Federal Communications Commission FCC 15-98
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Ensuring Continuity of 911 Communications
)
)
)
)
PS Docket No. 14-174
REPORT AND ORDER
Adopted:  August 6, 2015 Released: August 7, 2015
By the Commission: Chairman Wheeler and Commissioners Clyburn, Rosenworcel, and Pai issuing 
separate statements; Commissioner O’Rielly concurring and issuing a statement.
TABLE OF CONTENTS
I. INTRODUCTION AND SUMMARY................................................................................................... 1
II. BACKGROUND.................................................................................................................................... 6
III. DISCUSSION ........................................................................................................................................ 8
A. Need for Line Powering or an Alternative Source of Power During Outages............................... 10
B. Covered Services ........................................................................................................................... 23
C. Responsibilities of Providers of Covered Services ........................................................................ 30
1. Performance Requirements ..................................................................................................... 31
a. Duration ............................................................................................................................ 31
b. Methods of Provisioning Backup Power .......................................................................... 39
c. Battery Monitoring and Maintenance ............................................................................... 41
d. No Obligation to Retrofit .................................................................................................. 43
e. Compensation and Costs for Providing Backup Power .................................................... 44
2. Subscriber Disclosure Obligations .......................................................................................... 48
a. Need for Subscriber Disclosure Obligations..................................................................... 48
b. Minimum Information Elements....................................................................................... 57
c. Availability of Required Information ............................................................................... 69
3. Community Outreach .............................................................................................................. 78
D. Legal Authority.............................................................................................................................. 83
E. Sunset Date .................................................................................................................................... 91
IV. PROCEDURAL MATTERS................................................................................................................ 92
A. Final Regulatory Flexibility Act Analysis ..................................................................................... 92
B. Paperwork Reduction Act Analysis ............................................................................................... 93
C. Congressional Review Act............................................................................................................. 95
D. Implementation .............................................................................................................................. 96
V. ORDERING CLAUSES..................................................................................................................... 100
APPENDIX A – List of Commenting Parties
APPENDIX B – Final Regulatory Flexibility Analysis
APPENDIX C – Final Rule
Federal Communications Commission FCC 15-98
2
I. INTRODUCTION AND SUMMARY
1. In this Report and Order, the Federal Communications Commission (FCC or 
Commission) takes important steps to ensure continued public confidence in the availability of 911 
service by providers of facilities-based fixed, residential voice services in the event of power outages.
1
    
2. For over one hundred years, consumers have trusted that they will hear a dial tone in an 
emergency even when the power is out.  Now, as networks transition away from copper-based, line-
powered technology, many are aware of the innovation this transition has spurred in emergency services, 
but many consumers, remain unaware that they must take action to ensure that dial tone’s availability in 
the event of a commercial power outage.  The Commission’s own consumer complaints portal reveals 
frustration over the failure of service providers to adequately inform subscribers about how to self-
provision backup power in order to access 911 services in a power outage.  This period of transition has 
the potential to create a widespread public safety issue if unaddressed.
3. Accordingly, we create new section 12.5 of our rules to place limited backup power 
obligations on providers of facilities-based fixed, residential voice services that are not line-powered to 
ensure that such service providers meet their obligation to provide access to 911 service during a power 
outage, and to provide clarity for the role of consumers and their communities should they elect not to 
purchase backup power.  To be sure, many providers of residential voice communications already offer 
some level of backup power to consumers.  However, the vital importance of the continuity of 911 
communications, and the Commission’s duty to promote “safety of life and property through the use of 
wire and radio communication,”
2
favor action to ensure that all consumers understand the risks associated 
with non-line-powered 911 service, know how to protect themselves from such risks, and have a 
meaningful opportunity to do so.  Specifically, we require all providers of facilities-based, fixed, voice 
residential service that is not line powered
3
-- including those fixed applications of wireless service 
offered as a “plain old telephone service” (POTS) replacement -- to offer new subscribers the option to 
purchase a backup solution that provides consumers with at least 8 hours of standby power during a 
commercial power outage, which will enable calls to 911.
4
  In addition, we require these providers to 
offer, within three years of the effective date of the eight hour obligation, at least one option that provides 
a minimum of 24 hours of 911 service.  
4. Additionally, we require all providers of facilities-based, fixed, voice residential service 
that is not line-powered to notify subscribers, at the point of sale and annually thereafter until September 
1, 2025, of the availability of backup power purchasing options, use conditions and effect on power 
source effectiveness, power source duration and service limitations, testing and monitoring, and 
replacement details.  Additionally, we direct the PSHSB to work with CGB to develop, prior to the 
implementation date of these rules for smaller providers, as herein defined, non-binding guidance with 
respect to the required notifications to subscribers.  We limit these obligations to ten years as that should 
be enough time to ensure that overall consumer expectations regarding residential voice communications 
are aligned with ongoing technology transitions.
                                                     
1
Unless otherwise noted, all citations to comments or ex parte filings in this Report and Order refer to filings in PS 
Docket No. 14-174.
2
47 U.S.C. § 151.
3
A provider currently offering line-powered service is subject to these rules to the extent it offers a covered non-
line-powered service while these rules are in effect.
4
The backup power offered for purchase under our rule must include power for all provider-furnished equipment 
and devices installed and operated on the customer premises that must remain powered in order for the service to 
provide 911 access.  As noted below, our rule does not extend this obligation to cordless telephones purchased by 
the homeowner.
Federal Communications Commission FCC 15-98
3
5. Finally, we encourage covered providers to conduct tailored outreach to state and local 
disaster preparedness entities to ensure that consumables and rechargeable elements associated with 
backup power technical solutions deployed in their area are well understood so that communities may 
prioritize restocking and/or recharging in response to extended power outages.
5
II. BACKGROUND
6. Our Nation’s communications infrastructure and the services available to consumers are 
undergoing technology transitions.  The Commission has recognized that these transitions will bring 
enormous benefits to consumers, but also that they raise important questions about how to appropriately 
carry out our obligations set forth in the Communications Act, including promoting public safety and 
national security, and protecting consumers.
6
  
7. To further these statutory objectives, in November 2014, the Commission adopted a
Notice of Proposed Rulemaking (Notice) seeking to ensure reliable backup power for consumers.
7
.  
Specifically, the Commission sought comment on the "communications services we should include within 
the scope of any backup power requirements we may adopt" and "propose[d] that any potential 
requirements would apply to facilities-based, fixed voice residential services, such as interconnected 
Voice over Internet Protocol (VoIP), that are not line-powered by the provider."
8
  The Commission 
proposed that "providers should assume responsibility for provisioning backup power that is capable of 
powering network equipment at the subscriber premises during the first 8 hours of an outage" but sought 
comment on what should happen in the event of an extended commercial power outage.
9
  The 
Commission also recognized the importance of outreach to consumers on the effect of commercial power 
outages to their communications services and sought comment on effective consumer notification.
10
III. DISCUSSION   
8. Communications services play an essential role in the delivery of public safety services, 
particularly 911, and that role is especially prominent during emergencies that lead to power outages.  In 
the Notice in this proceeding, we sought comment on the means to ensure that consumers have access to 
minimally essential communications, including 911 calls and telephone-based alerts and warnings, during 
a loss of commercial power.
11
  In this Report & Order, we take steps toward that goal by establishing 
clear lines of responsibility for ensuring continued 911 service during such commercial power outages 
and by: (1) establishing a phased-in obligation for the offering of backup power solutions to consumers; 
and (2) requiring covered providers to engage in disclosure of the risks associated with these outages and 
steps consumers may take to address those risks.
9. As discussed in greater detail below, we require that providers of non-line-powered 
facilities-based, fixed, voice residential service, including fixed wireless service intended as POTS 
                                                     
5
We defer action on issues raised in the Notice of Proposed Rulemaking regarding backup power for other services.  
Ensuring Customer Premises Equipment Backup Power for Continuity of Communications, et al., PS Docket No. 
14-174, et al., Notice of Proposed Rulemaking and Declaratory Ruling, 29 FCC Rcd 14968, 14975 para. 11 (2014) 
(Notice).
6
See generally Notice; Technology Transitions, et al., GN Docket No. 13-5 et al., Order, Report and Order and 
Further Notice of Proposed Rulemaking, Report and Order, Order and Further Notice of Proposed Rulemaking, 
Proposal for Ongoing Data Initiative, 29 FCC Rcd 1433, 1435 para. 1 (2014) (Technology Transitions Order).
7
Notice, 29 FCC Rcd at 14975-76, 14987, paras. 11-13, 33.
8
Id. at 14987, para. 33.
9
Id. at 14987, para. 35; 14990, para. 40.
10
Id. at 14990, para. 39.
11
Id. at 14988, para. 34 (seeking comment on what services should be considered “minimally essential” for 
purposes of continuity of power).
Federal Communications Commission FCC 15-98
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replacement, offer, at the subscriber’s option and expense, a backup power solution that provides 911 
access for 8 hours in the event of commercial power loss.  Within three years, providers must also offer a 
24-hour backup power solution.  We also require covered providers to explain at point of sale how the 
subscriber may extend the provision of backup power during longer, multi-day outages through devices 
such as solar chargers, car chargers or mobile charging stations and to direct customers to sources of such 
equipment.  No provider will be required to install backup power unless requested by, and at the expense 
of, the subscriber, and no subscriber will be forced to purchase unwanted equipment.  Rather, our rules 
will ensure that subscribers who so elect can obtain backup power simply and conveniently when 
activating a covered service.  In addition, in order to ensure that consumers are adequately informed in 
determining whether to make this election, we adopt disclosure requirements designed to ensure that 
subscribers are aware of the backup power options available for their service, including installation and 
other usage instructions.  We also encourage, but do not require, providers to conduct tailored outreach to 
state and local disaster preparedness entities to ensure that consumables associated with their backup 
power technical solutions are well understood so that communities may prioritize restocking and/or 
recharging in support of extended power outages.
A. Need for Line Powering or an Alternative Source of Power During Outages
10. In the Notice, we noted that, in the past, consumers have relied upon service providers for 
backup power for their residential landline phones.
12
  That is, equipment on the subscriber premises of 
those still served by copper networks continued to work during commercial power outages as long as the 
handset or other subscriber premises equipment did not need to be plugged into an electrical outlet to 
function.  We proposed and sought comment on steps we could take to safeguard continuity of 
communications throughout a power outage across networks that provide residential fixed voice service 
used to dial 911, including the possible adoption of new rules.
13
  Based on the record of this proceeding, 
we conclude that in order to ensure the availability of 911 service in the provision of facilities-based, 
fixed, voice residential services during power outages, we must adopt rules to require, among other 
things, either line powering or (at the subscriber’s option and expense) an alternative means of 
maintaining 911 access during commercial power outages.
11. During a power outage, many subscribers must rely on a battery back-up, or an 
uninterruptible power supply (UPS),
14
to ensure that their service will continue to operate.  That is, many 
subscribers cannot rely on the availability of continuous power that is sufficient to provide basic 
telephony indefinitely in their homes.
15
  Specifically, modern fiber and cable networks do not provide 
power to operate necessary equipment at the subscriber location, including network devices (e.g., cable 
modems, optical network terminals) and telephones.
16
  The deployment of a VoIP service requires that 
                                                     
12
Id. at 14975, para. 11; see also Communications Security, Reliability, and Interoperability Council (CSRIC), Final 
Report – CPE Powering at 5 (2014), available at 
https://transition.fcc.gov/pshs/advisory/csric4/CSRIC%20WG10%20CPE%20Powering%20Best%20Practices%20F
inal%20Draft%20v2%20082014.pdf (CSRIC Report).  CSRIC is a multi-stakeholder advisory body charged with 
making “recommendations to the FCC regarding ways it can strive for security, reliability, and interoperability of 
communications systems.” See FCC, CSRIC Charter, 
https://transition.fcc.gov/bureaus/pshs/advisory/csric5/CSRIC_Charter_Renewal_2014.pdf.
13
Notice 29 FCC Rcd at 14969, para. 2.
14
See ENERGY STAR® Program Requirements, Product Specification for Uninterruptible Power Supplies (UPSs)
https://www.energystar.gov/ia/partners/prod_development/new_specs/downloads/uninterruptible_power_supplies/E
S_UPS_V1_Draft1_Specification.pdf?0544-2a1e (defining a UPS as: “Combination of convertors, switches, and 
energy storage devices (such as batteries) constituting a power system for maintaining continuity of load power in 
case of input power failure.”).
15
Notice, 29 FCC Rcd at 14987, para. 33.
16
See id.; CSRIC Report at 8.
Federal Communications Commission FCC 15-98
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analog voice signals be converted to IP, using a voice codec.
17
  The most commonly deployed model for 
VoIP services in the United States places the Analog Telephone Adapter (ATA) in a network device that 
is installed inside of the living unit.  This ATA function is commonly used in hybrid fiber coax cable 
networks that use embedded multimedia terminal adapters (eMTA), twisted pair telephone (DSL) 
networks and increasingly Fiber-to-the-Home (FTTH) Optical Network Units (ONUs), also called Optical 
Network Terminals (ONTs).
18
  Voice codecs support voice, fax, and other legacy TDM services over IP, 
and their function is sometimes referred to as the ATA.
19
  Network devices with the embedded ATA 
function are powered directly by AC power or through a UPS that converts AC to DC power.
20
  
According to the CSRIC report, in other use cases, the ATA function is being placed in consumer owned 
devices, creating more challenges for battery backup of VoIP services.
21
  
12. Given that consumers are increasingly relying on new types of service for residential 
voice communications, and that in many areas traditional line-powered 911 service is now, or is soon 
likely to be, no longer be available,
22
the Notice asked whether it was reasonable for providers to continue 
to bear primary responsibility for backup power, and if so, to what extent.
23
  We also stated that it was our 
intention to:  (1) establish clear expectations for both providers and subscribers as to their responsibilities 
throughout the course of an outage; and (2) minimize potential for lapses in service because of subscriber 
confusion or undue reliance on the provider with respect to backup power for equipment at the subscriber 
premises.
24
  The Notice communicated a desire to adopt baseline requirements for ensuring continuity of 
power for devices at the subscriber location during commercial power outages.
25
  We acknowledged that 
backup power is not solely a copper retirement issue.
26
  Thus, we intended to address backup power at the 
subscriber premises also for those who have already migrated or been transitioned to an IP-based 
network.
27
  
13. We adopt the rules that follow because we believe that it is essential for all consumers to 
be able to access 911 emergency services during commercial power outages, especially those outages 
caused by catastrophic storms or other unpredictable events, and to understand how to do so.  Ensuring 
the ability to maintain such service is a vital part of our statutory mandate to preserve reliable 911 service, 
and more generally, our statutory goal to promote “safety of life and property through the use of wire and 
radio communication.”
28
We agree with the National Association of State Utility Consumer Advocates 
(NASUCA) that it is unlikely that our concerns would be adequately addressed without the adoption of 
regulatory requirements.
29
  We are supported in our conclusion by commenters such as the Pennsylvania 
Public Utility Commission (PA PUC), which urges the Commission to adopt baseline requirements for 
ensuring continuity of power during commercial power outages applicable to providers of interconnected 
                                                     
17
CSRIC Report at 6.
18
Id. at 8.
19
Id. at 8.
20
Id. at 8.
21
Id. at 6.  
22
Notice, 29 FCC Rcd at 14976, para. 13.
23
Id. at 14988, para. 35.
24
Id. at 14987, para. 32.
25
Id.
26
Id. at 14976, para. 13
27
Id.
28
47 U.S.C. § 151.
29
NASUCA Reply at 8.
Federal Communications Commission FCC 15-98
6
VoIP-based services that do not provide line power at their central office, but rather rely on backup 
power.
30
14. Specifically, we find that public safety officers, first responders and other public officials 
have a need to communicate with citizens through whatever means possible, and 911 service plays an 
important role in this regard.
31
Indeed, consumer advocates and 911 providers emphasize the need to 
adopt robust backup power requirements to ensure public safety.
32
For example, Public Knowledge notes 
that right now consumers of traditional landline service are “guaranteed backup power during power 
outages” and “many consumers keep their landline service specifically to retain this feature.”
33
   Public 
Knowledge further states that, “[w]ith the advent of cordless phones the only time the consumer worried 
about backup batteries was for their cordless phone or they simply retained a traditional phone to use 
during emergencies.”
34
  
15. NASUCA and many other commenters agree that Commission action will help preserve 
consumers’ ability to access 911 service.
35
  Specifically, NASUCA “fully supports the Commission’s 
determination to ensure reliable backup power for consumers of IP-based voice and data services across 
networks that provide residential, fixed service that substitutes for and improves upon the kind of 
traditional telephony used by people to dial 911.”
36
  According to NASUCA, “[b]ackup power 
requirements will help ensure that service will continue in a power outage.”
37
The National Association of 
State 911 Administrators (NASNA) similarly observes that “[t]he transition from legacy copper loops to 
other network technologies means that an important safety net—Central Office provisioning of line power 
                                                     
30
Pennsylvania Public Utility Commission (PA PUC) Comments at 8.  See also New York Public Safety 
Commission (NYPSC) Comments at 4 (stating that “where line equipment normally requires commercial power, the 
FCC should require that companies provide contingent backup power to ensure that network availability is 
maintained during commercial power outages). 
31
See CSRIC Report at 19.
32
See Public Knowledge, Appalshop, Benton Foundation, Center for Media Justice, Center for Rural Strategies, 
Common Cause, The Greenlining Institute, Media Action Center, Media Literacy Project, National Consumer Law 
Center (on behalf of its low-income clients), New America Foundation Open Technology Institute, Rural Broadband 
Policy Group, and TURN (The Utility Reform Network) (jointly, “Public Knowledge et al.”) Comments at 21-28. 
For ease of reference, these joint commenters may also be referred to in this document as “Public Knowledge.” See 
also Intergovernmental Advisory Committee Recommendation 2013-5, “Response to Technology Transitions Task 
Force Request for Comments on Potential Trials of Transitions to Internet Protocol Based Networks,” adopted July 
8, 2013, at 3 available at https://transition.fcc.gov/statelocal/recommendation2013-05.pdf (asserting that all new 
technologies must maintain system resiliency, especially with respect to power supply, that powering of copper 
legacy networks separate from the electric grid historically helped to make them extremely resistant to power 
outages, ad that “uninterrupted, resilient, extended-use power for telephone access must be available in the interest 
of public safety.”).
33
See Public Knowledge Reply at 6. Although Public Knowledge’s filing is styled “Comments,” it was filed after 
the deadline for initial comments and is thus referred to in this document as a “Reply.”
34
Id. at 8.
35
See e.g. NASUCA Comments at 2; Communications Workers of America (CWA) Comments at 1; AARP 
Comments at 23 (arguing that network providers that offer voice services must be responsible for provisioning 
services that are consistent with public safety objectives and that the lack of backup power for CPE places 
consumers, their neighbors, and first responders at risk); PA PUC Comments at 5 (arguing that it is imperative that 
consumers who have either migrated or been transitioned to an IP-based network or new facilities continue to have 
reasonable CPE backup power alternatives as a means to ensure continuity of communications throughout a 
commercial power outage).
36
NASUCA Comments at 2.
37
Id.
Federal Communications Commission FCC 15-98
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to the subscriber premises—will disappear unless the Commission takes action to mitigate it.”
38
  The 
Communications Workers of America (CWA) asserts that CWA, consumer organizations, state regulatory 
commissions, and public safety associations “support Commission proposals to facilitate the transition to 
high-speed broadband networks, protect consumers and promote public safety by upgrading Commission 
rules regarding back-up power, network changes, and service discontinuance.”
39
  
16. We agree that this period of transition gives rise to the need for “upgrading Commission 
rules.”  We observe that the consumers most at risk of losing continuity of 911 communications during 
commercial power outages are those in the midst of transitioning from legacy copper, or that are new to 
non-copper media, because they may currently assume they will be able to reach 911 during a power 
outage.  For example, Public Knowledge asserts that “the new technologies with which AT&T and 
Verizon propose to replace traditional POTS are not self-powered, do not work with vital devices on 
which consumers rely, and are not available in every community.”
40
Public Knowledge further argues 
that, “[w]hile technology transitions hold tremendous promise for a state-of-the-art communications 
network, the loss of guaranteed backup power or shifting backup power responsibility to the consumer are 
serious changes that could end up creating a network that serves some and not others.”
41  
17. We agree with the commenters who assert that transitions to new technology should not 
result in 911 service being more vulnerable than when consumers used the legacy network.
42
  As we 
stated in the Notice, the absence of line powering for some voice services (such as those provided by 
cable companies) was not an issue that needed to be addressed when legacy line-powered network options 
were widely available, but it must be addressed as more and more residential subscribers are faced with 
only VoIP and other residential IP-based services (or legacy services delivered over fiber) as options, 
because these services typically will require a backup power source to function during power outages.
43
  
Accordingly, we focus our requirements to support the continued transmission of 911 communications for 
service that will no longer have line powering capabilities. Because of the importance of the continuity of 
911 communications, we also include under the new requirement providers that may have never provided 
line powering, but that provide services intended to replace traditional POTS services on which 
consumers have relied for continuous access.  With the accelerating transition to new technologies, 
consumers of these services will no longer have competitive alternatives that come with line-powering 
capabilities.    
18. We reiterate our observation in the Notice that adequate and reliable access to 911 
services and functionalities during emergency conditions is a long-standing public policy objective.  
Although we recognize that we are in the midst of sweeping change, we believe that voice 
communications continue to play an essential and central role in the delivery of public safety services,
44
and that this role does not diminish during events that cause power outages.  Indeed, it is at these times 
that consumers most need to know that they will be able to use their home telephone to get help through 
911.  
19. We recognize that, as noted by some commenters, many users of interconnected VoIP 
service may well be unconcerned about backup power, choosing instead to rely on their mobile phones or 
                                                     
38
National Association of State 911 Administrators (NASNA) Comments at 1-2.
39
CWA Comments at 1 (emphasis added).
40
Public Knowledge Reply at 7.
41
Id. at 6.
42
See, e.g., id.
43
Notice, 29 FCC Rcd at 14987, para. 33.
44
See, e.g., id. at 14975, para. 12.
Federal Communications Commission FCC 15-98
8
alternative backup sources.
45
Nonetheless, because of the critical nature of 911 communications, we are 
not persuaded by the argument that there is no need for action to ensure the continuity of 911 
communications to homes across the country.  Nor are we convinced that we should abandon this effort 
because of claims that consumer expectations, which have developed over decades, are already reset such 
that they no longer expect their home phone to work during power outages.
46   
Consumers who have yet to 
abandon (or who have only recently abandoned) line-powered service may not have had their 
expectations “reset.”  At this time of transition, it is these consumers who are more likely to mistakenly 
believe that they can access emergency services during a power outage when the line power option had 
already been eliminated.
20. We find merit in NASUCA’s argument that the public interest requires the industry to be 
responsible for ensuring that its subscribers at least have some option to purchase backup power, either 
from the service provider or a third party.
47  
Therefore, as more fully discussed below, we conclude that 
the public interest would be best served by ensuring the option for continued access to backup power to 
maintain continuity of 911 communications during a loss of commercial power. 
21. We have previously recognized that the benefits associated with reliable 911 service are 
substantial.
48
  The provision of backup power for network equipment at the subscriber premises promotes 
the “safety of life and property through the use of wire and radio communication,”
49
by enabling 911 calls 
for subscribers of the covered services, when the power is out.  Specifically, the rules we adopt today will 
preserve safety of life by enabling the use of VoIP and other non-line powered services to contact 911 in a 
commercial power outage, which is what millions of Americans have come to expect from their “home 
phone.”
50
We expect that providing the option for at least 8 hours of backup power would ensure the 
ability to make many life-saving 911 calls during commercial power outages.
51
  Therefore, we find, as we 
                                                     
