[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Proposed Rules]
[Pages 20790-20800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06712]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 4

[PSHSB: PS Docket No. 23-5; PS Docket No. 15-80; WC Docket No. 18-336; 
FR ID 133036]


Ensuring the Reliability and Resiliency of the 988 Suicide & 
Crisis Lifeline; Rules Concerning Disruptions to Communications; 
Implementation of the National Suicide Hotline Improvement Act of 2018

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposes rules designed to ensure that the Commission and 
those parties that provide life-saving crisis intervention services to 
people calling the 988 Suicide & Crisis Lifeline (988 Lifeline), which 
includes the Veterans Crisis Lifeline, receive timely and actionable 
information about 988 service outages that potentially affect those 
services' ability to meet the immediate health needs of people in 
suicidal crisis and mental health distress. These proposed rules 
respond to the 988 Lifeline nationwide network outage in December 2022, 
which required the Department of Health and Human Services' Substance 
Abuse and Mental Health Services Administration (SAMHSA) to redirect 
callers to alternatives means to contact the hotline once it was made 
aware of the outage.

DATES: Comments are due on or before May 8, 2023, and reply comments 
are due on or before June 6, 2023. Written comments on the Paperwork 
Reduction Act proposed information collection requirements must be 
submitted by the public and other interested parties on or before June 
6, 2023.

ADDRESSES: You may submit comments, identified by PS Docket No. 23-5; 
PS Docket No. 15-80; and WC Docket No. 18-336, by any of the following 
methods:
     Federal Communications Commission's website: https://www.apps.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 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), 202-418-0432 (tty).

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
document, please contact Tara B. Shostek, Cybersecurity and 
Communications Reliability Division, Public Safety and Homeland 
Security Bureau, (202) 418-8130, or by email to [email protected]. 
For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, send an 
email to [email protected] or 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 Notice 
of Proposed Rulemaking, FCC 23-7, adopted January 26, 2023, and 
released January 27, 2023. 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-23-7A1.pdf.
Initial Paperwork Reduction Act of 1995 Analysis
    This document may contain potential new or revised information 
collection requirements. Therefore, we seek comment on potential new or 
revised collections subject to the Paperwork Reduction Act of 1995. If 
the Commission adopts any new or revised final information collection 
requirements when the final rules are adopted, the Commission will 
publish a notice 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, 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 to comment on the 
information collection requirements contained in this document, as 
required by the PRA. Public and agency comments on the

[[Page 20791]]

PRA proposed information collection requirements are due June 6, 2023. 
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; and (e) 
way to further reduce the information collection burden on small 
business concerns with fewer than 25 employees. 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.

I. Notice of Proposed Rulemaking

A. Reporting 988 Special Facility Outages

    1. The Commission's rules do not currently require notification 
when access to the 988 Lifeline is compromised or the 988 Lifeline 
system experiences an outage. To improve the resiliency of the 988 
Lifeline system and ensure the Commission, the Department of Health and 
Human Services' Substance Abuse and Mental Health Services 
Administration (SAMHSA), the Veteran's Administration (VA), and the 988 
Lifeline administrator have timely outage information so they can 
provide the public with alternative ways to access the 988 Lifeline, 
the document proposes to require providers that provide the 988 
Lifeline with capabilities such as the ability to receive, process, or 
forward calls to report outages that potentially affect the 988 
Lifeline to the Commission's Network Outage Reporting System (NORS). 
The Commission seeks comment on this proposal.
    2. The Commission believes, as in the 911 context, that improving 
situational awareness of significant network outage issues affecting 
988 Lifeline services would provide the Commission (as well as other 
Federal, state, Tribal, and territorial agencies with public safety 
responsibilities) with critical insight into the availability and 
reliability of a vital public health service. In the short term, the 
Commission expects that these reporting requirements would improve 
public safety by allowing the Commission and other agencies to assess 
the magnitude of major outages and, in the long term, to identify 
network reliability trends and determine whether the outages likely 
could have been prevented or mitigated had the service providers 
followed certain network reliability best practices.
    3. The document seeks comment on how it should define the universe 
of providers that would be subject to this new requirement. The 
document proposes to define ``covered 988 service providers'' as those 
providers that provide the 988 Lifeline with capabilities such as the 
ability to receive, process, or forward calls. Are there additional 
entities that provide services or functionalities in the 988 call 
pathway that should be included in the definition of a covered 988 
service provider?
    4. The document proposes that 988 outage reports be filed with the 
Commission in NORS, consistent with current outage filing processes. In 
this regard, the Commission expect that the use of the NORS database 
will minimize costs to providers of implementation as providers already 
file outage reports in NORS, and we expect that the vast majority of 
outages that potentially affect 988 special facilities are already 
being reported in this system. The Commission also proposes that 
covered 988 service providers be required to notify the Commission in 
this regard when the provider experiences a service outage that results 
in a loss of the ability of the 988 Suicide & Crisis Lifeline to 
receive, process or forward calls for at least 30 minutes and seeks 
comment on this proposal.
    5. In addition to the proposal that covered 988 service providers 
file outage notifications in NORS, the document seeks comment whether 
to require cable, satellite, wireless, wireline, and interconnected 
voice over internet protocol (VoIP) providers (collectively, 
originating service providers) to report outages that potentially 
affect the 988 Lifeline to the Commission's NORS. The Commission's 
existing rules that require the reporting of outages that potentially 
affect 911 include as outages triggering reporting obligations those 
that are associated with more general outages as well as those specific 
to the emergency number. The document seeks comment on whether to adopt 
a similar requirement for 988. If so, what outage threshold should be 
considered, e.g., outages impacting the toll free access number lasting 
at least 30 minutes in duration and potentially affecting at least 
900,000 user minutes? Are there any special characteristics of 988 
calls that would make it more effective or efficient for the Commission 
to adopt alternative outage reporting thresholds that do not resemble 
the reporting requirements for other communications outages. Do the 
differences between 911 call routing and 988 Lifeline call routing 
affect the policy issues around outage reporting by originating service 
providers?
    6. The document seeks comment on whether outages affecting covered 
988 texts should be reported, and if they should be reported what 
thresholds should apply and why? The document asks for specific 
comments addressing the costs associated with requiring reporting of 
outages to covered 988 text messages. A covered 988 text message means 
``a 988 text message in SMS format and any other format that the 
Wireline Competition Bureau has determined must be supported by covered 
text providers.'' 47 CFR 52.201(c)(2). A covered text provider 
``includes all CMRS providers as well as all providers of 
interconnected text messaging services that enable consumers to send 
text messages to and receive text messages from all or substantially 
all text capable U.S. telephone numbers, including through the use of 
applications downloaded or otherwise installed on mobile phones.'' 47 
CFR 52.201(c)(3).
    7. Is there information that is unique to 988 outages that we 
should require to be included in an outage report due to its value in 
understanding the cause or impacts of such an outage? Should the 
required deadlines for the filing of 988 outage reports be different 
from the deadlines for filing other types of outage reports? Should the 
reporting requirements be different for originating service providers 
that deliver calls to the 988 Lifeline in the first instance versus the 
covered 988 service provider that handles the call thereafter?

