FCC to Consider Modifications to Outage Reporting

May 4, 2016–In the item concerning the FCC’s communications network outage reporting requirements, the Commission plans to consider a report and order and further notice of proposed rulemaking in PS dockets 15-80 and 11-82 and ET docket 04-35 updating its part 4 rules. “For more than a decade, communications providers have kept the FCC apprised of major disruptions in their networks through our network outage reporting requirements,” Mr. Wheeler said in his blog posting. “The data have allowed staff to detect adverse outage trends, support providers’ service restoration efforts, and communicate with public safety officials during times of crisis. These reports also provide the FCC with a unique industry-wide view into communications outages that enables us to help make networks more reliable.

“This becomes even more important as critical infrastructure services rely increasingly on interconnected communications networks,” Mr. Wheeler added. “However, communications providers currently report 911 outages that occur on legacy networks, but not for next-generation 911 over IP networks. That’s why I am circulating an item that would refine our network outage reporting requirements and propose common-sense updates to keep pace with technological change.

“This proposal would initiate a dialogue and seek comment on ways to keep our reporting requirements current, whether for outages to emergency or non-emergency communications, so that we can continue to collectively safeguard the networks that American consumers and businesses rely upon,” the Chairman said.

Last year, the FCC adopted a notice of proposed rulemaking in the proceeding that proposed requiring providers to report any outages that “significantly” degrade or prevent the completion of 911 calls to public safety answering points (PSAPs), not just total outages (TRDaily, March 30, 2015). It also proposed allowing states to access outage information covering their states.

Some providers have interpreted the FCC’s rules to require reporting via the FCC’s network reporting outage system (NORS) only when there are complete disruptions of service, according to the NPRM.

The NPRM also solicited comments on the failure rate of wireless calls, including the impact of radio access network congestion. It also proposed “adopting a more standardized technology neutral method for calculating the number of users ‘potentially affected’ by a wireless network outage.” The item also proposed reducing from five days to 48 hours the reporting threshold for simplex events, which the FCC noted occur “when circuits that are configured with built-in path protection … lose one of the paths.”

It also proposed “clarifying the circumstances under which providers must report outages potentially affecting airport communications.” It sought views “on amending the definition of ‘special offices and facilities’ to exclude all airports other than those designated ‘primary commercial service’ airports in the NPIAS [National Plan of Integrated Airports Systems].”

The item also proposed considering requests from federal agencies other than the Department of Homeland Security to view NORS data. It currently shares such information with DHS. The item also sought comment on whether it should share such information with the federal National Coordinating Center for Communications.

In response to the NPRM, public safety officials said the FCC should move forward to expand its reporting requirements on outages impacting 911 services, while carriers said the agency should simplify requirements and refrain from requiring “over-reporting” of minor issues (TRDaily, July 17, 2015).

At their May 25 meeting, Commissioners also are tentatively scheduled to consider an NPRM “that seeks comment on proposals to eliminate the requirement that commercial broadcast stations retain copies of letters and emails from the public in their public inspection file and the requirement that cable operators reveal the location of the cable system’s principal headend,” the tentative agenda said.

“These recommendations are consistent with our agency-wide process reform initiative to review all Commission regulations and update or repeal outdated and unnecessary rules,” Mr. Wheeler said in his blog posting.

The May 25 meeting is scheduled to begin at 10:30 a.m. at the FCC’s Washington headquarters. —Paul Kirby, paul.kirby@wolterskluwer.com, and Lynn Stanton, lynn.stanton@wolterskluwer.com

Courtesy TRDaily