Federal Communications Commission fcc 13-158 Before the Federal Communications Commission
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- A.Authority Delegated to PSHSB
- CLXVII.PROCEDURAL Matters
- A.Paperwork Reduction Act Analysis
- A.Congressional Review Act
A. Review and Sunset of RulesCLXII.The Commission will review the rules adopted in this Report and Order in five years to determine whether they are still technologically appropriate and both adequate and necessary to ensure reliability and resiliency of 911 networks.379 Review of the rules will also include consideration of whether they should be revised or expanded to cover new best practices or additional entities that provide NG911 capabilities, or in light of our understanding about how NG911 networks may differ from legacy 911 service. Factors for consideration will include outage reporting trends, adoption of NG911 capabilities on a nationwide basis, and whether the certification approach has yielded the necessary level of compliance. If, after review, the Commission determines that some or all of these rules are no longer effective in promoting 911 reliability, we will establish an appropriate sunset date for those portions of the rules that are no longer necessary. At the same time, a lack of compliance with certification requirements or persistence of preventable 911 outages could indicate a need for broader or more rigorous rules. CLXIII.As noted in the NPRM, the transition to NG911 will likely drive improvements in network reliability and resiliency compared to the current circuit-switched system because of the inherently diverse nature of IP networks. Network architecture, backup power, and network monitoring technologies may also evolve as new entities begin providing NG911 services. Consequently, Commission actions to promote reliability of current 911 infrastructure may no longer be necessary in light of future improvements to the network. If these improvements are not realized as expected, however, additional Commission action may be warranted. CLXIV.Few commenters have directly addressed the issue of a review or sunset period; however, there is broad agreement that any rules adopted in this proceeding should account for the transition to NG911 without impeding that transition through regulatory obligations based on legacy technologies.380 As noted above, the record also indicates that certain certification requirements related to circuit auditing and physical diversity of 911 circuits may be particularly important to today’s circuit-switched networks, while IP-based NG911 networks are likely to be more inherently diverse and resilient. We may therefore revisit factors such as the timing of circuit audits and the auditing practices incorporated in the certification as appropriate based on new technologies. CLXV.While we commit to a review of these rules after five years, we decline to set a specific sunset date or triggering event because there are still too many uncertainties about the timeline for widespread adoption of NG911 and the effect of new technologies on the need for 911 reliability rules. A five-year review period will allow for meaningful technological progress in the deployment of NG911 without tying the Commission and various parties in the 911 community to long-term rules based on current technologies. Although ubiquitous adoption of NG911 could obviate the need for some of these rules, we believe it would be inappropriate to adopt a complete sunset while significant portions of the nation may still rely on legacy infrastructure.381 A.Authority Delegated to PSHSBCLXVI.We delegate authority to PSHSB to implement the rules adopted in this Report and Order, consistent with the Administrative Procedure Act and relevant portions of the Communications Act. Specifically, we direct the Bureau to develop such forms and procedures as may be required to collect and process certifications, and we delegate authority to the Bureau to periodically update those forms and procedures as necessary, subject to Paperwork Reduction Act requirements. Through its experience with electronic outage reports in NORS and DIRS, the Bureau has developed expertise with outage reports and trends that will be useful when reviewing such certifications and identifying issues for follow-up with service providers. We also delegate authority to the Bureau to order appropriate remedial actions on a case-by-case basis where 911 reliability certifications indicate such actions are necessary to protect public safety and consistent with the guidelines set forth in this Report and Order. CLXVII.PROCEDURAL MattersA.Final Regulatory Flexibility Act AnalysisCLXVIII.Pursuant to the Regulatory Flexibility Act of 1980, as amended,1 the Commission’s Final Regulatory Flexibility Analysis (FRFA) relating to this Report and Order is attached as Appendix C. A.Paperwork Reduction Act AnalysisCLXIX.This document contains new information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to the Office of Management and Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the general public, and other Federal agencies are invited to comment on the new or modified information collection requirements adopted in this Report and Order. CLXX.In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198,2 we previously sought specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees. In this present document, we have assessed the effects of 911 reliability certification rules on small business concerns, and find that the rules adopted here minimize the information collection burden on such businesses by allowing them to describe reasonable alternative measures in lieu of specified certification elements or to explain why a certification element is not applicable to their networks. This flexible approach allows entities with limited resources to comply with our rules in a cost-effective manner. A.Congressional Review ActCLXXI.The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act.3 Directory: edocs public -> attachmatch attachmatch -> Commissioner ajit pai attachmatch -> Before the Federal Communications Commission Washington, D attachmatch -> Before the Federal Communications Commission Washington, D attachmatch -> Before the Federal Communications Commission Washington, D attachmatch -> Before the Federal Communications Commission Washington, D attachmatch -> Before the Federal Communications Commission Washington, D attachmatch -> Federal Communications Commission fcc 15-77 Before the Federal Communications Commission attachmatch -> Statement of commissioner ajit pai Download 0.56 Mb. Share with your friends:
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