B. Providing Notice of Outages That Potentially Affect 988 Special 
Facilities

    8. The document proposes to require covered 988 service providers 
to notify 988 special facilities about outages that potentially affect 
a 988 special facility. The document further proposes that this outage 
notification obligation mirror our existing 911 special facility 
notification requirements, as discussed below, and seeks comment on our 
proposal. Are there any differences between 911 and the 988 Lifeline 
that would warrant a different approach to 988 special facility 
notification?
    9. Notification to 988 special facilities. The document proposes to 
designate SAMHSA, the VA, and the 988 Lifeline administrator as 988 
special facilities that will receive notifications

[[Page 20792]]

of outages that potentially affect a 988 special facility and seeks 
comment on this proposal. The Commission seeks comment on its belief 
that timely notice of a 988 Lifeline outage will assist SAMHSA, the VA, 
and the 988 Lifeline administrator to quickly inform the public of 
alternative ways of contacting the Lifeline while one type of 
communication is unavailable, such as texting or using the online chat 
function if calls are not getting through. The Commission does not 
propose to impose any obligations on SAMHSA or the VA.
    10. The document proposes that reliance upon a third-party service 
provider to manage, route, or otherwise contribute to 988 call 
processing would not relieve covered 988 service providers of the 
obligation to provide notification to 988 special facilities under 
these proposed rules. This is consistent with the Commission's current 
treatment of 911 notification obligations. The document seeks comment 
on this approach.
    11. In addition to the proposal to require notification by covered 
988 service providers, the document seeks comment on whether to require 
cable, satellite, wireless, wireline, and interconnected VoIP providers 
to make similar notifications.
    12. Notification to other entities. The document seeks comment on 
whether there are additional entities that should receive notice of an 
outage that potentially affects a 988 special facility. For example, 
should the local crisis centers to which 988 calls are routed be 
considered 988 special facilities that should receive 988 outage 
notifications.
    13. The document seeks comment on whether covered 988 service 
providers should be required to notify originating service providers 
about 988 outages, enabling originating service providers to 
voluntarily notify their customers of the outage and alternative ways 
to obtain crisis assistance. Should originating service providers be 
required to provide notice to covered 988 service providers of 988 
outages? If notice should be required to originating service providers 
and/or public safety answering points (PSAPs), should the content of 
the notice be the same or different than the notice 988 special 
facilities receive? The Commission encourages commenters to address the 
specific costs and benefits of providing notice to these entities.
    14. Content of 988 notification. In the 911 context, the Commission 
determined that PSAPs should receive consistent, timely, and actionable 
notice of 911 service outages that potentially affect them in order to 
empower them to lessen the impacts of outages on the provision of 
emergency services by rerouting calls or communicating alternatives to 
the public. The Commission believe that it is similarly important that 
the information provided during a 988 outage is clear and actionable so 
that 988 special facilities can make swift judgments as to whether to 
inform the public about alternative means to contact mental health and 
suicide prevention services. As required for 911 outages, the document 
proposes that covered 988 service providers must provide the following 
material information in their 988 special facility outage 
notifications:
     An identifier unique to each outage;
     The name, telephone number, and email address at which the 
notifying service provider can be reached for follow-up;
     The name of the service provider(s) experiencing the 
outage;
     The date and time when the incident began (including a 
notation of the relevant time zone);
     The type of communications service(s) affected;
     The geographic area affected by the outage;
     A statement of the notifying service provider's 
expectations for how the outage potentially affects the 988 special 
facility (e.g., dropped calls);
     The expected date and time of restoration, including a 
notation of the relevant time zone;
     The best-known cause of the outage; and
     A statement of whether the message is the notifying 
service provider's initial notification to the 988 special facility, an 
update to an initial notification, or a message intended to be the 
notifying service provider's final assessment of the outage.
    The document seeks comment on this proposal. Are there differences 
between 911 and 988 that would warrant different content requirements 
for notifications? If we were to adopt rules for originating providers 
in addition to covered 988 service providers, should we require the 
same content requirements for notifications?
    15. Means of notification. The document proposes to require covered 
988 service providers to notify 988 special facilities of outages that 
potentially affect them by telephone and in writing by electronic means 
and by alternative means if mutually agreed upon in writing in advance 
by the 988 special facility and the service provider, which is the same 
manner of notification that originating service providers follow when 
notifying 911 special facilities of outages that potentially affect 
them. The Commission seeks comment on its belief that dual notification 
will provide the greatest assurance that a 988 special facility, 
regardless of its size or capability, will receive the outage 
notification.
    16. The document seeks comment on whether there are differences 
between notifications to 911 special facilities and 988 special 
facilities that warrant a different form of notification. In addition 
to the proposal for covered 988 service providers, should the 
Commission apply similar requirements to originating cable, satellite, 
wireless, wireline, interconnected VoIP providers?
    17. Maintain contact information. To better ensure that potentially 
affected 988 special facilities receive actionable notice about 988 
outages, the document proposes to require that covered 988 service 
providers exercise special diligence to maintain accurate, up-to-date 
contact information for 988 special facilities, which includes the name 
and contact information of the person designated by each of these 
entities to receive notification of 988 outages. ``Special diligence'' 
is the diligence expected from a person practicing in a particular 
field of specialty under circumstances like those at issue. The 
Commission has imposed this higher level of care in circumstances where 
a failure to take sufficient care can lead to particularly serious 
public harms. In these circumstances, ``special diligence'' would 
require, for example, actively seeking to confirm the accuracy of 
contact information and not relying on the absence of a response. Once 
providers have a 988 special facility contact list in place, special 
diligence would require them to annually verify the accuracy of their 
contact list to maintain it up-to-date. The document seeks comment on 
this proposal. In considering whether the Commission should also 
designate local crisis centers to be 988 special facilities that are 
required to receive outage notifications, the document seeks comment on 
how providers can obtain contact information for these centers. Does 
SAMHSA or the 988 Lifeline administrator maintain an updated and 
accurate list of contacts at each of the counseling centers, and could 
these contacts also be designated to receive notice of 988 Lifeline 
outages Parties should address the costs that are involved with keeping 
an up to date contact list. The document seeks comment on whether we 
should extend this requirement to originating providers, in addition to 
our proposal for covered 988 service providers.
    18. Timing of initial notification. The document proposes that 
covered 988

