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Rule2021-27878

Implementation of the National Suicide Hotline Improvement Act of 2018

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Published

January 5, 2022

Effective

February 4, 2022

Issuing agencies

Federal Communications Commission

Abstract

In this document, the Federal Communications Commission (Commission or FCC) requires all covered text providers to support text messaging to 988, the 3-digit dialing code to reach the National Suicide Prevention Lifeline, by July 16, 2022. Given the popularity of text messaging, particularly among at-risk populations, it is essential for Americans to be able to text the Lifeline with the same short, easy-to-remember code by which they will be able to call the Lifeline.

Full Text

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<title>Federal Register, Volume 87 Issue 3 (Wednesday, January 5, 2022)</title>
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[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Rules and Regulations]
[Pages 398-412]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27878]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[WC Docket No. 18-336; FCC 21-119; FR 61458]

Implementation of the National Suicide Hotline Improvement Act of
2018

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) requires all covered text providers to support text
messaging to 988, the 3-digit dialing code to reach the National
Suicide Prevention Lifeline, by July 16, 2022. Given the popularity of
text messaging, particularly among at-risk populations, it is essential
for Americans to be able to text the Lifeline with the same short,
easy-to-remember code by which they will be able to call the Lifeline.

DATES: This rule is effective February 4, 2022.

[[Page 399]]

FOR FURTHER INFORMATION CONTACT: Michelle Sclater, Competition Policy
Division, Wireline Competition Bureau, at (202) 418-0388,
<a href="/cdn-cgi/l/email-protection#7e33171d161b12121b502d1d121f0a1b0c3e181d1d50191108"><span class="__cf_email__" data-cfemail="24694d474c414848410a77474845504156644247470a434b52">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order (SRO) in WC Docket No. 18-336, adopted on November 18,
2021and released on November 19, 2021. The document is available for
download at <a href="https://docs.fcc.gov/public/attachments/FCC-21-119A1.pdf">https://docs.fcc.gov/public/attachments/FCC-21-119A1.pdf</a>.
To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an email
to <a href="/cdn-cgi/l/email-protection#d1979292e4e1e591b7b2b2ffb6bea7"><span class="__cf_email__" data-cfemail="82c4c1c1b7b2b6c2e4e1e1ace5edf4">[email&#160;protected]</span></a> or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).

