The FCC emphasized the importance of resilient networks by hosting a virtual field hearing on improving the resiliency and recovery of communications networks during disasters during its October Open Meeting. The hearing included two panels: “Lesson’s from the Ground” and “Building Resiliency into U.S. Networks.” The panels included experienced public safety and communications stakeholders and provided discussions about opportunities to improve emergency network resiliency.

The NPRM seeks comment on three main topics: (1) measures to help communications services remain operational amid disasters; (2) promoting situational awareness during disasters through a Disaster Information Reporting System (“DIRS“) and the Network Outage Reporting System (“NORS“); and (3) communications resilience strategies to address electric power outages.

Keeping Communications Services Operational Amid Disasters

Currently, there is a voluntary Wireless Network Resiliency Cooperative Framework (“Framework”) that provides participants with access to NORS and DIRS information to aid in public safety. The Commission seeks comment on how the Framework can be improved, activation timing, the scope of Framework obligations and whether participants should be expanded. The NPRM also asks how to better address the use of roaming during a disaster and foster mutual aid. The Commission also contemplates whether to codify portions of the Framework.

Situational Awareness During Disasters

DIRS is a web-based means for service providers to voluntarily report their communications infrastructure status, restoration information, and situational awareness information to the FCC specifically during times of crisis. The NPRM seeks comment on additional methods to increase broader voluntary participation during disasters and whether the Commission should require service providers to participate.

The FCC requires communication providers to report network outages that last at least 30 minutes and meet additional conditions in NORS. The NPRM seeks comment on the public interest benefits and costs of reporting broadband service outages and whether the NORS reporting requirements should be suspended during disasters.

Addressing Electric Power Outages

Power outages are a common factor in disaster and emergency situations and the NPRM seeks comment on the actions the FCC, providers, and power companies can take to coordinate in all stages of emergencies and disasters. The Commission seeks feedback regarding existing requirements for covered 911 service providers to implement central-office backup power measures to help ensure 911 reliability. Currently, covered 911 services must certify their compliance with backup standards for public safety answering points (“PSAPs”) and central offices that have a selective router that directs 911 calls. PSAPs have the opportunity to weigh in and help the FCC develop regulations that take PSAP experience into consideration. Additionally, the FCC requests information about any changed circumstances since the FCC’s last consideration of backup power that may affect the continuity of power and alternative measures that promote continuity of power.

Please contact the authors of this post or your Kelley Drye attorney if you are interested in filing comments on this NPRM, monitoring the proceeding, or understanding how it could impact your business.

You will find more information about the items on the September meeting agenda after the break:

Promoting More Resilient Networks - The NPRM would seek comment on various issues related to improving the reliability and resiliency of communications networks during emergencies and natural disasters. The NPRM focuses on whether the Framework (a wireless industry agreement aimed at providing mutual aid during emergencies, ensuring municipal and consumer readiness and communicating about service restoration) can be improved, such as by expanding participation, increasing the scope of participants’ obligations or codifying industry disaster-based coordination obligations. The NPRM would also seek comment on enhancing information provided to the FCC during disasters and network outages through the Network Outage Reporting System and the Disaster Information Reporting System. In addition, the NPRM would ask about communications resilience strategies to mitigate the impact of power outages, including coordination between communications providers and power companies and the use of backup power during disasters.

Reassessing 4.9 GHz Band for Public Safety – The Order on Reconsideration would grant requests by public safety organizations to vacate a 2020 order that permits states to lease spectrum in the 4.9 GHz band (designated for public safety use) to third parties for non-public-safety use. The Order on Reconsideration would also lift a freeze on 4.9 MHz licenses to allow incumbent licensees to modify licenses or seek new permanent fixed sites. The FNPRM would propose to establish a nationwide framework for the 4.9 GHz band to maximize public safety while promoting interoperable communications and interference protection throughout the network. Areas for comment would include how to protect public safety users from harmful interference, the use of the Universal Licensing System or another database to maintain relevant technical data, adoption of consistent technical standards to foster interoperability of equipment using the band and giving public safety uses priority. The NPRM would also seek comment on how to manage the band, incentivize public safety licensees to use the latest commercially available technologies and allow non-public safety use of the band without jeopardizing public safety operations.