[[Page 20793]]

service providers be required to provide 988 outage notifications to 
potentially affected 988 special facilities as soon as possible, but no 
later than within 30 minutes of discovering that they have experienced, 
on any facilities that they own, operate, lease, or otherwise utilize, 
an outage that potentially affects a 988 special facility. The document 
seeks comment on whether this timeframe is appropriate for 988 outage 
notification and whether the reporting timeframe should be shortened or 
extended and if so, why.
    19. Follow-up notification. The document proposes that covered 988 
service providers communicate additional material information, which 
includes, among other information, the date and time when the incident 
began, the types of communications services affected, the geographic 
area affected by the outage, how the outage affects the 988 special 
facility, the expected date and time of restoration, and the best-known 
cause of the outage, to potentially affected 988 special facilities in 
notifications subsequent to the initial notification as soon as 
possible after that information becomes available, but no later than 
two hours after the initial contact. The document proposes that for 
outages lasting longer than two hours, covered 988 service providers 
would be required to continue to follow up with additional material 
information to 988 special facilities, SAMHSA, the VA, and 988 Lifeline 
administrator as soon as possible after discovery of the new material 
information, and continue providing additional material information 
until the outage is completely repaired and service is fully restored. 
The document seeks comment on this proposal. The document also seeks 
comment on whether we should extend this requirement to originating 
providers.
    20. 988 Lifeline Resiliency and Reliability. The Commission's part 
4 rules require covered 911 service providers to annually file 911 
reliability certifications, which the Commission has found are 
necessary to ensure the 911 network remains resilient and robust as the 
use of the 911 network continues to expand. The Commission seeks 
comment on whether covered 988 service providers should similarly be 
required to file 988 reliability certifications to ensure the network 
supporting the 988 Lifeline remains resilient and robust. Are there 
other measures or requirements the Commission could adopt that would 
further improve the resiliency and reliability of the 988 Lifeline?
    21. Legal Authority. As noted above, in 2020, similar to its prior 
action with respect to 911, Congress further amended Section 251 of the 
Communications Act of 1934 to specify 988 as the universal telephone 
number for the National Suicide Prevention Lifeline. The proposed 
reporting and notice rules are intended to ensure the 988 Lifeline 
remains operational in accordance with the policies identified by 
Congress in that 2020 legislation and that any outages are quickly 
identified and reported, with notice provided to parties who would 
notify the public of alternative means to access crisis counselors, all 
of which promotes the safety of life and property. The Commission seeks 
comment on its legal authority to require the 988 outage reporting and 
988 special facility notice requirements proposed herein, including its 
rulemaking authority pursuant to titles II and III of the 
Communications Act and Section 104 of the Twenty-First Century 
Communications and Video Accessibility Act (CVAA), as well as its 
authority under section 4(i) of the Communications Act, as amended, to 
``perform any and all acts, make such rules and regulations, and issue 
such orders, not inconsistent with this chapter, as may be necessary in 
the execution of its functions'' which includes ``the purpose of 
promoting safety of life and property. . . .''.

C. Assessing the Benefits and Costs

    22. The Commission seek comment on the potential benefits and costs 
of the proposals addressed in this document. The 988 Lifeline directly 
benefits people in crisis and saves lives. When the 988 Lifeline is 
interrupted, people's lives are put into jeopardy. In November 2022, 
the 988 Lifeline answered 195,083 calls, which is an average of over 
6,500 answered calls per day. The Commission believes our proposed 
outage reporting requirements would improve public safety by providing 
the Commission and other impacted entities with situational awareness 
of 988 outages, including the magnitude and causes of those outages, 
and allow for the identification of network reliability trends that can 
help identify best practices that could improve network reliability by 
helping to mitigate future outages. The proposed notice and contact 
information retention requirements are intended to ensure that when 988 
calling is disrupted, parties responsible for the varying aspects of 
the 988 call pathway notify 988 special facilities, share critical 
information in a timely and standardized manner, and are motivated to 
hasten the timely restoration of 988 Lifeline services. The description 
below shows how even a very small increase in the speed of restoration 
of access to 988 Lifeline services could provide benefits that outweigh 
the costs of adopting the proposed requirements.
    23. The benefits of reducing suicide via 988 are driven by 
suicides' staggering societal costs. In 2020, there were 45,979 deaths 
by suicide in the United States, which, as noted above, averages out to 
almost one death every 11 minutes. For every suicide death, there were 
4 hospitalizations for suicide attempts, 8 suicide-related emergency 
department visits, and 27 self-reported suicide attempts. In addition 
to lives saved, time saving network outage protocols will also 
alleviate the devastating emotional toll wrought by suicide on victims' 
families, friends, and communities.
    24. Notifying SAMHSA, the VA, and the 988 Lifeline administrator of 
the disruption of access to 988 Lifeline services should allow these 
parties to manage the impact of outages on their operations, quickly 
notify the public of the 988 service outage, and promote alternative 
ways for people to access 988 Lifeline services while 988 Lifeline 
service is out, which may include notifying the public of alternative 
call numbers, or encouraging people to text to 988 or use the https://988lifeline.org/ link to chat with a crisis management counselor. This, 
in turn, should enhance the 988 Lifeline's ability to direct scarce 
resources toward mitigating outages rather than seeking out information 
to whether an outage is occurring, the scope of such an outage or its 
impact. The Commission can turn its attention to administering the 988 
rules and the providers to fulfilling their service obligations. One of 
the benefits of implementing short dialing for calls to the Lifeline 
was to reduce the burdens on 911 and other emergency services arising 
from calls related to mental health and suicide. The Commission 
believes that the proposed rules will further reduce the burden on 911 
and other emergency services by promoting 988 reliability so that 988 
calls go through when callers need 988 service the most. The Commission 
seek comment on the benefits associated with the proposed rules and 
whether these requirements will help to preserve the public's 
continuity of access to the 988 special facilities that support them. 
Are there any other benefits to public health and safety that arise 
from our proposed rules that have not been described?
    25. The document also seeks comment on the burdens associated with 
the proposed rules. To the extent that there are 988 outages that are 
not

