Federal Communications Commission fcc 13-158 Before the Federal Communications Commission
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368 Verizon Comments at 13 n.21. 369 See ATIS Comments at 10. 370 CenturyLink Reply Comments at 3. 371 See id. at 3 (“CenturyLink supports sharing summary information with its PSAP customers that is directly applicable to them.”). 372 Fairfax County Comments at 4-5. 373 California PUC Comments at 6; Pennsylvania PUC Comments at 4. 374 See Part 4 Order, 19 FCC Rcd at 16855 ¶ 45. 375 See Part 4 Order at 16852-55 ¶¶ 40-46; MSNBC Interactive News, LLC, Memorandum Opinion and Order, 23 FCC Rcd 14518 (2008). See also 47 C.F.R. §§ 0.457(d)(1)(vi), 4.2. 376 Our decision here does not extend to whether states may have access to NORS data. In 2009, the Commission received a petition for rulemaking from the California PUC to allow states direct access to NORS outage reporting data. See Petition of the California Public Utilities Commission and the People of the State of California for Rulemaking on States’ Access to the Network Outage Reporting System (NORS) Database and a Ruling Granting California Access to NORS, ET Docket No. 04-35, Petition for Rulemaking (filed Nov. 12, 2009). The petition remains pending, and while it involves many of the issues raised here with respect to sharing of certification data, we agree with Verizon to defer a decision about sharing certification data with state regulators until the issue is resolved in the context of outage reporting. See Verizon Comments at 9. 377 See NENA Ex Parte Notice at 2 (June 3, 2013) (expressing concern that “some carriers have chosen to exploit their market position to deny public safety agencies and their representatives the very data they insist is lacking in NENA’s and others’ presentations to the FCC” regarding reliability and redundancy of 911 networks). 378 See Fairfax County Comments at 4-5. 379 We intend this review to extend to the annual 911 reliability certification and associated elements adopted herein. Because the record reflects a need for detailed outage notification to PSAPs both before and after the adoption of NG911, we do not contemplate a review or sunset of the amendments to section 4.9. 380 See NENA Comments at 14 (noting generally that “NG911 systems will require somewhat different reliability rules”). 381 See NATOA Comments at 3 (“While we welcome the opportunities that new technologies bring to public safety communications capabilities, we emphasize that as new technologies evolve, the reliability of the legacy network remains a critical asset in stable emergency communications.”). 1 See 5 U.S.C. § 604. 2 See 44 U.S.C. 3506(c)(4). 3 See 5 U.S.C. 801(a)(1)(A). 1 See supra, ¶¶ 73-79 (discussing anticipated incremental cost of rules and addressing service providers’ objections). 2 See Alaska Communications Systems Comments at 3. 3 See Blooston Rural Carriers Comments at 2, 4 See id. at 7. 5 See Western Telecommunications Alliance Comments at 1, 3. 6 See NTCA Comments at 2. 7 Id. 8 See supra, ¶¶ 33-35 (discussing 911 reliability issues beyond the June 2012 derecho). 9 See 5 U.S.C. § 601(3)–(6). 10 See SBA, Office of Advocacy, “Frequently Asked Questions,” available at http://web.sba.gov/faqs/faqindex.cfm?areaID=24 (last visited Aug. 31, 2012). 11 5 U.S.C. § 601(4). 12 Independent Sector, The New Nonprofit Almanac & Desk Reference (2010). 13 5 U.S.C. § 601(5). 15 The 2007 U.S Census data for small governmental organizations are not presented based on the size of the population in each such organization. There were 89,476 local governmental organizations in 2007. If we assume that county, municipal, township, and school district organizations are more likely than larger governmental organizations to have populations of 50,000 or less, the total of these organizations is 52,095. If we make the same population assumption about special districts, specifically that they are likely to have a population of 50,000 or less, and also assume that special districts are different from county, municipal, township, and school districts, in 2007 there were 37,381 such special districts. Therefore, there are a total of 89,476 local government organizations. As a basis of estimating how many of these 89,476 local government organizations were small, in 2011, we note that there were a total of 715 cities and towns (incorporated places and minor civil divisions) with populations over 50,000. CITY AND TOWNS TOTALS: VINTAGE 2011 – U.S. Census Bureau, available at http://www.census.gov/popest/data/cities/totals/2011/index.html. If we subtract the 715 cities and towns that meet or exceed the 50,000 population threshold, we conclude that approximately 88,761 are small. U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES 2011, Tables 427, 426 (Data cited therein are from 2007). 16 http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517210&search=2007%20NAICS%20Search 17 13 C.F.R. § 121.201, NAICS code 517210. 18 U.S. Census Bureau, Subject Series: Information, Table 5, “Establishment and Firm Size: Employment Size of Firms for the United States: 2007 NAICS Code 517210” (issued Nov. 2010). 19http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ2&prodType=tableId. Available census data do not provide a more precise estimate of the number of firms that have employment of 1,500 or fewer employees; the largest category provided is for firms with “100 employees or more.” 20See http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ2&prodType=table 21 See supra, ¶¶ 36-43 (defining term and discussing nationwide importance of 911 reliability). 0 Wireless Communications and Public Safety Act of 1999, Pub. L. 106-81, § 6(h), as amended by New and Emerging Technologies 911 Improvement Act of 2008, Pub. L. No. 110-283, § 101(2). 0 See, e.g., Order at para. 63. 0 Audits are expected to take 16–40 man-hours, see Order at notes 244, 255, at a cost of $80 per hour for each of 7,000 PSAPs. 0 Rule 0.392(j). 0 CSRIC Best Practice 8-7-0532. 0 CSRIC Best Practice 8-7-0402. 0 See, e.g., Frontier Comments at 9; Verizon Ex Parte Notice at 1 (July 3, 2013); CenturyLink Ex Parte Notice at 1 (Sept. 18, 2013). 0 See, e.g., Fairfax County Comments at 4; Frontier Comments at 9. 0 NPRM at para. 41. 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