Subject: [NEXTEL-1] In the Matter of New Part 4 of the Commission’s Rules Concerning Disruptions to Communications

From: Marcelrf <[email-masked]>
Date: Mon, 23 Feb 2004 16:00:53 -0500

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of New Part 4 of the Commission’s Rules Concerning
Disruptions to Communications

ET Docket No. 04-35

NOTICE OF PROPOSED RULE MAKING

   Adopted:  February 12, 2004 Released:  February 23, 2004

COMMENT DATE:               [60 days after publication in the Federal
Register]
REPLY COMMENT DATE:    [90 days after publication in the Federal
Register]

By the Commission:  Chairman Powell, Commissioners Abernathy, Martin and
Adelstein issuing
                                     separate statements.

 I.  Introduction

1. In recognition of the critical need for rapid, full, and accurate
information on service disruptions that could affect homeland security,
public health and safety, as well as the economic well-being of our
Nation, and in view of the increasing importance of non-wireline
communications in the Nation’s communications networks and critical
infrastructure, we propose to extend our disruption reporting
requirements to communications providers who are not wireline
carriers.   In this connection, we also propose to move the
outage-reporting requirements from Part 63 of our rules to Part 4.   By
moving the outage-reporting requirements out of Part 63 and into Part 4,
we are taking cognizance that, although these requirements were
originally established within the telecommunications common carrier
context, it is now appropriate to adapt and apply them more broadly
across all communications platforms to the extent discussed herein.
Further, in an effort to promote rapid reporting and minimal
administrative burden on covered entities, we also propose to streamline
compliance with the reporting requirements through electronic filing
with a "fill in the blank" template and by simplifying the application
of that rule.   We believe that these proposals will allow the
Commission to obtain the necessary information regarding services
disruptions in an efficient and expeditious manner and achieve
significant concomitant public interest benefits.

      II.  The Need for Communications Disruptions Reporting
A.  Homeland Security

2. The terrorist acts of September 11, 2001 starkly illustrate the need
for reliable communications during times of crisis.  First responders
and medical personnel were notified by pagers, cellular telephones,
wireline telephones, and the Internet of the tragic events that had
occurred, and were occurring, and the immediate need for their
services.  Long distance communications, including satellite
communications, were used to initiate the movement of equipment and
personnel into the affected areas for restoration purposes and to
coordinate their work.  All levels of government (municipal, county,
state, and Federal) coordinated their restoration and Homeland Defense
efforts through wireless and wireline phones, public data networks
(including dial-up telephone, wireless, and cable modem access to the
Internet),  and pagers.  In this context, the need for immediate,
secure, and reliable communications services is obvious.

3. In addition, our Nation has become totally dependent on
communications services that are now essential to the operation of
virtually all government, business, and critical infrastructures
throughout the United States as well as to our Nation's economy.    One
illustration should suffice, although many are available.  Consider, for
example, our financial infrastructure which, in large measure, consists
of computers, databases, and communications links.  If the
communications links were severed, or severely degraded, ATM machines
would not be able to supply cash, credit card transactions would not "go
through," banks would not be able to process financial transactions
(including checks), and the financial markets would become
dysfunctional.    In a short time, economic activity would grind to a
halt and consumers’ ability to purchase food, fuel or clothing would be
severely limited if not destroyed.  This single example leads,
ineluctably, to the conclusion that the people of the United States must
have secure communications that they can rely upon for their daily
needs, as well as during terrorist attacks, fires, natural disasters
(such as hurricanes, earthquakes, and tornadoes) and war.  Ensuring that
the United States has reliable communications requires us to obtain
information about communications disruptions and their causes to prevent
future disruptions that could otherwise occur from similar causes, as
well as to facilitate the use of alternative communications facilities
while the disrupted facilities are being restored.

Full Report:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-30A1.doc

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