Synopsis

I. Second Report and Order

A. Text-to-988 Will Save Lives

1. We conclude that requiring covered text providers to support
text-to-988 will save lives. No commenter in the record opposes
adoption of a text-to-988 requirement. As Americans become more reliant
on texting to communicate, the need to access mental health assistance
and resources by text is essential. Text messaging to the Lifeline will
facilitate access to critical mental health resources for all, and
particularly for at-risk populations who tend to prefer communicating
through text rather than phone calls.
2. The record reflects overwhelming support for the conclusion that
text-to-988 functionality will greatly improve consumer access to the
Lifeline. Over 14 National Alliance on Mental Illness (NAMI) offices
across the United States filed in support of text messaging to 988.
Substance Abuse and Mental Health Services Administration (SAMHSA), the
Government agency responsible for overseeing the Lifeline, states that
texting capability would improve equitable access to the Lifeline,
especially for at-risk communities; and Vibrant, the administrator of
the Lifeline, also notes that ``text-to-988 capability would improve
consumer accessibility to the Lifeline and save lives.'' Mental Health
America suggests that ``[i]f 988 is implemented without support for
text messaging, individuals in need of mental health crisis services,
particularly youth and adolescents, will remain unanswered.'' A
bipartisan group of U.S. Representatives from Colorado express their
support, stating that ``[b]y allowing a text-to-988 option in addition
to voice call, the Commission can lower the bar to entry and improve
access to crisis counseling and mental health services.'' Text-to-988
will provide greater access to anyone who is not comfortable calling
the Lifeline or cannot make a phone call. For instance, individuals who
are in abusive or controlling situations may feel safer texting than
making a verbal call when in a crisis. Similarly, for individuals who
are helping someone who is experiencing symptoms such as paranoia or
delusions and appears threatening, texting offers greater safety when
reaching out for crisis assistance.
3. The record also demonstrates that requiring covered text
providers to support text-to-988 functionality will provide significant
benefits to at-risk populations, particularly to young Americans who
are disproportionately at risk for mental health crises. Research shows
that serious psychological distress, major depression, and suicidal
thoughts and attempts among adolescents and young adults have increased
significantly in recent years. SAMHSA explains that individuals who
send texts or online chats to the Lifeline both skew younger and are
more likely to experience current suicidal ideation relative to the
categories of individuals who typically access the Lifeline via phone.
Nearly 95% of teens have access to smart phones and report that texting
is the primary way by which they connect. According to Mental Health
America, ``[m]ultiple sources of data demonstrate youth prefer
communicating by text rather than calls,'' including a study finding
that young people ``were more likely to forgo psychological support
than talk in person or over the phone.'' Nevada, which conducted one of
the country's first text messaging for crisis response pilot programs,
TextToday, found an increase in help-seeking behaviors by youth as a
result of the program and a preference for texting among the youth age
cohort. Some members of at-risk populations may prefer or find it
easier to access the Lifeline via text as compared to the online chat
portal, which requires people to have internet access, find the
website, and locate the chat portal. A survey addressing how teens are
coping and connecting during COVID-19 reported that 65% of teens used
texting to communicate with friends and family more than usual in
response to the pandemic.