45
See, e.g. Corning Comments at 2-6; AT&T Comments at 12.
46
See, e.g. ADTRAN Comments at 17-21 (asserting that historically the monopoly telephone service provider 
offered the service, CPE and power; and this model and the related expectations no longer exists); American Cable 
Association (ACA) Comments at 5-7 (arguing that the voice service market has evolved and consumers have 
already shifted from line power copper to use of wireless and wireline technologies with backup power capabilities); 
and Telecommunications Industry Association (TIA) Comments at 5 (noting that consumers understand the trade-
offs between legacy devices that did not require their being involved in powering them, and mobile and non-tethered 
services).
47
NASUCA Reply at 4.
48
In The Matter Of Improving 911 Reliability, Reliability And Continuity Of Communications Networks, Including 
Broadband Technologies, PS Docket Nos. 13-75, 11-60, Report and Order,  28 FCC Rcd 17476, 17500-03, paras. 
73-79 (2013) (Improving 911 Reliability Report and Order); In The Matter Of Facilitating The Deployment Of Text-
To-911 And Other Next Generation 911 Applications Framework for Next Generation 911 Deployment, PS Docket 
Nos. 11-153, 10-255, Second Report and Order and Third Further Notice of Proposed Rulemaking, 29 FCC Rcd. 
9846, 9852-57,  paras. 12-22 (2014) (Facilitating the Deployment of Text-To-911 Second Report and Order); 
Wireless E911 Location Accuracy Requirements, PS Docket No. 07-114, Fourth Report and Order, 30 FCC Rcd 
1259, 1316-20, paras. 158-66 (2015).
49
47 U.S.C. § 151.
50
Notice, 29 FCC Rcd at 14975, para. 11.
51
Even if just one life is saved per year through any of these associated benefits, the benefits to the nation could be 
calculated at $9.1 million.  The value of a statistical life (VSL) is currently estimated at $9.1 million.  See
Memorandum from Polly Trottenberg, Under Secretary for Policy, Office of the Secretary for Transportation, and 
Robert S. Rivkin, General Counsel, Department of Transportation, Guidance on Treatment of the Economic Value 
of a Statistical Life in U.S. Department of Transportation Analyses at 1 (Feb. 28, 2013), 
http://www.dot.gov/sites/dot.gov/files/docs/VSL Guidance_2013.pdf  (DOT Guidance on Economic Value of a 
Statistical Life).  The Department of Transportation defines VSL as “the additional cost that individuals would be 
(continued….)
Federal Communications Commission FCC 15-98
9
have before, that “[r]eliable 911 service provides public safety benefits that, while sometimes difficult to 
quantify, are enormously valuable to individual callers and to the nation as a whole.”
52
  
22. We have also previously found that greater access to 911 enables other public safety-
related benefits as well.  The Commission’s “Text-to-911” proceeding concluded that increasing access to 
911 “could yield other benefits, such as reduced property losses and increased probability of 
apprehending criminal suspects.
53
  Also, the increased ability to place 911 calls necessarily means that 
there is an increased ability to receive calls in an emergency, including calls from public entities 
attempting to disseminate important information during widespread emergencies (such as evacuation 
notices).
54
  Many communities have installed such a function that “has proven to be effective in other 
counties and cities, such as San Diego during the fires of 2007.”
55
  
B. Covered Services
23. In the Notice, we sought comment to help identify the most essential communications 
services that a customer would need to get emergency help during a power outage.  We referred to this in 
the Notice as “minimally essential” communications.
56
  We intended to afford sufficient power for 
minimally essential communications, including and especially 911 calls and the receipt of emergency 
alerts and warnings.
57
   
24. We also noted that voice services historically have been the primary means of contacting 
911 for emergency help.
58
  Moreover, we observed that line-powered service can operate continuously 
and indefinitely during a commercial power failure, and does not require a backup power source to 
maintain continuity of communications for access to 911. Thus, we proposed that any rules apply “to 
facilities-based, fixed voice services, such as interconnected VoIP, that are not line-powered by the 
provider.”
59
25. Consistent with this proposal, we conclude that it would be in the best interest of the 
public to apply our rules to facilities-based, fixed voice services, such as interconnected VoIP, that are not 
line-powered by the provider.
60
  Our conclusion is based on the fact that, as we stated in the Notice, voice 
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willing to bear for improvements in safety (that is, reductions in risks) that, in the aggregate, reduce the expected 
number of fatalities by one.” Id. at 2.  
52
Improving 911 Reliability Report and Order, 28 FCC Rcd at 17500, para 73. 
53
Facilitating the Deployment of Text-To-911 Second Report and Order, 29 FCC Rcd at 9862, para. 33 (“For 
example, property losses may be reduced if text-to-911 is used to promptly inform authorities of a fire, thereby 
enabling the fire department to reach the emergency sooner.”); id. at n.95.   
54
See infra para. 81.
55
Areej M. Sadhan, Evaluating the Reverse 9-1-1 System in Santa Clara County: Does the Process Work? at 50 
(2014), http://scholarworks.sjsu.edu/cgi/viewcontent.cgi?article=1378&context=etd_projects; see also, e.g., Salt 
Lake Valley Emergency Communications Center, Reverse Phone Notification for Herriman Wildfire (Sept. 21, 
2010), http://vecc9-1-1.com/reverse-phone-notification-for-herriman-wildfire/.
56
Notice, 29 FCC Rcd at 14988, para. 34.
57
Id.
58
Id.
59
Id. at 14987, para. 33.
60
We note that in adopting the rules in this order, we do not need to make, nor are we making, any new broader 
finding concerning the jurisdictional nature of interconnected VoIP or state authority with respect to interconnected 
VoIP.  See, e.g., IP-Enabled Services; E911 Requirements for IP-Enabled Service Providers, WC Docket Nos. 05-
196, 04-36, First Report and Order and Notice of Proposed Rulemaking, 20 FCC Rcd. 10245, 10261-66, ¶ 26 (2005) 
(continued….)
Federal Communications Commission FCC 15-98
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service is still the primary means of reaching help through 911.
61
  We clarify that a wireless voice service 
is “fixed” for purposes of our rules if it is marketed as a replacement for line-powered telephone service 
and is intended primarily for use at a fixed location.  We further clarify that whether a wireless service is 
“fixed” does not depend on the regulatory classification of the service under Federal or state law, or on 
the mobile capabilities of the service.  Similarly, the use of a femtocell or similar equipment in a 
residential setting does not automatically convert a mobile service into a fixed service.  The decisive 
factor is whether the service is intended to function as or substitute for a "fixed" voice service. 
26. Although the rule we adopt today would allow for calls other than to or from 911, we find 
there is not currently a means to prioritize the provision of power for only some voice calls (such as 911 
calls) over other communications (such as calls to friends and family).  Many commenters generally agree 
that there is no practical way to maintain power for only some calls.  For example, according to Verizon, 
calibrating a provider’s battery backup obligations and capabilities based upon essential versus non-
essential calls would be inconsistent with consumer’s expectations, and unnecessarily complex.
62
  ITTA, 
the Alarm Industry Communications Committee (AICC), NASUCA, and others argue that it would be 
technically difficult, if not impossible, to distinguish among certain types of calls or functions in a way 
that would allow rapid load-shedding of non-essential communications to conserve backup power, if 
minimally essential communications were defined as only 911 or emergency communications.
63
  
27. Some commenters argue for an even broader definition of covered services, citing 
various examples.
64
  Although we recognize that limiting the definition as we have done omits some
services on which consumers currently rely in emergencies, we expect that both the consumer backup 
power needs and our rules will evolve.
65
  More importantly, we do not more broadly define covered 
services because we find that at this time it would be in the best interests of the public to limit application 
of our rules to discharge our statutory duty to ensure the continued viability of 911.  Imposing specific 
obligations on providers to support other communications could introduce confusion and impose costs on 
providers that may well exceed the incremental benefits.  This is particularly true given the many backup 
power solutions on the market today that are capable of supporting both essential and non-essential 
communications. 
28. We reject the argument of NCTA and others that adopting backup power rules 
exclusively for fixed services unduly favors competing mobile services.  The rules we adopt herein are 
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(requiring interconnected VoIP providers to comply with E911 requirements “regardless of the regulatory 
classification” of such services).
61
Notice, 29 FCC Rcd at 14988, para. 34.
62
Verizon Reply at 11.
63
See, e.g., Alarm Industry Communications Committee (AICC) Comments at 6; ITTA Comments at 21; NASUCA 
Comments at 10.
64
For example, AARP notes that voice is only one element of a growing set of communication applications that will 
include a variety of connected devices that enable real-time communication and monitoring.  AARP Comments at 
11.  Appalshop, Inc. stresses the need for support and function of other devices that consumers and businesses have 
come to rely on, such as, but not limited to, heart monitors, security alarms, medical emergency alarms, devices that 
provide access to technology for people with disabilities, credit card machines, and fax machines.  Appalshop 
Comments at 3.  And, still others have expressed concern about the extent to which limited backup power will be 
able to support broadband communications that are needed specifically to sustain IP-based relay services in the 
event of a power outage in an IP environment. 
65
See Association of Public-Safety Communications Officials-International, Inc. (APCO) Comments at 3 (noting 
that ideally, all NG-9-1-1 capabilities should be considered minimally essential; however, at least initially, multi-
media capabilities could become a drain on limited back-up power capabilities for CPE; and should that be the case, 
at least voice calls and texts to 9-1-1 should be considered minimally essential communications, with the eventual 
goal of including all NG9-1-1 capabilities.).
Federal Communications Commission FCC 15-98
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intended to clarify the obligations of providers and the expectations of consumers in the provision of 
services that a customer would perceive as replacing line-powered telephone service.  Mobile wireless 
services increasingly compete with fixed services, but they function differently in multiple respects.  
Perhaps most significantly, mobile wireless devices are battery-powered in their normal mode of 
operation.  Thus, we do not believe that consumers would reasonably expect such devices to draw line 
power during a commercial power failure.  Moreover, the battery that powers a mobile device provides an 
inherent source of "backup power" that is often capable of providing far more than 8 hours of service per 
charge, and often may be charged through additional means, such as a car charger.
29. Therefore, we conclude that, at this time, the appropriate services that should be subject 
to backup power requirements for effective 911 service during power outages are facilities-based, fixed 
voice service that is not line-powered by the providers, and is offered as a residential service.   
C. Responsibilities of Providers of Covered Services
30. To promote clear expectations and customer choice, we adopt a combination of 
performance and disclosure requirements to empower consumers to understand the backup power options 
available to maintain continuity of 911 service and to obtain the equipment necessary to provide such 
service, if they wish, at the point of sale. Providers of covered services must offer at least one technical 
solution capable of supporting at least 8 hours of uninterrupted 911 service and install such equipment, at 
the subscriber’s option and expense, as part its installation of service. Within three years, providers of 
covered services also must offer new subscribers at the point of sale and install, at the subscriber’s option 
and expense, a 24-hour backup power solution if a subscriber desires additional protection. We also 
adopt a disclosure requirement designed to ensure that both current and new subscribers understand their 
options with respect to backup power and are aware of the consequences of their decisions whether, and 
to what extent, to purchase backup power.  Finally, we encourage providers of covered services to engage 
in targeted outreach to the communities they serve to ensure that local emergency managers are aware of 
the limitations inherent in various fixed, residential voice service technologies commonly used in their 
areas, as well as backup power options for individuals and communities more broadly to maintain 
continuity of communications in an emergency.    
1. Performance Requirements
a. Duration
31. We adopt backup power requirements that offer consumers meaningful alternatives to 
address their individualized needs, recognizing that consumers may have different preferences for backup 
power. Comments in response to the Notice confirm that “a one-size fits all solution is inappropriate and 
would disserve customer interests.”
66
Accordingly, we adopt a phased-in approach that will provide 
consumers with multiple options.  As an initial baseline, we will require providers of covered services to 
offer, at the point of sale, to install a technical solution capable of supporting at least 8 hours of 
uninterrupted 911 service during a power outage.  Within three years, providers must also offer, at the 
point of sale, a technical solution capable of supporting 24 hours of uninterrupted 911 service if the 
subscriber desires additional backup power. To minimize costs and provide flexibility, we do not specify 
the means by which providers of covered services offer to supply these amounts of backup power; 
instead, providers are free to develop individual technical solutions.
67
To plan for longer power outages, 
we strongly encourage providers to inform subscribers of options to extend such uninterrupted service 
                                                     
66
Hawaiian Telcom Reply at 4.
67
Examples include backup batteries housed within equipment, spare batteries that may be maintained with separate 
chargers, uninterruptible power supplies (UPS), or a combination thereof, resulting in ability to maintain continuity 
of 911 communications for 8 or 24 hours.  Providers are not required to research and/or provide information on 
every possible backup power source that could potentially be compatible with a Covered Service; however, they 
must offer new subscribers at least one backup power option for each duration specified in our rules.   
Federal Communications Commission FCC 15-98
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over multiple days and direct subscribers to sources of known compatible accessories such as home, car, 
or solar chargers.  For longer power outages, we do not require providers to offer or install any particular 
solution, but we strongly encourage providers to inform subscribers at the point of sale, and through 
annual disclosures to existing and new subscribers discussed below,
68
about known options to ensure 
uninterrupted 911 service and provide examples of retail sources for associated equipment, which may 
include third-party vendor sources if providers do not offer such equipment themselves.
69
32. In the Notice, we observed that 8 hours of backup power for network equipment at the 
subscriber premises appears to be consistent with a number of VoIP deployment models already in 
practice, though some providers have deployed backup power capabilities for up to 24 hours.
70
  We find 
that 8 hours of backup power is the appropriate amount of time to afford consumers with continuity of
power in the critical hours immediately after a power outage, and is a backup power duration that is 
technically feasible today.  The record reflects that the option to receive 8 hours of backup power is 
already an industry norm, as well as a reasonable baseline for the amount of standby time that is likely to 
be useful to consumers during emergencies.
71
  The United States Telecom Association (US Telecom), for 
example, states that “provisioning eight hours of backup power is consistent with industry standards and 
reflects what VoIP providers currently employ.”
72
Verizon offers subscribers a 12-volt battery that 
provides up to 8 hours of backup for voice services and also observes that “[c]ompanies such as Comcast, 
Cablevision, and Cox offer a battery with eight hours of backup, and Time Warner offers a battery with a 
choice of eight or twelve hours.”
73
The Electronic Security Association (ESA) and the Alarm Industry 
Communications Committee (AICC) urge the Commission to promote adherence to the National Fire 
Protection Association (NFPA) minimum standard on battery backup, which also is 8 hours.
74
In light of 
this broad consensus, and based on the fact that 8 hours of backup power is already being provisioned 
today by some providers, we disagree with commenters who suggest that 8 hours is not an appropriate 
standard for backup power offerings.
75
We find that it is technically feasible for providers of covered 
services to offer subscribers the option of at least 8 hours of backup power through provider-supplied 
backup power equipment or by offering compatible third-party equipment. While many providers already 
offer their subscribers an 8-hour backup power capability, the rule we adopt today establishes a common 
baseline that will ensure that consumers have access to backup power options regardless of their provider. 
This will promote public safety and emergency preparedness by allowing subscribers to reach 911 and 
receive telephone-based alerts and warnings
76
in the critical hours immediately following a commercial 
                                                     
68
See infra Section III.C.2.
69
For example, providers might direct customers to sources of compatible accessories such as home, car, or solar 
chargers, or provide information about mobile charging stations deployed during emergencies. 
70
Notice, 29 FCC Rcd at 14988, para. 35.
71
See PA PUC Comments at 9 (observing that “backup power that is capable of powering CPE for a minimum of at 
least eight hours during a commercial power outage is consistent with the Commission’s enunciated proposal” and 
that “eight hours appear to be consistent with certain VoIP deployment models already in practice, such as 
Verizon’s FiOS service”).
72
United States Telecom Association (USTelecom) Comments at 5.
73
Verizon Comments at 18.
74
ESA Comments at 2; AICC Comments at 4-5. See also USTelecom Comments at 5 (“NFPA is the ‘leading 
advocate of fire prevention and an authoritative source on public safety,’ and its adoption of an eight-hour industry 
standard for battery backup demonstrates its suitability for addressing public safety concerns.”).
75
See Hawaiian Telcom Reply at 4 (arguing that “[t]he predominant length of power outages is four hours or less” 
and that “[a] fixed minimum duration requirement for voluntarily provided CPE back-up power, such as eight hours, 
is not realistic for most providers”).
Federal Communications Commission FCC 15-98
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power failure.
77
We emphasize that the requirements we adopt today do not place any obligation on the 
consumer to purchase backup power; the obligation is placed on the provider not providing line-powered 
service, to make backup power available to the consumer, and to install appropriate backup power upon 
initial installation of service if requested by the consumer. To that end, we expect that installers should be 
able to answer questions about backup power.
33. While we believe that 8 hours of backup power would address the need for continuity of 
communications immediately after a power outage, we recognize that, in some cases, 8 hours of backup 
power may not be enough for subscribers to reach critical emergency services during an extended loss of 
power.
78
AARP urges the Commission to require providers to be “responsible for the deployment and 
maintenance of voice-enabling CPE that delivers at least 12 hours of standby time.”
79
  NASUCA and the 
Communications Workers of America (CWA) also suggest that a longer time period, such as 12 or 24 
hours, would be more useful for subscribers who need a longer duration to attend to other time sensitive 
matters that arise during the course of a natural disaster or other emergency.
80
While industry 
commenters oppose a mandate to provide more than 8 hours of backup power to every subscriber,
81
service providers note existing solutions, as well as innovative new solutions, that are capable of 
supporting longer standby times.
82
Along similar lines, NASUCA urges the Commission to monitor 
advances in battery technology, and as soon as such technology is available at a reasonable cost, to 
require providers to furnish backup batteries with 7-day standby time and 24-hour talk time.
83
34. In light of the critical need for maintaining 911 service during more severe and long-
lasting power failures, we will require providers to offer subscribers a 24-hour backup power solution 
within three years. The record indicates that the provision of 24 hours of backup power is at least 
technically feasible today.  ACA has “determined that batteries with 24 hour stand by capability can be 
ordered from at least one vendor but are not immediately available because they are not widely used.”
84
  
As explained below, we do not require providers to offer technologically distinct 8-hour and 24-hour 
solutions, so a 24-hour solution could consist simply of three 8-hour batteries.
85
  Many providers that 
offer an 8-hour solution are therefore likely to be capable of offering a 24-hour solution with minimal 
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76
See Rural Broadband Policy Group Ex Parte, May 16, 2015, at 3 (discussing the importance of Reverse 911 calls 
to warn residents and issue evacuation orders in an area affected by a wildfire); Public Knowledge et al. Comments 
at 18 (“New networks should also be able to support Reverse 911 functions, which in urban areas can typically 
support 5,000 30-second calls in less than 10 minutes.”).
77
See ESA Comments at 2 (“Not only is standby power for communications important for life safety systems, but it 
is also critical in allowing the consumer to dial 911 during these outages.”).
78
For example, NASNA argues that “[t]wenty-four hours would be more useful and account for the fact that in the 
midst of a power outage due to a natural disaster or other emergency will likely have urgent communication needs 
that may take time to accomplish.”  NASNA Comments at 2.
79
AARP Reply Comments at 3.
80
NASUCA Comments at 9-10; CWA Reply at 2.
81
See USTelecom Comments at 5 (“Any obligation greater than eight hours runs the risk of imposing onerous and 
unnecessary burdens on providers for provisioning backup power during emergencies, while at the same time 
diminishing the important role of consumers in individually preparing for emergencies.”).
82
Verizon, for example, states that it is “rolling out a new approach that uses standard D-Cell batteries that are more 
readily available and replaceable than 12-volt batteries and that provides backup power for up to 24 hours (which 
can easily be extended by customers).”  Verizon Comments at 18. 
83
NASUCA Reply at 13.
84
ACA June 24, 2015 Ex Parte at 3. 
85
See infra Sec. III.C.1.b
Federal Communications Commission FCC 15-98
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additional difficulty.  That said, we want to encourage continued innovation in the development of 24-
hour and longer term backup power solutions and avoid locking in solutions that are minimally compliant 
but that may not provide the best value to consumers. We will therefore phase-in the 24-hour requirement 
over three years, during which time we expect providers to work diligently to implement innovative 
solutions for providing at least 24 hours of backup power that improve upon current offerings in terms of 
cost, reliability and ease of use. This is consistent with ACA’s recommendation for a phase-in of the 24-
hour battery requirement for smaller providers;
86
however, we find that given the overall market 
conditions for 24-hour battery supplies, including questions about immediate availability, it is appropriate 
to phase in the requirements for all providers, regardless of size.
87
  While NASUCA recommends that the 
Commission monitor battery backup power developments and phase in the requirements as soon as the 
market will allow, we find that providing a date certain both allows the market sufficient time to develop, 
and places a backstop for development, thereby spurring innovation in a reasonable timeframe.  In the 
meantime, we encourage but do not require providers to offer a 24-hour solution using available 
technologies.   
35. As commenters note, the need for continued access to 911 during an extended power 
outage does not end after 8, or even 24, hours. For example, Public Knowledge argues that “a minimum 
time of seven days backup power is a reasonable requirement that will keep consumers safe before, 
during, and after a natural disaster, and allow them to rebuild their communities.”
88
Based on a study by 
the Environmental and Energy Study Institute, Public Knowledge observes that restoring power after 
Hurricane Sandy and Hurricane Katrina took 12 and 15 days respectively, and on average takes 7 to 23 
days.
89
To address such extended losses of commercial power Public Knowledge asserts that “carriers 
must prioritize the adoption of devices that use batteries that can last days and are not proprietary.”
90
  
Other commenters argue that “Americans have come to trust and expect basic telephone service to work 
indefinitely, particularly during power outages caused by natural disasters and public safety emergencies” 
and urge us to adopt even longer backup power requirements, ranging from seven days to two weeks.
91
36. We are not persuaded that a requirement for providers of covered services to offer or 
install more than 24 hours of backup power is necessary at this time. All things equal, we would prefer 
access to 911 during a loss of commercial power to last indefinitely, as consumers have come to expect 
                                                     
86
ACA June 24, 2015 Ex Parte at 3. (“ACA therefore has no problem with adopting this mandate provided there is a 
sufficient transition, especially for smaller operators, to obtain both batteries with 24 hour stand by time and devices 
that can accommodate either a 24 hour battery or multiple batteries that in aggregate enable 24 hour stand by 
time.”).
87
See AT&T Comments at 14 (“If the Commission nonetheless decides that the record in this proceeding supports 
the imposition of backup-power standards, it should give providers and equipment manufacturers sufficient time to 
redesign and replace any affected CPE.”).
88
Public Knowledge, et al. Comments at 9-10, 25-26 (citing a study of the Environmental and Energy Study 
Institute that, based on evidence regarding long-term power outages after large-scale extreme weather events, 
recommends a CPE backup system that lasts a minimum of 10 days, and perhaps longer in “communities that are 
particularly reliant on landline service, or experience more frequent outages than average.”).
89
Id. at 10.
90
Id. at 27.
91
See Rural Broadband Policy Group (RBPG) Ex Parte, May 16, 2015, at 5 (“[A] telephone carrier that chooses to 
use a technology that does not carry its own electricity must make necessary arrangements to ensure a minimum of 
seven days or an ideal of two weeks worth of backup power during commercial outages.”); Appalshop Comments at 
2 (“[A] telephone carrier interested in changing the technology it uses to provide basic telephone service must make 
necessary arrangements to ensure two weeks worth of backup power during outages.”); Sue Wilson Comments at 4 
(arguing that the ability of basic telephone service to function during power outages “is an invaluable characteristic 
of the old telephone network” and that providers of new technologies should be required “to ensure two weeks 
worth of backup power during outages”).
Federal Communications Commission FCC 15-98
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with line-powered services.  We recognize, however, that there are technical, operational, and cost 
considerations that must be balanced against this theoretical desire.  For reasons discussed above, we 
believe that it is both technically feasible and consistent with current business models for covered services 
to require providers to offer options for 8 and 24 hours of backup power on the timelines specified in our 
rules.  We agree, however, with commenters who suggest that a mandate to offer backup power for multi-
day outages could impose unnecessary burdens on service providers and excessive costs on consumers for 
comparatively little public safety benefit.
92
  As CSRIC has observed, backup power technologies are 
evolving, and the cost of more advanced batteries such as lithium-ion cells is likely to decrease over time 
as other options such as power-over-Ethernet become more widespread.
93
  We will continue to monitor 
these developments to ensure that our rules keep pace.  Moreover, power outages of extended duration 
allow well-informed consumers time to recharge their existing batteries or make other arrangements to 
reach emergency assistance until power is restored.
94
  We therefore strongly encourage providers to 
inform subscribers, both at the point of sale and annually thereafter, of known ways consumers can 
maintain connectivity during extended power outages.  As an example, this could include guidance on 
restocking or recharging a power supply used to provide 8- or 24-hour capability.  Providers could also 
give information on purchasing other accessories such as solar, home or car chargers that may allow 
exhausted batteries to be recharged and that are compatible with the provider’s equipment.  Providers 
need not offer such accessories themselves or endorse particular third-party suppliers, but they should 
provide sufficient information, including technical specifications when necessary, for subscribers to 
obtain compatible accessories from commercial sources.  Such information may be provided through 
welcome kits, brochures, e-mails to subscribers, or any other means reasonably calculated to reach each 
subscriber, as discussed below, while providing due consideration for any preference expressed by the 
customer.
95
  Providers sometimes deploy mobile charging stations to areas affected by an extended 
outage, and may inform subscribers when such mobile charging stations are made available.
37. In adopting these requirements, we acknowledge observations that “[n]otwithstanding the 
availability of backup batteries, many customers today choose not to obtain a battery, given the growing 
reliance on wireless or the customers’ use of handsets or other devices that themselves require 
commercial power to operate.”
96
We also agree with commenters such as Verizon that “[c]ustomers 
should be free to decline [a backup] battery, depending on their personal preference.”
97
  We further 
acknowledge that comments in the record indicate that, when it is offered, consumers often may not 
choose to avail themselves of options to purchase backup power.
98
  Commenters note, for example, that 
                                                     
