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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of EB Docket No.
) 06-119
Recommendations of the Independent Panel Reviewing
the Impact of Hurricane Katrina on Communications ) WC Docket No.
Networks 06-63
)
)
ORDER
Adopted: August 2, 2007 Released: August 2, 2007
By the Commission:
1. In this Order, we extend the effective date of the recently adopted
Section 12.2 of the Commission's rules to October 9, 2007. This rule
requires local exchange carriers (LECs), including incumbent LECS and
competitive LECs, and commercial mobile radio service (CMRS) providers
to have "an emergency backup power source for all assets that are
normally powered from local AC commercial power, including those
inside central offices, cell sites, remote switches and digital loop
carrier system remote terminals." The rule further states that "LECs
and CMRS providers should maintain emergency back-up power for a
minimum of 24 hours for assets inside central offices and eight hours
for cell sites, remote switches and digital loop carrier system remote
terminals that are normally powered from local AC commercial power."
LECs that meet the definition of a Class B company as set forth in
Section 32.11(b)(2) of the Commission's rules and non-nationwide CMRS
providers with no more than 500,000 subscribers are exempt from this
rule. Absent an extension, this rule would become effective on August
10, 2007, which is 30 days after publication of the Katrina Panel
Order in the Federal Register.
2. On July 31, 2007, CTIA - the Wireless Association(R) (CTIA) filed a
"Motion for Administrative Stay" of Section 12.2. In particular, CTIA
requests an administrative stay, pending further review, of the
requirement that CMRS providers have an emergency back-up power source
for all assets that are normally powered by local AC commercial power,
including a minimum of eight hours of back-up power for cell sites, by
August 10, 2007.
3. On our own motion, we hereby delay the effective date of the back-up
power rule adopted in the Katrina Panel Order for a period of 60 days
from the original effective date of the rule (i.e., the new effective
date will be October 9, 2007). This will provide the Commission with
additional time to consider the issues raised by CTIA in its Motion
for Administrative Stay and to hear from other concerned parties on
those issues.
4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) of the
Communications Act of 1934, as amended, 47 C.F.R. S:S: 154(i) and (j),
and Sections 1.108 and 1.427 of the Commission's Rules, 47 C.F.R.
S:S: 1.108 and 1.427, that the effective date of Section 12.2 of the
Commission's Rules, 47 C.F.R. S: 12.2, is delayed for a period of 60
days. The new effective date of this rule will be October 9, 2007.
5. IT IS FURTHER ORDERED that the effective date of this Order is the
date upon which this Order is released by the Commission.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
See Recommendations of the Independent Panel Reviewing the Impact of
Hurricane Katrina on Communications Networks, EB Docket No. 06-119, WC
Docket No. 06-63, Order, 22 FCC Rcd 10541, P:P:76-78 and Appendix B (2007)
(Katrina Panel Order); see also 47 C.F.R. S: 12.2.
Id.
Id.
Id; see also 47 C.F.R. S: 32.11(b).
Id at P: 126; see also 72 FR 37655 (rel. July 11, 2007).
CTIA is the international organization of the wireless communications
industry for both wireless carriers and manufacturers. AT&T is a member of
CTIA, but is not a participant in the Motion for Administrative Stay. CTIA
Motion for Administrative Stay at 1.
CTIA Motion for Administrative Stay at 1.
This Order addresses a Commission rule that is to become effective on
August 10, 2007, hence the need for making the Order effective immediately
upon release.
(...continued from previous page)
(continued....)
Federal Communications Commission FCC 07-139
2
Federal Communications Commission FCC 07-139