FCC's Outage Reporting Rules Take Effect for Interconnected VoIP Services

Posted by Rini Coran, PC on December 17, 2012

In the aftermath of Hurricane Sandy and other recent natural disasters, there is increasing focus on how communications networks weather these storms. In addition to significant, sometimes catastrophic, harm to life and property, severe weather events also sometimes create significant network disruptions or outages, leaving business and residential customers without critical voice and data services. These events make the Federal Communications Commission’s recent expansion of its outage reporting requirements particularly timely.

Under rules that are effective as of yesterday, the FCC has expanded its communications network outage reporting requirements to include providers of interconnected Voice Over Internet Protocol (VoIP) services. As a result, when a VoIP provider suffers an “outage,” defined by the FCC as “a network failure or degradation that significantly degrades the end user’s ability to make or maintain communications,” the VoIP provider must report the outage to the FCC if the outage meets specific criteria. The FCC states that in the case of interconnected VoIP, it interprets "outage" to mean a complete loss of service and/or connectivity to customers, and the provider is deemed to have suffered a reportable outage: 

  • "If the outage even potentially affects a 911 special facility and lasts at least 30 minutes, then within 4 hours of having knowledge of the outage, the provider has to notify the FCC of the outage, through NORS [the Network Outage Reporting System]. The interconnected VoIP service provider also has to contact, as soon as possible, the appropriate personnel at the affected or potentially affected 911 special facility with information that could help mitigate any effects of the outage.
  • If the interconnected VoIP service provider experiences an outage on any of its own facilities or those it operates, leases or otherwise uses (not including 911 special facilities) and the outage lasts at least 30 minutes and has the potential to affect at least 900,000 user minutes, then within 24 hours of having knowledge of the outage, the provider has to notify the FCC of the outage, through NORS.
  • If the outage even potentially affects any “special offices and facilities” and the outage lasts at least 30 minutes, then within 24 hours of having knowledge of the outage, the interconnected VoIP service provider has to notify the FCC of the outage, through NORS."

The expanded rules now apply to facilities-based and non-facilities-based interconnected VoIP providers. The rules define a VoIP service as “interconnected” if it (1) enables realtime, two-way voice communications; (2) requires a broadband connection from the user’s location; (3) requires Internet protocol-compatible customer premises equipment (CPE); and (4) permits users generally to receive calls that originate on the public switched telephone network. "Special offices and facilities" include certain military, government, power plant and airport facilities. The rules apply even if the VoIP service is not “facilities based,” meaning that the VoIP provider neither owns nor has a possessory interest in the “channels of communication” used to provide the service. As a result, these FCC rules explicitly extend to so-called “over-the-top” VoIP providers.

On Friday, the FCC published a small entity compliance guide that discusses these new requirements. As network outage issues gain attention and VoIP services expand, interconnected VoIP providers should become familiar with these requirements. This guide provides a useful starting point in anticipation of the next severe weather event or possible service disruption. 

Will the FCC and the FAA Allow Expanded Use of Wireless Devices on Airplanes?

Posted by Rini Coran, PC on December 13, 2012

Here’s an important announcement for gadget-laden air travelers: Federal Communications Commission Chairman Julius Genachowski reportedly has asked the Federal Aviation Administration to “enable greater use of tablets, e-readers, and other portable devices during flights.”  As travelers know well, the FCC and the FAA place significant legal restrictions on passenger use of portable electronic devices during air travel, particularly during takeoff and landing. The Chairman’s letter may open the aircraft door to a policy that releases public pressure and enables increased wireless gadget use during flights.

The FCC and the FAA have limited in-flight use of portable electronic devices due to concerns about potential wireless interference to aircraft systems used for navigation and communication. FAA rules largely prohibit the use of such devices in flights, with limited exceptions. In August, the FAA announced plans to review these regulations, and the agency has requested public comment. Reportedly, the FAA does not intend to expand the rules to include voice calls. Chairman Genachowski issued a statement in support of the FAA’s review last August, saying that “[d]ramatic changes in technology and society make it both appropriate and timely for the FAA to review whether updates to their rules are needed.”

Current FCC rules prohibit passengers from using cellular phones and other wireless devices on airborne aircraft. Several years ago, the FCC launched a proceeding to consider lifting this restriction, but the agency terminated the proceeding in March 2007, citing “insufficient technical information” on potential interference.  The FCC also coordinates closely with the FAA on air-safety matters, such as for towers near airports that require registration with the FCC and for certain wireless devices operating near Terminal Doppler Weather Radar systems. Safety issues are among the FCC’s highest enforcement priorities, which makes the news of the Chairman’s letter, and his apparent willingness to revisit these issues, particularly noteworthy.

As our travels and our productivity depend on increasing gadget use, it is a sign of the times that the FCC and the FAA are taking a fresh look at their regulations. Loosening the rules would require tackling some challenging safety and technical issues. As a result, air passengers awaiting rule changes should anticipate potentially long delays because the timing and scope of any new rules remain, at present, largely up in the air.