[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]]
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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