaches described 
here, including on the associated costs and benefits.
    8. The Commission seeks comment also on the basis pursuant to which 
facilities-based mobile wireless providers could seek confidential 
treatment for reports under the Commission's confidentiality rules, or 
if such reports should be publicly filed. The Commission seeks comment 
on an appropriate compliance date for providers' use of any new 
standardized reporting form(s) that may be developed, including whether 
the compliance date should depend on the class of provider (e.g., large 
versus small providers) subject to the requirements.

B. Legal Basis

    9. The proposed action is authorized pursuant to sections 1, 4(i), 
4(j), 4(o), 201(b), 214(d), 218, 251(e)(3), 301, 303(b), 303(g), 
303(j), 303(r), 307, 309(a), 309(j), 316, 332, 403, 615a-1, and 615c of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) 
through (j) & (o), 201(b), 214(d), 218, 251(e)(3), 301, 303(b), 303(g), 
303(j), 303(r), 307, 309(a), 309(j), 316, 332, 403, 615a-1, and 615c.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    10. 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.
    11. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. The Commission's actions may, over time, affect small 
entities that are not easily categorized at present. The Commission 
therefore describe here, 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 SBA's 
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 32.5 million businesses.
    12. 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.'' 
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 2020, there were 
approximately 447,689 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.
    13. 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 2017 Census of Governments indicate that there 
were 90,056 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 36,931 General purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,040 special purpose governments--independent school 
districts with enrollment of less than 50,000. Accordingly, based on 
the 2017 U.S. Census of Governments data, we estimate that at least 
48,971 entities fall into the category of ``small governmental 
jurisdictions.''
    14. The final rules apply only to facilities-based mobile wireless 
providers, which include small entities as well as larger entities. The 
Commission has not developed a small business size standard directed 
specifically toward these entities. However in our cost estimate 
discussion below, we estimate costs based on Commission data that there 
are approximately 63 small facilities-based mobile wireless providers. 
As described below, these entities fit into larger industry categories 
that provide these facilities or services for which the SBA has 
developed small business size standards.
    15. 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 2021 Universal 
Service Monitoring Report, as

[[Page 59382]]

of December 31, 2020, there were 797 providers that reported they were 
engaged in the provision of wireless services. Of these providers, the 
Commission estimates that 715 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.
    16. The Commission notes that while facilities-based mobile 
wireless providers fall into this industry description, in assessing 
whether a business concern qualifies as ``small'' under the above SBA 
size standard, business (control) affiliations must be included. 
Another element of the definition of ``small business'' requires that 
an entity not be dominant in its field of operation. An additional 
element of the definition of ``small business'' is that the entity must 
be independently owned and operated. The Commission notes that it is 
difficult at times to assess these criteria and its estimates of small 
businesses to which they apply may be over-inclusive to this extent. 
The Commission is unable at this time to define or quantify the 
criteria that would establish whether a specific facilities-based 
mobile wireless provider impacted by the final rule is dominant in its 
field of operation. Accordingly, the estimate of small businesses to 
which rules may apply for this industry description is therefore 
possibly over-inclusive and thus may overstate the number of small 
entities that might be affected by our action.
    17. 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 a 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.
    18. 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.
    19. 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.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    20. The Commission expects the potential rules addressed in the 
FNPRM will impose new or additional reporting, recordkeeping, and/or 
other compliance obligations on facilities-based CMRS providers, who 
would potentially be required to keep records related to bilateral 
roaming agreements with other providers, submit reports to the 
Commission summarizing the utilization and effectiveness of roaming 
measures during times of disasters, and submit documents detailing the 
regular testing of their roaming capabilities. In the FNPRM the 
Commission raises various matters relating to the reporting requirement 
obligations we should adopt, including whether to implement a 
standardized, streamlined reporting format, what information should be 
included in reports, should the information reported be treated as 
confidential, and when and how often should reports be filed with the 
Commission. The Commission also asks whether any provisions of the 
Framework should be included in reporting requirement obligations for 
facilities-based CMRS providers.
    21. The FNPRM seeks comment on a number of aspects relating to our 
proposals and matters the Commission discusses, including the benefits 
and costs associated with a provider's implementation of them. The 
Commission seeks comment on and has requested cost and benefit 
information from commenters pertaining to our proposals, inquiries and 
conclusions in the FNPRM. The Commission expects the comments received 
in response the FNPRM to include information addressing costs, 
benefits, and other matters of concern which should help the Commission 
further identify and evaluate relevant issues for small entities, 
including compliance costs before adopting final rules.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    22. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include (among others) the 
following four alternatives: (1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for such small entities; (3) the 
use of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.
    23. The Commission has taken specific steps to address some of the 
costs for facilities-based mobile wireless providers subject to the 
potential rules discussed in the FNPRM. The Commission seeks to give 
facilities-based mobile wireless providers maximum flexibility and 
reduce potential costs of compliance, and believe the best approach is 
to solicit input from facilities-based mobile wireless providers on the 
issues raised in the FNPRM. The Commission further believes that 
burdens on small and other providers would be diminished, and the value 
of the information collected increased, if providers were required to 
submit their reports in a standardized and streamlined format.
    24. The Commission has proposed and seeks comment (including any 
associated costs and benefits), on requiring the Public Safety and 
Homeland Security Bureau, under delegated authority, to develop a 
standardized reporting form for the purposes of a provider's compliance 
with Sec.  4.17(c) of our rules.