[[Page 20794]]

currently reported to the Commission, the Commission expects that those 
would be outages experienced by covered 988 service providers that are 
responsible for receiving, processing, or forwarding 988 calls. The 
Commission expect that these service providers are already submitting 
outage reports to the Commission related to other aspects of their 
operations, so initial compliance costs would be negligible. Assuming 
that one covered 988 service provider experiences a maximum of one 
reportable outage per month, the document estimates an annual 
compliance cost for that one covered 988 service provider of $1,000. As 
a consequence, the Commission expects the actual cost for 
implementation and compliance of the proposed outage reporting rules 
will be extremely low, and seeks comment on this analysis.
    26. With regard to the proposed requirements to maintain updated 
contact information for 988 special facilities and to notify those 
facilities about outages that affect them, the Commission expects that 
the costs of compliance will also be relatively low when compared to 
the benefits to the public. The document estimates a one-time industry-
wide cost of $56,000 to create an email survey to biannually solicit 
988 special facility contact information. The Commission do not expect 
any costs arising from the creation or updating of outage notification 
templates, as the proposed 988 outage notification requirements share 
the same content and timing as the 911 outage notification requirements 
with which service providers already comply. The document estimates 
maximum annually recurring costs of $1,354,000, which consist of 
$1,326,000 for notifying 988 special facilities of outages that 
potentially affect them pursuant to the standards that we propose in 
this document and $28,000 for soliciting appropriate contact 
information for outage notification from 988 special facilities. The 
Commission expects that no costs will be incurred related to 
identifying the 988 special facilities that could potentially be 
affected by an outage, as the document has proposed that the same three 
special facilities (SAMHSA, the VA, and the 988 Lifeline administrator) 
be notified regardless of the geographic area affected by the outage.
    27. The document seeks comment on this analysis. How many outages 
that potentially affect 988 special facilities are estimated to be 
occurring annually that would be subject to the notification 
requirements that we propose in this document, and what is the basis 
for that estimate? In the event that we were to designate local crisis 
centers as 988 special facilities, we seek comment on the costs related 
to the notification of those facilities. Are there steps that can be 
taken to minimize those costs, such as SAMHSA or the 988 Lifeline 
administrator agreeing to regularly share updated lists of designated 
contacts directly with service providers so the local crisis centers do 
not need to be contacted individually? To what extent have service 
providers already implemented a notification framework for 911 or other 
services that would reduce any costs associated with our proposal? The 
document seeks comment on the extent to which service providers have 
set up automated triggers for other forms of notifications, whether 
they may be able to leverage automatic triggers they may already have 
in place for PSAP notifications, and what costs would be involved.
    28. The document seeks comment on additional benefits and costs as 
well as alternative quantifications of benefits and costs from the 
proposed rules. The Commission recognizes that it is difficult to 
quantify the value of continuity of access to 988 service, which 
includes its capacity to save lives and mitigate and prevent injuries. 
However, the Commission believe the considerable public safety value of 
the proposals adopted in this document as described above will exceed 
the limited costs of implementation, and seeks comment on our 
assessment. The Commission encourages commenters to quantify both 
specific costs and benefits that would result from adoption of the 
proposed notice and reporting requirements.

D. Promoting Digital Equity

    29. The Commission, as part of its continuing effort to advance 
digital equity for all, including people of color, persons with 
disabilities, persons who live in rural or Tribal areas, and others who 
are or have been historically underserved, marginalized, or adversely 
affected by persistent poverty or inequality, invites comment on any 
equity-related considerations and benefits (if any) that may be 
associated with the proposals and issues discussed herein. 
Specifically, the document seeks comment on how our proposals may 
promote or inhibit advances in diversity, equity, inclusion, and 
accessibility, as well as the scope of the Commission's relevant legal 
authority.

E. Timelines for Compliance

    30. The document proposes to set a compliance date for these 
proposed rules at the later of (1) 30 days after the Commission issues 
a Public Notice announcing that the Office of Management and Budget 
(OMB) has completed review of any new information collection 
requirements associated with the adopted Report and Order; or (2) 90 
days after the publication of final rules in the Federal Register. The 
Commission believe that the revisions proposed constitute only minor 
changes to existing procedures and it will take a modest amount of time 
for covered 988 service providers to adjust their processes to meet the 
proposed rules because the proposed requirements are closely aligned 
with the notice and reporting requirements for 911 network outages. The 
document seeks comment on this assessment. The document also seeks 
comment on whether allowing additional time for small- and medium-sized 
businesses to comply with the requirements we propose in this document 
would serve the public interest.

Initial Regulatory Flexibility Analysis

    31. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this 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 this document. 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 document. The 
Commission will send a copy of this document, including this IRFA, to 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA). In addition, the document and IRFA (or summaries thereof) will 
be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    32. In this proceeding, the Commission takes steps to improve the 
reliability and resiliency of telecommunications networks nationwide 
and 988 Lifeline network specifically, so that the American public can 
continue to reach the 988 Suicide & Crisis Lifeline (988 Lifeline) 
without undue delay or disruption. The document seeks comment on 988 
Lifeline outage reporting and notification requirements that are 
similar to the Commission's rules for reporting 911 outages that would 
be applicable to originating service providers and proposes outage 
reporting and notification requirements for a new category of ``covered 
988 service providers.'' The new ``covered 988 service providers'' 
category would be

[[Page 20795]]

defined as those providers that provide the 988 Lifeline with 
capabilities such as the ability to receive, process, or forward calls. 
Both the originating service providers and the covered 988 service 
providers would be required to file 988 outage reports with the 
Commission, in the Commission's Network Outage Reporting System (NORS).
    33. The document seeks comment on whether cable, satellite, 
wireless, wireline, and interconnected VoIP providers should be 
required to notify 988 special facilities about outages that affect 
these facilities pursuant to notification obligations that mirror the 
Commission's existing 911 special facility notification requirements. 
The document seeks comment on the appropriate threshold to trigger 
reporting, including whether it should include outages potentially 
affecting at least 900,000 user-minutes and/or the outage lasts 30 
minutes or more, or whether the absence of a call reroute should be a 
factor. For covered 988 service providers, the document proposes to 
require these providers notify the Commission of outages resulting in a 
loss of the ability of the 988 Suicide & Crisis Lifeline to receive, 
process, or forward calls for at least 30 minutes in duration. The 
document also proposes to designate SAMHSA, the VA, and the 988 
Lifeline administrator as the 988 special facilities that must be 
notified of an outage that potentially affects a 988 facility.
    34. Additionally, for covered 988 service providers the document 
proposes that the 988 outage notification to 988 special facilities 
include specific content requirements, the means by which notification 
must be made, the timing to file the initial and follow-up notice, and 
the filing of an annual verification that a provider's information for 
988 special facilities is up to date. Further, in the document we set a 
proposed compliance deadline of the later of 30 days after the 
Commission issues a Public Notice announcing that OMB has completed 
review of any new information collection requirements associated with 
the final rules adopted in a Report and Order; or (2) 90 days after the 
publication of final rules in the Federal Register. We seek comment on 
all of the proposals we make in the document, and on the benefits and 
costs analyses we discuss for the proposals. We also seek comment on 
applying similar provisions to originating service providers as to 
notice parameters and implementation timeframes.
    35. The Commission believes the significant public safety benefits 
which include the capacity to save lives, mitigate, and prevent 
injuries furthers the public interest and outweighs the implementation 
costs for service providers if the proposed rules are adopted. Since 
the 988 outage notification requirements proposed in the document are 
closely aligned with the existing notice and reporting requirements for 
911 network outages, we also believe implementation by cable, 
satellite, wireless, wireline, interconnected VoIP, and covered 988 
service providers will only require minor changes to existing processes 
and procedures.

