Reliability and Continuity of Communications Networks

Description

On April 7, 2011, the Federal Communications Commission adopted a Notice of Inquiry (NOI) seeking public comment on ways to further strengthen the reliability and resiliency of America's communications networks.

The NOI seeks comment on four specific areas of concern:

1. Current efforts by industry to ensure continuity of communications service during major disasters;
2. Existing reliability and resiliency standards for broadband communications networks;
3. The FCC's role in promoting the reliability, resiliency and continuity of communications services; and
4. The FCC's legal authority to act to ensure the reliability, resiliency and continuity of communications services.

The FCC also seeks comment on whether it should consolidate two proceedings -- PS Docket 10-92 (Effects on Broadband Communications Networks of Damage or Failure of Network Equipment or Severe Overload), and EB Docket 06-119 (Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks -- into this proceeding.

The FCC seeks an analysis of the costs and benefits of the various matters raised in this inquiry. Commenters are asked to address particularly the following concerns with respect to the numerous issues raised:

• What are the cost and benefits associated with any potential courses of action?
• How could any requirements the Commission might consider be tailored to impose the least amount of burden on those affected?
• What potential regulatory approaches (including market-based approaches such as permits and fees) would maximize the potential net benefits to society (benefits net of costs)?
• To the extent feasible, what explicit performance objectives should the Commission specify to facilitate monitoring the success of any potential course of action?

Issues

I. Continuity of Service

The FCC seeks detailed information regarding any factors that significantly contribute to disruptions in communications service during major emergencies. It also seeks comment on existing industry standards or practices that address these matters. The FCC seeks information on what preparatory or preventive measures are presently, or should be, taken by communications service providers to ensure that communications are maintained during major emergencies. The FCC invites comment on the benefits and disadvantages of potential solutions to ensure continuity of service. The FCC also seeks comment on how the benefits of any regulatory requirements might be quantified, as well as on the cost of implementing such solutions, who would bear the cost, and how. The objective is to evaluate existing industry standards and practices and to determine what actions, if any, the Commission should take to ensure that the public continues to have access to communications during major emergencies.

II. Reliability and Resiliency

The objective in this discussion is to determine what action, if any, the Commission should take to bolster the reliability of our Nation’s broadband communications platform. The FCC invites comment on whether or how the Commission should establish performance goals for resilient broadband networks under different scenarios. It seeks comment on the benefits and disadvantages of various approaches to ensuring reliable and resilient service. The FCC invites comment on the cost of implementing such performance goals and how such expenses would be borne. Moreover, the FCC seeks comment on what lessons, if any, the Commission can learn from efforts at the state and local levels, as well as in other countries, to ensure reliable and resilient service.

III. Legal Authority

What provisions of the Communications Act would support Commission action to ensure the reliability and continuity of networks during major emergencies?