FCC Resolves CTIA/CCA MDRI Petition for Recon

On September 15, 2023, the FCC released an Order on Reconsideration addressing the Petition for Reconsideration filed by the Competitive Carriers Association and CTIA requesting that the FCC clarify and/or reconsider portions of the FCC’s Report and Order codifying the Mandatory Disaster Response Initiative (“MDRI”).

In the Order on Reconsideration, the FCC:

1. Extended the Compliance Date to May 1, 2024 for all providers:  The FCC concluded that an extension and single date certain of May 1, 2024 for compliance with all elements of the MDRI, regardless of the size of the provider, was appropriate to ensure providers could coordinate, conduct testing, and establish new mutual aid relationships.  The FCC also eliminated the distinction between small and non-small providers, since the Order on Reconsideration adopts a single compliance date.
2. Declined to adopt a Commission-maintained list of providers subject to the MDRI:  The FCC concluded that a Commission-maintained list of providers subject to the MDRI is not the most efficient or effective means for providers to identify other facilities-based mobile wireless providers subject to the MDRI.  The FCC notes that providers can utilize Form 477 Filers by State Tool, located at https://www.fcc.gov/form-477-filers-state, to find other providers in their geographic coverage area.
   1. Further delineation of “foreseeable”:  The FCC reiterated that, for RuD purposes, roaming is foreseeable when two providers’ geographic coverage areas overlap.  The FCC recommends that providers utilize publicly available service area maps, ULS, internet searches, and other sources to determine which providers may overlap with their network.
   2. Contact Information:  The FCC notes that nothing in the Report and Order prevents providers from making contact information for MDRI purposes available on their website of their own accord.
3. Declined to establish a separate MDRI notification process:  The FCC concluded that obligating the FCC to notify providers subject to the MDRI directly is unnecessary.  The FCC reiterated it will rely on Public Notices to inform providers that the MDRI has been activated.
4. Agreed to treat RuDs as presumptively confidential: The FCC agreed that RuDs are likely to contain sensitive trade secret or commercial and financial information that warrants a presumption of confidentiality.

For additional information please see previous blog post FCC Adopts New Wireless Resiliency Rules.

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