[[Page 59383]]

    25. The Commission is mindful that small and other providers 
subject to any new rules adopted in this proceeding may incur 
compliance costs. To assist in the Commission's evaluation of the 
economic impact on small entities, the Commission seeks comment on the 
costs and benefits of various proposals and alternatives in the FNPRM. 
Having data on the costs and economic impact of proposals and 
approaches will allow the Commission to better evaluate options and 
alternatives for minimization should there be a significant economic 
impact on small entities as a result of our proposals. We expect to 
more fully consider the economic impact on small entities following our 
review of comments filed in response to the FNPRM, including costs and 
benefits analyses, and this IRFA. The Commission's evaluation of this 
information will shape the final alternatives it considers to minimize 
any significant economic impact that may occur on small entities, the 
final conclusions it reaches and any final rules it promulgates in this 
proceeding.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    26. None

SYNOPSIS

II. Further Notice of Proposed Rulemaking

    27. In the final rule published elsewhere in this issue of the 
Federal Register, the Commission takes steps to improve the reliability 
and resiliency of commercial wireless networks by codifying key 
provisions of the 2016 Wireless Resiliency Cooperative Framework 
(Framework). The Commission mandates key provisions of the Framework 
for all facilities-based wireless providers, expands the conditions 
that trigger its activation, adopts testing and reporting requirements, 
and codifies these modifications in a new ``Mandatory Disaster Response 
Initiative'' (MDRI). In this respect, when activated the MDRI requires 
providers to: provide for reasonable roaming under disaster 
arrangements (RuDs) when technically feasible and when particular 
operational circumstances are met; establish mutual aid arrangements 
with other facilities-based mobile wireless providers for providing aid 
upon request to those providers during emergencies; take reasonable 
measures to enhance municipal preparedness and restoration; take 
reasonable measures to increase consumer readiness and preparation; and 
take reasonable measures to improve public awareness and stakeholder 
communications on service and restoration status. Under the final rule, 
MDRI will be activated when any entity authorized to declare Emergency 
Support Function 2 (ESF-2) activates ESF-2 for a given emergency or 
disaster, the Commission activates the Disaster Information Reporting 
System (DIRS), or the Commission's Chief of Public Safety and Homeland 
Security issues a Public Notice activating the MDRI in response to a 
state request to do so, where the state has also either activated its 
Emergency Operations Center, activated mutual aid or proclaimed a local 
state of emergency.
    28. The reporting obligation adopted in the final rule at Sec.  
4.17(c) of requires facilities-based mobile wireless providers to 
submit a report detailing the timing, duration and effectiveness of 
their implementation of the MDRI's provisions within 60 days of when 
the Public Safety and Homeland Security Bureau (Bureau) issues a Public 
Notice announcing such reports must be filed for providers operating in 
a given geographic area in the aftermath of a disaster. Initial reports 
from providers pursuant to Sec.  4.17(c) will be due in response to the 
first triggering event, as described at Sec.  4.17(a), that occurs on 
or after a provider's associated compliance date.
    29. In the FNPRM the Commission seeks comment on whether it would 
be beneficial to create a standardized form that providers could use 
for future reporting under rule Sec.  4.17(c). To this end, the 
Commission proposes to direct the Public Safety and Homeland Security 
Bureau, under delegated authority, to develop a standardized reporting 
form. The Commission seeks comment on this approach and any associated 
costs and benefits.
    30. The Commission also seeks comment on the contents of such 
standardized reporting forms. AT&T, for example, suggests that relevant 
details may include whether a provider roamed, the other providers it 
roamed with, the time period involved and, if relevant, the time it 
took for a provider to perform a health assessment and activate 
roaming. The Commission seeks comment on all the approaches described 
here, including on the associated costs and benefits.
    31. The Commission seeks comment also on the basis pursuant to 
which facilities-based mobile wireless providers could seek 
confidential treatment for reports under the Commission's 
confidentiality rules, or if such reports should be publicly filed. The 
Commission seeks comment on an appropriate compliance date for 
providers' use of any new standardized reporting form(s) that may be 
developed, including whether the compliance date should depend on the 
class of provider (e.g., large versus small providers) subject to the 
requirements.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-19744 Filed 9-29-22; 8:45 am]
BILLING CODE 6712-01-P