92
See USTelecom Comments at 5 (cautioning the Commission against “imposing onerous and unnecessary burdens 
on providers for provisioning backup power during emergencies”).
93
CSRIC Report at 7, 19.
94
For example, communities affected by a disaster may set up temporary shelters or heating and cooling centers 
where residents can obtain first aid and take shelter from severe weather.  See Press Release, Gov. McDonnell Issues 
Update on Virginia's Recovery from June’s Historic Derecho Storm, July 5, 2012, available at
http://www.virginiadot.org/newsroom/statewide/2012/gov._mcdonnell_issues_update58750.asp (describing shelters 
available to Virginia residents during the 2012 derecho storm and noting that “[l]ocalities are opening cooling 
centers to provide daytime relief from the heat for their citizens”).
95
See infra Section III.C.2.
96
Verizon Comments at 17.
97
Id. at 19.
98
See Bright House Networks Reply at 2 (stating that after Bright House Networks made batteries optional for new 
installations at approximately $35 plus shipping, “[a] truly negligible number of customers decided to purchase a 
battery after receiving notice that the service will not function without power”); Letter from Mary McManus, 
Comcast, to Marlene H. Dortch, Secretary, FCC, GN Docket No.13-5, PS Docket No. 14-174, at 1-2 (filed June 8, 
2015)  (Comcast Ex Parte Letter) (stating that “for the year 2014, less than 1 percent of new Xfinity Voice 
(continued….)
Federal Communications Commission FCC 15-98
16
many subscribers of fixed, residential VoIP service also purchase mobile voice service that provides an 
alternate means of reaching 911 in an emergency, and that others prefer cordless phones that require 
backup power beyond that supplied by service provider networks.
99
  Nevertheless, some consumers –
particularly the elderly and other populations that are at the greatest risk during an emergency – may not 
subscribe to mobile wireless service and may rely solely on the continued functionality of their residential 
voice service to reach 911.
100
  Furthermore, mobile networks are not designed in the same manner as 
wireline networks and may become overloaded in times of extreme use in an emergency situation, and 
thus be unavailable for use to reach 911.
101
  We emphasize that nothing in our rules forces consumers to 
purchase backup power they do not want. We require only that consumers who want service that will 
work during power outages and have not otherwise provided for such uninterrupted service have the 
option of obtaining that capability, and that they have sufficient information to make an informed 
decision. 
38. In the Notice, we discussed the duration of backup power in terms of “the availability of 
standby backup power, not actual talk time.”
102
  Commenters differ on whether backup power should be 
measured in terms of standby time, talk time, or some other metric that takes into account variations in 
battery life under different conditions. NASUCA, for example, questions provider assertions about 
backup battery life on the grounds that 8 hours of battery life yields far less actual talk time, and because 
batteries deteriorate as they age.
103
Public Knowledge observes that the actual duration of a battery 
depends on its use, and that the more calls are placed, the more quickly backup power is depleted.
104
In 
light of these potential discrepancies, we believe that adopting a uniform definition of “backup power” is 
necessary to avoid potential consumer confusion.  Therefore, we base our backup power requirements on 
the amount of time a technical solution can maintain a covered service in standby mode, i.e., able to 
provide a dial tone and to initiate and receive voice calls, but not necessarily in continuous use.  We 
believe that standby time is an appropriate metric, because our rules are premised on the need for covered 
services to be available to dial 911 or receive incoming communications such as emergency alerts and 
warnings during emergencies, not necessarily on the need for extended talk time when commercial power 
fails. We recognize that actual battery life may vary depending on how often subscribers place calls and 
how long such calls last, but we conclude it would not be practical to account for such situation-specific 
variations in our rules and that standby time is a more consistent and useful point of comparison.  
Accordingly, we require providers of covered services to offer subscribers the option to obtain backup 
power for 8 hours (effective 120 days after publication of this Report and Order in the Federal 
Register)
105
or 24 hours (effective within three years thereafter) of standby time, measured at rated 
(Continued from previous page)                                                            
customers purchased a backup battery,” and that approximately 13 percent of customers obtained a replacement 
battery after being notified that their existing battery was depleted).
99
See Public Knowledge Reply at 8 (recognizing “three different levels of backup power – at the carrier’s central 
location, on customer premises, and for the actual phone – that vary depending on the nature of the technology”).
100
See, e.g., id. at 6 (urging the Commission not to “creat[e] a network that serves some and not others”).
101
See, e.g., Improving the Resiliency of Mobile Wireless Communications Networks; Reliability and Continuity of 
Communications Networks, Including Broadband Technologies, PS Docket Nos. 13-239 and 11-60, Notice of 
Proposed Rulemaking, 28 FCC Rcd 14373 (2013).
102
See Notice, 29 FCC Rcd at 14988, para. 35 n. 109.  
103
NASUCA Reply at 9, 10.
104
Public Knowledge et al. Comments at 26.
105
As noted below, for covered providers with fewer than 100,000 domestic retail subscriber lines, the effective date 
of this obligation is extended for an additional 180 days.  See infra, section IV.D.
Federal Communications Commission FCC 15-98
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specifications,
106
without a duration requirement for actual talk time.
b. Methods of Provisioning Backup Power
39. We agree with commenters who advocate flexibility in how providers achieve continuity 
of 911 access for the time periods discussed above. The record reflects that providers currently employ a 
variety of backup power technologies and that a range of backup power options are also available direct-
to-consumer from third-party sources. CSRIC, for example, identifies nine “use cases” for residential 
VoIP deployment, with a range of equipment functioning as an analog telephone adaptor (ATA) with 
varying levels of battery backup.
107
  CSRIC observes that “[t]he most commonly deployed model for 
VoIP services in the United States is to locate the ATA function in a network device, installed inside the 
living unit.”
108
  In addition, as NCTA states, uninterruptible power supplies (UPS) that can power 
multiple devices during a power outage are already widely available at national retailers.
109
Bright House 
also describes “numerous retail options available to subscribers like UPS, portable power packs, solar, 
and manual cranks that power multiple devices during an outage and offer a more compelling and flexible 
solution to subscribers at comparable prices”
110
  Some parties also comment that subscribers who use 
more versatile power options such as UPS should not have to also pay for the duplicative cost of an 
additional limited-function battery; nor should the Commission require consumers to pay for a backup 
power option that does not work in their situation.
111
40. We do not require use of a specific technical solution or combination of solutions.  
Providers, which are not providing line-powered service, have flexibility to develop and offer their own 
backup power solutions, as long as those solutions comply with the rules we adopt today.  In addition, we 
expect that installers should be able to answer questions about backup power.  For example, a provider 
could offer a solution with a single, internal battery delivering 8 hours of backup power. With respect to 
the 24-hour option required within three years, providers may choose to offer consumers a single 24-hour 
battery (or battery tray as offered by Verizon),
112
three 8-hour batteries, or some other combination of 
installed and spare batteries, UPS systems or other technologies to provide 24 hours total. If the solution 
requires a proprietary battery or other equipment that is not widely available in retail stores, the 
equipment should be provided as part of the installation of service.  If, however, the solution accepts 
commonly available equipment such as D-Cell batteries, providers need not supply such equipment 
themselves, as long as they notify subscribers at the point of sale that it is not included and must be 
                                                     
106
We also seek to avoid the potential for confusion in measuring actual battery life under a wide variety of 
operating conditions.  Therefore, we measure the duration of backup power offerings in terms of rated 
specifications, i.e., the typical electrical load and the volt-ampere or wattage rating.
107
CSRIC Report at 7-18. 
108
Id. at 8.  The CSRIC report also discusses other technologies, such as Radio Frequency over Glass (RFoG) 
architecture used by cable operators, in which an RFoG micro node (R-ONU) terminates the fiber connection at the 
edge of the premises but passes VoIP traffic to an embedded multimedia terminal adapter (eMTA) device with an 
internal ATA.  Id. at 10.  Fiber-to-the-Home (FTTH) systems may also incorporate an outdoor-mounted device 
known as an optical network unit or terminal (ONU/ONT) powered by a UPS or wall transformer.  Id. at 10.  We 
note that the CSRIC report also considers additional use cases beyond the scope of this Report and Order, such as 
Digital Enhanced Cordless Telecommunications (DECT) cordless phones that connect to the network via a standard 
analog POTS interface in a base station powered by an AC/DC transformer with no battery backup.  See id. at 15.  
Our rules here are focused on the backup power required for a service to continue to provide 911 functionality 
during a loss of commercial power, not on the end-user equipment that subscribers choose to connect to the network. 
109
NCTA Comments at 2.
110
Letter from Thomas M. Wilson, Counsel to Bright House Networks, to Marlene H. Dortch, Secretary, FCC, GN 
Docket No. 13-5, PS Docket No. 14-174, at 1 (filed May 26, 2015) (Bright House Ex Parte Letter), at 1. 
111
Bright House Networks Reply at 3. See also Century Link Reply at 40, and Hawaiian Telcom, Inc. Reply at 4.
112
Verizon Comments at 18.
Federal Communications Commission FCC 15-98
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supplied by the subscriber for the solution to function properly.
113
  In cases involving spare batteries that 
are not widely available at retail stores, the solution offered to subscribers should also include a charger or 
some other method of ensuring that such batteries are stored in a charged state.
114
c. Battery Monitoring and Maintenance
41. In the Notice, we sought comment on whether the provider should have any responsibility 
to monitor backup power status to determine whether the battery had degraded run time or 
performance.
115
  Generally, the comments of individual consumers and consumer advocacy organizations 
support requiring providers either to maintain and monitor the backup power or to provide subscribers 
with the means to do such monitoring. For example, AARP urges the Commission to adopt as a rule the 
CSRIC recommendation that service providers work with their vendors to provide a mechanism to 
monitor battery status, and determine whether the battery is degraded.
116
AARP states that this can be 
done through remote monitoring of batteries as part of the service offered to subscribers, or through LEDs 
visible to subscribers.
117
Other commenters suggest that the backup power system contain a self-
monitoring feature that notifies subscribers audibly and visually when the backup power system is in use, 
and when it is running low.
118
ESA notes, however, that some subscribers may not pay attention to these 
warnings, and that it may require personal interaction with subscribers to assist with upgrading or 
changing a battery that needs attention.
119
  On the other hand, service providers generally argue that 
requiring remote monitoring of backup power is either impractical with current technology
120
or, even if 
technically feasible, of limited use to subscribers or providers.
121
AT&T contends that “IP-based voice 
service providers generally do not assume responsibility for monitoring their customers’ backup 
batteries,” and that “[r]elying on customers, rather than service providers, to monitor and maintain battery 
backup power for network equipment at the subscriber premises makes eminent sense given technological 
and marketplace changes.”
122
                                                     
113
We do, however, require providers to assist with the installation of customer-supplied batteries such as D-Cells to 
the extent that subscribers obtain and make such batteries available when service is installed.
114
For example, a provider could offer a backup power system using standard D-Cell batteries without including a 
supplemental charger because such batteries are widely available at local retailers.  A solution based on less widely 
available batteries such as sealed lead-acid or lithium-ion cells should include a charger to ensure that spare batteries 
are maintained in a charged state.
115
Notice, 29 FCC Rcd at 14989, para. 37.  
116
AARP Comments at 23.
117
AARP Comments at 24 (citing CSRIC Report at 21). 
118
See, e.g., AICC Comments at 6; ESA Comments at 2.
119
ESA Comments at 2.
120
See Verizon Reply at 11 (“[M]onitoring may not be feasible under systems as currently designed, and requiring 
such monitoring will require substantial and costly shifts in technology.”); (Hawaiian Telcom Reply at 4 (“The 
provider has no ability to monitor whether a customer’s battery is functioning properly.”).  Cf. Comcast Ex Parte, 
June 8, 2015, at 1 (noting that the price of purchasing backup power for Xfinity Voice service “includes battery 
monitoring and customer notification when batteries are depleted”).
121
See AT&T Comments at 9 (“Requiring service providers to monitor and maintain backup power for CPE would 
harm, rather than benefit, consumers” and would “impose enormous burdens on service providers that would 
significantly raise the cost of the service – both to pay for the monitoring itself and to cover any potential liability 
issues associated with allegations that the provider was negligent in monitoring”); Cincinnati Bell Comments at 10  
(arguing that remote battery monitoring technology is not mature, and that tests revealed that many battery alarms 
were baseless “ghost” alarms the would interfere with the efficient operation of the network operations center).
121
122
AT&T Comments at 9; see also Cincinnati Bell Comments at 10 (“Rather than imposing this cost on providers 
and/or consumers . . . consumers who choose to have battery back-up units installed should be responsible for 
(continued….)
Federal Communications Commission FCC 15-98
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42. We do not believe it would serve the public interest to require providers of covered 
services to remotely monitor backup power status at this time. Similarly, we decline to adopt any 
requirement that providers inspect or test backup power equipment after fulfilling their initial 
responsibility under our rules to offer subscribers the option, at the point of sale, for backup power to be 
installed as part of the initiation of service.  This is consistent with CSRIC’s observations that 
“[i]ncreasingly, battery backup is being offered as an optional accessory to the consumer, which they can 
control and manage themselves.”
123
While we believe service providers are in the best position to identify 
and make available backup power solutions compatible with and appropriately sized for specific covered 
services, we agree with commenters who believe subscribers are in the best position to monitor backup 
power once installed, and in light of the disclosure requirements we are implementing designed to ensure 
they are adequately informed on how to do so.
124
With respect to batteries, we are not persuaded that 
battery monitoring technology has evolved to the point of allowing service providers to conduct useful 
remote monitoring of battery status without raising costs to consumers or diverting resources away from 
more important network reliability issues through an increase in false failure alarms.
125
  We observe, 
however, that our allocation of monitoring responsibility to consumers is based on the expectation that 
service providers offer adequate information for subscribers to understand when their equipment is 
functioning properly and when it may require maintenance or replacement. Service providers should also 
inform subscribers of the potential for batteries to degrade over time and either make replacement 
batteries available for self-installation at the subscriber’s expense or provide sufficient information for 
subscribers to obtain replacement batteries from third parties.
d. No Obligation to Retrofit
43. Some service providers express concerns about the cost and complexity of any obligation
to retrofit currently installed equipment to comply with any backup power requirements the Commission 
adopts. AT&T, for example, states that “[i]f service providers were required to provide CPE backup 
power, the Commission should require only prospective implementation in order to avoid the 
technological pitfalls of retrofitting prior deployments.”
126
ITTA argues that “[r]etrofitting existing 
service deployments for customers who are not interested in battery backup power would divert resources 
from new deployments, thus slowing the expansion of services to customers who desire advanced 
broadband capabilities.”
127
  We agree and decline to adopt any obligation that providers of covered 
services retrofit currently-deployed equipment to accommodate the amount of backup power specified in 
our rules for new installations.  The record reflects that some covered services are currently deployed 
without backup power
128
and that consumers may prefer to continue using their existing equipment.
129
  
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checking and replacing their own batteries, just like they do with batteries for their fire/smoke alarms and other 
consumer devices.”).  
123
CSRIC Report at 3,6. 
124
See, e.g., AT&T Comments at 9; Verizon Reply at 11.
125
See Cincinnati Bell Comments at 10.
126
AT&T Reply at 11.
127
Letter from Micah M. Caldwell Vice President, Regulatory Affairs, to Marlene H. Dortch, Secretary, FCC, GN 
Docket No. 13-5, PS Docket No. 14-174, at 2 (filed Apr. 30, 2015)  (ITTA Ex Parte Letter).
128
See Hughes Network Systems Reply at 3 (noting that “satellite terminals . . . require more power than electronics 
using alkaline batteries, due to the satellite terminal having to supply power for transmitting to and receiving from a 
satellite”).
129
See Bright House Networks Reply at 3 (arguing that “[c]onsumers should have a right to choose to use VoIP 
modems that do not include backup batteries” and that “a battery mandate would increase the number of useless 
backup batteries that will end up stranded in multifunction devices that consumers keep for their other services”).
Federal Communications Commission FCC 15-98
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Accordingly, we require only that backup power options be offered at the point of sale.
130
  Providers may 
continue offering retrofit options for backup power upgrades to existing customers or those who decline 
the option at the point of sale, but they are under no obligation to do so.  We note, however, that even 
service providers that do not currently offer backup power acknowledge that third-party UPS units may 
allow subscribers to maintain communications capabilities without the need to retrofit existing 
equipment.
131
  Therefore, we conclude that providers’ obligations to current subscribers should include 
the disclosure requirements discussed below and the option for subscribers to self-install commercially 
available backup power solutions that are compatible with existing equipment.
132
e. Compensation and Costs for Providing Backup Power
44. In the Notice, we proposed that any requirement for service providers to ensure a 
substitute for line power would be premised on the condition that such providers “would be entitled to 
commercially reasonable compensation in exchange for providing this service.”
133
In response, Public 
Knowledge asserts that the Commission should use legacy POTS as a baseline and require providers to 
furnish backup power without an additional fee because, until the transition to IP-based services, 
reliability has always been paid for as part of a subscriber’s phone bill, and allowing providers to charge 
for backup power for the same service via new technology would be a step backward.
134
  However, this 
argument disregards the record evidence that batteries or other potential substitutes for line powering 
carry a not insignificant additional cost over an entire network, and that it is not unreasonable to permit 
providers to recoup those additional costs from those subscribers who have need for the additional 
coverage.  We also note that it is current practice among many interconnected VoIP providers to charge 
an extra fee for batteries or other backup power capabilities, suggesting that the expectations Public 
Knowledge cites may be changing as consumers increasingly adopt VoIP services.
135
As CSRIC has 
observed, “[o]ne clear trend across all VoIP use cases is that battery backup is increasingly being offered 
as an option to the consumer, with the cost and maintenance of the UPS and batteries being the 
consumer’s responsibility.”
136
Ultimately, we are persuaded that subscribers should not have to pay for 
backup power they do not want.
137
  As discussed above, consumers may desire different amounts of 
backup power – or none at all – depending on their individual circumstances.    
45. Accordingly, we conclude that providers of covered services may charge subscribers for 
the backup power capabilities provided under our rules, if subscribers wish to purchase such capabilities.  
                                                     
130
We define the “point of sale” in functional terms as the transaction between a service provider (or its agent) and a 
subscriber in which the subscriber requests, and commits to purchasing, a covered service.  This may occur by 
telephone, online, or in person at a retail location.  The offer of backup power required under our rules must be made 
as part of this transaction, regardless of when equipment is actually installed at a subscriber’s home or when the 
subscriber is ultimately billed for such equipment.
131
See Hughes Network Systems Reply at 3 (stating that an external UPS in the range of 3000 volt-ampere-hours 
(VAh) would provide 8 hours of standby time for a satellite service).
132
See infra Section III.C.2.
133
Notice, 29 FCC Rcd at 14988, ¶ 35 n.109.
134
Public Knowledge Reply at 7.
135
See, e.g., Bright House Networks Reply at 2 (noting that, in 2014, Bright House began offering batteries as an 
option for new installations, and making them available for purchase for approximately $35 plus shipping); Comcast 
Ex Parte Letter, June 8, 2015, at 1 (“New Xfinity Voice customers have the option of purchasing a backup battery 
for their Comcast voice modem for $35.00 plus $5.95 for shipping and handling.  The price includes battery 
monitoring and customer notification when batteries are depleted.”).
136
CSRIC Report at 3, 6.
137
See Verizon Comments at 19; Bright House Networks Reply at 3; CenturyLink Reply at 40; Hawaiian Telcom, 
Reply at 4.
Federal Communications Commission FCC 15-98
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We emphasize that we do not specify the rates at which providers of covered services may offer backup 
power or related accessories, we expect market forces to ensure that backup power is offered at 
competitive prices.  A service provider can receive compensation for all aspects of implementing the rules 
we adopt today, including the backup power installation, and costs of equipment and labor, from the 
consumer that elects to have backup power installed.  And we do not preclude service providers from 
including backup power capabilities without separate charge, if they choose to do so for competitive or 
other reasons.
46. By requiring only that service providers provision backup power upon subscriber request 
at point of sale, and at the requesting subscriber’s expense, we have effectively negated the argument that 
these rules will substantially increase costs to providers.  The majority of commenters who raise issues 
related to costs base their arguments on the assumption that the Commission would mandate a universal 
backup power solution across all subscribers, including retrofitting existing subscribers.
138
  The action we 
take today will substantially limit the providers’ costs by requiring backup power installations only for 
customers that request backup power at the point of sale, and at those customers’ expense.  Fiber to the 
Home Council Americas states that “while the industry has generally supplied backup batteries to all 
subscribers, it would make a material difference to the cost of a build, enabling expansion into less dense 
areas, if it could supply battery backup only to those subscribers that expressly want it –a number all-fiber 
service providers has determined is not great.”
139
  Similarly, NCTA stated that in their experience only a 
small number of customers have purchased backup power.
140
  We also find concerns about the 
environmental effects of requiring all consumers to obtain backup power are inapplicable because we do 
not make such a requirement.
141
47. There are additional factors that minimize the costs associated with compliance for the 
covered providers.  First, as noted previously, the record indicates that numerous entities comprising a 
significant share of the IP voice services market are already offering their customers 8 hours of backup 
power; for those entities no additional costs are necessary.
142
  To the extent that a service provider is not 
currently offering the requisite 8 hours of backup power, the fact that numerous providers are currently 
offering such a solution indicates that solutions exist and are widely available. Accordingly, there is little 
need to custom-design a solution when many of the solutions can be used universally.  Indeed, providers 
may avoid the costs of supplying or installing a proprietary solution.  This also saves providers the costs 
of supplying batteries directly.  The same cost-mitigating principles apply to the discussion of 24-hour 
and extended duration backup power; the commercial market for this solution already exists and even the 
smaller providers are confident in their ability to provide this level of backup power if provided ample 
transition.
143
  The record also indicates that many providers already offer some form of backup power, 
even if it is not an 8-hour solution, and therefore would be familiar with the practice of installing backup 
power solutions for their customers.
144
  Because the cost to providers of complying with this rule should 
                                                     
138
See ACA Comments at 13-14; Cincinnati Bell Comments at 8; Letter from Thomas Cohen, Counsel to FTTH 
Council, to Marlene H. Dortch, Secretary, FCC, GN Docket No. 13-5, PS Docket No. 14-174, at 3 (filed May 7, 
2015) (FTTH Council May 7, 2015 Ex Parte Letter); ITTA April 30 Ex Parte Letter at 2; Letter from Steven F. 
Morris, NCTA, to Marlene H. Dortch, Secretary, FCC, GN Docket No. 13-5, PS Docket No. 14-174,  at 2 (filed 
May 18, 2015) (NCTA Ex Parte Letter); NCTA May 18, 2015 Ex Parte at 2.  Some parties raised costs associated 
with one technical solution over another but our rules for backup power solutions are technology neutral.  See Alarm 
Industry Communication Committee Comments at 7.  
139
FTTH Council Ex Parte Letter at 2. 
140
NCTA Ex Parte Letter at 2. 
141
See Bright House Network Reply at 2-3.
142
See supra Section III.C.1.a. 
143
ACA June 25, 2015 Ex Parte at 3. 
144
Id.
Federal Communications Commission FCC 15-98
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be minimal both at the outset as well as when the 24-hour requirement takes effect, and the particular 
benefit to the public of enhanced continuity of communications to reach help through 911 during power 
outages is substantial, we conclude that our action today produces a net public benefit. 
2. Subscriber Disclosure Obligations
a. Need for Subscriber Disclosure Obligations
48. In the Notice, we sought comment on whether we should require providers to develop 
and implement consumer education plans regarding the availability of backup power,
145
and noted our 
belief that such plans “would be critical to consumers’ ability to successfully self-provision.”
146
  
49. Commenters representing government stakeholders and consumers support such a 
requirement.
147
  For example, PA PUC states that, if providers require their customers to be responsible 
for purchasing or replacing backup power batteries, providers “must develop and implement outreach and 
education programs to ensure customers are aware that [customers] are responsible for providing their 
own backup power.”
148
  The New York Public Service Commission indicates that it is “critical that 
information about the consumer’s role in maintaining continuity of power is transmitted to the customer 
by the service provider,” and that providers need to develop programs to “ensure consumers are aware 
that [they] are responsible for providing their own backup power.”
149
  The Attorneys General for the 
Peoples of the States of Illinois and New York state that, because of the reluctance to advertise a 
diminished service, “carriers may not emphasize the need for backup power disclosures.”
150
  The FCC’s 
Intergovernmental Advisory Committee asserts that “providers should be required to communicate 
effectively and accurately the services that may no longer be available and options for consumers to 
obtain comparable services, including options with respect to backup power supplies.”
151
50. Industry stakeholders, on the other hand, oppose such a requirement.  The Independent 
Telephone & Telecommunications Alliance (ITTA) states that there is “no evidence that additional 
consumer education would be helpful or necessary, and argues that a requirement is “unwarranted and a 
waste of resources.”
152
  AT&T recommends that the Commission refrain from imposing a consumer 
                                                     