4. In addition to young Americans, text-to-988 will help other
American communities that are disproportionately impacted by suicide,
including Veterans, LGBTQ+ individuals, racial and ethnic minorities,
and rural Americans. Death by suicide amongst Veterans has steadily
increased over the past several years. Furthermore, the suicide rate
has risen faster among Veterans than it has for non-Veteran adults.
LGBTQ+ youth are nearly five times as likely to have attempted suicide
compared to heterosexual youth, and the suicide rate for Black children
ages 5-12 is about two times higher compared to white children. The
record indicates that these at-risk communities may use text services
at higher rates than other communities. For example, NAMI reports that
people of color text at a higher rate than white individuals, and
lower-income households send twice as many texts than households with
higher incomes. Mental Health America notes that data they collected
demonstrate that individuals ``who identify as Black or African
American are more likely to report that they would like to receive a
phone number they can immediately call or text for help'' than members
of any other race or ethnicity. Individuals from communities, religious
groups, or ethnic backgrounds that have been found to have lower
professional help-seeking behaviors or whose communities are less
typically accepting of mental health treatment will also benefit from
the added privacy of seeking crisis support via text.
5. Text messaging has also become a crucial form of communication
for people who are deaf, hard of hearing, or have other disabilities
that impact communication. Studies find an increased risk of suicide
among deaf and hard of hearing people when compared to those without
hearing loss. These individuals have increasingly adopted widely
available text messaging platforms in lieu of specialized legacy
devices, such as text telephones (TTY), because of the ease of access,
wide availability, and practicability of modern text-capable devices.
Some individuals with disabilities find it more effective to access
mental health support through text messaging over other means of
communications. Vibrant notes that for individuals in the disability
community, the ability to text crisis services directly, without need
for an intermediary interpreter or service, provides ``substantial
benefit.'' SAMHSA highlights the convenience texting would provide to
people with autism spectrum disorder (ASD), who are at an increased
risk for suicide, yet may have ``difficulties with back and forth
conversations, and may therefore prefer to text rather than call the
Lifeline.'' Access to communications capabilities for individuals with
disabilities is a longstanding Commission priority and statutory
obligation. Our requirement to support

[[Page 400]]

text-to-988 broadens access to 988 and helps ensure individuals with
disabilities that impact communication can more easily reach lifesaving
resources.
6. The Commission's designation of 988 as the 3-digit telephone
number for the Lifeline reflected its expectation that a simple, easy-
to-remember, 3-digit dialing code for suicide prevention and mental
health crisis counseling would ``help increase the effectiveness of
suicide prevention efforts, ease access to crisis services, reduce the
stigma surrounding suicide and mental health conditions, and ultimately
save lives.'' We conclude that providing text access at the same short
code number will generate synergies that enhance the value of efforts
to promote 988. We are also mindful that the promotion and availability
of the 988 short code for telephone calls to the Lifeline crisis
hotline, and by extension the Veterans Crisis Line, could create
confusion as to whether that number is available for, and capable of,
receiving text messages. We find that requiring providers to implement
text-to-988 will also help to avoid confusion or putting lives at risk.