Authorizing 6 GHz Band Automated Frequency Coordination Systems - The Public Notice would set forth a process for the OET to authorize AFC systems, which are required to operate standard-power devices in the 6 GHz band. Specifically, unlicensed standard power devices that operate in the 6 GHz band are required to check an AFC system prior to operating to avoid harmful interference to incumbent operations. The Public Notice would explain the approval process for AFC system operators, which would include conditional approval, a public trial period and an opportunity for public comment. The Public Notice would provide detailed information about the content of AFC system proposals and request that such proposals be submitted no later than November 30, 2021 (although proposals will be accepted after that date).

Spectrum Requirements for the Internet of Things - The NOI (which is required to be issued by The William M. (Mac) Thornberry National Defense Authorization Act for FY 2021 (Pub. L. No. 116-28) (the “Act”)) would seek comment on whether there is sufficient spectrum available for current and future IoT needs. As directed by the Act, the LOI would ask for comment on how to ensure that adequate spectrum is available for the increased demand for the IoT, whether regulatory barriers would prevent accessing any additional needed spectrum and the roles of licensed and unlicensed spectrum for supporting the IoT.

Shielding 911 Call Centers from Robocalls – The FNPRM would propose to update the FCC’s rules governing the PSAP Do-Not-Call registry. Although the FCC adopted rules in 2012 to establish the registry as a means to protect PSAPs from unwanted robocalls, the registry has not been fully implemented due to security concerns associated with releasing PSAP telephone numbers to entities accessing the registry. The FNPRM would propose that voice service providers block autodialed calls to PSAP telephone numbers on the PSAP Do-Not-Call registry, as an alternative to allowing entities claiming to use autodialers to access the registry to identify telephone numbers that may not be called. In addition, the FNPRM would seek comment on whether autodialed calls and text messages continue to disrupt PSAPs’ operations, security risks associated with maintaining a centralized registry of PSAP telephone numbers, ways to address security issues (such as enhanced caller vetting and data security requirements) and alternative means to prevent robocalls to PSAPs (such as by utilizing other technological solutions or leveraging the National Do-Not-Call registry).

Stopping Illegal Robocalls From Entering American Phone Networks - The FNPRM would propose to require gateway providers to assist in the battle against illegal robocalls by applying STIR/SHAKEN caller ID authentication and other robocall mitigation techniques to calls that originate abroad from U.S. telephone numbers. The FNPRM would also seek comment on several other proposals aimed at mitigating robocalls, including the following requirements that would be applicable to gateway providers: (1) responding to traceback requests within 24 hours; (2) blocking calls upon notification from the Enforcement Bureau that a certain traffic pattern involves illegal robocalling; (3) utilizing reasonable analytics to block calls that are highly likely to be illegal; (4) blocking calls originating from numbers on a do-not-originate list; (5) confirming that a foreign call originator using a U.S. telephone number is authorized to use that number; (6) including robocall mitigation obligations in contracts with foreign customers; and (7) submitting a certification regarding robocall mitigation practices to the Robocall Mitigation Database. In addition, the FNPRM would seek comment on a requirement that service providers block calls from gateway providers identified as bad actors by the FCC and on whether additional information should be collected by the Robocall Mitigation Database. The FNPRM would ask whether there are alternative means to stop illegal foreign-originated robocalls. Finally, while the rulemaking proceeding is pending, the FCC would not enforce the prohibition in Section 63.6305(c) of the FCC’s rules on U.S.-based providers accepting traffic carrying U.S. NANP numbers that is received directly from foreign voice service providers that are not in the Robocall Mitigation Database.

Supporting Broadband for Tribal Libraries Through E-Rate - Pursuant to Section 254(h)(4) of the Communications Act of 1934, as amended, a library may not receive preferential treatment or rates (such as under the E-rate program) unless it is eligible for assistance from a State library administrative agency under the Library Services and Technology Act (“LSTA”). In 2018, the LSTA was amended to specifically include Tribal libraries as eligible for assistance from a State library administrative agency. The NPRM would propose to amend Sections 54.500 and 54.501(b)(1) of the FCC’s rules to clarify that Tribal libraries are eligible for E-rate support. The NPRM would also seek comment on other measures to enable Tribal schools and libraries to gain access to the E-rate program and ways to increase participation in the E-rate program.