B. Legal Basis

    36. The proposed action is authorized pursuant Sections 1, 4(i), 
4(j), 4(n), 201(b), 214, 218, 251(e)(3), 251(e)(4), 301, 303(b), 
303(g), 303(r), 307, 309(a), 332, and 403, of the Communications Act of 
1934, as amended, and sections 3(b) and 6 of the Wireless 
Communications and Public Safety Act of 1999, as amended, 47 U.S.C. 
151, 154(i), 154(j) 154(n), 201(b), 214, 218, 251(e)(3), 251(e)(4), 
301, 303(b), 303(g), 303(r), 307, 309(a), 332, 403, 615, 615a-1, the 
National Suicide Hotline Improvement Act of 2018, Public Law 115-233, 
132 Stat. 2424 (2018), and the National Suicide Hotline Designation Act 
of 2020, Public Law 116-271 (2020).

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

    37. 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 proposed rules, if adopted. 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.
    38. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We 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.
    39. 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.'' 
The 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.
    40. 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 there were 
90,075 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 populations 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.''
    41. Cable and Other Subscription Programming. The U.S. Census 
Bureau defines this industry as establishments primarily engaged in 
operating studios and facilities for the broadcasting of programs on a 
subscription or fee basis. The broadcast programming is typically 
narrowcast in nature (e.g., limited format, such as news, sports, 
education, or youth-oriented). These establishments produce programming 
in their own facilities or acquire programming from external sources. 
The programming material is usually delivered to a third party, such as 
cable systems or direct-to-home satellite systems, for transmission to 
viewers. The SBA small business size standard for this industry 
classifies firms with annual receipts less than $41.5 million

[[Page 20796]]

as small. Based on U.S. Census Bureau data for 2017, 378 firms operated 
in this industry during that year. Of that number, 149 firms operated 
with revenue of less than $25 million a year and 44 firms operated with 
revenue of $25 million or more. Based on this data, the Commission 
estimates that a majority of firms in this industry are small.
    42. Cable Companies and Systems (Rate Regulation). The Commission 
has developed its own small business size standard for the purpose of 
cable rate regulation. Under the Commission's rules, a ``small cable 
company'' is one serving 400,000 or fewer subscribers nationwide. Based 
on industry data, there are about 420 cable companies in the U.S. Of 
these, only seven have more than 400,000 subscribers. In addition, 
under the Commission's rules, a ``small system'' is a cable system 
serving 15,000 or fewer subscribers. Based on industry data, there are 
about 4,139 cable systems (headends) in the U.S. Of these, about 639 
have more than 15,000 subscribers. Accordingly, the Commission 
estimates that the majority of cable companies and cable systems are 
small.
    43. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, contains a size standard for a 
``small cable operator,'' which is ``a cable operator that, directly or 
through an affiliate, serves in the aggregate fewer than one percent of 
all subscribers in the United States and is not affiliated with any 
entity or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' For purposes of the Telecom Act Standard, the 
Commission determined that a cable system operator that serves fewer 
than 677,000 subscribers, either directly or through affiliates, will 
meet the definition of a small cable operator based on the cable 
subscriber count established in a 2001 Public Notice. Based on industry 
data, only six cable system operators have more than 677,000 
subscribers. Accordingly, the Commission estimates that the majority of 
cable system operators are small under this size standard. We note 
however, that the Commission neither requests nor collects information 
on whether cable system operators are affiliated with entities whose 
gross annual revenues exceed $250 million. Therefore, we are unable at 
this time to estimate with greater precision the number of cable system 
operators that would qualify as small cable operators under the 
definition in the Communications Act.
    44. Incumbent Local Exchange Carriers. Neither the Commission nor 
the SBA have developed a small business size standard specifically for 
incumbent local exchange carriers. Wired Telecommunications Carriers is 
the closest industry with an SBA small business size standard. The SBA 
small business size standard for Wired Telecommunications Carriers 
classifies firms having 1,500 or fewer employees as small. U.S. Census 
Bureau data for 2017 show that there were 3,054 firms in this industry 
that operated for the entire year. Of this number, 2,964 firms operated 
with fewer than 250 employees. Additionally, based on Commission data 
in the 2021 Universal Service Monitoring Report, as of December 31, 
2020, there were 1,227 providers that reported they were incumbent 
local exchange service providers. Of these providers, the Commission 
estimates that 929 providers have 1,500 or fewer employees. 
Consequently, using the SBA's small business size standard, the 
Commission estimates that the majority of incumbent local exchange 
carriers can be considered small entities.
    45. Local Exchange Carriers. (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. Providers of these services 
include both incumbent and competitive local exchange service 
providers. Wired Telecommunications Carriers is the closest industry 
with an SBA small business size standard. Wired Telecommunications 
Carriers are also referred to as wireline carriers or fixed local 
service providers. The SBA small business size standard for Wired 
Telecommunications Carriers classifies firms having 1,500 or fewer 
employees as small. U.S. Census Bureau data for 2017 show that there 
were 3,054 firms that operated in this industry for the entire year. Of 
this number, 2,964 firms operated with fewer than 250 employees. 
Additionally, based on Commission data in the 2021 Universal Service 
Monitoring Report, as of December 31, 2020, there were 5,183 providers 
that reported they were fixed local exchange service providers. Of 
these providers, the Commission estimates that 4,737 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.
    46. All Other Telecommunications. This industry is comprised of 
establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. Providers of 
internet services (e.g., dial-up ISPs) or voice over internet protocol 
(VoIP) services, via client-supplied telecommunications connections are 
also included in this industry. The SBA small business size standard 
for this industry classifies firms with annual receipts of $35 million 
or less as small. U.S. Census Bureau data for 2017 show that there were 
1,079 firms in this industry that operated for the entire year. Of 
those firms, 1,039 had revenue of less than $25 million. Based on this 
data, the Commission estimates that the majority of ``All Other 
Telecommunications'' firms can be considered small.
    47. Satellite Telecommunications. This industry comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The SBA small business size standard for this 
industry classifies a business with $38.5 million or less in annual 
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms 
in this industry operated for the entire year. Of this number, 242 
firms had revenue of less than $25 million. Additionally, based on 
Commission data in the 2021 Universal Service Monitoring Report, as of 
December 31, 2020, there were 71 providers that reported they were 
engaged in the provision of satellite telecommunications services. Of 
these providers, the Commission estimates that approximately 48 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, a little more than of these providers can 
be considered small entities.
    48. Telecommunications Resellers. The Telecommunications Resellers 
industry comprises establishments engaged in purchasing access and 
network capacity from owners and operators of telecommunications 
networks and reselling wired and wireless telecommunications services 
(except satellite) to businesses and households. Establishments in this 
industry resell telecommunications; they do not operate transmission

