The FCC voted unanimously to require providers of a facilities-based, fixed, voice residential service that is not line-powered the way that copper twisted-pair service is to offer consumers at the point of sale an eight-hour backup power solution.  Providers would also have to notify customers once a year about the limitations on their service during a home power outage and again offer them the opportunity to purchase a backup power solution.  Within three years, providers would have to offer a more robust 24-hour backup power option as well.

The report and order adopted today in Public Safety docket 14-174 at the FCC’s monthly meeting gives providers “significant flexibility” on how to deliver annual consumer notifications, according to Linda Pintro, an attorney adviser in the Cybersecurity and Communications Reliability Division of the FCC’s Public Safety and Homeland Security Bureau. 

Absent further FCC Action, all the backup power requirements adopted today will expire in 10 years, Ms. Pintro said.

In announcing today’s action, the FCC emphasized that it would help ensure that Americans can reach 911 call centers during power outages, but calling capabilities enabled by backup power are not limited to 911 calls. Commissioner Mike O’Rielly concurred on the item, expressing concern that the burdens imposed on carriers will result in little benefit to consumers.  Citing Cincinnati Bell, Inc.’s comments in the proceeding, Commissioner O’Rielly said that “one provider that tried to promote its voice service by advertising the availability of backup power in the wake of a hurricane that caused significant outages ‘saw little to no uptick as a result and landline losses continued at a steady pace despite the lack of backup power with alternative services.’”

Commissioner O’Rielly also regretted that the order does not preempt additional state requirements for backup power.  “It does no good for the FCC to try to tailor the burdens on providers only to leave a gaping loophole for 56 states and territories to apply different standards, potentially increasing the costs of compliance,” he said.  “For example, I asked staff whether states could require providers to offer 30 days of backup power and the answer was shockingly ‘yes’. What a horrible answer. I am unwilling to write a blank check for backup power burdens that are barely justified in the first place.”

Commissioner Ajit Pai suggested that different consumers will have different preferences on dealing with the power outage issue, including reliance on a charged wireless phone or on a home generator.  He noted that he proposed when the proceeding was launched nine months ago that consumers be allowed to make the decision for themselves, rather than mandating the provision of backup power.  “I support this Order because it adopts that consumer-driven approach and recognizes that no one-size-fits-all solution will work when it comes to disaster preparedness,” he said.

In a statement, the National Emergency Number Association said that the FCC’s order on backup power “will better enable access to 9-1-1 via IP-based home phone services that are replacing legacy systems nationwide.” —Lynn Stanton, lynn.stanton@wolterskluwer.com