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FCC RIN: 3060-AI78 Publication ID: Spring 2011 
Title: Recommendations of the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks 
Abstract: In the Order released June 8, 2007 (EB Docket No. 06-119 and WC Docket No. 06-63), the Commission directed the Public Safety and Homeland Security Bureau to implement several of the recommendations made by the Independent Panel reviewing the impact of Hurricane Katrina on Communications Networks (Independent Panel). The Commission also adopted rules requiring some communications providers to have emergency/backup power and requiring certain communications providers to conduct analyses and submit reports on the redundancy and resiliency of their 911 and E911 networks and/or systems. Finally, the Commission extended limited regulatory relief from Section 272 of the Communications Act of 1934, as amended, previously accorded by the Wireline Competition Bureau. In an Order on Reconsideration released on October 4, 2007, the Commission considered six petitions for reconsideration and/or clarification of the June 2007 Order that adopted the backup power rule (section 12.2 of the Commission's rules). The Order on Reconsideration granted in part and denied in part the petitions. The Commission modified the backup power rule to address several meritorious issues raised by petitioners. This modification will facilitate carrier compliance and reduce the burden on local exchange carriers and commercial mobile radio service providers, while continuing to further important homeland security and public safety goals. The wireless industry challenged the backup power rule in the U.S. Court of Appeals for the District of Columbia Circuit and, with some wireline providers, challenged the associated information collection before OMB. In February 2008, the Court issued a stay of the rule pending appeal, and, on July 8, 2008, the Court issued an order holding its decision on the challenge to the backup power rule in abeyance pending action by OMB on the information collection associated with the revised rule. In November 2008, OMB rejected the information collection. As a result of the actions by the Court and OMB, the backup power rule has never gone into effect. In December 2008, the FCC's Office of General Counsel requested that the Court dismiss the pending appeals of the backup power rule and informed the Court that the Commission plans to issue an NPRM to develop a revised rule. On July 31, 2009, the Court dismissed the petitions for review as moot and ordered that the backup power rule by vacated and this mandate was issued until September 18, 2009. 
Agency: Federal Communications Commission(FCC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 47 CFR 12   
Legal Authority: 47 USC 151    47 USC 154(i)    47 USC 218    47 USC 303(r)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/07/2006  71 FR 38564   
NPRM Comment Period End  08/07/2006    
Order  07/11/2007  72 FR 37655   
Delay of Effective Date of Rule  08/10/2007  72 FR 44978   
Petitions for Recon  08/20/2007  72 FR 46485   
Order on Recon  10/11/2007  72 FR 57879   
Next Action Undetermined  To Be Determined    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Lisa Fowlkes
Bureau Chief
Federal Communications Commission
Public Safety and Homeland Security Bureau, 445 12th Street SW,
Washington, DC 20554
Phone:202 418-7452
Email: lisa.fowlkes@fcc.gov