B. Designating a Wholly Unique 3-Digit Dialing Code vs. an Existing N11

7. We adopt our proposed two-step process to establish the scope of
text messages that fall within our text-to-988 requirement (86 FR
31404, June 11, 2021). While we acknowledge the importance of testing
and coordination between covered text providers and the Lifeline, we
decline at this time to adopt the Department of Veterans Affairs'
(VA's) proposed ``third-step'' to our scope of text messages because
the proposed testing and validation process is not germane to ex ante
defining the scope of covered text providers. First, we establish an
outer bound definition of ``988 text message'' that sets the maximum
possible scope of text formats which covered text providers may be
obligated to support for delivery to 988, based on the definition of
``text message'' that Congress enacted in 2018 in the Truth in Caller
ID context. Second, we establish a process to ensure that covered text
providers only must enable transmission of text messages in formats
that the Lifeline can actually receive. We also define the scope of
entities subject to our text-to-988 requirements--i.e., ``covered text
providers''--to be consistent with our text-to-911 rules, which include
Commercial Mobile Radio Services (CMRS) providers and providers of
interconnected text messaging services. We find that this approach, in
combination, provides a forward-looking, flexible scope that will
expand with the capabilities of the Lifeline without unnecessarily
obligating covered text providers to support formats that the Lifeline
cannot yet receive.
1. Scope of Covered Text Formats
8. Outer Bound Definition. Consistent with our proposal in the
further notice of proposed rulemaking (FNPRM) (86 FR 31404, June 11,
2021), we adopt the Truth in Caller ID definition of ``text message''--
including the definitions for ``short message service'' (SMS) and, as a
requirement when Lifeline is able to support it, ``multimedia message
service'' (MMS)--as the outer bound scope of text messages that covered
text providers may be obligated to transmit to 988, which provides that
the term (1) means a message consisting of text, images, sounds, or
other information that is transmitted to or from a device that is
identified as the receiving or transmitting device by means of a 10-
digit telephone number or N11 service code; (2) includes a SMS message
and a multimedia message service (commonly referred to as `MMS')
message; and (3) does not include--(i) a real-time, two-way voice or
video communication; or (ii) a message sent over an internet protocol
(IP)-enabled messaging service to another user of the same messaging
service, except a message described in clause (2).
9. We find that there are several advantages to adopting the Truth
in Caller ID definition in the text-to-988 context. The definition
encompasses, but is not exclusive to, SMS and MMS messages without
limiting the outer bounds of supported text formats to specific
technologies, thus providing flexibility for inclusion of future text
message formats under the rules. It also represents a recent definition
provided by Congress, albeit in a different policy context. We slightly
modify the Truth in Caller ID definition to account for the 988 context
by adopting our proposal to add ``or 988'' to the phrase from the Truth
in Caller ID definition ``10-digit telephone number or N11 service
code.'' This modification will ensure that covered text providers'
obligations encompass those text messages sent to the Lifeline via the
3-digit code 988. We also add language clarifying that the definition
we adopt ``includes and is not limited to'' SMS and MMS messages. This
addition clarifies that the word ``includes,'' within the definition we
adopt, does not limit the scope of messages meeting the first prong of
the definition and instead merely eliminates doubt as to whether SMS
and MMS meet that definition. This clarification advances our policy
goal of promoting availability of a broad range of communications
methodologies for individuals reaching the Lifeline. Further, we think
this clarification follows the canon of avoiding rendering language a
nullity--if the definition included only SMS and MMS, the first
provision would be unnecessary.
10. We decline to adopt the text-to-911 text message definition, as
recommended by CTIA and T-Mobile. The Truth in Caller ID definition is
more recent than the text-to-911 text message definition, and it
derives from Congress. The Truth in Caller ID definition expressly
identifies that it includes images and sound. Allowing the parties that
operate the Lifeline to incorporate graphics or other rich media in
addition to textual communications, if they choose to do so, offers
members of at-risk communities the means to communicate flexibly and
fully with the Lifeline. Furthermore, the limitation of the initial
implementation requirement to SMS messages, as discussed below,
addresses CTIA and T-Mobile's concerns about meeting the implementation
deadline if the Commission were to immediately require implementation
of other text formats. The annual review process we establish below,
through which the Wireline Competition Bureau (Bureau) will require
covered text providers to implement only those texting formats within
the outer bound definition that the Lifeline can actually receive, will
ensure that covered text providers are not burdened with unnecessary
work, and will avoid any consumer confusion that would arise from
implementing formats that cannot go through.
11. We clarify that the exclusions we adopt from the ``988 text
message'' definition match those exclusions contained in the Truth in
Caller ID ``text message'' definition. We therefore exclude ``real-
time, two-way voice or video communication[s],'' as well as messages
sent over ``IP-enabled messaging service[s] to another user of the same
messaging service'' that are not SMS or MMS messages. Similar to the
Commission's interpretation in the Truth in Caller ID Second Report and
Order (84 FR 45669, August 30, 20219), we conclude that ``real-time,
two-way voice or video communication'' includes voice calling service.
We find that the plain language of the Truth in Caller ID exclusion
indicates that Congress explicitly intended to exclude real-time, two-
way video communication from the definition of ``text message. We
further ``interpret the latter exclusion to include non-MMS or SMS
messages sent using IP-enable

