Federal Communications Commission	DA 24-380


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Resilient Networks

Amendment to Part 4 of the Commission’s Rules
Concerning Disruptions to Communications

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



PS Docket No. 21-346

PS Docket No. 15-80


ET Docket No. 04-35

ORDER GRANTING EXTENSION OF TIME

Adopted:  April 22, 2024	Released:  April 23, 2024

Revised Comment Date: May 13, 2024
Revised Reply Comment Date: June 12, 2024

By the Chief, Public Safety and Homeland Security Bureau:

1. On January 26, 2024, the Commission released a Second Report and Order and Second Further Notice of Proposed Rulemaking (FNPRM) in the above captioned proceeding to consider additional Network Outage Reporting System (NORS) and/or Disaster Information Reporting System (DIRS) reporting obligations for broadcast entities, satellite providers, FirstNet, and broadband Internet access service (BIAS) providers. Resilient Networks; Amendments of Part of the Commission’s Rules Concerning Disruptions to Communications; New Part 4 of the Commission’s Rules Concerning Disruptions to Communications, PS Docket Nos. 21-346 and 15-80 and ET Docket No. 04-35, Second Report and Order and Second Further Notice of Proposed Rulemaking, FCC 24-5 (rel. Jan. 26, 2024) (FNPRM). 
  A summary of the FNPRM was published in the Federal Register on March 29, 2024, establishing the comment due date of April 29, 2024 and reply comment due date of May 29, 2024. Federal Communications Commission, Amendments to Resilient Networks; Disruptions to Communications; New Considerations Concerning Disruptions to Communications, 89 Fed. Reg. 22106 (Mar. 29, 2024).
  On April 16, 2024, five parties Public Knowledge, the National Association of State Utility Consumer Advocates, New American’s Open Technology Institute, The Utility Reform Network, and Communications Workers of America (Petitioners). 
 jointly requested a 14-day extension of the comment and reply comment deadlines (1) to allow interested parties sufficient time to review the Commission’s order reclassifying broadband as a Title II service which is scheduled to be voted upon at the Commission’s April 25, 2024 agenda meeting; and (2) to avoid conflict with the Passover holiday which falls over a large portion of the FNPRM comment period. Motion for Extension of Time of Public Knowledge, the National Association of State Utility Consumer Advocates, New American’s Open Technology Institute, The Utility Reform Network, and Communications Workers of America , PS Docket Nos. 21-346 and 15-80 and ET Docket No. 04-35 (filed Apr. 16, 2024), https://www.fcc.gov/ecfs/document/104161365101056/1 (Petitioners’ Request). 
  
2. We grant a 14-day extension of the time to file comments and reply comments in this proceeding to afford interested parties a full opportunity to consider the FNPRM’s proposed NORS and DIRS reporting obligations for BIAS providers in light of the draft Open Internet Order’s reclassification of broadband as a Title II service. See Press Release, FCC, FCC Announces Tentative Agenda for April Open Meeting (Apr. 4, 2024), https://www.fcc.gov/document/fcc-announces-tentative-agenda-april-open-meeting-11; Safeguarding and Securing the Open Internet; Restoring Internet Freedom, WC Docket Nos. 23-320 and 17-108, Declaratory Ruling, Order, Report and Order, and Order on Reconsideration, FCC-CIRC2404-01 (rel. Apr. 4, 2024) (Open Internet Order).  
  It is the general policy of the Commission that extensions of time shall not be routinely granted. See 47 CFR § 1.46(a).
  Petitioners observe that “[a] brief delay of two weeks will permit parties to review the [Open Internet Order], and reflect the legal authorities and discussion relating to network resiliency….” Petitioners’ Request at 2.
  Based on the Petitioners’ argument that the vote on the Open Internet Order is so close to the FNPRM’s current comment deadline of April 29, 2024 and overlaps with Passover, however, we conclude that the totality of the circumstances warrants a limited 14-day extension of the comment and reply deadlines to facilitate the development of a comprehensive record in this proceeding.  Interested parties can use this time to develop complete, fully-supported comments and reply comments.  
3. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and sections 0.204, 0.392, and 1.46 of the Commission’s rules, 47 CFR §§ 0.204, 0.392, 1.46, the Motion for Extension of Time of Public Knowledge, the National Association of State Utility Consumer Advocates, New American’s Open Technology Institute, The Utility Reform Network, and Communications Workers of America filed on April 16, 2024 IS GRANTED for the reasons described herein.
4. IT IS FURTHER ORDERED that the date for filing comments on the FNPRM IS EXTENDED to May 13, 2024, and the date for filing reply comments on the FNPRM IS EXTENDED to June 12, 2024. We note that the Petitioners’ Request sought a 14-day extension of the reply comment due date until June 11, 2024.  Petitioners’ Request at 1, 3.  However, given that 14 days after the current reply comment deadline of May 29, 2024 is June 12, 2024, we therefore establish June 12, 2024 as the new reply comment deadline.   

FEDERAL COMMUNICATIONS COMMISSION




Debra Jordan
Chief
Public Safety and Homeland Security Bureau



2