FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Cory Booker United States Senate 141 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Booker: October 26, 2015 Thank you for your letter expressing your support for the ongoing national transition from legacy phone networks to modern, IP-based communications networks. As you rightly observe in your letter, the transition offers the exciting, near-term prom ise of high-speed vo ice, video and data services to our nation's consumers and businesses. That said, we also share your concern regarding the need to ensure that the promises of this "tech transition" are realized by all Americans, including our nation ' s most vulnerable populations . The Commission shares your commitment in this regard and appreciates your inquiry into how we might collaborate on achieving our mutual aims. Specifically, your letter requests that the Commission examine the consequences of power outages through the IP transition and make recommendations to Congress on how the public and private sectors can ensure continuity of broadband services in emergency cond itions that involve commercial power outages (e.g. , through emergency backu p batteries). It is critical, as you suggest, that a ll stakeholders understand their respective roles in lessening any potential negative impact of the IP transition on essential services. This includes proactive efforts by our nation 's communications service providers to ensure adequate consumer awareness of the impact of emergency conditions and power outages on their IP-enabled services, as well as how consumers might best be able to maintain service continuity under those conditions. In that vein, I would like to discuss one example of our eff01is to meet those challenges below. As you recognize in your letter, one of the benefits of legacy telecommunications is the provision of backup power to ensure continuous dial tone access in event of commerc ia l power outages. Consumers have a long history of expecting of such backup power for their residentiallandline phones. ln August, we adopted rules to ensure the continuity of most 911 home voice service (that is, fac ilities­ based, fixed, voice residential service that is not line powered) during power outages. 1 Under these rules, providers of modern vo ice home services must offer consumers the option to purchase a backup sol ution capable of eight hours of standby power and, within three years, an additional solution capable of24 hours of standby power.2 Providers must also info rm customers about serv ice limitations during electric outages and the steps they ca n take to ad dress these risks. Recogniz in g the importance of consumer choice, the Ensuring Continuity oj9 11 Communications R&O directs the provi sion of backup power for modern home voice services only if the subscriber so chooses and agrees to pay for it. We especially look forward to working with Congress in crafting workable so lutions for the nation 's most vulnerable citizens and in recommending how public and private sectors can support emergency backup power options. We recognize that for most Americans, continuity of communications can be achieved through a number of consumer options. We further recogni ze, however, that for Americans with limited means, there may not be a cred ibl e consumer-oriented choice that is also 1 Ensuring Continuity of Communications, et. a!. , PS Docket Nos. 14- 174 eta!. Report and Order, 30 FCC Red 8677 (20 15) (Report and Order). 2 Report and Order, 30 FCC Red at 8687-88, para. 31. Page 2-The Honorable Cory Booker affordable. Thus far, we have been encouraged by proactive industry efforts in this regard . We will continue to explore how we can incentivize private industry support of backup power, including working together with our sister agencies to promote innovation and development of technical solutions. There is more we can do. There is room for additional public/private partnerships, futiher research, and innovation by all stakeholders to ensure that the technology transition does not negatively impact access to critical services. We recognize the need to address the challenges faced by our nation ' s most vulnerable citizens. We would welcome additional Congressional measures that would offer assistance with the cost of backup power for vulnerable populations, among other similar efforts and actions. We will continue to explore the options and would look forward to working together with you and your staff on this matter in the future.