145
Notice, 29 FCC Rcd at 14990, para. 39.
146
Id.
147
See generally Public Knowledge Reply Comments at 8-9 (stating that the “provider should be responsible for 
consumer education,” and that “requiring consumers to be responsible for backup power when the commercial 
power fails is a vast cultural shift”); AARP Comments at 22-23; APCO Comments at 3-4; NASNA Comments at 2 
(arguing that the provider should be responsible for consumer education).
148
PA PUC Reply Comments at 8 (emphasizing that providers need education programs and must coordinate their 
efforts with the states).
149
NYPSC Comments at 3.  
150
Attorneys General for the Peoples of the States of Illinois and New York (Attorneys General) Comments at 9, 
n.30 (responding to Comments of AT&T at 1, 5; Comments of Verizon at 17- 18).  Attorneys General also assert 
that consumers “may not be aware that VoIP and wireless service operate differently from traditional landline 
telephony in a commercial power outage, carriers have no incentive to inform consumers of this deficiency or to 
correct it.”  Id. at 15.
151
See Intergovernmental Advisory Committee to the Federal Communications Commission, Advisory 
Recommendation 2015-5, In the Matter of Technology Transitions; Policies and Rules Governing Retirement of 
Copper Loops by Incumbent Local Exchange Carriers; Special Access for Price Cap Local Exchange Carriers; 
AT&T Corporation Petition for Rulemaking to Reform Regulation of Incumbent Local Exchange Carrier Rates for 
Interstate Special Access Services; GN Docket No. 13-5, RM-11358; WC Docket No. 05-25, RM-10593, at 5 (May 
12, 2015), available at https://transition.fcc.gov/statelocal/recommendation2015-05.pdf (IAC Recommendations). 
152
ITTA Comments at 20.  See generally Verizon Reply Comments at 10.
Federal Communications Commission FCC 15-98
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education requirement, and instead work with providers to review backup power best practices for 
consumer education.
153
  Others, such as CenturyLink, Hawaiian Telcom, NCTA, and Verizon,
154
suggest 
that the Commission support the implementation of CSRIC recommendations regarding consumer 
notification.
155
  They argue that this would give providers the flexibility to implement consumer education 
measures as their networks and business models warrant.
156
  
51. Others argue that a requirement is unnecessary because providers already give consumers 
information related to backup power.
157
  For example, NCTA argues that the Commission’s existing rules 
already “ensure that consumers are made aware of the backup power ramifications of choosing a VoIP 
service,” and require providers at the initiation of interconnected VoIP service to “inform consumers of 
the ‘circumstances under which E911 service may not be available,’. . . includ[ing] ‘loss of electrical 
power.”
158
  ITTA notes that it is “standard industry practice for interconnected VoIP providers to notify 
consumers regarding the potential limitations of IP-enabled voice services and equipment during a power 
outage.”
159
  Fiber to the Home Council Americas (FTTH Council) also asserts that industry efforts to 
notify consumers about battery backup availability are effective based on assumptions regarding 
consumer adoption of wireless and VoIP services.
160
52. AT&T states that providers of IP-based voice service already educate consumers on the 
necessity of a backup battery during a power outage and provide information about the backup battery, 
161
  
                                                     
153
AT&T Comments at 13-14 (quoting and citing CSRIC Report).
154
CenturyLink Comments at 46-48 (suggesting that “promoting these best practices is preferable to federal 
regulatory mandates at this time,” and citing CSRIC Report); see also Hawaiian Telcom Reply Comments at 5; 
NCTA Reply Comments at 7; Verizon Comments at 21 and Reply Comments at 10, Letter from Jennifer A. Manner, 
Senior Counsel, Regulatory Affairs,  Hughes Network Systems, to Marlene H. Dortch, Secretary, FCC, GN Docket 
No. 13-5, PS Docket No. 14-174, at 1,3 (filed April 20, 2015) (Hughes Network Systems Ex Parte Letter).
155
See CSRIC Report at 20-23 (recommending that service providers inform consumers of the implications of not 
having battery backup for their voice service during power interruptions; provide a full explanation of emergency 
use capabilities, battery backup units, and how to access information as part of its customer premise service 
explanation; provide detailed battery backup information; and provide information about where consumers may 
purchase replacement batteries, instructions for proper disposal and or recycling options for used batteries).
156
See CenturyLink Comments at 46-48; see also Hawaiian Telcom, Inc. Reply Comments at 5; NCTA Reply 
Comments at 7; Verizon Comments at 21 and Reply Comments at 10.
157
NCTA Comments at 5; NCTA Reply at 3; ACA Comments at 11 (explaining that customers “are provided with 
information on the limitations of VoIP service at the time service is initiated”).
158
NCTA Comments at 5; NCTA Reply Comments at 6 (citing 47 C.F.R. § 9.5(e)(1)); see also ACA April 9, 2015 
Ex Parte at 3 (stating that as required by 47 C.F.R. § 9.5(e)(1-3), “VoIP providers must disclose and obtain 
acknowledgement from the subscriber that the service will not work when there is a loss of electrical power and 
must provide a label for the modem used by each subscriber describing this limitation”).
159
ITTA Comments at 20.
160
Fiber to the Home Council Americas Comments at 19.  FTTH Council presents that because consumers are 
increasingly subscribing to “voice service from wireless and VoIP providers, consumers have indicated that the 
benefits of line power voice service are not sufficiently great to offset the costs.”  Fiber to the Home Council 
Americas May 7, 2015 Ex Parte, Attachment “Presentation of the FTTH Council on the Technology Transitions 
NPRM, May, 2014” at 7-8, and “RVA Survey Data, At A Glance.”  However, Fiber to the Home Council Americas 
expressed support for “reasonable requirements on all providers of voice service to notify their subscribers of the 
capabilities of their service to access emergency communications during power outages.”  Fiber to the Home 
Council Americas May 7, 2015 Ex Parte at 4; see also Fiber to the Home Council Americas May 13, 2015 Ex Parte
at 3.
161
AT&T Comments at 9, 17, n.16 (citing to “U-verse Voice service during a power outage,” available at
https://www.att.com/esupport/article.jsp?sid=KB408090), and May 15, 2015 Ex Parte at 2 (explaining that AT&T 
provides information to customers “about the effect of a loss of power on their VoIP service,” and this information 
(continued….)
Federal Communications Commission FCC 15-98
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including practices for prolonging battery life, where to purchase battery replacement, and replacement 
instructions.
162
  CenturyLink indicates that it plans to provide information regarding “sample batteries that 
would work with [CenturyLink] equipment as well as suppliers of such equipment for those customers 
wishing to provide their own backup power.”
163
Charter and Cablevision state that they are making 
“significant efforts to educate their customers about the VoIP services they offer, including that such 
service will not work during a power outage without a backup battery.”
164
53. We find that the lack of uniformity in providers’ backup power information, and as 
commenters present, lack of consumer awareness at a time of technological transition,
165
may lead to 
consumer confusion about consumer expectations and responsibilities in the access of 911 service during 
power outages.  While some providers already offer or plan to make available information to consumers 
in the near future, it appears from comments submitted and providers’ websites that the information 
provided to consumers is not consistent across the industry.
166
  This lack of uniformity may lead to 
(Continued from previous page)                                                            
is given at the time of installation and also made available on the AT&T website); AT&T May 15, 2015 Ex Parte at 
2.
162
AT&T Comments at 9, 17 and note 16 (citing to “U-verse Voice service during a power outage,” available at
https://www.att.com/esupport/article.jsp?sid=KB408090).   
163
CenturyLink Comments at 48, note 130.
164
Charter and Cablevision Ex Parte, May 4, 2015.
165
Attorneys General Comments at 15.
166
Providers present information using many methods. Some may include pictures of their equipment while others 
present information without pictures. Compare AT&T, About U-verse Voice Battery Backup, 
http://www.att.com/esupport/article.jsp?sid=KB407650&cv=803 (last visited June 21, 2015) (presenting step by 
step instructions with pictures of equipment possibly found in subscriber premises) with Bright House, When 
Battery Home Phone Modem Replace, http://support.brighthouse.com/Article/When-Battery-Home-Phone-Modem-
Replace-2542/ (last visited June 21, 2015) (presenting many models by name only, on one page, and provides much 
less information about each model) and Optimum, Battery Backup, 
http://optimum.custhelp.com/app/answers/detail/a_id/1404/kw/backup%20battery (last visited June 21, 2015) 
(providing chart for subscriber to identify the modem model, some links broken, working links lead to modem 
general information and backup power details page).  Other providers allow subscribers to purchase backup power 
online or give necessary specification information for subscribers to purchase backup power from the third party.  
Compare Comcast, Purchase a Battery for Your XFINITY Voice Phone Modem, http://customer.xfinity.com/help-
and-support/phone/getting-a-new-battery/ (last visited June 21, 2015) (providing a 1-800 phone number for 
residential customers and a separate number for “Business Voice” customers, and the cost for the unit and shipping 
fee); with Charter Communications, Important Information about Charter Telephone 911 Services & Battery 
Backup, https://www.charter.com/browse/content/policies-battery (last visited June 8, 2015) (explaining that 
equipment will not work in a power outage unless customers contact Charter to purchase backup batteries); and 
Cincinnati Bell, Connected, http://www.cincinnatibell.com/fioptics/user-guides/documents/cisco.pdf (last visited 
June 5, 2015) (explaining on page 18 of a subscriber welcome kit, in smaller font compared to the earlier pages, that 
ONTs are capable of battery backup that can provide up to 8 hours of power, no additional information provided 
about where to purchase the unit or the specifications for the unit).  Some providers post online information that the 
service requires electrical power to operate, including a backup power source in case of a loss of power.  See e.g.,
Hawaiian Telcom, Hawaiian Telcom TV Terms and Conditions, 
http://www.hawaiiantel.com/TV/ServiceTermsConditions/tabid/1512/Default.aspx (informing consumers that the 
service “requires electrical power to operate”); Optimum, Customize Your Service > Battery Backup, 
http://www.optimum.com/homephoneservice/customize/batterybackup.jsp (last visited June 5, 2015) (noting that 
Optimum Voice will not operate in a power outage and directing consumers to an Optimum store); Mediacom, 911 
During Outages, 
https://mediacomcable.com/CustomerSupport/troubleshooting/phone%20troubleshooting/911duringoutages.html 
(last visited June 5, 2015) (explaining that some models of MTA include a battery backup that provides backup 
power for a limited time); see also supra para. 52.
Federal Communications Commission FCC 15-98
25
consumer confusion at a time of technological transition from services provided over copper networks to 
services provided over IP-based networks,
167
and agree with commenters that there are consumers who 
“may not be aware that VoIP and wireless service operate differently from traditional landline telephony 
in a commercial power outage.”
168
  We acknowledge the concerns of commenters representing unique 
populations, such as AARP, which states that “[g]iven the diversity of service provider practices . . . the 
level of consumer understanding of CPE battery backup issues is certainly not uniform.
169
  Further, 
subscriber complaints reveal that current disclosure practices are likely insufficient.  For example, the 
Commission’s consumer complaints portal reveals that some subscribers are frustrated by VoIP service 
providers’ failure to inform subscribers about the need to self-provision a battery to operate backup power 
in order to access 911 services.
170
  Based on the record, while we acknowledge that there are some 
disclosures already mandated
171
and some additional information provided voluntarily, we are not 
convinced disclosures currently required only for interconnected VoIP providers, are of sufficient scope 
or uniformity across all covered providers, to satisfy the Commission’s obligation to promote the safety 
of life and property and ensure consistent 911 services.
172
  Although not all subscribers may receive 
backup power information from more than one provider in a given year, we acknowledge that backup 
power information may be confusing especially for unique populations struggling during the technology 
                                                     
167
Several commenters describe a technological transition and the lack of consumer awareness.  See Massachusetts 
Department of Telecommunications and Cable (MDTC) Reply at 5 (stating “CPE backup power issue raised in the 
NPRM is a prime example of the type of change for which ongoing consumer outreach is essential); see also Rural 
Broadband Policy Group Comments at 4 (stating “[a]t this stage in the technology transitions . . . consumers are not 
informed of the need for backup power with new technologies”), Public Knowledge Reply at 8 (stating that “[t]his 
would be the first time that we ask consumers to take on the responsibility of ensuring their communications line to 
safety, 911, and loved ones has appropriate power during the most difficult times”).  As noted in the Notice, the 
Public Safety and Homeland Security Bureau (PSHSB) hosted a public workshop in April 2014 in which various 
stakeholders discussed the impacts of technology transitions on public safety.  Notice, 29 FCC Rcd at 14975-76, 
para. 12, n.27.  Participants emphasized the subscribers’ need for continuity of communications, specifically the 
need for backup power during power outages.  Id.
168
See Attorneys General Comments at 15.
169
AARP Comments at 22.
170
Complaint 7575, Nov. 11, 2014 (stating that “Comcast in no way informed me that a battery is not included with 
their MTA and that if the power were to fail, I would not have the ability to dial 911 for emergency purposes.  I have 
children in the home that are sometimes alone and it is important that they have this ability even during a power 
outage. . . . [i]t is very important that every measure is taken to allow phone customers the ability to dial 911”); 
Complaint 118163, Feb. 5, 2015 (explaining that an agent of provider phoned and asked for access to subscriber’s 
premises, subscriber asked if agent was asking about “changing [his] phone service over to the Internet. . . 
[subscriber] explained that if the power or Internet would go out then [subscriber] would lose …911 capability.  
[Agent] said she had never heard about that before.). 
171
47 C.F.R. § 9.5(e); In adopting the rule, the Commission explained that Interconnected VoIP service providers 
are required to notify new and existing consumers in plain language, of the circumstances under which the E911 
service may not be available through the interconnected  VoIP service or may be in some way limited by 
comparison to traditional E911 service.  VoIP 911 Order, 20 FCC Rcd at 10272, para. 48 (2005).  
172
See, e.g., 47 U.S.C. § 151; see also, AT&T, About U-verse Voice Battery Backup, 
http://www.att.com/esupport/article.jsp?sid=KB407650&cv=803 (last visited June 5, 2015) (noting that during a 
power outage a Battery Backup Unit must be used, and providing some information about conserving batter life); 
Charter Communications, Important Information about Charter Telephone 911 Services & Battery Backup, 
https://www.charter.com/browse/content/policies-battery (last visited June 8, 2015) (explaining that equipment will 
not work in a power outage unless customers contact Charter to purchase backup batteries); Cincinnati Bell, 
Connected, http://www.cincinnatibell.com/fioptics/user-guides/documents/cisco.pdf  (last visited June 5, 2015) 
(explaining within Terms of Service that ONTs are capable of battery backup that can provide up to 8 hours of 
power).
Federal Communications Commission FCC 15-98
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transition,
173
or those who may need to switch providers often, such as military families needing to 
relocate.  We find that it is in the public interest for the Commission to establish a uniform requirement to 
provide minimum information as described below in order to ensure that all subscribers of covered 
services are equipped with necessary information to access 911 services during power outages regardless 
of provider or technology used.
54. Adoption of best practices established by CSRIC, as recommended by some industry 
commenters, may help, and we do not intend to discourage adoption of these practices.  However, we are 
not convinced that the voluntary adoption of these practices without a standard, mandatory baseline will 
eliminate consumer confusion.  We therefore address these concerns by requiring minimum subscriber 
disclosure obligations, while at the same time encouraging providers to voluntarily follow additional 
CSRIC best practices regarding backup power.
55. As NCTA discussed,
174
current Commission rules require a limited customer notification 
for interconnected VoIP service providers.
175
  This requirement, however, is only for a subset of covered 
providers considered in this Report and Order,
176
and we find that the information currently required is 
too limited to fully inform consumers about backup power.  Specifically, section 9.5(e)(1) of the 
Commission rules requires customer notifications for circumstances such as “loss of electrical power,” 
“under which E911 service may not be available through the interconnected VoIP service or may be in 
some way limited by comparison to traditional E911 service.”
177
  Informing consumers of the 
circumstances under which their E911 service is not available does not adequately inform a consumer on 
how to purchase, efficiently use, monitor, or replace backup power at the consumer’s premises.
178
  
56. We conclude that requiring providers to develop and implement subscriber disclosures 
regarding backup power with minimum baseline disclosures serves the public interest and will promote 
access to 911 while being of minimal cost to the providers.  As CenturyLink notes, there is a clear public 
benefit in promoting consumers’ awareness of the need for affirmative action to acquire and maintain 
backup power.
179
  According to the Communications Workers of America (CWA), “Commission 
oversight is essential to encourage . . . consumer education about the time limits and capabilities of 
battery-provided backup power.”
180
  Attorneys General state that “enabling consumers to prepare 
themselves for emergencies and avoiding public confusion should be fundamental Commission goals.”
181
  
We agree with these commenters, and others, who recognize the importance of consumer information in 
managing the historical consumer expectations regarding continuity of communications.
182
  As described 
in detail below, we also find the costs to providers in making the required disclosure to be minimal. 
                                                     
173
See III.A. (discussing need for rules during technology transition).
174
See NCTA Comments at 5; NCTA Reply Comments at 6.
175
47 C.F.R. § 9.5(e)(1-3).
176
See supra Section III.B. (defining “covered services”).
177
47 C.F.R. § 9.5(e)(1); see also IP-Enabled Services; E911 Requirements For IP-Enabled Service Providers, First 
Report and Order and Notice of Proposed Rulemaking, 20 FCC Rcd 10245, 10272-73, at para. 48, n.154-155 
(2005). 
178
See, e.g., TWC Community Forum, Arris TG1672G cable modem's battery is dying/dead?, (November 28, 2014, 
05:41pm), http://forums.timewarnercable.com/t5/Equipment/Arris-TG1672G-cable-modem-s-battery-is-dying-
dead/m-p/61027/highlight/true#M503. 
179
CenturyLink Comments at 46.
180
Communications Workers of America Reply Comments at 3. 
181
Attorneys General Comments at 12-13.
182
See Public Knowledge Reply at 8 (stating this is a “vast cultural shift,” and that “[t]he transition should not mean 
that customers must accept new fallibility in their telephone services”); see also AARP Comments at 22.
Federal Communications Commission FCC 15-98
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b. Minimum Information Elements
57. The disclosure requirements adopted today are intended to equip subscribers with 
necessary information to purchase and maintain a source of backup power to enhance their ability to 
maintain access to reliable 911 service from their homes.  Several parties commented on what information 
should be included in the disclosures.  For example, some commenters strongly support including 
information about battery life spans, procedures for ordering, installing, replacing, and extending battery 
life during a power outage.
183
  The City of New York recommends that we require providers to furnish 
information to assist in extending the “useful life of battery backup” such as powering off the system or 
closing applications.
184
  APCO suggests that a public education requirement include information on “any 
impact to 9-1-1 services.”
185
  The respective Attorneys General for the State of Illinois and the State of 
New York strongly support consumer education addressing the many factors that can affect the amount of 
“stand-by time” a backup power solution provides.
186
  The California PUC urges the Commission “to 
mandate that service providers give customers educational materials consistent with California's existing 
requirements,” which include, for example, requiring providers to tell their customers that their services 
require backup power on the customer’s premises, limitations of service,  and potential service failure 
during power outages.
187
  The California PUC also requires providers to tell consumers about how to best 
“maximize the ability to make or receive necessary phone calls during an outage.”
188
  
58. In addition to commenting on the appropriate level of disclosure in any Commission 
requirements, some commented on the opportunity for states to require more extensive disclosure.  For 
example, the California PUC requests that the Commission allow the states to “adopt more extensive 
backup power requirements.”
189
  Similarly, NARUC suggested that the Commission establish “a floor” 
that does not impact more protective state-level measures.
190
59. Several industry commenters identified information that is currently included in some 
backup power notifications to subscribers.  For example, ACA asserts that providers inform potential and 
current subscribers that their voice service is not powered by the network, and during a power outage, 
                                                     
183
See generally NARUC Reply at Appendix A (“Resolution Urging the FCC to Partner with States to Protect 
Residential and Business Consumers During the Technology Transition”); see also id. at 3; AARP Comments at 22 
(providers should provide information of “the purchase of replacement, installation, and proper disposal of 
batteries); Massachusetts Department of Telecommunications and Cable Comments at 5-6.
184
City of New York Comments at 2-3.
185
See APCO Comments at 3.
186
See Attorneys General Comments at 13.
187
California Public Utilities Commission (CPUC) Comments at 3.  See also Order Instituting Rulemaking on the 
Commission's Own Motion into Reliability Standards for Telecommunications Emergency Backup Power Systems 
and Emergency Notification Systems Pursuant to Assembly Bill 2393., 2010 WL 324784 (Cal. P.U.C. 2010).  The 
CPUC also urges the Commission to include cordless phones in an education requirement because cordless phones 
are not self-powered and fail during a power outage.  See CPUC Comments at 4; Randall Scott Comments at 5 
(suggesting statements on monthly cable bills).  We consider issues regarding cordless phones or other devices not 
provided by service providers outside the scope of this proceeding.
188
CPUC Comments at 3.
189
Id. at 7.  Several states and state advocates urged the Commission to work with the states on these issues.  See 
generally, NARUC Reply at 11; PA PUC Comments at 13-14; NYPSC Comments at 9; CPUC Comments; MDTC 
Reply Comments at 4. 
190
NARUC Comments at 11.
Federal Communications Commission FCC 15-98
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without battery backup, the subscriber may lose access to 911.
191
  ACA explains that this notice also alerts 
customers about specific backup power capabilities of the equipment.
192
  
60. We agree with the commenters who suggest that the Commission adopt minimal 
requirements for the types of information that service providers must give subscribers, regarding backup 
power.  This will decrease the likelihood of consumer confusion, and ensure that all subscribers have 
access to basic information about the need for, and how to acquire and conserve, backup power.  In this 
respect, we observe that several providers already give relevant information to their customers; however, 
the amount and type of information given varies greatly from one provider to another, and thus gives rise 
to the potential for consumer confusion.
193
  This confusion may lead the consumer to fail to take proper 
precautions to acquire and maintain backup power, and ultimately result in the inability to access 911 at a 
critical moment during a power outage.  Thus, we find it in the public interest to identify minimum 
information that must be communicated to consumers regarding backup power.
194
  In this respect, we 
require providers to disclose to subscribers the following information:  (1) availability of backup power 
sources; (2) service limitations with and without backup power during a power outage; (3) purchase and 
replacement options; (4) expected backup power duration; (5) proper usage and storage conditions for the 
backup power source; (6) subscriber backup power self-testing and monitoring instructions; and (7) 
backup power warranty details, if any.  In order to minimize the burden on smaller providers, we direct 
the PSHSB to work with CGB to develop such forms or other documents, prior to the implementation 
date of these rules for smaller providers, as herein defined, for the use of smaller providers in disclosing 
the required notifications to their subscribers, including subscribers with disabilities.
61. Availability of Backup Power Sources.  Subscribers must be made aware whether their 
service is capable of accepting backup power and, after the initiation of service, whether they may obtain 
backup power from the provider or from a third party.  Some providers post this information online,
195
but we find that the posted information is both too limited and not readily accessible by all subscribers.  
                                                     