Strengthening Security Review of Companies with Foreign Ownership - The Second Report and Order would adopt standardized national security and law enforcement questions (“Standard Questions”) to be answered by applicants with reportable foreign ownership as part of the Executive Branch review of certain applications filed with the FCC. The issuance of Standard Questions is the FCC’s final step in implementing several reforms to formalize and streamline the FCC and Executive Branch review process consistent with Executive Order No. 13913 (April 20, 2020), which established a Committee for the Assessment of Foreign Participation in the United State Telecommunications Sector (“Committee” (formerly known as Team Telecom)) and set forth procedures and timelines for the Committee to complete its review. The Second Report and Order would include Standard Questions for the following types of applications when reportable foreign ownership (generally a 5 percent or greater equity and/or voting interest (indirect or direct) in the applicant) is present: (1) applications for a new or modified International Section 214 authorization or submarine cable landing license; (2) applications for assignment or transfer of control of an International Section 214 authorization or a submarine cable landing license; and (3) petitions for a declaratory ruling to permit foreign ownership in a broadcast licensee, common carrier wireless licensee or common carrier earth station licensee that exceeds the benchmarks in Section 310(b) of the Communications Act. There would also be a supplement to each set of questions to provide personally identifiable information for individuals with a reportable ownership interest, non-U.S. individuals with access to the applicant’s facilities, corporate officers and directors, and a law enforcement point of contact.

In the wake of the Derecho, news media reported outages in the 911 system in several counties in Northern Virginia and an West Virginia. The Public Safety Bureau quickly announced that it would begin meeting with carrier representatives, public officials, and others to investigate the outages. (This was similar to the Public Safety Bureau's reaction to Verizon 911 outages in 2011.) Now, the Bureau has expanded its inquiry with an 8-page Public Notice seeking comment on the "reliability, resiliency and availability of communications networks in times of emergency." The Public Notice was accompanied by a last-minute addition to the agenda of yesterday's FCC's Open Meeting to discuss the inquiry. Four of the Commissioners released statements praising the Bureau's inquiry.

The Public Notice suggests that the FCC is approaching the Derecho from a rulemaking perspective, rather than an enforcement perspective. That's great news for Verizon and Frontier Communications, of course, as the two local telephone companies providing services in the areas hit by the outages. (Again, this is similar to how the Bureau approached the 2011 Verizon outage. The Maryland PSC investigation of the same outage, by the way, has stalled. No orders have been entered since the October 2011 staff recommendation that we discussed.)

The Public Notice requests comment on a broad range of issues:

• Causes of Outages. The Public Notice asks for comment on the specific causes of the outages related to the Derecho storm, and asks several questions related to whether "best practices" were followed in preparation for the storm. More broadly, the Public Notice asks what forms of network interconnection were affected and "to what extent are there industry best practices addressing forms of interconnection and diversity and redundancy?"
• Effect on 911 Systems and Services. The Public Notice focuses on improvement to the reliability of the 911 network in storms such as this. It asks, among other things, whether 911 facilities are deployed redundantly and whether 911 selective routers are deployed in a diverse manner.
• Effect of 911 Outages. The Public Notice also seeks comment on the impact the outages had on the public and whether alternative means to reach public safety officials were available.

Finally, the Public Notice asks two pages of questions concerning "911 Resiliency and Reliability Generally," touching upon issues concerning the deployment of Next Generation 911 (NG911) networks, "virtual PSAP" facilities, text-to-911 and other matters pending in a variety of 911 dockets.

Clearly, the Bureau is casting a wide net in this Public Notice. Virtually every 911 issue parties are pushing today is implicated in some way or another by this notice. We can't wait to see if parties take the Bureau up on the invitation when comments are due in mid-August.

Under the new legislation, PSAPs would be permitted to register all 911 trunks and "other lines used for the provision of emergency services" in the do-not-call database. The Commission proposes to allow both primary PSAPs and secondary (overflow) PSAPs to register numbers in the database. The Commission also asks for comment on the most efficient way to establish the registry, including ways the registry could be coordinated with the National Do-Not-Call registry for residential telephone numbers.

The NPRM also seeks comment on various enforcement provisions related to the new registry. The legislation requires the Commission to establish monetary penalties of "not less than $100,000 per incident nor more than $1 million per incident" for disclosure of the numbers in the registry and between $10,000 and $100,000 per call made in violation of the do-not-call restriction. Further, similar to the finding it made with respect to the 21st Century Communications and Video Accessibility Act ("CVAA"), the Commission asks whether it may proceed against non-licensees directly, without first issuing citations that are otherwise required under the Communications Act.

Comments will be due 30 days from publication of the NPRM in the Federal Register, with reply comments due 45 days from FR publication.