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FCC Logo Cell Carriers Asking White House to Help Their Fight with FCC
November 6, 2008

The saga between the cell carriers and the FCC continues this week with the carriers asking the the Bush administration to reject backup-power reporting requirements, arguing the Federal Communications Commission grossly underestimated time, operational and financial burdens placed on wireless providers.

It looks like the cell carriers believe that they may have a better shot with Bush than Obama. Or they are just trying everything they can, if Bush doesn't go along then go back after Obama in January.

Here are excerpts of the article found at RCRWireless.com. Keep in mind that this article speaks about the cell carriers but the same applies for cable companies with VoIP customers.

The cell-phone and tower industries urged the Bush administration to reject backup-power reporting requirements, arguing the Federal Communications Commission grossly underestimated time, operational and financial burdens placed on wireless providers.

Indeed, wireless providers argue information collection guidelines associated with the eight-hour cell site backup-power mandate could trigger unintended consequences that are at odds the government’s objective to maintain communications during and after major storms like the one — Hurricane Katrina — that prompted FCC action...

...The Office of Management and Budget is reviewing comments — many echoing CTIA’s concerns — about whether the reporting requirements comply with the Paperwork Reduction Act. Even if OMB rules against the FCC on the information collection matter, the commission — as an independent federal agency — is not bound by the outcome. FCC Chairman Kevin Martin has been a strong supporter of public safety since taking over the agency in March 2005....

...The U.S. Court of Appeals for the District of Columbia Circuit — which put the FCC’s backup-power decision on hold in February and held oral argument in May on appeals filed by CTIA, Sprint Nextel Corp. and USA Mobility Inc. — said in July it would not issue a ruling until after the OMB review is completed. The FCC appeared to be on the defensive for much of the oral argument before a three-judge panel of the D.C. Circuit in May. The key issue before the court is whether the FCC overstepped its authority in putting in place the backup-power rule and accompanying information collection requirements...

Read the entire article.

Source: www.rcrwireless.com
Author: Jeffrey Silva
Date: 11-06-2008

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FCC Logo FCC Moves Forward with Backup Ruling
September 15, 2008

Christopher Null at Today in Tech is reporting that the FCC is finally pushing forward to get the backup requirements published in the Federal Register, after which the 30-day notice for the rule will be in effect.  Apparently, Hurricane Ike has pushed the FCC into action again after many hundreds of thousands of people in Texas remained without power and communications for almost a week.

The DC District Appeals court had said several months ago that it wouldn't rule on the cell carriers case, to have the new FCC backup rules thrown out, until the Office of Management and Budget had it's say.  And in order for that to happen the requirement had to be placed in the Federal Register.  So, the FCC has taken step one and now the government will grind on and it will eventually end up back at the court for a ruling.

Just to review, FCC Ruling 47 CFR  PART 12—REDUNDANCY OF COMMUNICATIONS SYSTEMS was requiring telephony providers have 24 hours of backup run-time at central locations and eight hours at remote sites.  Read more about it here.

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FCC Logo

U.S. Court of Appeals for the District of Columbia - Docket Number 07-1475  - CTIA Wireless Assn v. FCC
Hearing held May 8, 2007

The cell industry's lawsuit to kill the FCC's back-up power ruling went before the DC Court of Appeals.  The court seemed to focus on whether the FCC had the authority to do what they did.  No date has been set for the final ruling:

Links involving the hearing:

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FCC Ruling 47 CFR  PART 12—REDUNDANCY OF COMMUNICATIONS SYSTEMS
SOURCE: 72 FR 37673, July 11, 2007

This ruling in July, 2007 by the FCC was in direct response to the Katrina Commission and what they viewed as the breakdown in communications and emergency response during the hurricane.  It lays out new regulations and requirements for backup power for communications networks.  We have hyperlinked several sources that provide current information on the ruling and subsequent related FCC documents.

 Links involving the ruling:


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Federal Communications Commission - CFR Citation: 47 CFR Part 12
Final rule on the petition for reconsideration.

The CTIA challenged and requested clarification on the backup run-time requirements of the original ruling.  This is the response of the FCC clarifying the justification for the rulings and their jurisdiction in making them.  It is a 40 page document that clearly outlines the FCC's intentions.

Links involving the petition for reconsideration:

 

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