[[Page 20797]]

facilities and infrastructure. Mobile virtual network operators (MVNOs) 
are included in this industry. 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 1,386 firms 
operated in this industry for the entire year. Of that number, 1,375 
firms operated with fewer than 250 employees. Additionally, based on 
Commission data in the 2021 Universal Service Monitoring Report, as of 
December 31, 2020, there were 811 providers that reported they were 
engaged in the provision of local or toll resale services. Of these 
providers, the Commission estimates that 784 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.
    49. Wired Telecommunications Carriers. The U.S. Census Bureau 
defines this industry as ``establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired telecommunications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution, and wired broadband internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry. Wired Telecommunications Carriers are also referred to 
as wireline carriers or fixed local service providers.
    50. The SBA small business size standard for Wired 
Telecommunications Carriers classifies firms having 1,500 or fewer 
employees as small. U.S. Census Bureau data for 2017 show that there 
were 3,054 firms that operated in this industry for the entire year. Of 
this number, 2,964 firms operated with fewer than 250 employees. 
Additionally, based on Commission data in the 2021 Universal Service 
Monitoring Report, as of December 31, 2020, there were 5,183 providers 
that reported they were engaged in the provision of fixed local 
services. Of these providers, the Commission estimates that 4,737 
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.
    51. 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 an 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. 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.
    52. 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.
    53. 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 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.
    54. Wireless Telephony. Wireless telephony includes cellular, 
personal communications services, and specialized mobile radio 
telephony carriers. The closest applicable industry with an SBA small 
business size standard is Wireless Telecommunications Carriers (except 
Satellite). The size standard for this industry under SBA rules is that 
a business is small if it has 1,500 or fewer employees. For this 
industry, U.S. Census Bureau data for 2017 show that there were 2,893 
firms that operated for the entire year. Of this number, 2,837 firms 
employed fewer than 250 employees. Additionally, based on Commission 
data in the 2021 Universal Service Monitoring Report, as of December 
31, 2020, there were 407 providers that reported they were engaged in 
the provision of cellular, personal communications services, and 
specialized mobile radio services. Of these providers, the Commission 
estimates that 333 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.
    55. Wireless Carriers and Service Providers. Wireless 
Telecommunications Carriers (except Satellite) is the closest industry 
with a SBA small business size standard applicable to these service 
providers. 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

[[Page 20798]]

in this industry for the entire year. Of this number, 2,837 firms 
employed fewer than 250 employees. Additionally, based on Commission 
data in the 2021 Universal Service Monitoring Report, as 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.

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

    56. The document proposes revisions to outage notification 
requirements that will impose new or additional reporting, 
recordkeeping, notice and other compliance requirements on small 
entities required to report outages affecting 988 Lifeline services. If 
the rules proposed in the document are adopted, covered 988 service 
providers would be required to report to the Commission and provide 
notice to 988 special facilities about outages that potentially affect 
988 special facilities. These service providers would be required to: 
(1) report outages that potentially affect 988 special facilities using 
NORS, and following processes and procedures similar to the 
Commission's existing reporting for outages that potentially affect 
911; (2) submit notifications, initial reports, and final reports to 
the Commission consistent with the timing and content requirements 
proposed in the document, when they experience an outage that 
potentially affects a 988 special facility; (3) provide notice of 988 
outages that potentially affect a 988 special facility to the 
designated 988 special facilities, including SAMHSA, the VA, and the 
988 Lifeline administrator; and (4) make an annual filing verifying 
that they are maintaining up-to-date contact information for 988 
special facilities. The document seeks comment on similar obligations 
for cable, satellite, wireless, wireline, and interconnected VoIP 
providers.
    57. The Commission is not currently in a position to determine 
whether, if adopted, the proposed rules in the document will require 
small entities to hire attorneys, engineers, consultants, or other 
professionals to comply. We note, however, that some originating 
service providers and covered 988 service providers are already subject 
to compliance with outage reporting obligations that would facilitate 
their ability to comply, and may reduce any compliance burdens 
associated with the proposed 988 outage reporting and notification 
requirements, if adopted. For example, some originating service 
providers and covered 988 service providers already must comply with 
the Commission's rules on network outage reporting and 911 outage 
reporting. In addition, many service providers are likely to already 
have documented procedures for notifying affected facilities of outages 
that potentially affect them, and for those that do not, Alliance for 
Telecommunications Industry Solutions (ATIS) Network Reliability 
Steering Committee (NRSC) Task Force documents can serve as a useful 
guide.
    58. As discussed in the document, we anticipate that originating 
service providers are already required to report the vast majority of 
outages (if not virtually all outages) that prevent 988 calls from 
successfully completing to the Commission under our existing outage 
reporting requirements. Therefore we expected small entities who are 
subject to these requirements will only incur incremental costs to 
implement the proposed 988 outage reporting requirements. To the extent 
that there are 988 outages that are not currently reported to the 
Commission, we expect that those would be outages experienced by 
covered 988 service providers that are responsible for receiving, 
processing, or forwarding 988 calls. We expect that these service 
providers are already submitting outage reports to the Commission 
related to other aspects of their operations, and anticipate that these 
providers will likewise only incur incremental costs to comply with the 
proposed 988 requirements.
    59. In the assessment of the potential costs for service providers 
to report 988 outages to the Commission discussed in the document, we 
assume that one covered 988 service provider experiences a maximum of 
one reportable outage per month. We estimate an annual compliance cost 
of $1,920 for a provider that experiences a reportable outage based on 
the estimate that a maximum of two hours total time would be necessary 
for an employee to prepare and submit all of the required reports to 
the Commission--15 minutes to complete each notification, a maximum of 
45 minutes for each initial report, 60 minutes for each final report, 
and a labor cost of $80 per hour for one employee. Based on this 
assessment. We do not expect the actual cost for implementation and 
compliance with the proposed outage reporting rules for small entities 
to be significant, however we have requested comments on our estimates 
and assessment. With regard to the proposed requirements for providers 
to maintain updated contact information for 988 special facilities and 
to notify those facilities about 988 outages that potentially affect 
them, we expect the costs of compliance for providers will also be very 
low and should not be significant for small entities. More 
specifically, we estimate a one-time total cost of $50,000 for all 
providers to create an email survey to biannually solicit 988 special 
facility contact information. We further estimate maximum annually 
recurring costs of $1,283,000, for all providers, consisting of 
$1,258,000 for notifying 988 special facilities of outages pursuant to 
the standards that we propose in this document and $25,000 to maintain 
up to date 988 special facility contact information for outage 
notifications. No costs should be incurred related to identifying the 
988 special facilities that could potentially be affected by an outage 
since we have proposed that the three designated special facilities 
(SAMHSA, the VA, and the 988 Lifeline administrator) be notified 
regardless of the geographic area affected by the outage.
    60. Based on the above discussion, we do not believe that the costs 
associated with any of the proposal rule changes in the document will 
unduly burden small entities. However, we have sought comments from the 
parties in the proceeding and requested cost and benefit information 
which may help the Commission identify and evaluate relevant costs and 
other matters for small entities. We anticipate the proposed rule 
changes will enable 988 special facilities to accelerate the public's 
ability to reach the 988 Lifeline during an outage, thereby reducing 
the probability of lives being lost during such an outage. Moreover, 
the value of this result and the other public safety benefits generated 
by our 988 outage notification and reporting requirement proposals 
outweigh the estimated costs to providers, and therefore is in the 
public.