191
ACA Comments at 11 (providers inform subscribers if loss to 911 if subscribers do not have a “UPS, including 
battery backup, and when backup batteries lose their charge”).
192
Id.
193
See supra, note 166; see also CenturyLink, CenturyLink will no longer install Battery Backup Units, 
http://www.centurylink.com/help/index.php?assetid=311 (last visited June 5, 2015) (explaining that customers are 
responsible for acquiring their own battery backup solutions and replacement batteries); Verizon, Battery Backup 
Unit (BBU), 
http://www.verizon.com/support/residential/tv/fiostv/general+support/new+to+fios+tv/questionsone/121498.htm 
(last visited June 5, 2015) (explaining that the ONT provided to customers has a battery backup under warranty for 
one year); Comcast, Emergency Backup System, 
http://customer.xfinity.com/helpandsupport/phone/poweroutagesanddigitalvoiceservice/  (explaining that some 
Comcast customers are eligible to purchase backup batteries from Comcast); Bright House Networks, Bright House 
Networks Phone Modem Battery Policy, http://brighthouse.com/policies/policies/battery-policy.html (last visited 
June 5, 2015) (explaining that Bright House Networks modems may or may not have backup batteries and 
customers are responsible for maintaining, monitoring, and replacing batteries).
194
We emphasize that this information establishes a floor only, and does not supplant the ability of states, to the 
extent they have jurisdiction over the service, to adopt additional obligations that do not prevent implementation of 
our rules.
195
See generally, e.g., Verizon, Battery Backup Unit (BBU), 
http://www.verizon.com/support/residential/tv/fiostv/general+support/new+to+fios+tv/questionsone/121498.htm 
(last visited June 5, 2015) (explaining that the ONT includes a Battery Backup Unit with swappable batteries); 
Frontier, When and How to Replace Your Battery Backup for Frontier Voice, https://frontier.com/docs/help-
center/connecticut/replace-battery-backup (explaining to customers how to replace batteries in Frontier CPE); 
AT&T U-verse Support, About U-verse Voice Battery Backup, 
http://www.att.com/esupport/article.jsp?sid=KB407650&cv=803 (explaining to users how to use battery backup 
with AT&T CPE); see also supra note 161.
Federal Communications Commission FCC 15-98
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Therefore, it is insufficient notice to subscribers of a critical piece of information that they need to ensure 
continuity of access to critical 911 services during a power outage.  Accordingly, we require providers to 
inform new and existing subscribers about the availability of compatible backup power sources for their 
service, as outlined below.
196
  Again, we emphasize that providers are not required to research and/or 
provide information on every possible backup power source that could potentially be compatible with a 
Covered Service; disclosure obligations under our rules are limited to basic information allowing 
consumers to make informed choices about their purchase and use of backup power to maintain 
continuity of access to 911.
62. Service Limitations With and Without Backup Power. We require providers of Covered 
Service to notify subscribers about the service limitations with and without the use of a backup power 
source.
197
  As we stated in the Notice, consumers of wireline telephony may expect their plug-in phones to 
work during a power outage without any further action on their part.
198
  Non-copper based networks and 
services not based on TDM may not support these traditional wireline functionalities, or may not support 
them in the ways consumers have come to expect.
199
  We are persuaded by commenters who support 
more fulsome disclosures of service limitations.
200
  Accordingly, we require providers of Covered Service 
to inform subscribers about the impact of power outages on the use of 911 services and the type of service 
that will continue to work with backup power.
201
  For example, the obligation may be satisfied by 
notifying subscribers that voice service will be unavailable during a power outage without backup power, 
and that this backup power will not also power services other than voice.  Further, to the extent the 
provider has information about other services at the subscriber premises – for example, home security, 
medical monitoring devices, or other similar equipment – the provider should notify the subscriber that 
these services will not be powered by the backup power source for voice service.
202
   
63. At this time, we decline to require providers of a Covered Service to disclose the 
limitations of cordless handsets during power outages.  Commenters such as US Telecom and California 
PUC note that cordless phones rely on commercial power, and will not function during a power outage.
203
  
Accordingly, the California PUC supports a requirement that providers tell consumers that “cordless 
phones will not work in power outage.”
204
  However, we observe that the concern about cordless phones 
not functioning during a power outage exists regardless of the underlying network providing service to a 
subscriber; that is, it is an equipment issue that does not depend on the type of underlying network –
copper, fiber, or cable.  Accordingly, we do not believe it is imperative to impose such an obligation here 
on the service provider.  
64. Purchasing and Replacement Options.  Providers of Covered Service must inform 
subscribers about backup power purchasing and replacement options to enable subscribers to make 
                                                     
196
See infra Section III.C.2.c.
197
This requirement does not replace the current rule that requires only interconnected VoIP service providers to 
disclose, obtain, and retain written customer acknowledgement that the service provided will not work when there is 
a loss of electrical power.  See 47 C.F.R. § 9.5(e)(1).
198
Notice, 29 FCC Rcd at 14974-75, para. 9.
199
Id. 
200
See APCO Comments at 3; CPUC Comments at 4.
201
APCO Comments at 3.
202
See e.g. Comcast Ex Parte Letter at 1 (explaining that Comcast customers have the option to purchase battery 
backup that includes battery monitoring and customer notification). 
203
AT&T Ex parte 5/15 at 1; California PUC Comments at 4 (stating “[c]ordless phones are not self-powered, and 
fail during a power outage”).  
204
CPUC Comments at 4, appx. A.
Federal Communications Commission FCC 15-98
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informed decisions regarding whether to purchase backup power and how to find backup power that is 
compatible with the service.  If, after the initiation of service, the provider does not sell a backup power 
source directly to subscribers, the provider must give subscribers enough identification information about 
what type of power source is compatible as well as purchasing options.  Such identifying information 
must, at a minimum, include where to purchase a power source, the approximate cost, and the voltage and 
type of battery that is compatible with the service.  That many providers currently make this information 
available suggests that the burden of doing so is not unreasonable.
205
  
65. Backup Power Duration.  Providers of Covered Service must inform subscribers about 
the expected duration of the backup power source and factors that impact duration, e.g., usage and storage 
conditions.
206
  We agree with the commenters who argue that standby time can be affected by many 
factors.
207
  Therefore, in addition to explaining the length of time the provider’s backup power source is 
expected to power the service in standby mode and, to the extent possible, the expected amount of talk 
time, providers of Covered Service must notify subscribers of the proper backup power usage and storage 
conditions, and how these affect the backup power source operation during a power outage.  This 
obligation includes identifying how subscribers may limit and conserve backup power both before and 
during a power outage.  We agree with the suggestion of the City of New York that providers furnish 
“information to assist the [subscriber] in extending the useful life of battery backup.”
208
  Accordingly, 
providers of Covered Service must advise subscribers of the proper backup power storage and charging 
conditions so that subscribers know, for example, whether battery power life, capacity, or run time will 
decline, whether the batteries must be replaced after a certain amount of time, and the proper storage 
temperatures.  That is, the information provided must at a minimum clearly inform subscribers about the 
impact of environmental factors.  
66. We strongly encourage providers to assist subscribers in developing a plan for extended 
backup power by notifying them of options to extend backup power beyond the life of the battery.  For 
example, providers could inform subscribers that they could purchase several backup power units for use 
during prolonged outages, and provide directions for rotating these as required to keep the units charged.  
We also strongly encourage providers to inform subscribers of any available accessories such as solar or 
car chargers, which may be able to recharge a depleted backup power unit.
209
  And, when applicable, 
providers should inform subscribers of the availability of deployed mobile charging stations.
210
  This 
information will arm subscribers with the knowledge necessary to be prepared for extended power 
                                                     
205
For example, the Time Warner Cable website states that “[al]though Time Warner Cable does not provide backup 
batteries, [the consumer] may purchase one from the modem manufacturer,” and then gives the instructions to select 
the modem manufacturer from the list provided to “learn more about how to purchase a backup battery.”  Time 
Warner Cable, Stay Connected Even When the Power is Out, 
http://www.timewarnercable.com/en/support/phone/topics/phone-power-backup.html.
206
Providers may direct subscribers to the backup power source manufacturer if provider sells the manufacturer’s 
backup power source as a third party backup power solution to subscribers.
207
See e.g. Attorneys General Comments at 13 (suggesting that because “stand-by time can be affected by many 
factors—this makes consumer education and standardization critical,” and strongly supports a requirement that 
providers “conspicuously display both stand-by time and talk time in the event the back-up power source is 
needed”).
208
City of New York Comments at 2-3.  We do not, however, agree with the City of New York that providers 
should advise subscribers to turn off systems to save battery and close applications, even if those actions would help 
reduce power consumption and preserve battery life, as this could prevent the receipt of emergency communications.  
Consumers would be better served with information on how to reduce power draw when a backup power solution is 
in use.  
209
See supra Section III.C.1.
210
See supra Section III.C.1.a. (discussing mobile charging stations).
Federal Communications Commission FCC 15-98
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outages and to take steps to mitigate disruption to their 911 communications.  
67. Testing and Monitoring.  Although we do not require providers to monitor backup power 
sources, when the subscriber purchases backup power directly from the provider, the provider must 
inform and instruct subscribers about how to self-monitor and self-test the backup power source.  Several 
commenters support such a requirement, and we find the analogy in the comments of MDTC to be 
appropriate: “like smoke alarms, IP equipment have similar importance to personal and public safety and 
is usually dependent upon the user for periodic testing and battery replacement.”
211
  We are persuaded by 
these commenters that providers must clearly explain how a subscriber may test, monitor, and maintain 
the backup power source.  We observe that several providers are currently effectively providing pictorial 
or other detailed explanations about subscriber self-testing and self-monitoring of backup power.
212
  
Given their ongoing relationship with their subscribers, we find that providers are in the best position to 
notify and remind subscribers about how to test and monitor backup power.  By furnishing specific 
instructions to subscribers on how to self-monitor and test backup power sources, providers will decrease 
consumer confusion, and greatly enhance the public’s ability to maintain critical communications during 
power outages.
68. Warranty. If the subscriber acquires the backup power from the provider, the provider 
must explain the elements of the warranty, if any, such as the warranty expiration date, and under what 
circumstances a replacement would be provided.
213
  We note that several providers already effectively 
offer online information regarding replacement procedures, which suggests that this is information that is 
helpful to consumers in preserving their ability to reach 911.
214
   
c. Availability of Required Information
69. Each element of the information described above must be given to subscribers both at the 
point of sale and annually thereafter, as described below.
215
  This information will help subscribers plan in 
                                                     
211
MDTC Reply Comments at 5-6 (stating “[i]ndustry and other stakeholders need to develop outreach and 
education plans that inform and remind consumers of the need to test and replace their equipment so that it works in 
an emergency and reminds them that the equipment’s backup battery power is limited”).
212
See, e.g., AT&T U-verse Support, About U-verse Voice Battery Backup, 
http://www.att.com/esupport/article.jsp?sid=KB407650&cv=803 (last visited June 5, 2015) (Providing a Backup 
Battery Status alerts chart that explains audible alerts and LED light states for various statuses); Bright House 
Networks, How can I tell Whether the Battery for My Home Phone Modem Needs to be Replaced?, 
http://support.brighthouse.com/Article/When-Battery-Home-Phone-Modem-Replace-2542/ (last visited June 5, 
2015) (explaining various battery indicator light states and tests the consumer can perform); Time Warner, Be 
Prepared for Power Outages, http://www.timewarnercable.com/en/support/phone/topics/phone-power-backup.html 
(last visited June 8, 2015) (noting that consumers should check the battery indicator light twice a year); Frontier, 
About Frontier Voice Battery Backup, https://frontier.com/docs/help-center/connecticut/about-frontier-voice-battery-
backup (last visited June 5, 2015) (providing a chart listing visual indicators and audible alerts for various status 
alert states of the backup battery unit). We also observe that backup power source audible alerts and color light 
signals are at times a source of consumer confusion.  See AT&T, Why is my backup battery beeping? ...And how do 
I make it stop?! (Residential Gateway), AT&T Community Forums (Oct. 8, 2013 11:05 AM), 
https://forums.att.com/t5/Receivers-Battery-Backup/Why-is-my-back-up-battery-beeping-And-how-do-I-make-it-
stop/td-p/3601359 (explaining that the customer’s backup power device is making beeping noises).
213
Providing subscribers with a copy of any warranty or warranties for backup power would be sufficient to satisfy 
this obligation. 
214
See, e.g., Frontier, When and How to Replace Your Battery Backup for Frontier Voice, 
https://frontier.com/docs/help-center/connecticut/replace-battery-backup (last visited June 5, 2015) (listing steps to 
replace the batteries for various modem models); Comcast, SMC Networks SMCD3GNV Battery Installation and 
Replacement http://media2.comcast.net/anon.comcastonline2/support/help/faqs/battery/New/SMCD3GNV.pdf  (last 
visited June 8, 2015) (using graphics to explain battery replacement process).
215
See infra, Section III.C.2.c.
Federal Communications Commission FCC 15-98
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advance to extend the effectiveness of their backup power and ultimately, as we stated in the Notice, 
count on the continued availability of 911 service in harsh weather conditions or other emergencies when 
consumers are most vulnerable.
216
70. We sought comment in the Notice on when providers should make information available 
regarding backup power.
217
  For example, we asked whether the information should be made available at 
the point of sale, at the initial set up of service, or at some other point in the process.  We also asked 
whether providers should make detailed backup power information available prior to a predicted extreme 
weather event or other anticipated emergency.
218
  
71. Commenters support disclosure of backup power information to subscribers at various 
points in time.  For example, the Attorneys General argue that the Commission should inform subscribers 
“when new service requires additional equipment to access emergency services in a power outage.”
219
  
The CPUC supports providing information upon “service initiation and annually thereafter regarding 
backup power,”
220
as well as sending “an annual reminder to customers to check the status of their 
battery.”
221
  On the other hand, providers such as CenturyLink see value in asking “at the point-of-sale” if 
their customers want backup power, at which time consumers will be assessed a “one-time, non-recurring 
charge.”
222
72. We are persuaded by comments supporting an initial disclosure at the point of sale for the 
new service and an annual disclosure for all subscribers, both new and existing.  We agree with AT&T 
that subscribers should have the information they need to “shop among competitive alternatives for 
backup power, including the alternative of opting out of backup power altogether.”
223
  As commenters 
note, service providers have an important role in disseminating information to their subscribers. AARP 
states that the “availability and distribution of accurate information related to CPE backup power from 
reliable sources is an important means to empower consumers.”
224
  Equipped with initial and annual 
notifications, including the disclosures and information as described above, all subscribers, both new and 
existing, will be in a better position to make backup power purchase decisions and conduct regular 
maintenance in order to ensure access to 911 services during power outages.
73. We also sought comment on how providers should make backup power information 
available to consumers.
225
  Commenters suggest that providers should offer information on websites, and 
in individual electronic and paper billing materials.
226
  ACA, for example, states that its members use a 
                                                     
216
Notice, 29 FCC Rcd at 14975, para. 11.
217
Notice, 29 FCC Rcd at 14990, para. 39.
218
Id.
219
Attorneys General Comments at 9.
220
CPUC Comments at 7; Randall Scott Comments at 6 (suggesting providers annually mail information to 
consumers about “how and where . . . obtain and install alternative or replacement [units]”).
221
CPUC Comments at 7.  CPUC requires that covered providers periodically remind consumers, “on at least an 
annual basis.”  Order Instituting Rulemaking on the Commission's Own Motion into Reliability Standards for 
Telecommunications Emergency Backup Power Sys. & Emergency Notification Sys. Pursuant to Assembly Bill 
2393, 2010 WL 324784, Cal. P.U.C. D. 10-01-026, (Jan. 21, 2010). 
222
CenturyLink Comments at 47.
223
AT&T Reply Comments at 11.
224
AARP Comments at 2, 16-17.
225
Notice, 29 FCC Rcd at 14975, para. 39.
226
AARP Comments at 22; Randall Scott Comments at 5 (suggesting statements on monthly cable bills).
Federal Communications Commission FCC 15-98
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variety of approaches, such as posting information on the operator’s website, to inform subscribers about 
backup power supplies for CPE.
227
  CenturyLink states that “service providers are increasingly 
communicating with customers about the issue of backup power,” and supplementing brochures provided 
to customers with information on the company website.
228
  ESA raises concerns that there may be 
scenarios, for example with the elderly, requiring “personal interaction with consumers to assist with 
upgrading or changing a battery.”
229
  NTCA, GVNW, and Vantage Point Solutions suggest that 
consumers that “utilize an assistive device in connection with a disability” should be part of the consumer 
education process.
230
74. We seek to provide flexibility regarding the manner in which providers inform their 
subscribers, while also honoring any preferences expressed by customers. We thus permit providers to 
convey both the initial and annual disclosures and information described above by any means reasonably 
calculated to reach the individual subscriber.  For example, a provider may meet this obligation through a 
combination of disclosures via email, an online billing statement, or other digital or electronic means for 
subscribers that communicate with the provider through these means.  For a subscriber that does not 
communicate with the provider through email and/or online billing statements – such as someone who 
ordered service on the phone or in a physical store and receives a paper bill by regular mail – email would 
not be a means reasonably calculated to reach that subscriber.  
75. We observe that many providers use a variety of methods to offer backup power source 
information on their websites as well as in welcome kits,
231
including charts, pictorial explanations, and 
links to backup power source manufacturers.  We encourage providers to continue to do this, as long as 
required disclosures are reasonably calculated to reach each subscriber.  Posting information on a website 
may be helpful but, by itself, would not satisfy our requirement that notifications be reasonably calculated 
to reach individual subscribers, even for those subscribers that communicate with the provider via online 
means.  Further, we are persuaded by commenters that there are populations, such as the elderly
232
or
individuals with disabilities,
233
who have no or a very limited online relationship with the provider or 
otherwise may need more targeted consumer education outreach beyond posting online information. 
76. We believe that the cost of these backup power disclosure requirements will be minimal 
and, thus, will be exceeded by the significant benefits we expect to result from this subscriber disclosure, 
such as enhanced subscriber access to 911 services.
234
  Among other things, we note that the vast majority 
of providers already furnish subscribers with some backup power information.  As a result of current 
disclosure practices, we expect that only a small share of the providers will need to take additional steps 
to comply with these rules beyond modifications to existing disclosures.  Similarly, providers already 
                                                     
227
ACA Comments at 2-3; Fiber to the Home Council Americas Comments at 4.
228
CenturyLink Comments at 48-49 (stating that in Omaha, Nebraska, CenturyLink “advised customers of the 
importance of maintaining battery power (particularly with respect to 911 access), provided the names of the 
suppliers of the CenturyLink provided batteries, cautioned that most batteries would last about three years, and 
noted that there was a visual indicator on the battery unit to indicate when it needed to be replaced. CenturyLink also 
provided information about other battery backup suppliers and their websites for replacement battery purposes.”).
229
Electronic Security Association Comments at 3.
230
NTCA, GVNW, Vantage Point Solutions Ex Parte at 4.
231
AT&T, AT&T U-verse Digital Voice Self Installation Guide, 
https://www.att.com/support_media/images/pdf/uverse/VoIP_Service_Activation.pdf  (last visited June 5, 2015) 
(AT&T Welcome Kit explaining battery backup).
232
Electronic Security Association Comments at 3.
233
NTCA, GVNW, Vantage Point Solutions Ex Parte at 4 (stating that “consumers that utilize an assistive device in 
connection with a disability” should be address as part of the “consumer education process”).
234
See supra para. 22.
Federal Communications Commission FCC 15-98
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furnish subscribers with information upon initiation of service, and are free to include the information we 
require herein with the other materials, removing the need for a special cost of distribution.  Also, in order 
to limit costs to providers, we make clear above that a service provider may fulfill its disclosure 
obligation via any means reasonably calculated to reach the consumer, while also honoring any 
preference expressed by the customer.  Such methods may include electronic outreach, including email 
notification and paperless billing statements; paper copies are not required for subscribers who access and 
receive information through those means.  The annual notification associated with this requirement gives 
service providers ample time to plan, for example including the appropriate notifications in normally-
distributed billing statements in a manner that does not serve to increase the number of printed pages 
distributed.  As noted above, the Commission will further reduce compliance costs by providing guidance 
as to the required notifications to subscribers.  Accordingly, the costs of satisfying the notification 
requirement should be minimal for service providers, and the benefits of informing consumers of backup 
power solutions in order to reach 911 service from the subscriber premises during power outages, far 
outweighs any such minimal costs.   
77. As with the rules obligating providers to offer backup power solutions, there are 
numerous benefits associated with the disclosure requirements on how commercial power outages affects 
VoIP service.  Millions of Americans have come to rely on their TDM voice service working during a 
commercial power outage to call 911.
235
  With this backdrop, educating consumers that their phones will 
not work in a commercial power outage absent backup power is essential even if the consumer opts not to 
purchase backup power.  At a minimum, an educated consumer will not have the expectation of relying 
on a VoIP service only to have it fail to operate when the consumer tries to make a 911 call, wasting 
valuable time in the process.  In this way the consumer notifications not only promote the availability of 
911 service in power outages, pursuant to our statutory mandate governing IP transitions, but also 
promote the “safety of life and property through the use of wire and radio communication,”
236
the 
Commission’s statutory charge, by enabling customers to know the limitations of their service in an 
power outage situation and to make alternate arrangements—either via a backup power solution or 
alternate means of communication—to ensure the 911 call can go through.  This is consistent with our 
findings with respect to requiring minimum wireless location accuracy where we found that the rules 
“will improve emergency response times, which, in turn, will improve patient outcomes, and save 
lives.”
237
  We find, therefore, that it is reasonable to expect that the rules we adopt today will save lives 
and result in numerous other benefits that are less quantifiable but still advance important public interest 
objectives.
238
  Given that the notification requirements contained herein have minimal associated costs, 
we find that the benefits of these rules far exceed the costs. 
3. Community Outreach 
78. In the Notice, we sought comment on whether we should require providers to develop 
and implement consumer education plans regarding the availability of backup power.
239
  We also inquired 
whether there is a need for measures beyond written notice to customers.
240
  The few commenters that 
                                                     
235
Notice, 29 FCC Rcd at 14975, para. 11.
236
47 U.S.C. § 151.
237
Wireless E911 Location Accuracy Fourth Report and Order, 30 FCC Rcd at 1319, para. 162. 
238
Even if just one life is saved per year, and we expect that providing the option for at least eight hours of backup 
power would allow for many life-saving 911 calls during commercial power outages, the benefits to the nation could 
be calculated at $9.1 million.
  
