PUBLIC NOTICE Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 16-463 Released: April 28, 2016 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON WIRELESS CARRIERS’ PROPOSAL TO INCREASE RESILIENCY AND ENHANCE INFORMATION SHARING DURING DISASTERS PS Docket Nos. 13-239 and 11-60 Comment Date: 15 Days After Publication in the Federal Register By this Public Notice, the Public Safety and Homeland Security Bureau (Bureau) seeks comment on the ex parte presentation made by wireless providers AT&T, Sprint, T-Mobile, US Cellular, and Verizon, together with CTIA (collectively, “the carriers”), in which they announce a “Wireless Resiliency Cooperative Framework” described as “a voluntary initiative that will enhance coordination and communication to advance wireless service continuity and information sharing during and after emergencies and disasters.”1 In their ex parte filing, the carriers detail a five prong approach to enhance industry coordination to “facilitate greater network resiliency and faster restoration of service” which they assert will “obviate the need for legislative action or inflexible rules that could have unintended consequences.”2 Specifically, the five prongs include: (1) providing for reasonable roaming under disaster arrangements when technically feasible; (2) fostering mutual aid during emergencies; (3) enhancing municipal preparedness and restoration; (4) increasing consumer readiness and preparation; and (5) improving public awareness and stakeholder communications on service and restoration status.3 Under each prong, the carriers provide specific actions that they will undertake designed to “enhance coordination among wireless carriers and all key stakeholders, improving information sharing and making wireless network resiliency more robust.”4 In its 2013 Notice of Proposed Rulemaking in this docket, the Commission sought comment on, 1 See Letter, dated April 27, 2016 from Joan Marsh, AT&T, Charles McKee, Sprint, Grant Spellmeyer, US Cellular, Scott Bergman, CTIA, Steve Sharkey, T-Mobile USA, and William H. Johnson, Verizon, to Marlene H. Dortch, Secretary, Federal Communications Commission, PS Docket Nos. 13-239 and 11-60, at 1 (Carrier Letter). 2 Id. 3 Id. at 1-2. 4 Id. at 2-4. 2inter alia, the means to enable greater resiliency and consumer transparency with respect to the performance of wireless communications networks during disasters, including seeking comment on mandatory disclosures or the use of voluntary industry measures.5 In addition, since the Resiliency Notice was issued and the record compiled, the Bureau has engaged in a number of meetings with a variety of stakeholders to understand the data that different segments value in evaluating the overall resiliency of wireless networks and outage impacts, as well as other factors in developing more resilient wireless networks.6 Accordingly, we seek comment on the carriers’ “Wireless Resiliency Cooperative Framework” in light of the aims of the Resiliency Notice and the associated record. Interested parties may file comments until fifteen days after the publication of this Public Notice in the Federal Register. All pleadings are to reference PS Docket Nos. 13-239 and 11-60. This proceeding is a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.7 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with section 1.1206(b). In proceedings governed by section 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 5 Improving the Resiliency of Mobile Wireless Communications Networks, Notice of Proposed Rulemaking, PS Docket No. 13-239, 28 FCC Rcd 14373, at ¶¶ 1-2 (2013) (Resiliency Notice). 6 See, e.g., Letter from Mike Saperstein, Attorney Advisor, Public Safety and Homeland Security Bureau, FCC, to Marlene H. Dortch, dated May 6, 2015 (detailing meeting with CTIA – The Wireless Association discussing possible types of disclosures, metrics and hurdles to resilience implementation); Letter from Mike Saperstein, Attorney Advisor, Public Safety and Homeland Security Bureau, FCC, to Marlene H. Dortch, dated June 3, 2015 (detailing meeting with the Competitive Carrier Association discussing possible types of disclosures, metrics and hurdles to resilience implementation); Letter from D. Zachary Champ, PCIA- The Wireless Infrastructure Association, to Marlene H. Dortch, dated June 12, 2015 (addressing barriers to investing in resilient infrastructure and the need for local engagement); Letter from Jeffrey S. Cohen, Chief Counsel, APCO International, to Marlene H. Dortch, dated October 10, 2015 (noting information useful to public safety answering points)(all filings made in PS Docket Nos. 13-239 and 11-60). 7 Id. ¶ 74. 3§ Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. § Paper Filers: Parties that choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. § Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. § U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW, Washington DC 20554. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty). For further information, contact: Renee Roland, Special Counsel, Public Safety and Homeland Security Bureau, at (202) 418-2352, renee.roland@fcc.gov, or Lauren Kravetz, Chief of Staff, Public Safety and Homeland Security Bureau, at (202) 418-7944, lauren.kravetz@fcc.gov. Action by the Chief, Public Safety and Homeland Security Bureau. – FCC –