[[Page 401]]

messaging services'' between users of the same service. For example, a
message transmitted via an application delivered over IP-based
networks, such as Twitter or LinkedIn, to another user of the same
messaging service would be excluded from the outer bound definition.
12. We decline the Consumer Electronics Association's (CEA's)
request to affirmatively determine at this time what particular text
messaging formats fit within the outer bound definition. We direct the
Bureau to resolve questions concerning the scope of the outer bound
during the annual review process by applying the statutory Truth in
Caller ID definition and Commission precedent regarding that
definition. We clarify that should the Bureau find in the future based
on the record before it that rich communications service (RCS), real-
time text (RTT), or other formats do not fall within the exclusions
from the 988 text message definition, then they may be acceptable
formats within the outer bound scope. We anticipate that addressing
scope issues as they arise, in the context of specific technologies,
will lead to better decisions based on more detailed information than
trying to decide well ahead of any specific issue arising.
13. Limitation to Currently-Employed Technology. As proposed in the
FNPRM, we initially require that covered text providers only support
transmission of SMS messages to 988. We adopt the proposed procedure
delegating to the Bureau future determinations to require covered text
providers to support additional text formats within the outer bound
definition, in consultation with our Federal partners and in
consideration of what text formats the Lifeline is capable of
receiving. We therefore define ``covered 988 text message'' as a 988
text message in SMS format and any other format that the Wireline
Competition Bureau has determined must be supported by covered text
providers.
14. The record supports requiring transmission of texts to 988 in
SMS format. Vibrant indicates that the Lifeline can currently receive
and respond to SMS messages sent to the 10-digit number. Furthermore,
representatives of covered text providers and public interest groups
express support for requiring transmission of SMS messages to 988. In
their support for adoption of requirements based on the Commission's
text-to-911 rules, CTIA and T-Mobile note the technical feasibility of
supporting SMS messages to 988, given that that format is currently
supported in texting to 911. CEA also argues that the Commission
should, at a minimum, require transmission of text messages in SMS
within its broader outer bound definition. Because there is no
technical or operational impediment to transmitting SMS messages to 988
expressed by covered text providers, and the Lifeline is currently able
to receive and respond to SMS messages, we require covered text
providers to support SMS messages to 988.
15. We decline at this time to require covered text providers to
support other text message formats, such as MMS, RCS, and RTT, because
the Lifeline cannot currently receive texts in these formats. The
Bureau will consider requiring covered text providers to support these
or other additional formats through the Public Notice process we
discuss below, should the Lifeline indicate it can receive such
formats. While commenters note that rich media communications and next-
generation text formats may offer benefits to individuals attempting to
access the Lifeline, requiring covered text providers to transmit
messages in these formats is premature because we do not know if or
when the Lifeline will accept these formats. In addition, as CTIA
states, including additional text formats such as RTT and RCS in the
scope of our text-to-988 requirements ``would cause consumer confusion
when the Lifeline is only capable of receiving SMS messages today''
and, due to technical and engineering obstacles, would likely delay
implementation of text-to-988 service. Finally, with respect to
multimedia messages, both the Alliance for Telecommunications Industry
Solutions (ATIS) and CTIA note that including media in text messages, a
feature not currently supported in text-to-911 service, would present
technical obstacles that could impede implementation by the July 16,
2022, deadline that we adopt. Although Vibrant indicates that the
Lifeline is technically capable of receiving MMS formats, it clarifies
that Lifeline policy and clinical standards ``currently block[ ] images
and video from being seen by the counselor.'' Because of the
impediments to transmitting media such as images and video with text to
988, we decline to require covered text providers to support MMS
messages to 988.
16. Just as our Federal partners recently added a texting
capability to the Lifeline, they may choose to expand the functionality
of their texting service over time. It is important for the
requirements we establish to keep pace flexibly and readily rather than
resorting to a Commission-level proceeding every time the Lifeline can
accept a new text format. We therefore direct the Bureau to routinely
consult with our Federal partners at SAMHSA and the VA to determine
when the Lifeline has implemented a new text message format to 988. We
further direct the Bureau, on or before June 30, 2023, and no less
frequently than annually thereafter, to propose and seek comment on
implementation parameters for covered text providers to transmit any
additional text message formats to 988 that the Lifeline is capable of
receiving and that are within the scope of the outer bound message
definition adopted herein. The Bureau shall identify the additional
text messaging format(s) that the Lifeline is capable of receiving, if
any; propose and seek comment on an interpretive determination as to
whether the additional text message format(s) fall within the outer
bound definition; and propose and seek comment on implementation
deadline(s) for those additional text message formats. If the Bureau
finds after this process that the Lifeline is capable of receiving an
additional text format that is within the scope of the outer bound
definition that we have established, it shall release a second Public
Notice requiring covered text providers to implement text-to-988 using
that new format and setting an implementation date that is as prompt as
reasonably practical. If the Bureau instead finds that, notwithstanding
its initial proposal, the Lifeline is not capable of receiving an
additional text format that is within the scope of the outer bound that
we have established, it shall issue a Public Notice declining to adopt
its initial proposal. The Bureau may set one implementation deadline or
staggered implementation deadlines for different classes of providers,
and it shall identify all implementation deadlines with certainty
(i.e., by a specified calendar date). In setting a deadline or
deadlines for compliance, the Bureau shall assess factors such as
technical and financial challenges with respect to implementation, the
status of the Lifeline, and the public interest. We find our two-step
approach allows us to ensure rapid support for additional texting
formats as technology evolves, while providing certainty to the
industry and the public. Further, we find this approach facilitates
further updates when the Lifeline implements a new texting format
without requiring a Commission rulemaking, which often requires more
time than Bureau-level action. Accordingly, we direct the Bureau to
implement the approach we describe above, including through prescribing
implementation deadlines.