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

    61. 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 the following four 
alternatives (among others): (1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification,

[[Page 20799]]

consolidation, or simplification of compliance and 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.
    62. In the document, the Commission continues to facilitate the 
reliability of the 988 Lifeline network and meet its public safety 
obligations for oversight of the integrity of the 988 communications 
infrastructure by proposing measures to ensure that 988 special 
facilities can expect consistent and timely outage notifications 
whenever there is an outage that potentially affects 988 Lifeline 
service. While doing so, the Commission is mindful that small entities 
and other covered 988 service providers may incur costs should the 
proposals we make, and the alternatives upon which we seek comment in 
the document, be adopted.
    63. The Commission has taken several steps that could reduce the 
economic impact for small entities. First, the elements for 988 outage 
reporting that we propose largely track the same standards applicable 
to 911 outage reporting. For example, the document proposes to use NORS 
for 988 outage reporting, which is already used for 911 outage 
reporting. The document also seeks comment on using the 911 outage 
duration and user minute thresholds to trigger the 988 outage reporting 
requirements. Therefore, to the extent small entities have or will 
implement the 911 outage reporting requirements already adopted by the 
Commission, compliance with 988 reporting requirements should not 
impose significant additional costs.
    64. We considered whether there are any special characteristics of 
988 calls that would make it more effective or efficient for the 
Commission to adopt alternative outage reporting requirements that do 
not resemble the reporting requirements for 911 or other communications 
outages; whether our proposed outage duration and user minute 
thresholds are appropriate, and whether there may be information that 
is unique to 988 outages that we should require to be included in an 
outage report due to its value in understanding the cause or impacts of 
such an outage, and determined that seeking comment from providers on 
these issues could provide more comprehensive insight on these issues. 
In comments, small entities can include any steps that we have not 
already proposed to prevent the costs of our proposals from being 
unduly burdensome for them. Small entities can also identify which 
proposed requirements are particularly difficult or costly for them, 
and how different, simplified, or consolidated requirements would 
address those difficulties, and propose any modifications or exemptions 
from the proposed requirements discussing the effect of any such 
modifications on public safety, and the reliability of 988 Lifeline 
operations. For the alternatives we discuss in the document, or that 
are subsequently filed in comments, we have requested that commenters 
address the costs and benefits. We have also sought comment on the 
costs and benefits of implementing and maintaining the 911 procedures 
for 988 outage notification and reporting.
    65. To increase public awareness of 988 availability and to help 
protect the public's safety when 988 services are disrupted, we have 
proposed SAMHSA, the VA, and the 988 Lifeline administrator as the 
designated 988 special facilities to receive notification of outages. 
In the document however, we also seek comment on whether there are 
additional entities that should receive notice, whether covered 988 
service providers should give notice to originating service providers 
when an outage occurs to notify their customers of 988 outages, and 
whether PSAPs should be notified so they can be prepared for call 
volume increases. We propose that notifications be made by telephone 
and in writing by electronic means, and also give providers the 
flexibility to provide notice by alternative means if mutually agreed 
upon in writing in advance by the 988 special facility and the 
provider, as we currently allow covered 911 service providers to do. We 
believe that this means of communication will not be a very resource 
intensive or costly method for small entities and other service 
providers to provide notice. We seek comment on this approach in the 
document and on requiring other methods of notification, which may 
identify additional opportunities to reduce costs for small entities 
and other providers.
    66. Next, our actions specifically seeking comment on whether the 
public interest would be served by allowing additional time for small 
and medium-sized businesses to comply, could reduce the economic impact 
for small entities. In doing so, we have provided small entities the 
opportunity to address whether and how they would benefit from 
different reporting requirements or timetables that take into account 
their limited resources; simplification or consolidation of reporting 
requirements for small entities; or an exemption from any reporting 
requirements.
    67. The Commission expects to consider more fully the economic 
impact on small entities following its review of any comments filed in 
response to the document, including any costs and benefits information 
we receive. The Commission's evaluation of the comments filed in this 
proceeding will shape the final alternatives we consider, the final 
conclusions we reach, and any final actions we ultimately take in this 
proceeding to minimize any significant economic impact that may occur 
on small entities.