The value of a statistical life (VSL) is currently estimated at $9.1 million.  See DOT 
Guidance on Economic Value of a Statistical Life at 1.  The Department of Transportation defines VSL as “the 
additional cost that individuals would be willing to bear for improvements in safety (that is, reductions in risks) that, 
in the aggregate, reduce the expected number of fatalities by one.”  Id. at 2.
239
Notice, 29 FCC Rcd at 14990, para. 39.
240
Id. at 15001-02, paras. 74-75.
Federal Communications Commission FCC 15-98
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addressed this issue see a need for outreach beyond written disclosures to subscribers for the Nation to 
make the transition to an all-IP environment effectively and with the least amount of consumer confusion.  
We agree with NASUCA that a backup requirement without a comprehensive consumer education plan 
would be of limited value,
241
and we find that a truly comprehensive plan should contain an outreach 
component.  That is, as noted by the Massachusetts Department of Telecommunications and Cable 
(MDTC), written notice to subscribers is only a portion of the consumer outreach and education that is 
necessary during these times of technology transitions.
242
   
79. We agree with MDTC that to provide for flexibility in the delivery of technology 
transition information, while ensuring its accuracy and effectiveness, providers should develop outreach 
and education plans in coordination with state, local, and tribal agencies and community organizations.
243
  
Our Intergovernmental Advisory Committee (IAC) notes that “education efforts must include all levels of 
governments that interact with consumers.  In this manner, state, local and tribal governments will be able 
to assist consumers in making informed choices that satisfy their communications needs.” However, the 
IAC further believes that providers instead of the FCC, state, local or tribal governments should have the 
primary responsibility to do consumer outreach on technology transitions. Thus, the IAC asserts that the 
FCC should “require [ ] providers to inform consumers of their options well before actual transition 
occurs.”  For example, the IAC recommends that “providers should have dedicated phone, website and 
email contacts for consumers to report issues, and to obtain information. The objective of such outreach 
should be to provide information and answer questions, rather than market new services to consumers.”
244
80. We recognize that many providers already offer consumer education beyond providing 
mere written notice, and they already engage in community outreach as well.
245
  We see great value in 
providers forging closer relationships with communities, so that local officials can know and understand 
the likelihood that their residents will be able to summon help, or communicate the status of their welfare 
in an extended power outage.  Community outreach can also help ensure the best possible outcome before 
disaster strikes (for example, by encouraging communities to maintain sufficient supplies of batteries and 
other UPS equipment).
81. We also note that many communities have a robust telephone-based alert capability to 
warn residents of emergencies in their area.  For this reason, and for the great value in being able to 
receive incoming calls from emergency services personnel, providers of covered services should organize 
their outreach to subscribers pursuant to this Report and Order around the goal of sustaining continuous 
communications availability.  
                                                     
241
NASUCA Comments at 3.
242
MDTC Comments at 4.
243
Id.
244
See IAC Recommendations at 2-3.
245
See, e.g. Verizon’s emergency preparedness outreach activities at: 
https://www.verizonwireless.com/aboutus/commitment/emergency-preparedness.html; outreach with Red Cross and 
FEMA http://www.verizon.com/about/news/red-cross-fema-verizon-pseg-partner-perth-amboy-national-
prepareathon-day; Online consumer tips about hurricanes at http://www.verizon.com/about/news/mother-
nature%E2%80%99s-extreme-power-verizon-tips-consumers-businesses; Blogpost about Winter storms:  
http://www.verizon.com/about/news/weather-outside-frightful; Online consumer tips about winter storms: 
http://www.verizon.com/about/news/nemo-develops-verizon-finalizes-storm-preparations, 
http://www.verizon.com/about/news/winter-storm-saturn-threatens-east-verizon-finalizes-storm-preparations-offers-
preparedness; Verizon Senior Symposium (Technology Education Event) at 
http://www.verizon.com/about/community/dc_outreach.html; AT&T Emergency Prep & Outreach Storm prep tips 
at http://www.att.com/Common/merger/files/pdf/att_emer_prepare_tips.pdf and 
http://about.att.com/newsroom/tech_tips_to_prepare_for_spring_severe_weather.html;  Bright House Involvement 
in Community at http://brighthouse.com/about/about-us/community.html.
Federal Communications Commission FCC 15-98
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82. In order to minimize cost and provide maximum flexibility, at this time, we encourage, 
but do not require, all providers to engage in the type of community outreach that would be required for a 
consumer education plan to truly be considered comprehensive.  
D. Legal Authority 
83. Today we adopt rules to educate and empower consumers to take necessary steps to 
ensure that their “home phone” is capable of making 911 calls during a power outage. These rules are 
well-grounded in the “broad public safety and 911 authority Congress has granted the FCC.”
246
Congress 
created the Commission, in part, “for the purpose of promoting safety of life and property through the use 
of wire and radio communications.”
247
Congress specifically directed the Commission to “designate 911 
as the universal emergency telephone number within the United States for reporting an emergency to 
appropriate authorities and requesting assistance,”
248
in legislation the purpose of which was to 
“encourage and facilitate the prompt deployment through the United States of a seamless, ubiquitous, and 
reliable end-to-end infrastructure for communications . . . to meet the Nation’s public safety and other 
communications needs.”
249
  The D.C. Circuit has also specifically upheld the Commission’s extension to 
interconnected VoIP providers of the obligation “already required of providers of traditional telephone 
service [to] transmit 911 calls to a local emergency authority.”
250
  In 2008, Congress expressly confirmed 
that authority to adopt rules that “promote and enhance public safety by facilitating the rapid deployment 
of IP-enabled 911 and E–911 services.”
251
Congress has also charged the Commission with promulgating 
“regulations, technical standards, protocols, and procedures as are necessary to achieve reliable, 
interoperable communication that ensures access by individuals with disabilities to an Internet protocol-
enabled emergency network, where achievable and technically feasible.”
252
84. In this Report and Order, we exercise this broad and longstanding authority over 911 to 
impose requirements on residential facilities-based voice service providers in their provision of 911 
service. Our adoption of rules to enable the continued provision of 911 service during power outages—a 
logical component of the larger duty to provide 911 service in general—lies clearly within this authority. 
The Commission’s “broad authority” over 911 is grounded in multiple statutory provisions, as discussed 
above, that work together to promote universal access to 911. The rules we adopt today contribute to the 
implementation of this statutory scheme by facilitating the provision of 911 service under specific 
circumstances: when a customer is relying on a residential voice service that is not line-powered to place 
                                                     
246
Nuvio Corp. v. FCC, 473 F.3d 302, 312 (D.C. Cir. 2006) (Kavanaugh, J., concurring); see also Improving 911 
Reliability Report and Order, 28 FCC Rcd at 17529-30 ¶ 148-50; Revision of the Commission’s Rules To Ensure 
Compatibility with Enhanced 911 Emergency Calling Systems; Request of King County, Washington, CC Docket 
No. 94-102, Order on Reconsideration, 17 FCC Rcd. 14789, ¶ 1 (2002). 
247
47 U.S.C. § 151.
248
Wireless Communications and Public Safety Act of 1999, PL 106–81, 113 Stat 1286 § 3(a) (1999) (codified at 47 
U.S.C. § 251(e)(3)).
249
Id. § 2(b)
250
Nuvio, 473 F.3d at 303.
251
New and Emerging Technologies 911 Improvement Act of 2008 (NET 911 Act), PL 110–283, 122 Stat 2620 
(2008) (codified at, inter alia,  47 U.S.C. § 615a-1); see also 47 U.S.C. § 615a-1(a) (imposing a “duty” on “each  IP-
enabled voice service provider to provide 9-1-1 service and enhanced 9-1-1 service to its subscribers in accordance 
with the requirements of the Federal Communications Commission”); id. at § 615a-1(c) (directing the Commission to 
issue regulations implementing the statute, and to modify such regulations “as necessitated by changes in the market 
or technology”). The statutory term “IP-enabled voice service” means “interconnected VoIP service” as defined in 
section 9.3 of the Commission’s rules. Id. § 615b (8).     
252
See Twenty-First Century Communications and Video Accessibility Act of 2010, PL 111-260, 124 Stat 2751 § 
106(g) (2010) (CVAA) (codified at 47 U.S.C. § 615c(g)).
Federal Communications Commission FCC 15-98
37
a 911 call during a power outage. These rules will ensure that customers who may face such 
circumstances are aware of the limitations of their service and empowered with options for maintaining 
911 access in the event of power loss, closing a potential gap in the provision of 911 service. This Report 
and Order further advances the Commission’s statutorily mandated responsibilities over 911 by 
promoting the availability of 911 service during times when reports of emergencies and requests for 
assistance may be particularly urgent, as well as by enabling persons with disabilities to maintain 911 
access during such periods. The rules will thus help the Commission more effectively implement 
Congress’s statutory goals of ubiquitous and reliable 911 service for all Americans.
253
    
85. Many commenters agree that our adoption of requirements to promote continuity of 
access to 911 during power outages is an appropriate – and necessary – exercise of our statutory public 
safety authority. Communications Workers of America states that “[t]he Commission has the statutory 
obligation to promote public safety through our nation’s communications networks” and affirms our view 
that “protecting public safety is one of the core principles that must guide [the Commission’s] policies 
during the technology transition.”
254
The Alarm Industry Communications Committee (AICC) also 
contends that “[b]ackup power requirements should be adopted to protect consumers and to meet the 
Commission's mandate to promote the national defense and the safety of life and property” under Title 
I.
255
  Similarly, the PA PUC “believes that the [FCC] has the statutory authority to address this issue and 
require that providers have sufficient backup power to maintain 911/E911 connectivity during 
commercial power outages so long as the federal rules do not preempt more stringent state 
rules.”
256
AARP comments that “[w]ith regard to the NPRM’s questions regarding whether the 
Commission has sufficient authority, the answer is an unequivocal yes.”
257
86. Commenters also cite the importance of safeguarding 911 service in particular as a basis 
for our adoption of rules proposed in the Notice. The Electronic Security Association notes that “[n]ot 
only is standby power for communications important for life safety systems, but it is also critical in 
allowing the consumer to dial 911 during [power] outages.”
258
AARP similarly observes that “[t]he issue 
of CPE backup power also overlaps the 911 reliability issue” and suggests that backup power 
requirements would fill an existing gap because the Commission’s 911 reliability rules “do not address 
the reliability of access network components that are associated with the origination of 911 calls.”
259
87. We disagree with Corning’s suggestion that the rules we adopt today contravene the 
holding of American Library.
260
  That court’s statement that the Commission’s “general jurisdictional 
                                                     
253
For the foregoing reasons, the rules we adopt to ensure continuity of 911 communications are also “necessary in 
the execution of [the Commission’s] functions” under section 4(i) of the Communications Act.  47 U.S.C. § 154(i).
254
Communications Workers of America Reply at 2 (quoting Technology Transitions Order, 29 FCC Rcd at 1433, 
para. 1.
255
AICC Comments at 4.
256
PA PUC Comments at 5.
257
AARP Comments at 28. AARP further contends that “the Commission has the ability to apply Title II 
requirements to all voice services, regardless of the technology platform utilized” and urges us to classify VoIP as a 
telecommunications service to provide an additional source of authority for backup power requirements. We find 
that issue beyond the scope of the Notice in this proceeding and decline to address it here.
258
Electronic Security Association Comments at 2.
259
AARP Comments at 11-12. See also 47 C.F.R. § 12.4(a)(4)(ii) (excluding from the Commission’s definition of 
“Covered 911 Service Providers” subject to annual reliability certification requirements “any entity that . . . [o]ffers 
the capability to originate 911 calls where another service provider delivers those calls and associated number or 
location information to the appropriate PSAP”).
260
See Corning Comments at 15; see also American Library Ass’n v. FCC, 406 F.3d 389 (D.C. Cir. 2005) 
(American Library). 
Federal Communications Commission FCC 15-98
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grant does not encompass the regulation of consumer electronics products . . . when those devices are not 
engaged in the process of radio or wire transmission”
261
is inapposite: the rules we adopt govern the 
provision of 911 service – which is either “radio or wire transmission” -- during power outages.  These 
rules grant providers maximum flexibility to define the technical parameters of backup power solutions 
they offer to achieve that goal. In the absence of line powering, these solutions may incorporate any 
number of proprietary and competitively sourced inputs, including D-Cell, lead-acid or lithium-ion 
batteries, UPS, solar panels, power over Ethernet or other technologies, including combinations thereof, 
provided that the solution on “offer” can support the required continuity of 911 service during a power 
failure.  This service-oriented requirement is thus far different from the “broadcast flag” rule struck down 
in American Library. The court held that the latter rule impermissibly “impose[d] regulations on devices 
that receive communications after those communications have occurred” rather than on “communications 
themselves.”
262
  The requirements we adopt are obligations with respect to radio and wire 
communications.  Indeed, the purpose of these requirements is to promote access to and awareness of 
solutions that enable 911 calls to be originated during a power outage. The requirements therefore cannot 
be said to apply “after . . .  communications have occurred.”
263
  The fact that devices or equipment 
operating on backup power may remain in standby mode when not in use, or that our performance rule is 
defined in terms of “standby time,” does not change this analysis.  Defining the rule in terms of “standby 
time” is simply a means of specifying the period of time in which the rule requires 911 service be 
provided—e.g., during the first 8 hours of an outage.  Backup power solutions offered under our rules are 
not required to meet any performance standards that apply while a device is in standby mode, except that 
the solution must make 911 calling “available” throughout the standby period.
264
88. For similar reasons, we find unavailing AT&T’s comment that “[b]ecause the 
Commission has deregulated CPE, it has disclaimed any authority to impose CPE backup power 
requirements.”
265
  The rules we adopt today do not apply to CPE or regulate CPE.  Rather, those rules 
govern the obligations of service providers to provide access to 911 service during a commercial power 
outage in the absence of line powering. While solutions offered under our flexible performance rule may 
encompass – solely at such providers’ option -- the backup of some devices or equipment that might be 
classified as deregulated CPE, that does not mean that our rules cannot encompass such equipment when 
powering such equipment (which is located on a customer’s premises) is part of the solution chosen by 
the service provider.  As discussed above, there is no general requirement to provide backup power for all 
equipment that might be located at the customer’s premises.  Rather, the requirement is that, in lieu of line 
powering provided as a part of traditional POTS service, a covered service provider must offer a backup 
power solution that provides the customer with 911 access during a commercial power outage.
266
89. First Amendment. The disclosure obligations we adopt today are permissible under the 
                                                     
261
American Library, 406 F.3d at 700; see also Corning Comments at 15 (“[T]he [proposed] rule would regulate 
CPE before the devices engage in wire transmission by ensuring the device could be used to make a call at some 
later time during a power outage.”)
262
Id. at 703.
263
Id.  
264
See supra Section III.C.1.a.
265
AT&T Reply at 8; see also id. at 7 n.2 (citing Second Computer Inquiry, 77 FCC 2d. 384 9 (1980) (“We 
conclude that CPE is a severable commodity from the provision of transmission services and that regulation of CPE 
under Title II is not required and is no longer warranted.”)). 
266
We recognize that some telephone handsets (including cordless telephones) that are traditionally considered 
unregulated CPE may need backup power during a commercial power outage in order to function.  This is also the 
case, however, when line-powered service is provided.  The rules adopted today do not apply to such CPE, because 
such CPE is not part of the “service” provided to the customer (just as it is not part of a line-powered service 
offering). 
Federal Communications Commission FCC 15-98
39
First Amendment of the U.S. Constitution.  No commenter asserts otherwise.  In general, government 
regulation of commercial speech will be found compatible with the First Amendment if it meets the 
criteria laid out in Central Hudson: (1) there is a substantial government interest; (2) the regulation 
directly advances the substantial government interest; and (3) the proposed regulation is not more 
extensive than necessary to serve that interest.
267
As we have noted, the government has a substantial 
interest, enshrined in Section 1 of the Communications Act, in protecting the safety of the public through 
the use of wire and radio communications.
268
The Commission has also long observed that “the 
government has a substantial interest in ensuring that consumers are able to make intelligent and well-
informed commercial decisions in an increasingly competitive marketplace.”
269
  The disclosures here 
directly advance that government interest by warning consumers of the potential loss of access to 911 
during commercial power failures and informing consumers of backup power options to maintain 
continuity of such communications.  Like the “anti-cramming” rules the Commission adopted in 2012,
270
we conclude that the disclosure requirements adopted here withstand Constitutional scrutiny, in that they 
advance the substantial government interests of protecting public safety and ensuring that consumers are 
able to make informed choices about uninterrupted access to 911 through networks that lack line power 
without requiring any more extensive disclosure than necessary to serve those interests.
90. Moreover, under the standard set forth in Zauderer, compelled disclosure of “purely 
factual and uncontroversial” information is permissible if “reasonably related to the State's interest in 
preventing deception of consumers.”
271
Courts have also recognized that other government interests 
beyond preventing consumer deception – here, the public safety interest in uninterrupted access to 911 –
may be invoked to sustain a disclosure mandate under Zauderer.
272
  The information about backup power 
disclosed to subscribers under our rules consists of factual information regarding the limitations of 
networks not equipped with line powering, and it is not disputed that this limitation exists or affects the 
provision of 911 service during power outages.  This information plays an important role in preventing 
consumer confusion by setting clear and consistent expectations about subscribers’ ability to reach 911 in 
an emergency.  It also allows consumers to make informed decisions about the amount and type of 
backup power they purchase, further reducing consumer confusion and preserving public trust in the 911 
system as a means of reaching emergency assistance.   
E. Sunset Date
91. The rules we adopt today ensure that consumers are adequately informed about the role 
of backup power in the technology transitions and that they have the ability to purchase backup power for 
their service.  Clearly delineating the respective roles of the provider and the consumer during this period 
of transition minimizes the potential for confusion or for unforeseen lapses in 911 service availability 
during power outages, and creates baseline expectations. Over time, we expect that both the marketplace 
and consumer expectations will evolve along with advances in technology so that adequate backup power 
                                                     
267
Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557, 566 (1980). Commercial 
speech that is potentially misleading has less First Amendment protection, and misleading commercial speech is not 
protected at all and may be prohibited. Id. at 563-64.
268
See 47 U.S.C. § 151.
269
See Consumer Information and Disclosure et al., CG Docket 09-158 et al., Notice of Inquiry, 24 FCC Rcd 11380, 
11389-90 ¶ 21 (2009) (citing Truth-in-Billing and Billing Format, First Report and Order and Further Notice of 
Proposed Rulemaking, CC Docket No. 98-170, 14 FCC Rcd 7492, 7531 ¶ 61 (1999)).
270
See Empowering Consumers to Prevent and Detect Billing for Unauthorized Charges, et al., CG Docket No. 11-
116, et al., Report and Order and Further Notice of Proposed Rulemaking, 27 FCC Rcd 4436 (2012).
271
Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626, 651 (1985); see also R.J. Reynolds Tobacco v. FDA, 
696 F.3d 1205 (D.C. Cir. 2012).
272
See American Meat Institute v. United States Dep’t of Agriculture, 760 F.3d 18 (D.C. Cir. 2014) (en banc).
Federal Communications Commission FCC 15-98
40
solutions and availability will become commonplace.  In light of this prediction, we will sunset the 
requirements adopted in this Report and Order on September 1, 2025.  We anticipate that this ten-year 
period will allow sufficient time for a “cultural and educational shift” in consumer expectations,
273
along 
with marketplace and technological development.  Consumers will then be empowered to assume primary 
responsibility over their backup power, similar to the responsibility consumers now bear for mobile 
devices they may rely on for 911 access during an emergency.  If, however, we determine after ten years 
that the marketplace and expectations have not evolved in the predicted manner we may take appropriate 
action designed to extend and/or modify the requirements contained herein.  
IV. PROCEDURAL MATTERS
A. Final Regulatory Flexibility Act Analysis
92. Pursuant to the Regulatory Flexibility Act of 1980, as amended,
274
the Commission’s 
Final Regulatory Flexibility Analysis (FRFA) relating to this Report and Order is attached as Appendix 
B.
B. Paperwork Reduction Act Analysis
93. This document contains new information collection requirements subject to the 
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13.  It will be submitted to the Office of 
Management and Budget (OMB) for review under Section 3507(d) of the PRA.  OMB, the general public, 
and other Federal agencies are invited to comment on the new or modified information collection 
requirements adopted in this Report and Order.  
94. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198,
275
we previously sought comment on how the Commission might further reduce the 
information collection burden for small business concerns with fewer than 25 employees.  In this present 
document, we have assessed the effects of the new rules adopted herein on small business concerns and 
find that the rules adopted here minimize the information collection burden on such entities.  
C. Congressional Review Act
95. The Commission will send a copy of this Report and Order to Congress and the 
Government Accountability Office pursuant to the Congressional Review Act.
276
D. Implementation
96. In this Report and Order, we require that providers of non-line-powered, facilities-based, 
fixed, voice residential service, including fixed wireless service intended as POTS replacement, offer new 
subscribers at the point of sale, at the subscriber’s option and expense, a backup power solution that 
provides 911 access for 8 hours during a commercial power loss.  Except as noted below, this provision 
of our rules will become effective 120 days after publication of this Report and Order in the Federal 
Register.  Within three years of the foregoing effective date of the 8-hour obligation, providers must also 
offer a 24-hour backup power solution.  We seek to ensure that the measures we adopt are timely 
implemented so that consumers can begin to realize the benefits as soon as feasible, while allowing a 
reasonable time for providers to prepare.  Except as noted below, the disclosure provisions of the rules 
will become effective 120 days after the Commission notifies the public that approval has been received 
from the Office of Management and Budget.     
97. We delay the effective date of two of the rules we adopt herein for providers that have
                                                     
273
See Public Knowledge et al. Comments at 24. 
274
See 5 U.S.C. § 604.
275
See 44 U.S.C. 3506(c)(4).
276
See 5 U.S.C. 801(a)(1)(A).
Federal Communications Commission FCC 15-98
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fewer than 100,000 domestic retail subscriber lines for an additional 180 days to afford ample time to 
modify their current practices as necessary to come into compliance with our rules.  The obligation of 
these providers to offer 8 hours of backup power will become effective 300 days after publication of this 
Report and Order in the Federal Register.  The disclosure obligations for these providers will become 
effective 300 days after the Commission notifies the public that approval has been received from the 
Office of Management and Budget.  The obligation of such providers to offer 24 hours of backup power 
will become effective on the same extended three-year schedule as for all other providers.  
98. Such an accommodation addresses the concerns of some commenters that adopting 
mandatory backup power obligations for all customers will be particularly burdensome for providers with 
a small number of lines,
277
and is in line with Commission precedent.
278
  While we do not think that the 
more limited backup power obligations that we adopt herein will be overly burdensome for any provider, 
we agree with ACA’s suggestion that providers with a small number of lines are more resource-
constrained and would benefit from additional time to obtain any necessary equipment and prepare 
materials and processes for disclosure, and prepare materials and processes for disclosure. We note that 
ACA asserts that smaller operators should be defined as those with fewer than 100,000 voice service 
customers, and cites the Rural Call Completion Report and Order in support of its position.  However, we 
observe that the Rural Call Completion Report and Order did not define smaller providers in terms of the 
number of customers, but subscriber lines.  We find that providing an accommodation to providers on the 
basis of subscriber lines, rather than subscribers, is reasonably designed to minimize burdens on smaller 
providers without compromising the effectiveness of the rules.  The number of lines better reflects a 
provider’s size and share of traffic than does the number of subscribers.
279
  We find that limited, 
additional time to comply with these aspects of our rules strikes the right balance between the particular 
circumstances and resource constraints of providers that serve fewer customers and ensuring that
consumers have backup power options available in a timely manner. 
99. For this purpose, we rely on the standard adopted in the 2013 Rural Call Completion 
proceeding.  In the Rural Call Completion Report and Order, the Commission applied the requirements to 
providers of long-distance voice service who make the initial long-distance call path choice for more than 
100,000 domestic retail subscriber lines.
280
Accordingly, in this proceeding, in an effort to ensure a 
reasonable burden of compliance, we give providers with fewer than 100,000 domestic retail subscriber 
lines an additional 180 days to comply with the obligations adopted in this Report and Order
V. ORDERING CLAUSES
100. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), and 251(e)(3) of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 251(e)(3); section 101 of the NET 
911 Improvement Act of 2008, Pub. L. No. 110-283, 47 U.S.C. § 615a-1; and section 106 of the Twenty-
First Century Communications and Video Accessibility Act of 2010, Pub. L. No. 111-260, 47 U.S.C. § 
615c, that this Report and Order in PS Docket No. 14-174 IS ADOPTED.
                                                     
277
ACA June 24, 2015 Ex Parte at 2; NTCA/GVNW/Vantage June 8, 2015, Ex Parte at 3; NCTA June 16, 2015, Ex 
Parte at 1.
278
ACA June 24, 2015 Ex Parte at 2.  As NCTA/GVNW/Vantage note, such providers may not have the same 
ability as nationwide providers to “drive innovation in the equipment market.”   NTCA/GVNW/Vantage June 8, 
2015, Ex Parte at 3.  ACA asserts the Commission has “sufficient precedent to support defining smaller voice 
providers as those with fewer than 100,000 voice service customers.”  Id., citing Rural Call Completion, Report and 
Order and Further Notice of Proposed Rulemaking, 28 FCC Rcd 16154, 16164-69, paras. 19-27 (2013).
279
See Rural Call Completion, Order on Reconsideration, 29 FCC Rcd 14026, para. 21 (2014).  See also Consumer 
and Governmental Affairs Bureau Seeks Comment on Small Business Exemption from Open Internet Enhanced 
Transparency Requirements, Public Notice, DA 15-731 (rel. June 22, 2015), at 2.  
280
Rural Call Completion, Report and Order, 28 FCC Rcd at 16164-69, paras. 19-27.
Federal Communications Commission FCC 15-98
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101. IT IS FURTHER ORDERED that Part 12 of the Commission’s Rules, 47 C.F.R. Part 12, 
is HEREBY AMENDED as set forth in Appendix C 
102. IT IS FURTHER ORDERED that the requirements of this Report and Order WILL 
BECOME EFFECTIVE as specified in paragraphs 96-99 herein.
103. IT IS FURTHER ORDERED that, pursuant to Section 801(a)(1)(A) of the Congressional 
Review Act,
281
the Commission SHALL SEND a copy of this Report and Order to Congress and to the 
Government Accountability Office.
104. IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental 
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order, including 
the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
                                                     
