On October 1, 2021, the FCC released a Notice of Proposed Rulemaking (“NPRM”) proposing and seeking comment on the following steps to improve the reliability and resiliency of communications networks during emergencies.
First, the NPRM seeks comment on measures to help ensure that communications services remain operation when disasters strike. Specifically, the NPRM seeks comment on how the Wireless Network Resiliency Cooperative Framework can be improved, including whether the activation timing should be changed, whether the scope of Framework obligations and participants should be expanded, how to better address use of roaming during a disaster through the Framework, whether Framework participants can better foster mutual aid, and whether to codify portions of the Framework, among other things.
Second, the NPRM seeks comment on how the FCC can better promote situational awareness during disasters through its Disaster Information Reporting System (“DIRS“) and Network Outage Reporting System (“NORS“). For DIRS, the NPRM seeks comment on whether the FCC can encourage broader voluntary participation during disasters and whether the FCC should require service providers to participate. With respect to NORS, the FCC seeks comment on the public interest benefits and costs of reporting broadband service outages and whether NORS reporting requirements should be suspended during disasters.
Third, the NPRM explores communications resilience strategies to address one of the primary reasons for service disruptions: electric power outages. Specifically, the NPRM seeks comment on actions the FCC, communications providers and power companies can cooperatively take to encourage and increase coordination in the power and communications sectors before, during, and after an emergency or disaster. In addition, the NPRM seeks comment on any changed circumstances since the FCC‘s last consideration of backup power which may affect whether and how backup power promote continuity of power and alternative measures that also may promote continuity of power.
On September 9, 2021, the FCC released a Draft Notice of Proposed Rulemaking (“Draft NPRM”) proposing and seeking comment on steps to improve the reliability and resiliency of communications networks during emergencies. The following change were made from the Draft NPRM:
- ¶ 18 – Including a request for comment on whether additional criteria should be incorporated into the Framework to determine whether roaming should be automatically available in qualifying disaster areas and whether there are instances where roaming requests have been unreasonably denied, delayed, or the Framework did not work as intended.
- ¶ 20 – Including a request for comment on the recommendations of the Broadband Deployment Advisory Committee’s Disaster Response and Recovery Working Group pertaining to coordination with local governments and industry for information sharing between industry during the disaster planning and recovery phases.
- ¶ 33 – Including a request for comment on steps the FCC can take to increase its situational awareness of the state of 911 and other emergency services.
- ¶ 39 – Including a request for comment on whether there are differences across different types of communications networks or geographies where they are located that are relevant to the deployment of backup power solutions or performances during power outages.
- ¶ 42 – Including a request for comment on the FCC’s existing requirements for covered 911 service providers to implement reasonable central-office backup power measures to ensure 911 reliability. Specifically, the FCC seeks comment on whether there are steps it can take, such as revisions to the resiliency rules or encourage voluntary measures, to make it more likely that PSAPs will have the necessary resources to continue service during and after disasters.
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