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FCC RIN: 3060-AK40 Publication ID: Fall 2022 
Title: Amendments to Part 4 of the Commission's Rules Concerning Disruptions to Communications: PS Docket No. 15-80 
Abstract:

The 2004 Report and Order (R&O) extended the Commission’s communication disruptions reporting rules to non-wireline carriers and streamlined reporting through a new electronic template (see docket ET Docket 04-35). In 2015, this proceeding, PS Docket 15-80, was opened to amend the original communications disruption reporting rules from 2004 in order to reflect technology transitions observed throughout the telecommunications sector. The Commission seeks to further study the possibility to share the reporting database information and access with State and other Federal entities. In May 2016, the Commission released a Report and Order, FNPRM, and Order on Reconsideration (see also Dockets 11-82 and 04-35). The R&O adopted rules to update the part 4 requirements to reflect technology transitions. The FNPRM sought comment on sharing information in the reporting database. Comments and replies were received by the Commission in August and September 2016.

In March 2020, the Commission adopted a Second Further Notice of Proposed Rulemaking in PS Docket No. 15-80 that proposed a framework to provide state and federal agencies with access to outage information to improve their situational awareness while preserving the confidentiality of this data, including proposals to: provide direct, read-only access to NORS and DIRS filings to qualified agencies of the 50 states, the District of Columbia, Tribal nations, territories, and federal government; allow these agencies to share NORS and DIRS information with other public safety officials that reasonably require NORS and DIRS information to prepare for and respond to disasters; allow participating agencies to publicly disclose NORS or DIRS filing information that is aggregated and anonymized across at least four service providers; condition a participating agency's direct access to NORS and DIRS filings on their agreement to treat the filings as confidential and not disclose them absent a finding by the Commission that allows them to do so; and establish an application process that would grant agencies access to NORS and DIRS after those agencies certify to certain requirements related to maintaining confidentiality of the data and the security of the databases.  In March 2021, the Commission adopted the proposed information sharing framework with some modifications in a Second Report and Order.  In April 2021, in a Notice of Proposed Rulemaking, the Commission proposed to codify a rule adopted in 2016 that exempts satellite and terrestrial wireless providers from reporting outages that potentially affect special offices and facilities, as defined in Commission rules.  This proceeding addresses the Commission’s efforts to improve the utility of its efforts to track network outages and disruptions and does not promote the administration’s specified priorities.

In May 2021, the California Public Utilities Commission (CPUC) filed a Petition for Reconsideration (PFR) requesting that the Commission reconsider its decision in the Second Report and Order to maintain the presumption of confidentiality applied to NORS and DIRS filings.  The Commission sought comment on the PFR’s requests.

  

 
Agency: Federal Communications Commission(FCC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 47 CFR 0    47 CFR 4    47 CFR 63   
Legal Authority: sec. 1, 4(i), 4(j), 4(o), 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307, 309(a), 309(j)    316, 332, 403, 615a–1, and 615c of Pub. L. 73–416, 4 Stat. 1064, as amended    and sec. 706 of Pub. L. 104– 104, 110 Stat. 56    47 U.S.C. 151, 154(i)–(j) & (o), 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307    309(a), 309(j), 316, 332, 403, 615a–1, 615c, and 1302, unless otherwise noted   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM, 2nd R&O, Order on Recon.  06/16/2015  80 FR 34321   
NPRM Comment Period End  07/31/2015 
R&O  07/12/2016  81 FR 45055   
FNPRM, 1 Part 4 R&O, Order on Recon.   08/11/2016  81 FR 45059   
Order Denying Reply Comment Deadline Extension Request  09/08/2016 
FNPRM Comment Period End  09/12/2016 
Announcement of Effective Date for Rule Changes in R&O  06/22/2017  82 FR 28410   
Announcement of Effective Date for Rule Changes in R&O  06/22/2017  82 FR 28410   
Second Further NPRM   02/28/2020  85 FR 17818   
Second Further NPRM Comment Period End  06/01/2020 
2nd R&O  04/29/2021  86 FR 22796   
3rd NPRM  06/30/2021  86 FR 34679   
CPUC PFR Comment Period End  08/23/2021  86 FR 40801   
Next Action Undetermined  To Be Determined 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Saswat Misra
Attorney-Advisor, Public Safety and Homeland Security Bureau
Federal Communications Commission
45 L Street NE,
Washington, DC 20554
Phone:202 418-0944
Email: saswat.misra@fcc.gov