281
5 U.S.C. § 801(a)(1)(A).
Federal Communications Commission FCC 15-98
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APPENDIX A
List of Commenters in PS Docket No. 14-174
Commenters
The 60 Plus Association
AARP
Access Point, Inc., Birch Communications Inc., BullsEye Telecom, Inc., Matrix Telecom Inc., New 
Horizon Communications, LLC; Telscape Communications, Inc., Xchange Telecom
Ad Hoc Telecommunications Users Committee
ADT LLC d/b/a ADT Security Services
ADTRAN, Inc.
Alarm Industry Communications Committee
American Cable Association
Association of Public-Safety Communications Officials-International, Inc.
Appalachian Regional Commission
Appalshop, Inc.
AT&T Services, Inc.
Cai, Simin
California Association of Competitive Telecommunications Companies
California Public Utilities Commission
CenturyLink, Inc.
Cincinnati Bell Telephone Company LLC
City of New York, Department of Information Technology and Telecommunications
Communications Workers of America
Competitive Carriers Association
COMPTEL
Corning Incorporated
Edison Electric Institute
Electronic Security Association
Environmental and Energy Study Institute
Fasimpaur, Karen
Fiber to the Home Council Americas
Full Service Network LP and TruConnect
Garland Connect, LLC
Goff, David
Granite Telecommunications, LLC
GVNW Consulting, Inc.
Haney, Hance
ITTA - The Voice of Mid-Size Communications Companies
Pennsylvania Public Utility Commission
Public Knowledge
Layton, Roslyn
Leggett, Nickolaus E.
National Association of State Utility Consumer Advocates
National Association of Telecommunications and Advisors, National League of Cities
National Association of Regulatory Utility Commissioners
National Association of State 911 Administrators
National Cable & Telecommunications Association
Neustar, Inc.
New York State Public Service Commission
Nicholls, Michael C.
Federal Communications Commission FCC 15-98
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NTCA-The Rural Broadband Association
The Office of the People’s Counsel for the District of Columbia
Rural Broadband Policy Group XXXXXX
Sprint Corporation
Steel, Trish 
TCA, Inc.-Telcom Consulting Associates
Telecommunications Industry Association
Texas 9-1-1 Alliance, Texas CSEC & MECDA
United States Telecom Association
Utilities Telecom Council
Verizon
Villafane, Ivan
Vonage Holdings Corp.
Walczak, Sam
Wilson, Sue
WorldNet Telecommunications, Inc.
XO Communications, LLC
Reply Commenters
AARP
Alarm Industry Communications Committee
American Cable Association
AT&T Services, Inc.
Bright House Networks, LLC
California Association of Competitive Telecommunications Companies
CenturyLink, Inc.
Charter Communications, Inc.; Cablevision Systems Corp.; Cox Communications, LLC
Communications Workers of America
COMPTEL
Fiber to the Home Council Americas
Frontier Communications
Full Service Network LP, TruConnect
Hawaiian Telcom, Inc.
Hughes Network Systems, LLC
Information Technology and Innovation Foundation
Massachusetts Department of Telecommunications and Cable
National Association of State Utility Consumer Advocates
National Cable & Telecommunications Association
New America's Open Technology Institute, et al.
NTCA-The Rural Broadband Association
Pennsylvania Public Utility Commission
People of the State of Illinois by Attorney General Lisa Madigan, People of the State of New York by 
Attorney General Eric Schneiderman
Scott, Randall
U.S. TelePacific Corp.
Verizon 
WorldNet Telecommunications, Inc.
XO Communications, LLC
Ex Parte Commenters
ADT LLC d/b/a ADT Security Services
Al-Chalabi, Dr. Salah/Chaltel Ltd. (UK)
Federal Communications Commission FCC 15-98
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American Cable Association
AT&T Services, Inc.
Bright House Networks, LLC
Charter Communications, Inc.
Comcast Corporation 
Communications Workers of America
COMPTEL
Fiber to the Home Council Americas
GVNW Consulting, Inc.
Hughes Network Systems, LLC
ITTA - The Voice of Mid-Size Communications Companies
National Association of State Utility Consumer Advocates
National Cable & Telecommunications Association
NCTA-The Rural Broadband Association, GVNW Consulting, Inc.
New America’s Open Technology Institute, Common Cause, Public Knowledge
NTCA-The Rural Broadband Association, GVNW Consulting, Inc., Vantage Point Solutions
Public Knowledge
Rural Broadband Policy Group, Appalshop, Broadband Alliance of Mendocino County, National 
Rural Assembly, Center for Rural Strategies, Public Knowledge, The Utility Reform Network, 
YouthBuild, USA.
TeleCommunication Systems, Inc. 
Verizon
WorldNet Telecommunications, Inc.
Federal Communications Commission FCC 15-98
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APPENDIX B
Final Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the 
Commission incorporated an Initial Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the policies and rules proposed in the 
Emerging Wireline Networks and Services NPRM (Notice).  The Commission sought written public 
comment on the proposals in the Notice, including comment on the IRFA.  No comments were filed 
addressing the IRFA regarding the issues raised in the Notice.  Because the Commission adds/amends the 
rules in this Report and Order, the Commission has included this Final Regulatory Flexibility Analysis 
(FRFA).  This present FRFA conforms to the RFA. 
A. Need for, and Objectives of, the Rules Adopted
2. In this Report and Order, the Commission takes important steps to ensure public safety 
and confidence in the availability of 911 service during a period of technology transition in the provision 
of facilities-based, fixed, voice residential services.  First, the Commission requires all providers of 
facilities-based, fixed, voice residential services, that are not line powered, including those fixed 
applications of wireless service intended as a “plain old telephone service” (POTS) replacement, to offer 
new subscribers the option to purchase at least at least 8 hours of standby power for use in the event of a 
commercial power outage.  In addition, the Commission requires these providers, within three years, to 
offer to sell a solution for 24 hours of backup power.  Second, the Commission requires all such providers
to notify subscribers, at the point of sale and annually thereafter for ten years, of the availability of backup 
power purchasing options; use conditions and effect on power source effectiveness; power source 
duration and service limitations; testing and monitoring; and replacement details.  Third, the Commission 
encourages covered providers to conduct tailored outreach to state and local disaster preparedness entities,
to ensure that consumables and rechargeable elements associated with backup power, are well understood 
so that communities may prioritize restocking and/or recharging in support of extended power outages.
3. The Commission recognizes that consumers are increasingly relying on new types of 
telephone service, and in many areas, traditional line-powered 911 service already is, or soon will be 
unavailable. The Commission adopted the Report and Order because it is in the best interest of all 
consumers to be able to access 911 emergency services during commercial power outages, especially 
those outages caused by catastrophic storms or other unpredictable events.  Ensuring the ability to 
maintain such service is a vital part of the Commission’s larger duty to provide 911 service, and more 
generally, promote “safety of life and property through the use of wire and radio communication.”
B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA
4. The IRFA solicited comment on the impact of the proposed rules to small businesses, as 
required by the RFA.  While no comments were submitted specifically in response to the IRFA, a few 
commenters express concerns about the anticipated costs with any rules the Commission might adopt, 
some of which focused on smaller providers.  For example, Cincinnati Bell Telephone Company LLC 
(CBT) argues that a mandate that providers must provide 8 hours of backup power, including retrofitting 
existing subscribers, would be a huge undertaking for providers, and burden on consumers who do not 
want or care about backup power.
282
  CBT claims that contacting every subscriber would take a sizeable 
number of man hours and mailings, and would take additional time for consumers to arrange to be home 
for the installation.
283
  Moreover, CBT assumes there would be a larger than normal number of no-shows, 
because many customers may not care about battery backup.
284
  Likewise, ITTA assumes that the 
                                                     
282
CBT Comments at 8.
283
Id.
284
Id.
Federal Communications Commission FCC 15-98
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requirement would apply to all voice customers regardless of whether they request it, and as such, would 
be a huge undertaking for providers and inconvenient and burdensome for customers.
285
  The American 
Cable Association argues that the additional cost of complying with a new regulation to provide battery 
backup capability would be unreasonably burdensome for smaller operators and their subscribers, 
particularly if the Commission imposes a monitoring requirement.
286
  The National Cable & 
Telecommunications Association argues more generally that any mandate to provide batteries to all VoIP 
customers, would be tremendously wasteful and would impose significant unwarranted costs on 
consumers.
287
5. Of the few commenters expressing concerns about the anticipated costs, nearly all object 
to costs associated with regulations that mandate the installation of backup power, regardless of whether 
the consumer wants it.  We do not adopt any such regulation here.  Instead, we require only that providers 
disclose to subscribers backup power options, and offer backup power of at least 8 hours of standby time,
to those customers who wish to install backup power.  For those subscribers who want to install backup 
power, covered providers may charge them for it.  Therefore, there would be minimal cost to the provider, 
other than the costs of subscriber disclosure, and offering the option of backup power.  
6. Additionally, a few commenters in the record argued for special considerations for smaller 
providers.
288
  For example, based upon the Commission’s Rural Call Completion, R&O,
289
among other 
things, ACA urged the Commission to give smaller operators (those with fewer than 100,000 voice 
service customers) adequate time to obtain devices with battery backup capability for voice service, and 
account for possible equipment shortages.
290
  ACA specified in its Ex Parte filing that the obligation to 
offer battery backup capability should not become effective until 180 days after the bigger operators 
(those with more than 100,000 voice customers) are required to come into compliance.
291
  
7. We find that ACA’s request would further mitigate the already minimal cost of implementing 
our rules.  However, we choose to identify the smaller operators not based on the number of voice service 
customers, but on the number of domestic retail subscriber lines, just as we have done in other recent 
proceedings, such as the Rural Call Completion R&O cited by ACA in its Ex Parte Notice.  In the Rural 
Call Completion R&O, the Commission applied the requirements to providers of long-distance voice 
service who make the initial long-distance call path choice for more than 100,000 domestic retail 
subscriber lines, counting the total of all business and residential fixed subscriber lines and mobile phones 
and aggregated over all of the providers’ affiliates.
292
There is also ample Commission precedent for 
giving smaller operators a longer time to comply than larger operators.
293
  Accordingly, in this 
                                                     
285
ITTA April 30, 2015 Ex Parte at 2 (claiming that providers would need to devote significant man hours to 
contacting every subscriber to make an appointment, install the equipment and repeat the process for no-shows, 
which are likely to be numerous given that most customers do not want or understand backup power).
286
ACA Comments at 14.  ACA also opposes any requirement that providers must change out existing CPE that 
does not have battery backup, regardless of whether the customer requests it.  Id. at 15.
287
NCTA May 18, 2015 Ex Parte at 2.
288
ACA June 24, 2015 Ex Parte at 2; NTCA/GVNW/Vantage June 8, 2015, Ex Parte at 3; NCTA June 16, 2015, Ex 
Parte at 1.
289
Rural Call Completion, Report and Order and Further Notice of Proposed Rulemaking, FCC 13-135, WC Docket 
No. 13-39, ¶ 19 (rel. Nov. 8, 2013).
290
ACA Ex Parte at 2.
291
Id.
292
Rural Call Completion Report and Order, FCC 13-135, WC Docket No. 13-39, ¶ 19.
.
293
See e.g. Accessibility of User Interfaces, and Video Programming Guides and Menus et al., Report and Order and 
Further Notice of Proposed Rulemaking, FCC 13-138, MB Docket Nos. 12-107 and 12-108 ¶¶ 111, 114 (rel. Oct. 
(continued….)
Federal Communications Commission FCC 15-98
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proceeding, in an effort to lessen the burden, we give providers with fewer than 100,000 domestic retail 
subscriber lines, an additional 180 days to comply with the obligations adopted in is this Report and 
Order.  Such action will not only give these providers additional time to meet the obligations, but will 
allow the backup power equipment market further time to develop.
C. Description and Estimate of the Number of Small Entities to Which Rules Will 
Apply
8. The RFA directs agencies to provide a description of, and, where feasible, an estimate of, 
the number of small entities that may be affected by the rules adopted herein.  The RFA generally defines 
the term “small entity” as having the same meaning as the terms “small business,” “small organization,” 
and “small governmental jurisdiction.”  In addition, the term “small business” has the same meaning as 
the term “small business concern” under the Small Business Act.  A “small business concern” is one 
which:  (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business Administration (SBA).   
9. Our action may, over time, affect small entities that are not easily categorized at present.  
We therefore describe here, at the outset, three comprehensive, statutory small entity size standards that 
encompass entities that could be directly affected by the proposals under consideration.
294
  First, a “small 
business” has the same meaning as the term “small business concern” under section 3 of the Small 
Business Act.
295
  Nationwide, there are a total of approximately 28.2 million businesses, according to the 
SBA.
296
  Second, a “small organization” is generally “any not-for-profit enterprise that is independently 
owned and operated and is not dominant in its field.”
297
  Nationwide, as of 2007, there were 
approximately 1.6 million small organizations.
298
  Finally, the term “small governmental jurisdiction” is 
defined generally as “governments of cities, counties, towns, townships, villages, school districts, or 
special districts, with a population of less than fifty thousand.”
299
  Census Bureau data for 2007 indicate 
that there were 89,427 governmental jurisdictions in the United States.
300
  We estimate that, of this total, 
as many as 88,506 entities may qualify as “small governmental jurisdictions.”
301
  Thus, we estimate that 
most governmental jurisdictions are small.
(Continued from previous page)                                                            
31, 2013) (“We set a compliance deadline of three (3) years from the date the Report and Order is published in the 
Federal Register by which covered entities must comply with the requirements of Sections 204 and 205…We set a 
later compliance deadline of five (5) years from the date the Report and Order is published in the Federal Register 
by which certain mid-sized and smaller MVPD operators and small MVPD systems must comply with the 
requirements of Section 205.”). 
294
See 5 U.S.C. § 601(3)–(6).
295
5 U.S.C. §§ 601(3), 632.
296
See SBA, Office of Advocacy, “Frequently Asked Questions,” available at 
http://www.sba.gov/sites/default/files/FAQ-March-2014-0.pdf.
297
5 U.S.C. § 601(4).
298
INDEPENDENT SECTOR, THE NEW NONPROFIT ALMANAC & DESK REFERENCE (2010).
299
5 U.S.C. § 601(5).
300
U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES, Section 8, page 267, 2012, 
Table 428 (2012).
301
The 2007 U.S Census data for small governmental organizations are not presented based on the size of the 
population in each such organization. There were 89,476 local governmental organizations in 2007. If we assume 
that county, municipal, township, and school district organizations are more likely than larger governmental 
organizations to have populations of 50,000 or less, the total of these organizations is 52,095. If we make the same 
population assumption about special districts, specifically that they are likely to have a population of 50,000 or less, 
and also assume that special districts are different from county, municipal, township, and school districts, in 2007 
(continued….)
Federal Communications Commission FCC 15-98
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10. The rules adopted here focus narrowly on providers of any facilities-based, fixed voice 
service that is intended as residential service, including fixed applications of wireless service offered as a 
residential service, and not line powered.  Moreover, we limit application to ensuring continuity of 911 
communications during commercial power outages.
11. Incumbent Local Exchange Carriers (incumbent LECs).  Neither the Commission nor 
the SBA has developed a size standard for small businesses specifically applicable to incumbent local 
exchange services.  The closest applicable size standard under SBA rules is for Wired 
Telecommunications Carriers.  Under that size standard, such a business is small if it has 1,500 or fewer 
employees.
302
  According to Commission data, 1,307 carriers reported that they were incumbent local 
exchange service providers.
303
  Of these 1,307 carriers, an estimated 1,006 have 1,500 or fewer employees 
and 301 have more than 1,500 employees.
304
  Consequently, the Commission estimates that most 
providers of incumbent local exchange service are small businesses that may be affected by rules adopted 
pursuant to the Notice.  
12. We have included small incumbent LECs in this present RFA analysis.  As noted above, 
a “small business” under the RFA is one that, inter alia, meets the pertinent small business size standard 
(e.g., a telephone communications business having 1,500 or fewer employees), and “is not dominant in its 
field of operation.”
305
  The SBA’s Office of Advocacy contends that, for RFA purposes, small incumbent 
LECs are not dominant in their field of operation because any such dominance is not “national” in 
scope.
306
  We have therefore included small incumbent LECs in this RFA analysis, although we 
emphasize that this RFA action has no effect on Commission analyses and determinations in other, non-
RFA contexts.
13. Competitive Local Exchange Carriers (competitive LECs), Competitive Access 
Providers (CAPs), Shared-Tenant Service Providers, and Other Local Service Providers.  Neither 
the Commission nor the SBA has developed a small business size standard specifically for these service 
providers.  The appropriate size standard under SBA rules is for the category Wired Telecommunications 
Carriers.  That category is defined as follows: “This industry comprises establishments primarily engaged 
in operating and/or providing access to transmission facilities and infrastructure that they own and/or 
lease for the transmission of voice, data, text, sound, and video using wired telecommunications 
networks.  Transmission facilities may be based on a single technology or a combination of 
(Continued from previous page)                                                            
there were 37,381 such special districts.  Therefore, there are a total of 89,476 local government organizations.  As a 
basis of estimating how many of these 89,476 local government organizations were small, in 2011, we note that 
there were a total of 715 cities and towns (incorporated places and minor civil divisions) with populations over 
50,000.  CITY AND TOWNS TOTALS: VINTAGE 2011 – U.S. Census Bureau, available at 
http://www.census.gov/popest/data/cities/totals/2011/index.html.  If we subtract the 715 cities and towns that meet 
or exceed the 50,000 population threshold, we conclude that approximately 88,761 are small.  U.S. CENSUS 
BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES 2011, Tables 427, 426 (Data cited therein are 
from 2007).
302
See 13 C.F.R. § 121.201, NAICS code 517110.
303
See Trends in Telephone Service, FCC, Wireline Competition Bureau, Industry Analysis and Technology 
Division at Table 5.3 (Sept. 2010) (Trends in Telephone Service).
304
See id.
305
5 U.S.C. § 601(3).
306
See Letter from Jere W. Glover, Chief Counsel for Advocacy, SBA, to William E. Kennard, Chairman, FCC 
(May 27, 1999).  The Small Business Act contains a definition of “small business concern,” which the RFA 
incorporates into its own definition of “small business.”  See 15 U.S.C. § 632(a); see also 5 U.S.C. § 601(3).  SBA 
regulations interpret “small business concern” to include the concept of dominance on a national basis.  See 13 
C.F.R. § 121.102(b).
Federal Communications Commission FCC 15-98
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technologies.”
307
  Under that size standard, such a business is small if it has 1,500 or fewer employees.
308
  
According to Commission data, 1,442 carriers reported that they were engaged in the provision of either 
competitive local exchange services or competitive access provider services.
309
  Of these 1,442 carriers, 
an estimated 1,256 have 1,500 or fewer employees and 186 have more than 1,500 employees.
310
  In 
addition, 17 carriers have reported that they are Shared-Tenant Service Providers, and all 17 are estimated 
to have 1,500 or fewer employees.
311
  In addition, 72 carriers have reported that they are Other Local 
Service Providers.
312
  Of the 72, seventy have 1,500 or fewer employees and two have more than 1,500 
employees.
313
  Consequently, the Commission estimates that most providers of competitive local 
exchange service, competitive access providers, Shared-Tenant Service Providers, and Other Local 
Service Providers are small entities that may be affected by rules adopted in this Report and Order.  
14. Wireless Telecommunications Carriers (except Satellite). This industry comprises 
establishments engaged in operating and maintaining switching and transmission facilities to provide 
communications via the airwaves.  Establishments in this industry have spectrum licenses and provide 
services using that spectrum, such as cellular phone services, paging services, wireless Internet access, 
and wireless video services.
314
  The appropriate size standard under SBA rules is for the category 
Wireless Telecommunications Carriers.  The size standard for that category is that a business is small if it 
has 1,500 or fewer employees.
315
  For this category, census data for 2007 show that there were 11,163 
establishments that operated for the entire year.
316  
Of this total, 10,791 establishments had employment 
of 999 or fewer employees and 372 had employment of 1000 employees or more.
317
  Thus under this 
category and the associated small business size standard, the Commission estimates that the majority of 
wireless telecommunications carriers (except satellite) are small entities that may be affected by rules 
adopted in this Report and Order.
318
15. Cable and Other Program Distribution.  Since 2007, these services have been defined 
within the broad economic census category of Wired Telecommunications Carriers; that category is 
defined as follows: “This industry comprises establishments primarily engaged in operating and/or 
providing access to transmission facilities and infrastructure that they own and/or lease for the 
                                                     
307
U.S. Census Bureau, 2007 NAICS Definitions, “517110 Wired Telecommunications Carriers” (partial 
definition), http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517110&search=2007%20NAICS%20Search  
(last accessed Nov. 20, 2014).
308
See 13 C.F.R. § 121.201, NAICS code 517110.
309
See Trends in Telephone Service at Table 5.3.
310
See id.
311
See id.
312
See id.
313
See id.
314
http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517210&search=2007%20NAICS%20Search
315
13 C.F.R. § 121.201, NAICS code 517210.
316
U.S. Census Bureau, Subject Series: Information, Table 5, “Establishment and Firm Size: Employment Size of 
Firms for the United States: 2007 NAICS Code 517210” (issued Nov. 2010).
317
http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ2&prod
Type=tableId.  Available census data do not provide a more precise estimate of the number of firms that have 
employment of 1,500 or fewer employees; the largest category provided is for firms with “100 employees or more.”
318
See 
http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ2&prodT
ype=table
Federal Communications Commission FCC 15-98
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transmission of voice, data, text, sound, and video using wired telecommunications networks.  
Transmission facilities may be based on a single technology or a combination of technologies.”
319
  The 
SBA has developed a small business size standard for this category, which is: all such firms having 1,500 
or fewer employees.
320
  Census data for 2007 shows that there were 31,996 establishments that operated 
that year.  Of those 31,996, 1,818 operated with more than 100 employees, and 30,178 operated with 
fewer than 100 employees.  Thus, under this size standard, the majority of firms offering cable and other 
program distribution services can be considered small and may be affected by rules adopted in this Report 
and Order.  
16. Cable Companies and Systems.  The Commission has developed its own small business 
size standards, for the purpose of cable rate regulation.  Under the Commission’s rules, a “small cable 
company” is one serving 400,000 or fewer subscribers, nationwide.
321
  Industry data indicate that, of 
1,076 cable operators nationwide, all but eleven are small under this size standard.
322
  In addition, under 
the Commission’s rules, a “small system” is a cable system serving 15,000 or fewer subscribers.
323
  
Industry data indicate that, of 6,635 systems nationwide, 5,802 systems have under 10,000 subscribers, 
and an additional 302 systems have 10,000-19,999 subscribers.
324
  Thus, under this second size standard, 
most cable systems are small and may be affected by rules adopted in this Report and Order. 
17. All Other Telecommunications.  The Census Bureau defines this industry as including 
“establishments primarily engaged in providing specialized telecommunications services, such as satellite 
tracking, communications telemetry, and radar station operation.  This industry also includes 
establishments primarily engaged in providing satellite terminal stations and associated facilities 
connected with one or more terrestrial systems and capable of transmitting telecommunications to, and 
receiving telecommunications from, satellite systems.  Establishments providing Internet services or 
Voice over Internet Protocol (VoIP) services via client-supplied telecommunications connections are also 
included in this industry.”
325
  The SBA has developed a small business size standard for this category; 
that size standard is $32.5 million or less in average annual receipts.
326
  According to Census Bureau data 
for 2007, there were 2,623 firms in this category that operated for the entire year.
327
  Of these, 2478 
establishments had annual receipts of under $10 million and 145 establishments had annual receipts of 
                                                     
319
U.S. Census Bureau, 2007 NAICS Definitions, “517110 Wired Telecommunications Carriers” (partial 
definition), http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517110&search=2007%20NAICS%20Search  
(last accessed Nov. 20, 2014).
320
See 13 C.F.R § 121.201, NAICS code 517110.
321
See 47 C.F.R. § 76.901(e).  The Commission determined that this size standard equates approximately to a size 
standard of $100 million or less in annual revenues.  See Implementation of Sections of the 1992 Cable Television 
Consumer Protection and Competition Act: Rate Regulation, MM Docket Nos. 92-266, 93-215, Sixth Report and 
Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393, 7408 para. 28 (1995).
322
These data are derived from R.R. BOWKER, BROADCASTING & CABLE YEARBOOK 2006, “Top 25 Cable/Satellite 
Operators,” pages A-8 & C-2 (data current as of June 30, 2005); WARREN COMMUNICATIONS NEWS, TELEVISION &
CABLE FACTBOOK 2006, “Ownership of Cable Systems in the United States,” pages D-1805 to D-1857.
323
See 47 C.F.R. § 76.901(c).
324
WARREN COMMUNICATIONS NEWS, TELEVISION & CABLE FACTBOOK 2006, “U.S. Cable Systems by Subscriber 
Size,” page F-2 (data current as of Oct. 2007).  The data do not include 851 systems for which classifying data were 
not available.
325
U.S. Census Bureau, “2007 NAICS Definitions:  517919 All Other Telecommunications,” 
http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517919&search=2007%20NAICS%20Search (last 
accessed Nov. 20, 2014).
326
See 13 C.F.R. § 121.201, NAICS code 517919.
327
U.S. Census Bureau, 2007 Economic Census, Subject Series: Information, Table 4, “Establishment and Firm 
Size: Receipts Size of Firms for the United States: 2007 NAICS Code 517919” (issued Nov. 2010).
Federal Communications Commission FCC 15-98
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$10 million or more.
328
  Consequently, we estimate that the majority of these firms are small entities that 
may be affected by rules adopted in this Report and Order.
D. Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities
18. In this Report and Order, the Commission adopts rules establishing backup power 
obligations on all providers of any facilities-based, fixed voice service that is intended as residential 
service, including fixed applications of wireless service offered as a residential service, which is not line-
powered.  For such providers, the Commission requires they offer backup power either directly to their 
subscribers or indirectly through third parties.  In addition, these providers must, at the option and 
expense of any subscriber, install the backup power under certain conditions.  The Commission also 
adopts subscriber disclosure requirements and encourages community outreach.  There are no reporting or 
recordkeeping requirements.
E. Steps Taken to Minimize the Significant Economic Impact on Small Entities, and 
Significant Alternatives Considered
19. The RFA requires an agency to describe any significant alternatives that it has considered 
in developing its approach, which may include the following four alternatives (among others): “(1) the 
establishment of differing compliance or reporting requirements or timetables that take into account the 
resources available to small entities; (2) the clarification, consolidation, or simplification of compliance 
and reporting requirements under the rule for such small entities; (3) the use of performance rather than 
design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small 
entities.”   
20. The Commission considered, and eventually adopted, various options in order to 
minimize the significant economic impact of the regulations adopted in the Report and Order on small 
entities.  For instance, the Commission adopted a 120-day phase-in of the requirement to provide 
consumers with technical solution in order to have 8 hours of standby backup power, which will give 
carriers time to prepare and implement the process of meeting the rule.  The Commission similarly 
adopted a 3-year phase-in of the requirement to offer a technical solution to provide consumers with 24 
hours of backup power.  This phase-in period affords service providers that do not already support 24-
hour backup power with adequate time to develop a 24-hour technical solution.  Moreover, providers are 
free to charge consumers for backup power, and to develop a technical solution that suits their business 
needs including, under certain circumstances, meeting the requirement by directing consumers to a third-
party retailer.
21. Additionally, as noted above, we give smaller providers an additional 180 days (i.e., total 
of 300 days from the date of Federal Register publication) to comply with the backup power obligations 
adopted in the Report and Order.  We believe this additional time will not only allow providers time to 
comply with the rule, but will also provide additional time for the market for backup power equipment to 
further develop and prevent possible shortages.
22. We also note that, for such consumer education component of the rule, the Commission 
had smaller companies in mind when allowing such notification to be made “by any means reasonably 
calculated to reach the consumer.” This option affords providers flexibility to reach their subscribers in a 
manner consistent with their business practices and based upon their individual subscriber relationships.  
Whenever the provider has an online relationship with the subscriber, disclosures may be made by email 
or by online billing statement, thus reducing the cost to small entities. To further reduce the burden on 
smaller providers, we direct the PSHSB to work with CGB to develop such forms or other documents, 
prior to the implementation date of these rules for smaller providers, which they may use to communicate 
the required information to their subscribers, including subscribers with disabilities.
                                                     
