Federal Communications Commission	DA 23-512



DA 23-512
Released:  June 14, 2023

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ANNOUNCES FILING DEADLINES FOR OPPOSITIONS AND REPLIES THERETO REGARDING A PETITION FOR RECONSIDERATION OF THE 911 OUTAGE NOTIFICATION FOR PSAPS SECOND REPORT AND ORDER 

PS Docket Nos. 15-80 and 13-75; ET Docket No. 04-35

Oppositions Due:  June 26, 2023
Replies to Oppositions Due:  July 5, 2023

By this Public Notice, the Public Safety and Homeland Security Bureau notifies interested parties of the filing deadlines for oppositions, and replies thereto, to a petition for reconsideration of the Second Report and Order on 9-1-1 outage notification for 9-1-1 special facilities, including Public Safety Answering Points (PSAPs) released on November 18, 2022. Amendments to Part 4 of the Commission’s Rules Concerning Disruptions to Communications; Improving 911 Reliability; New Part 4 of the Commission’s Rules Concerning Disruptions to Communications, PS Docket Nos. 15-80 and 13-75; ET Docket No. 04-35, Second Report and Order, FCC 22-88 (Nov. 18, 2022).
  The petition for reconsideration was filed by the Competitive Carriers Associations (CCA). Competitive Carriers Association, Petition for Reconsideration, PS Docket Nos. 15-80 and 13-75; ET Docket No. 04-35 (filed March 17, 2023), https://www.fcc.gov/ecfs/document/1031746539270/1.
 
The Bureau previously announced that oppositions to the petitions for reconsideration must be filed within 15 days after the date on which the Federal Register publishes notice of the filing of the petitions, and that replies to oppositions must be filed within 10 days after the time for filing oppositions has expired. See 47 CFR § 1.429(f); 47 CFR § 1.429(g); see also Petition for Reconsideration of Action in Proceeding, PS Docket Nos. 15-80 and 13-75; ET Docket No. 04-35, Public Notice, Report No. 3195 (CGB May 31, 2023), https://docs.fcc.gov/public/attachments/DOC-393893A1.pdf. 
  The Federal Register published notice of the filing of the petitions for reconsideration on June 9, 2023. See Federal Communications Commission, Petition for Reconsideration, 88 Fed Reg. 37842 (Dec. 22, 2021).
  Accordingly, oppositions to the petitions are due on June 26, 2023, and replies to oppositions are due on July 5, 2023.
Filing Procedures.  Oppositions and replies may be filed using the Commission’s Electronic Comment Filing System (ECFS), or by filing paper copies. See Federal Communications Commission, Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (May 1, 1998).
  Oppositions and replies should refer to PS Docket Nos. 15-80 and 13-75; ET Docket No. 04-35. 

· Electronic Filers:  Comments may be filed electronically using the Internet by accessing the ECFS:  https://www.fcc.gov/ecfs/. 
· Paper Filers:  Parties who choose to file by paper must file an original and one copy of each filing.
· Filings can be sent 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.
o Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.
o Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street, NE, Washington, DC 20554.
· Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings.  This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020).

· During the time the Commission’s building is closed to the general public and until further notice, if more than one docket or rulemaking number appears in the caption of a proceeding, paper filers need not submit two additional copies for each additional docket or rulemaking number; an original and one copy are sufficient.

People with Disabilities.  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 & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

Ex Parte Rules.  This proceeding shall continue to be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules. 47 CFR §§ 1.1200 et seq.
  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 rule 1.1206(b).  In proceedings governed by rule 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. 

Additional Information.  For additional information on this proceeding, contact James Wiley, Cybersecurity and Communications Reliability Division, Public Safety and Homeland Security Bureau, (202) 418–1678, or by email to James.Wiley@fcc.gov, or Shabbir Hamid, Cybersecurity and Communications Reliability Division, Public Safety and Homeland Security Bureau, (202) 418–2328, or by email to Shabbir.Hamid@fcc.gov.
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