[[Page 402]]

17. CEA supports the Commission's proposal but asks for the Bureau
to conduct annual public hearings rather than develop a written record.
We find the proposed Public Notice procedure achieves the same purpose
as a public hearing--providing a forum to establish a record regarding
expansion of the covered 988 text message definition--while imposing
fewer administrative burdens and costs on the public and the
Commission. We expect the Bureau to meet with interested parties, as
permitted by the Commission's ex parte rules.
18. We decline to adopt CEA's proposals to bypass our Public Notice
procedure and automatically include MMS, RCS, or RTT within the scope
of covered 988 text messages if and when the Lifeline is ready to
accept those new texting formats. We think the Public Notice process is
valuable because it will allow the Bureau to gather information to set
appropriate technology-specific implementation deadlines and to
evaluate whether a given technology fits within the outer scope of the
definition of 988 text message we adopt herein. It also provides the
Bureau time to facilitate dialogue between parties should any
complications arise. We are concerned that automatic inclusion of
certain formats in the future could lead to avoidable problems, and we
therefore decline CEA's suggestion.
19. We also decline CEA's proposal that, should the Bureau or
Commission require inclusion of RCS, RTT, or any other format, covered
text providers would be required to support the new format ``by the
later of (i) three months after the Lifeline states that it is ready to
receive such format; or (ii) the date upon which the affected covered
text provider begins providing such texting format to its customers
generally.'' We find it best to grant the Bureau flexibility to
determine an implementation timeframe appropriate to each technology
the Lifeline may implement. We prefer this approach because the Bureau
will be able to make a decision based on a thorough record focused on
the Lifeline's actual implementation of the technology. We anticipate
that some technologies such as RTT that are already generally in use
may be easier for covered text providers, especially larger providers,
to support if implemented by the Lifeline, and we encourage the Bureau
to take ease of implementation and availability of the technology into
account when reaching a determination.
20. We decline requests from CEA and ZP Better Together (ZP) to
require direct video communication (DVC) and direct dialing from video
relay service (VRS) to 988. With respect to VRS, ZP believes that by
dialing 988 directly, both a Lifeline counselor and a VRS
communications assistant would show up simultaneously. We are not
addressing ZP's VRS request at this time because direct 988 dialing for
VRS is beyond the scope of this item, which is focused on text-to-988.
With respect to DVC, we strongly encourage the development and
implementation of direct communications solutions for individuals with
disabilities. However, the Lifeline does not receive direct
communications via video. Requiring providers to support communications
that the Lifeline is not currently capable of receiving would cause
consumer confusion, as individuals in crisis may attempt to access the
Lifeline via direct video communications without realizing that the
Lifeline cannot answer. We are pleased that the Lifeline is available
to users of telecommunications relay services, including via 988, and
the Lifeline maintains a separate TTY number, and we encourage our
Federal partners to continue to consider additional alternative means
by which individuals with disabilities may contact the Lifeline. Users
of speech-to-speech services and TTY-based TRS dial 711 first to
connect to a communications assistant who will complete the call to the
Lifeline.
2. Definition of ``Covered Text Provider''
21. We adopt our proposed definition of ``covered text providers''
as that term is defined in the Commission's text-to-911 rules, to
include ``all CMRS providers, as well as providers of interconnected
text messaging services that enable consumers to send text messages to
and receive text messages from all or substantially all text-capable
U.S. telephone numbers, including through the use of applications
downloaded or otherwise installed on mobile phones.'' We find that the
straightforward and well-established definition from the 911 context
best delineates the scope of covered text providers obligated to
support text-to-988 service.
22. The record supports our proposal to adopt the text-to-911
definition of ``covered text provider'' here. CTIA encourages us to
keep the text-to-988 scope consistent with the scope of covered text
providers in the text-to-911 context in order to ``identify a well-
known and experienced scope of providers who will need to work
collaboratively with the Lifeline to achieve the aggressive deadline
that CTIA and others have suggested.'' T-Mobile similarly agrees with
CTIA that the Commission should look to its text-to-911 rules when
establishing the scope of covered text providers in the text-to-988
context. And, as CTIA notes, no commenter suggests an alternative
definition to our proposal.
23. We require interconnected text messaging service providers,
which enable customers to ``send text messages to all or substantially
all text-capable U.S. telephone numbers and receive text messages from
the same,'' to support text-to-988 service. We decline to apply our
requirements to non-interconnected text providers, as CEA suggests. By
definition, non-interconnected text providers cannot send text messages
to and receive text messages from all or substantially all text-capable
U.S. telephone numbers, meaning they are unlikely to be able to
transmit texts to and receive texts from 988. Even non-interconnected
text providers that use telephone numbers--for instance where an
application uses telephone numbers to identify users relative to each
other rather than for routing--may nonetheless be unable to send text
messages to users of other services or to all or substantially all
telephone numbers. Obligating non-interconnected text providers to
attempt to route texts to 988 via telephone numbers when physical
routing is beyond such providers' control could increase customer
confusion or diminish public trust in texting as a means to reach the
Lifeline.
24. Voice on the Net (VON) and Mitel request that we exempt covered
text providers in Wi-Fi only locations because ``there remain
challenges to the reliability of routing text messages to
interconnected networks without the benefit of a CMRS provider.'' We
decline at this time to adopt a blanket exemption for covered text
providers in Wi-Fi only locations. While we anticipate interconnected
text messaging service providers will typically use CMRS-based
solutions to support text-to-988, CMRS networks are not the only means
of interconnection, and covered text providers may use any reliable
method or methods to support text routing and transmission to 988.
Furthermore, neither VON nor Mitel elaborate on or provide evidence to
support their claims of technical challenges associated with routing
without access to a CMRS network, or that such challenges cannot be
bypassed by adopting a non-CMRS solution. While we agree with Mitel
that ``[r]outing messages to the interconnected network often requires
access to an underlying wireless network or provider,'' commenters have
not provided sufficient support for us to

