Improving the Resiliency of Mobile Wireless Communications Networks/Reliability and Continuity of Communications Networks

In this Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission considers measures to promote transparency to consumers as to how mobile wireless service providers compare in keeping their networks operational in emergencies, which could in turn encourage competition to improve the resiliency of mobile wireless communications networks during emergencies. Specifically, the FCC seeks comment on a proposal to require facilities-based Commercial Mobile Radio Service (CMRS) providers to submit to the FCC for public disclosure, on a daily basis during and immediately after major disasters, the percentage of cell sites within their networks that are providing CMRS. These disclosures would be made with respect to each county in the designated disaster area.

The FCC seeks comment on whether public disclosure of this information, which can be derived from information many providers already report to the FCC voluntarily, could provide consumers with a reasonable “yardstick” for measuring how well mobile wireless networks maintain service during disasters. The FCC also seeks comment on whether other measures of service outages may be appropriate, and on certain other approaches to resiliency. In particular, the FCC seeks comment on the following issues:

• Whether the proposed reporting and disclosures would provide consumers with useful information for making comparisons about mobile wireless products and services;
• Whether such disclosures, by holding providers publicly accountable, could incentivize improvements to network resiliency while allowing providers flexibility in implementing such improvements;
• Whether such information would be useful to policymakers at state and local levels;
• Whether the proposed disclosures comport with “smart disclosure” principles;
• Whether the proposed disclosure would lead to adverse unintended consequences for consumers and mobile wireless providers;
• Whether the FCC should consider other measures, including alternative informational disclosures, performance standards or voluntary measures, or refer issues of what information would be helpful to consumers to an advisory committee before acting.