Rosenworcel Presses for Quick Action on Derecho Rulemaking

"The bureau found that the derecho’s destructive impact on 911 communications could have been prevented, or at least mitigated, if network service providers had followed key network reliability best practices developed in coordination with industry,” said Public Safety bureau Chief David Turetsky. “In most cases, we found that 911 service disruptions were attributable to avoidable planning and system failures in service providers networks, specifically a lack of physical diversity in 911 and network monitoring circuits and inadequate backup power in central offices."

In one concrete proposal, the NPRM proposed the commission amend its rules to require carriers to notify 911 call centers about outages by phone and via email with specific information on the nature of the outage, the estimated number and location of affected users, and the steps being taken to address the outage, said Eric Schmidt, a bureau staffer who presented the NPRM at the commissioner meeting where it was approved. The revised rule also would require the carrier to provide a telephone number and email address for follow up questions, he said.

Early indications are that the commission could be divided on the extent to which the agency will need to impose new rules as a result of the 911 outages, based on FCC members statements at the meeting. Commissioner Jessica Rosenworcel urged the commission to act on the NPRM before the first anniversary of the June 29 storm. But Republican Commissioners Robert McDowell and Ajit Pai counseled caution.

Some of the findings of the investigation are “somewhat troubling,” said Commissioner Mignon Clyburn. “To promote network reliability, the commission has traditionally used a light regulatory touch, preferring voluntary commitments to industry best practices,” she said. “But this approach only works if communications providers are actually following these best practices. What the staff uncovered, however, was that with a number of communications providers, this was not the case. Service disruptions were found to be caused by communications providers failing to have adequate plans and systems in place in cases of storms and other inclement weather events, and the bureau concluded that these failures could, and would have been avoided, if providers had followed industry best practices and other sound engineering principles."

"The proposals before us build on what we now know: The need for better back-up power at central offices, the need for improved 911 circuit auditing, the need for more diverse monitoring systems, and the need for more extensive reporting to 911 personnel on the front lines, answering calls,” Rosenworcel said. “They are common sense solutions. They should put us on the road toward making sure that failures like the ones we saw following the derecho never happen again. ... I also recognize that as we move forward in this proceeding, there will be discussion about the need to take each step proposed. There will be concerns about cost. These are fair. Debate is a necessary, and healthy, part of our process."

The FCC shouldn’t “adopt any rules that would inadvertently undermine the goal of encouraging better emergency connectivity,” McDowell said in an interview after the meeting, at which he said he’s leaving the agency. (See separate report above in this issue.) “If our rules are too burdensome, that could increase costs for carriers and actually slow down deployment and upgrades in new technologies that can help consumers."

Pai said many of the issues raised by the NPRM will be solved as the U.S. moves to a next-generation 911 network. “Indeed, the bureau’s derecho report noted that had NG-911 architectures and capabilities been in place ’they likely could have significantly lessened the derecho’s impact in emergency communications,'” he said. “So facilitating that deployment should be a national priority.” Pai said the NPRM rightly requires a cost-benefit analysis of any new regulation growing out of the notice. Such analysis “does not mean automatic support for, or opposition to, any proposed regulation,” he said. “When properly applied, however, it does lead to smart regulation."

Commissioners also got an update at their meeting on the agency’s progress in increasing the connectivity of those living in tribal areas across the U.S. from Geoffrey Blackwell, chief of the Office of Native Affairs and Policy. ONAP also released its 2012 report (http://bit.ly/11gnArB). “The Annual Report illustrates the Commission’s efforts to address the digital divide in Indian Country, the progress that the Commission has made, and why that progress requires even more coordinated efforts in the years to come,” the report said. It cited the FCC’s Tribal Mobility Fund, offering $50 million for 3G or 4G deployments on Indian land, a new requirement that eligible telecommunications carriers report on their compliance with a tribal government engagement requirement and a March 2011 NPRM on spectrum over tribal lands.

Sen. Tom Udall, D-N.M., stopped by the meeting to stress the importance of tribal outreach. “I want to remind the FCC staff that their work is important and their work does matter to lots of people, often people that they may never meet out there in the far reaches of the country, whether on an Indian reservation or in far-off rural community,” Udall said. “This is especially true in tackling the digital divide facing Native American and Native Hawaiian communities.” Fixed broadband deployment on tribal lands may be as low as 10 percent, he said. “Statistics do not convey the hardships this digital divide creates."

"The issues are complex and the solutions are not easy,” Rosenworcel said. “But count me as an optimist. Because outreach is a start. Because the commission is engaged. Because leadership in tribal communities is steadfast and committed. Because our Universal Service policies -- like the Tribal Mobility Fund -- are poised to bring new focus to the persistent gaps in tribal deployment.”