[[Page 403]]

conclude that covered text providers in Wi-Fi only locations are never
able to use a CMRS-based or alternative method to reliably support text
routing and transmission to 988. We reiterate that our requirements
exclude providers that are unable to allow consumers to send text
messages to and receive text messages from all or substantially all
text-capable U.S. telephone numbers.

C. Routing Texts to 988

25. We adopt our proposal to require covered text providers to
route covered 988 text messages to the Lifeline's current 10-digit
number, 1-800-273-8255 (TALK). Our decision is consistent with the
Commission's approach in the 988 Report and Order (85 FR 57767,
September 16, 2020) to require service providers to ``transmit all
calls initiated by an end user dialing 988 to the current toll free
access number for the Lifeline.'' Most commenters support centralized
routing for text-to-988.
26. We find our centralized routing rule will allow for swift
implementation of text-to-988 to the Lifeline's 10-digit number by
lowering technical requirements and costs for covered text providers to
route texts to the Lifeline. As Vibrant states, our centralized routing
solution for text-to-988 will ``allow[] for a seamless delivery of
crisis intervention services that is consistent with clinical
standards, best practices, and national guidelines overseen by the
administrator and SAMHSA.'' CTIA notes that by requiring centralized
routing, ``the Commission can significantly lower technical hurdles to
enable wireless providers to deploy text-to-988 as soon as possible.''
ATIS ``has not identified any technical challenges associated with''
routing covered 988 texts to the Lifeline 10-digit number. We note that
several wireless providers were able to implement routing calls to 988
within six months of adoption, and we anticipate that similarly swift
implementation may be possible here.
27. We also find that adopting our proposal will provide our
Federal partners with the flexibility to develop and expand routing
solutions to meet the Lifeline's needs. Once text messages are routed
to the Lifeline's 10-digit number, the Lifeline can then ``forward
those messages to the appropriate local crisis center,'' similar to the
current mechanism for voice call routing to 988. Currently, the
Lifeline's network consists of over 180 crisis centers, with 33 centers
providing text service. SAMHSA has identified resource strain and
capacity issues experienced during its rollout of text service to the
Lifeline's 10-digit number and, as a result, indicates its intention to
explore working with existing crisis text and chat services outside the
Lifeline as well as expanding text capacity within the network. We
encourage SAMHSA and the VA to work with outside entities as needed to
meet increased demand, and we believe our centralized routing rule will
better allow for the Lifeline's network to adapt, evolve, and expand as
necessary to meet capacity and technological needs.
28. We decline to require covered text providers to route covered
988 text messages directly to a Lifeline local crisis center or
Veterans Crisis Line crisis center. While text-to-911 uses such direct
routing, we believe that approach would be counterproductive for text-
to-988. We disagree with Intrado's proposal to leverage the existing
text-to-911 infrastructure by using Intrado's Text Control Center (TCC)
services to transmit texts to 988 directly to an individual local
crisis center, once the crisis center has made a valid request for
text-to-988 service. This proposal mirrors the text-to-911 rules, where
a covered text provider must enable text-to-911 service within six
months of a local Public Safety Answering Point's (PSAP's) valid
request for service. We are concerned that implementation of a
localized routing model would be time-consuming, contrary to our goal
of making text-to-988 rapidly available to all Americans. CTIA and T-
Mobile point to specific technical and administrative challenges should
the Commission require covered text providers to route texts to 988 to
local crisis centers, which would compromise swift implementation by
the July 16, 2022, date. ATIS, T-Mobile, and VON also note routing to
the local crisis centers would require the adoption of new technical
standards and specifications, including the development of intermediate
gateway providers at regional centers, which could increase costs and
delay launch of text-to-988. Requiring delivery of texts to 988 to
individual crisis centers could impede the Lifeline network's future
expansion, as covered text providers would need to implement text
routing to each new center to ensure that the community served by that
center can communicate via text if desired, as opposed to immediate
nationwide access through centralized routing. Furthermore, as CTIA
points out, ``Intrado fails to explain why texts to 9-8-8 should be
routed differently from voice calls to 9-8-8.'' We see no difference
between voice and text service to the Lifeline presented in the record
that would justify adopting alternate routing infrastructures for
either service. In contrast, there are significant differences between
988 and 911, chief among them the nationwide Lifeline voice and text
service routed through a centralized, toll free 10-digit number as
opposed to the localized PSAP network.
29. We find that it is premature to require covered text providers
to enable covered 988 text messages to include location information. As
instructed by Congress in the National Suicide Hotline Designation Act
of 2020, in April 2021 the Bureau released a report on the costs and
feasibility of providing location information with calls to 988. In the
report, the Bureau recommended the establishment of a multi-stakeholder
advisory committee to develop detailed recommendations on how to
address several challenges presented in the record, including privacy
considerations, technical implementation, and cost recovery. NAMI and
Vibrant reiterate arguments raised in the 988 Geolocation Report that
requiring geolocation information with calls and texts to local crisis
centers will improve accuracy in connecting individuals in crisis with
counselors who are in the best position to provide localized care. Yet,
as the Bureau identified in the 988 Geolocation Report, requiring
providers to transmit location information to 988 ``raises important
privacy and legal issues, is technically complex, and could impose
significant costs.'' Several commenters, including ATIS and CTIA,
highlight the challenges identified in the 988 Geolocation Report and
oppose a location information requirement for text-to-988, indicating
it would be premature for the Commission to adopt such a mandate
without further study and standards development. Given the similar
complexity and interrelation between call and text routing to 988, we
decline, at this time, NAMI and Vibrant's requests to require location
information with texts transmitted to 988. Commenters also raise
privacy concerns should the Commission require the transmission of
location information without the texter's consent. Given the Bureau's
recommendation and the similar concerns raised in the record regarding
technical limitations of providing location information, we decline, at
the present time, to require covered text providers to include location
information with texts to 988.
30. We also decline to require covered text providers to take
action to route texts to 988 to the Veterans Crisis Line, and we
instead defer to our Federal partners to determine whether and how to
make it possible to text 988 for the

