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.

You will find more details about the most significant items on the April meeting agenda after the break.

Text-to-988 – The Further Notice of Proposed Rulemaking would expand the new 988 designation for suicide prevention services to include text messaging. Specifically, the FNPRM proposes to require covered text providers to support text messaging by routing text messages sent to 988 to the National Suicide Prevention Lifeline (“Lifeline”). The Lifeline will begin receiving voice calls placed to 988 no later than July 16, 2022. Noting the increasing popularity of texting over voice services, particularly by younger users, the FNPRM seeks comment on the technical considerations for covered text providers, equipment vendors, and software vendors to also enable suicide prevention services to be provided through text-to-988 service. The NPRM considers the possibility of requiring text providers to send automatic bounce-back messages to consumers where the text-to-988 service is not available.

Wireless Microphones – The NPRM would propose to permit licensed wireless microphone users to operate WMAS technology on frequencies already available for Part 74 licensed wireless microphone operations in the TV bands (VHF and UHF). Those frequencies are the 653-657 MHz segment of the 600 MHz duplex gap, and in the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-959.85 MHz, 1435-1525 MHz, 6875-6900 MHz and 7100- 7125 MHz bands. The NPRM also proposes to permit WMAS to use up to 6 megahertz channels when less spectrum is sufficient for applications, or less spectrum is available. The NPRM would require WMAS to operate with a minimum of three audio channels per megahertz of spectrum to ensure an efficient use of spectrum. It would also require WMAS to comply with the emission mask and spurious emission limits for WMAS that were specified in the 2017 European Telecommunications Standards Institution (“ETSI”) standards. The NPRM proposes to update the existing Part 74 and Part 15 wireless microphone technical rules to reference the relevant portions of the 2017 ETSI wireless microphone standards as they currently reference the 2011 version. Lastly, the NPRM seeks comment on whether to authorize WMAS for unlicensed microphone operations under Part 15.

Improving 911 Reliability – The Third Notice of Proposed Rulemaking proposes to harmonize two currently separate outage reporting rules – the rules applicable to covered 911 service providers serving Public Safety Answering Points (“PSAPs”) and the rules requiring telecommunications service providers to report outages affecting 911 service to the public. The NPRM would require all originating service providers to notify potentially affected 911 facilities of an outage within 30 minutes of discovering the outage (the same time period that covered 911 providers have to notify PSAPs of an outage). Service providers would also be required to communicate such information no later than two hours after the initial notification. It would also establish consumer notification procedures for 911 unavailability. This NPRM would standardize the type of information conveyed to PSAPs, which would include information such as the name of the service provider(s) offering the notification and/or experiencing the outage, date and time when the incident began, communications service affected, and potential impact on PSAPs. The NPRM also focuses on service providers maintaining accurate PSAP contact information.