328
See id.
Federal Communications Commission FCC 15-98
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23. Finally, we note that the Commission encourages, but does not require, providers to 
engage in tailored outreach to community/state/local/tribal agencies and community organizations.  While 
such action may be beneficial to small entities, we understand the potential costs in requiring such action.
F. Federal Rules that Might Duplicate, Overlap, or Conflict with the Rules 
24. Section 9.5(e)(1) of the Commission rules requires customer notifications for certain 
circumstances, like “loss of electrical power,” “under which E911 service may not be available through 
the interconnected VoIP service or may be in some way limited by comparison to traditional E911 
service.”
329
  The rule adopted in this Report and Order is not intended to replace or overlap with Section 
9.5(e)(1), but rather supplements consumer education by providing information regarding backup power 
for facilities-based, fixed voice, residential services that are not line-powered by the provider, which 
includes interconnected VoIP and fixed applications of wireless service intended as “plain old telephone 
service” replacement.  The rules adopted in this Report and Order would not cover non-facilities-based, 
fixed voice service, but, per Section 9.5(e) of the Commission’s rules, all providers of interconnected 
VoIP services must continue to disclose and obtain written acknowledgement from each subscriber that 
the service will not work when there is a loss of electrical power and provide a label for the modem used 
by each subscriber describing this limitation.
G. Report to Congress
25. The Commission will send a copy of the Report and Order, including this FRFA, in a 
report to be sent to Congress pursuant to the Congressional Review Act.   In addition, the Commission 
will send a copy of the Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the 
SBA.  A copy of the Report and Order and FRFA (or summaries thereof) will also be published in the 
Federal Register.   
H. Report to Small Business Administration
26. IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental 
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order, including 
the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.
                                                     
329
47 C.F.R. § 9.5(e)(1); IP-Enabled Services E911 Requirements for IP-Enabled Service Providers, First Report 
and Order and Notice of Proposed Rulemaking, 20 FCC Rcd 10245, 10272-73 ¶ 48, n. 154-155 (2005). 
Federal Communications Commission FCC 15-98
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APPENDIX C
Final Rules
PART 12—RESILIENCY, REDUNDANCY AND RELIABILITY OF COMMUNICATIONS
Part 12 of the rules is amended by adding new section 12.5, to read as follows:
§ 12.5 Backup Power Obligations 
(a) Covered Service.  For purposes of this section, a Covered Service is any facilities-based, fixed voice 
service offered as residential service, including fixed applications of wireless service offered as a 
residential service, that is not line powered. 
(b) Obligations of Providers of a Covered Service to Offer Backup Power.  Providers of a Covered 
Service shall, at the point of sale for a Covered Service, offer subscribers the option to purchase 
backup power for the Covered Service as follows:
(1) Eight Hours. Providers shall offer for sale at least one option with a minimum of eight hours 
of standby backup power.  
(2) Twenty-Four Hours. Within three years of the effective date of the obligation described in 
(b)(1) above, providers of a Covered Service shall offer for sale also at least one option that 
provides a minimum of twenty-four hours of standby backup power.  
(3) At the provider’s discretion, the above options may be either (i) a complete solution including 
battery or other power source or (ii) installation by the provider of a component that accepts 
or enables the use of a battery or other backup power source that the subscriber obtains 
separately.  If the provider does not offer a complete solution, the provider shall install a 
compatible battery or other power source if the subscriber makes it available at the time of 
installation and so requests.
After service has been initiated, the provider may, but is not required to, offer to sell any such options 
directly to subscribers.
(c) Backup power required. The backup power offered for purchase under paragraph (b) must include 
power for all provider-furnished equipment and devices installed and operated on the customer 
premises that must remain powered in order for the service to provide 911 access.
(d) Subscriber Disclosure.  
(1) The provider of a Covered Service shall disclose to each new subscriber at the point of sale 
and to all subscribers to a Covered Service annually thereafter:
i. Capability of the service to accept backup power, and if so, the availability of at least 
one backup power solution available directly from the provider, or after the initiation 
of service, available from either the provider or a third party.  After the obligation to 
offer for purchase a solution for twenty-four hours of standby backup power becomes 
effective, providers must disclose this information also for the twenty-four-hour 
solution.  
ii. Service limitations with and without backup power;
iii. Purchase and replacement information, including cost;
iv. Expected backup power duration;
v. Proper usage and storage conditions, including the impact on duration of failing to 
adhere to proper usage and storage;
vi. Subscriber backup power self-testing and –monitoring instructions; and
vii. Backup power warranty details, if any.
(2) Disclosure Reasonably Calculated to Reach Each Subscriber.  A provider of a Covered 
Service shall make disclosures required by this rule in a manner reasonably calculated to 
reach individual subscribers, with due consideration for subscriber preferences.  Information 
Federal Communications Commission FCC 15-98
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posted on a provider’s public website and/or within a subscriber portal accessed by logging 
through the provider’s website are not sufficient to comply with these requirements.
(3) The disclosures required under this paragraph are in addition to, but may be combined with, 
any disclosures required under Section 9.5(e).
(e) Obligation With Respect to Existing Subscribers. Providers are not obligated to offer for sale backup 
power options to or retrofit equipment for those who are subscribers as of the effective date of the 
obligations in (b)(1) above, but shall provide such subscribers with the annual disclosures required by 
(d) above.   
(f) Effective Dates of Obligations.
(1) Except as noted in sections (b)(2) and (f)(2), the obligations under section (b) above are 
effective 120 days after publication of this rule in the Federal Register, and the obligations 
under section (d) above are effective 120 days after the Commission announces approval 
from the Office of Management and Budget.  
(2) For a provider of a Covered Service that (together with any entities under common control 
with such provider) has fewer than 100,000 domestic retail subscriber lines, the obligations in 
section (b)(1) above are effective 300 days after publication of this rule in the Federal 
Register, the obligations in (b)(2) are effective as prescribed therein, and the obligations 
under section (d) above are effective 300 days after the Commission announces approval 
from the Office of Management and Budget.   
(g) Sunset Date. The requirements of this section shall no longer be in effect as of September 1, 2025. 
Federal Communications Commission FCC 15-98
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STATEMENT OF
CHAIRMAN TOM WHEELER
Re: Ensuring Continuity of 911 Communications, PS Docket No. 14-174, Report and Order
When we talk about core values that must be preserved as we transition to next-generation fiber-
and Internet Protocol (IP)-based networks, public safety is at the top of the list. Today, we’re taking 
action to expand the availability of back-up power and make sure consumers will reliably be able to reach 
911 during emergencies in an IP world. 
Public safety offers a vivid example of how the network technology transitions are concurrently 
creating both new opportunities and new challenges.  For example, IP-based networks enable 911 call 
centers to receive a greater range of information – such as text and video – so they can better support first 
responders in an emergency. 
However, these innovative voice services are more vulnerable to outages during emergencies than 
their copper predecessors.  While traditional, copper-based landline home phone service typically works 
during electric outages because they carry their own power, new services, often delivered over fiber or 
using IP-based technologies, usually require an independent source of power.  This means they need 
backup power to keep operating in the event of a power outage.
Today we take action to see that consumers are informed about the need for back-up power when 
using these voice services, and can get such backup power, should they so choose.
The new rules will require providers to offer consumers the option to buy backup power so they 
can use their phones during power outages.  These providers would be required to ensure that a technical 
solution for 8 hours of standby backup power is available for consumers to purchase, either directly or 
from a third-party retailer, at the point of sale.  And, within three years, providers will also be required to 
offer an option for 24 hours of standby backup power.
A safe consumer begins with an informed consumer.  That’s why the rules will also require 
providers to inform both current and new customers about service limitations during electric outages and 
the steps they can take to address those risks through backup power, including how to keep their service 
operational during a multi-day power outage.
With this item, the Commission is empowering consumers to make informed choices and support 
their need for 911 service during emergencies. We are helping to maximize the benefits of new networks 
for public safety, while minimizing the challenges.
Federal Communications Commission FCC 15-98
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STATEMENT OF
COMMISSIONERMIGNON L. CLYBURN
Re: Ensuring Continuity of 911 Communications, PS Docket No. 14-174, Report and Order
For decades, traditional landline telephones provided customers with the requisite electrical 
power over copper wire needed for reliable voice service. With a plug in jack, and an aqua-green
princess rotary phone, I never doubted for a moment that when I picked up the receiver I would hear a 
dial tone, even if the lights were out.
Millions no longer live in that world. Power grid failure for them will mean an interruption in
landline service in a matter of hours. About 40% of Americans rely solely on mobile devices. There
are those who have landline service, but rarely use it. Scores have transitioned to voice service that no 
longer relies on copper wires, through cable, fiber or a fixed wireless broadband provider that does not 
transmit electrical power through the line.  And the changes that all of these transitions bring must be
made clear to them.
One of the main challenges of these technology transitions is not just that people adopt at
different speeds, but that they may be unaware of the limitations of these technologies, especially in the 
early stages of use. Often these limitations come in the form of small annoyances like a promising new
feature that does not work exactly as advertised. But, when the limitation of a new technology
jeopardizes something as fundamental and essential as the ability to contact 911 in case of an 
emergency, we must act.
With the long history of electrical power supplied through a phone line, customers might
reasonably – but incorrectly – expect their landline service will be functional during an electric power
outage. And for all of the convenience and features these services may offer, even the most
enlightened customer might forget to ask about power backups when they transition to a new service.
That is why today’s action is so important. It provides information and options to consumers
that will help them make decisions in line with their particular needs. It requires providers to offer eight
hours of battery backup as an option for new customers, and in three years, it mandates that providers
supply them with a 24-hour backup solution. It also requires providers to disclose information about 
backup power options at the point of sale to new subscribers, and annually thereafter to all subscribers.
This will allow a customer, at the moment she is thinking about transitioning to a new service, the
means to consider options in the event of a commercial power outage and choose an optimal solution in
case of an emergency.
To be clear:  many providers currently provide backup power information and effective
solutions that allow customers to reach emergency services during a commercial power outage. Today’s
actions merely give providers additional flexibility to find backup power solutions that should work for
all customers, particularly in a time of crisis.  I commend Chairman Wheeler for raising the profile of
this issue and the Public Safety Bureau for their presentation and for finding a solution that strikes an
appropriate balance between cost and public safety.
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STATEMENT OF
COMMISSIONER JESSICA ROSENWORCEL
Re: Ensuring Continuity of 911 Communications, PS Docket No. 14-174, Report and Order
Two-hundred and forty million 911 calls are placed each year.  If you’ve never had to dial this 
number, consider yourself lucky.  But one day when the unthinkable occurs, you just might.  And before 
any police radio crackles, fire engine blares, or ambulance races—you will need to reach a 911 operator.  
That is one call you need to go through.  
In the past, 911 calls reached our nation’s emergency call centers through traditional copper 
telephone lines.  Because copper lines are served by an independent electrical source, they work—even 
when commercial power systems fail.  
But today, the ways we reach out in emergency are more diverse than ever before.  Calls to 911 
come tumbling in from a variety of communications technologies.  We have wired and wireless services, 
voice calls and texts.  Our networks are evolving.  And one of the biggest changes taking place entails 
consumers swapping out old copper lines for new IP services—services that are dependent on commercial 
power.  
There is a lot to gain from this evolution of technology and explosion of IP services.  But we need 
to be mindful that these new IP services require planning for when the electricity goes out.  Because in the 
course of all this network change we cannot sacrifice our most basic values.  Public safety matters—and 
when you call 911 that call needs to go through—no matter the time, place, or technology you use to 
place your call.  That is why I support what we do here today.  
This Report and Order makes clear that service providers must offer backup power to their 
customers so that they can maintain service when the lights go dark and commercial power fails.  It also 
requires providers to educate consumers by providing meaningful information about backup power 
offerings.
This is progress, because it promotes both public safety and the evolution of network 
infrastructure.  But going forward, vigilance is required—in three areas.  First, we need to ensure that 
consumers understand their new networks so that they prepare for outages.  Second, we need to watch 
marketplace developments so that basic safety needs are not compromised by unjustifiable new fees.  
Third, we need to support the development of systems with longer back-up capabilities—and over time 
find ways to expand their availability in our most vulnerable places.
Thank you to the dedicated staff of the Public Safety and Homeland Security Bureau for this 
Report and Order—and for their unwavering commitment to improving the reliability of 911.   
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STATEMENT OF
COMMISSIONER AJIT PAI
Re: Ensuring Continuity of 911 Communications, PS Docket No. 14-174.
“Be prepared.”  Although the Boy Scouts made that simple motto famous, the American people 
have shown that there’s more than one way to interpret it.  Some households stock gallons of fresh water 
and canned goods and keep a transistor radio or a charged cellphone ready just in case.  Others own a 
generator so that when the power goes out their lights stay on.  Yet still others—perhaps terrified of 
becoming the next Deputy Rick Grimes and awakening to a world overrun by zombies
330
—have built 
underground bunkers complete with a year’s supply of food and gas masks for the whole family.
331
  In 
short, many Americans are already preparing for disasters and are doing so in their own ways.
That’s why, when we commenced this proceeding nine months ago, I proposed a “simple 
alternative to more invasive battery backup mandates”—namely, letting consumers make decisions for 
themselves.
332
  After all, “now that most consumers have mobile phones, I doubt all of them will want to 
pay the cost of a new carrier-installed battery backup for their landline.”
333
I support this Order because it adopts that consumer-driven approach and recognizes that no one-
size-fits-all solution will work when it comes to disaster preparedness.  As the Order puts it, “consumers 
may desire different amounts of backup power—or none at all—depending on their individual 
circumstances.”
334
  That’s exactly right.  Enabling consumers to make their own choices allows them to 
do what’s best for them and their families.
335
I look forward to collaborating with the staff of the Public Safety and Homeland Security Bureau 
and my colleagues as we continue to help consumers prepare for disasters.
                                                     
330
See AMC, The Walking Dead (Season 1, Episode 1: “Days Gone By”).
331
See National Geographic Channel, Doomsday Preppers, http://on.natgeo.com/1IopL0E (including option to 
explore a “Zombie Outbreak Simulator”); see also Elizabeth Barber, “Kansas Will Be Prepared for the Zombie 
Apocalypse,” Time (Sept. 24, 2014), available at http://ti.me/1qyH9FP.
332
Ensuring Customer Premises Equipment Backup Power for Continuity of Communications et al., PS Docket No. 
14-174, GN Docket No. 13-5, WC Docket No. 05-25, RM-11358, RM-10593, Notice of Proposed Rulemaking and 
Declaratory Ruling, 29 FCC Rcd 14968, 15038 (2014) (Statement of Commissioner Ajit Pai).
333
Id.
334
Order at para. 44.
335
This approach also enables the Commission to avoid difficult questions of legal authority that attend more 
prescriptive government mandates in this area.  Cf. CTIA—The Wireless Ass’n v. FCC, 530 F.3d 984 (D.C. Cir. 
2008).
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CONCURRING STATEMENT OF
COMMISSIONER MICHAEL O’RIELLY
Re: Ensuring Continuity of 911 Communications, PS Docket No. 14-174, Report and Order
Consumers should make plans to communicate during power outages, as part of their overall 
emergency preparedness efforts, including understanding the benefits and limitations of their 
communications services and devices.  At the same time, the Commission should be careful not to place 
undue burdens on providers to offer backup power solutions that provide little real benefit, based on how 
the market is already developing.  
The record in this proceeding highlights the transitions that are already well underway in the 
communications market.  One commenter emphasized that, “among telephone households during 2013, 
more than 90 percent had wireless service and 43 percent used only wireless telephones for voice 
service.”
336
  Of the remaining households, “30 percent were using non-traditional services such as VoIP 
via broadband” meaning that “only 27 percent of telephone households were using traditional landlines as 
of year-end 2013.”
337
  These trends will continue apace.  In particular, the percentage of households that 
have “cut the cord” is expected to top 50 percent by the end of this year.
338
  And such consumer adoption 
of new technology happened without a new FCC backup power regime.  
Even amongst households that continue to subscribe to a landline voice service, however, “it is 
likely that the vast majority utilize a cordless phone that requires the availability of power in the first 
instance.”
339
Indeed, one commenter estimated that “less than one percent of households are traditional 
telephone subscribers with line power service, a corded telephone, and no mobile wireless service.”
340
  
It is not too surprising that when consumers are offered a backup power option, most choose not 
to avail themselves of it.  Several commenters attributed the lack of consumer demand for backup power 
to the fact that “customers rely on alternative means of communicating (i.e., mobile devices and services) 
if the voice equipment in their home is not working.”
341
  As one commenter noted, “consumers mainly 
rely on wireless communication during emergencies, and a large portion of this is texting.  In addition, 
use of social media is becoming more prominent, since it enables members of communities to 
communicate quickly and provide assistance more immediately.”
342
  Even CSRIC, the FCC’s own 
advisory committee, noted that “the need for back-up power is evolving, as consumers increasingly rely 
on their cell phones and other portable devices for emergency communications during a commercial 
power outage.”
343
                                                     
336
Comments of The United States Telecom Association, PS Docket No. 14-174 et al., at 3 (filed Feb. 5, 2015).
337
Id.
338
Id. at 4.
339
Letter from NTCA–The Rural Broadband Association, GVNW Consulting, Inc., and Vantage 
Point Solutions to Marlene Dortch, FCC, GN Docket No. 13-5, PS Docket No. 14-174, at 2 (filed July 22, 2015). 
340
Letter from Fiber to the Home Council Americas to Marlene Dortch, FCC, PS Docket No. 14-174, at 2 (filed 
May 7, 2015).
341
See, e.g., Letter from National Cable & Telecommunications Association to Marlene Dortch, FCC, GN Docket 
No. 13-5, PS Docket No. 14-174, at 2 (filed May 18, 2015) (NCTA Ex Parte).
342
Letter from Fiber to the Home Council Americas to Marlene Dortch, FCC, GN Docket No. 13-5, PS Docket No. 
14-174, at 2 (filed May 13, 2015).
343
CSRIC Working Group 10 Report at 19 (September 2014), 
http://transition.fcc.gov/pshs/advisory/csric4/CSRIC%20WG10%20CPE%20Powering%20Best%20Practices%20Fi
nal%20Draft%20v2%20082014.pdf.
Federal Communications Commission FCC 15-98
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The order acknowledges that “many” providers already offer backup power solutions to their 
customers.  Yet, as one association stated, “an exceedingly small percentage of cable voice customers 
purchase batteries for their CPE when offered and that there is no demonstrable increase in demand for 
batteries following extended power outages.”
344
  The same experience rings true among telephone 
companies.  For example, one provider that tried to promote its voice service by advertising the 
availability of backup power in the wake of a hurricane that caused significant outages “saw little to no 
uptick as a result and landline losses continued at a steady pace despite the lack of backup power with 
alternative services.”
345
    
Given these facts, efforts to impose backup power requirements on providers should face 
heightened scrutiny to ensure that the costs are truly justified.  Once again, however, the FCC tries to 
bypass the required analysis by trotting out the same old stale statistic that each life saved is worth x 
millions of dollars.  Even if that figure made sense in this setting, that is still no excuse for refusing my 
request to do the work needed to estimate the costs imposed by this Order.  Why does the agency 
continuously refuse to conduct a true cost-benefit analysis?  If this item is truly of value, then the data will 
support it.  Without that critical information, I must make my own best estimate based on input from 
stakeholders.  This is quite a challenge when they know little about the requirements set forth in the 
order—not an ideal situation. 
My general sense is that, while the order is largely unnecessary, the adjustments that have been 
made since last year’s proposal better align the costs imposed by the FCC with the benefits.  In particular, 
the providers are given flexibility to decide how to meet the requirement to offer customers the option to 
purchase a backup power solution for 8 hours in the near-term and 24 hours in 3 years.  Moreover, while 
companies must provide information about the solution at the point of sale and annually thereafter, they 
also have some flexibility to decide how best to communicate with their customers.  For example, if a 
customer has requested to receive information from a provider by email, then these requirements can be 
met by providing the information by email.  In addition, the item condenses the minimum requirements.  
Moreover, the rules include a sunset—something that I have advocated for across FCC proceedings—
albeit after 10 years, which is a longer timeframe than needed.
That is not to say that I am satisfied with the order.  I do not understand the hesitancy to make 
clear that states cannot regulate interconnected VoIP by adopting their own backup power requirements.  
The Commission previously declared that “this Commission, not the state commissions, has the 
responsibility and obligation to decide whether certain regulations apply to [VoIP] and other IP-enabled 
services having the same capabilities.”
346
  While some of my colleagues may want states to play a greater 
role, it is disingenuous for the item to imply that states have a larger role than what is actually permitted 
under long-standing Commission precedent.  They do not and no state should read our actions today 
suggesting otherwise.    
                                                     
344
NCTA Ex Parte at 2.
345
Comments of Cincinnati Bell, PS Docket No. 14-174, GN Docket No. 13-5, RM-11358, WC Docket No. 05-25, 
RM-10593, at 7 (filed Feb. 5, 2015).
346
Vonage Holdings Corp. Petition for Declaratory Ruling Concerning an Order of the Minnesota Pub. Util. 
Commn., Order, 19 FCC Rcd 22404, 22405, para. 1 (2004), aff’d, Minnesota Pub. Util. Comm’n. v. FCC, 483 F.3d 
570 (8th Cir. Mar. 21, 2007).  The Commission further stated that “[f]or such services” state regulation must “yield 
to important federal objectives”, thereby confining the state role to “protecting consumers from fraud, enforcing fair 
business practices, for example, in advertising and billing, and generally responding to consumer inquiries and 
complaints” and enforcement of “general laws governing entities conducting business within the state, such as laws 
concerning taxation; fraud; general commercial dealings; and marketing, advertising, and other business practices.”  
Id.  This reasoning was used in a series of orders setting forth federal obligations for interconnected VoIP service.  
Federal Communications Commission FCC 15-98
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Moreover, there is no pre-emption of state regulation of other types of voice service.  It does no 
good for the FCC to try to tailor the burdens on providers only to leave a gaping loophole for 56 states 
and territories to apply different standards, potentially increasing the costs of compliance.  For example, I 
asked staff whether states could require providers to offer 30 days of backup power and the answer was 
shockingly “yes”.  What a horrible answer.  I am unwilling to write a blank check for backup power 
burdens that are barely justified in the first place.    
I am also concerned that, here again, we are giving the Enforcement Bureau undue power to 
second guess whether providers’ materials were “reasonably calculated” to reach their customers.  My 
request to narrow that discretion was rejected.  
Overall, today’s Order represents an improvement over what was proposed and discussed in past 
months.  I continue to have concerns that the rules will impose undue costs and a number of key issues 
that I tried to work out with Commission leadership were ultimately rejected.  Therefore, I concur.