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

    68. None.

List of Subjects in 47 CFR Part 4

    Airports, Communications common carriers, Communications equipment, 
Reporting and recordkeeping requirements, Telecommunications.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    The Federal Communications Commission proposes to amend chapter I 
of title 47 of the Code of Federal Regulations as follows:

PART 4--DISRUPTIONS TO COMMUNICATIONS

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 47 U.S.C. 34-39, 151, 154, 155, 157, 201, 251, 307, 
316, 615a-1, 1302(a), and 1302(b); 5 U.S.C. 301, and Executive Order 
no. 10530.

0
2. Section 4.3 is amended by adding paragraph (j) to read as follows:


Sec.  4.3  Communications providers covered by the requirements of this 
part.

* * * * *
    (j) Covered 988 service providers are providers that provide the 
988 Suicide & Crisis Lifeline with capabilities such as the ability to 
receive, process, or forward calls.
0
3. Section 4.5 is amended by revising the section heading and adding 
paragraph (f) to read as follows:


Sec.  4.5  Definitions of outage, special offices and facilities, 911 
special facilities, and 988 special facilities.

* * * * *
    (f) An outage that potentially affects a 988 special facility 
occurs whenever there is a loss of the ability of the 988 Suicide & 
Crisis Lifeline to receive, process, or forward calls for at least 30 
minutes duration.

[[Page 20800]]

0
4. Section 4.9 is amended by revising paragraphs (a)(4), (c)(2)(iv), 
(e)(1)(v), (f)(4), and (g)(1)(i) and adding paragraph (i) to read as 
follows:


Sec.  4.9  Outage reporting requirements--threshold criteria.

    (a) * * *
    (4) Potentially affects a 911 special facility (as defined in Sec.  
4.5(e)) or potentially affects a 988 special facility (as defined in 
Sec.  4.5(f)), in which case they also shall notify the affected 
facility in the manner described in paragraph (h) of this section. Not 
later than 72 hours after discovering the outage, the provider shall 
submit electronically an Initial Communications Outage Report to the 
Commission. Not later than 30 days after discovering the outage, the 
provider shall submit electronically a Final Communications Outage 
Report to the Commission. The Notification and the Initial and Final 
reports shall comply with all of the requirements of Sec.  4.11.
* * * * *
    (c) * * *
    (2) * * *
    (iv) Potentially affecting a 911 special facility (as defined in 
Sec.  4.5(e)) or potentially affecting a 988 special facility (as 
defined in Sec.  4.5(f)), in which case the affected facility shall be 
notified in the manner described in paragraph (h) of this section.
* * * * *
    (e) * * *
    (1) * * *
    (v) That potentially affects a 911 special facility (as defined in 
Sec.  4.5(e)) or potentially affects a 988 special facility (as defined 
in Sec.  4.5(f)), in which case they also shall notify the affected 
facility in the manner described in paragraph (h) of this section.
* * * * *
    (f) * * *
    (4) Potentially affects a 911 special facility (as defined in Sec.  
4.5(e)) or potentially affects a 988 special facility (as defined in 
Sec.  4.5(f)), in which case they also shall notify the affected 
facility in the manner described in paragraph (h) of this section. Not 
later than 72 hours after discovering the outage, the provider shall 
submit electronically an Initial Communications Outage Report to the 
Commission. Not later than 30 days after discovering the outage, the 
provider shall submit electronically a Final Communications Outage 
Report to the Commission. The Notification and the Initial and Final 
reports shall comply with all of the requirements of Sec.  4.11.
    (g) * * *
    (1) * * *
    (i) Within 240 minutes of discovering that they have experienced on 
any facilities that they own, operate, lease, or otherwise utilize, an 
outage of at least 30 minutes duration that potentially affects a 911 
special facility (as defined in Sec.  4.5(e)) or potentially affects a 
988 special facility (as defined in Sec.  4.5(f)), in which case they 
also shall notify the affected facility in the manner described in 
paragraph (h) of this section; or
* * * * *
    (i) 988 special facility outage notification. All covered 988 
service providers shall notify any official at a 988 special facility 
who has been designated by the affected special facility as the 
provider's contact person(s) for communications outages at the facility 
of any outage that potentially affects that 988 special facility (as 
defined in Sec.  4.5(f)) in the following manner:
    (1) Appropriate contact information. To ensure prompt delivery of 
outage notifications to 988 special facilities, covered 988 service 
providers shall exercise special diligence to identify, maintain, and, 
on an annual basis, confirm current contact information appropriate for 
outage notification for each 988 special facility that serves areas 
that the service provider serves.
    (2) Content of notification. Covered 988 service providers' outage 
notifications must convey all available material information about the 
outage. For the purpose of this paragraph (i), material information 
includes the following, where available:
    (i) An identifier unique to each outage;
    (ii) The name, telephone number, and email address at which the 
notifying 988 service provider can be reached for follow up;
    (iii) The name of the covered 988 service provider experiencing the 
outage;
    (iv) The date and time when the incident began (including a 
notation of the relevant time zone);
    (v) The types of communications service(s) affected;
    (vi) The geographic area affected by the outage;
    (vii) A statement of the notifying covered 988 service provider's 
expectations for how the outage potentially affects the special 
facility (e.g., dropped calls or missing metadata);
    (viii) Expected date and time of restoration, including a notation 
of the relevant time zone;
    (ix) The best-known cause of the outage; and
    (x) A statement of whether the message is the notifying covered 988 
service provider's initial notification to the special facility, an 
update to an initial notification, or a message intended to be the 
service provider's final assessment of the outage.
    (3) Means of notification. Covered 988 service providers' outage 
notifications must be transmitted by telephone and in writing via 
electronic means in the absence of another method mutually agreed upon 
in writing in advance by the special facility and the service provider.
    (4) Timing of initial notification. Covered 988 service providers 
shall provide an outage notification to a potentially affected 988 
special facility as soon as possible, but no later than within 30 
minutes of discovering that they have experienced on any facilities 
that they own, operate, lease, or otherwise utilize, an outage that 
potentially affects a 988 special facility (as defined in Sec.  
4.5(f)).
    (5) Follow-up notification. Covered 988 service providers shall 
communicate additional material information to potentially affected 988 
special facilities in notifications subsequent to the initial 
notification as soon as possible after that information becomes 
available, but providers shall send the first follow-up notification to 
potentially affected 988 special facilities no later than two hours 
after the initial contact. After that, covered 988 service providers 
are required to continue to provide material information to the special 
facilities as soon as possible after discovery of the new material 
information until the outage is completely repaired and service is 
fully restored.

[FR Doc. 2023-06712 Filed 4-6-23; 8:45 am]
BILLING CODE 6712-01-P