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Veterans Crisis Line's text service. Telephone callers to the
Lifeline's 10-digit number can press ``1'' to connect directly with a
crisis counselor at the Veterans Crisis Line. Texting, on the other
hand, is not presently integrated--texters who wish to reach the
Veterans Crisis Line contact a text short code (838255) rather than the
Lifeline's toll free 10-digit number. We recognize that there would be
significant benefits to enabling texters to reach the Veterans Crisis
Line by texting 988. At the same time, we recognize the critical need
for carefully developing a pilot program and extensively testing the
transfer of texts between 988 and the Veterans Crisis Line to ensure
that no Service Member, Veteran, or family member is left without
access to lifesaving resources. Any rush to enable texting 988 for the
Veterans Crisis Line's text service before sufficient implementation
work and testing would raise safety concerns, should any text
conversations be dropped or lost in transfer. We believe our Federal
partners at the VA and SAMHSA are best positioned to evaluate the
benefits, challenges, and costs of transferring texts and to pursue a
solution, if desirable. We agree with ATIS that use of 988 ``makes it
infeasible to automatically route calls to one service or the other''
without additional information, such as through a secondary input
exchange, to enable providers to correctly route the text to the proper
recipient. There is no record support for Commission action to require
providers to selectively route texts to 988 to the Veterans Crisis
Lifeline's text service. Nor does the record reveal any solutions for
requiring providers to implement texting to 988 for the Veterans Crisis
Line's text service that we could effectuate in conjunction with
requiring providers to implement texting to 988 for the Lifeline. After
evaluation and testing, our Federal partners may be able to pursue a
workable, reliable approach to enabling texts to 988 to reach the
Veterans Crisis Line. At the present time, Service Members, Veterans,
and their families may reach the Veterans Crisis Line by calling 1-800-
273-8255 and pressing 1, by texting 838255, or by chat through the
Veterans Crisis Line's website, <a href="https://www.veteranscrisisline.net">https://www.veteranscrisisline.net</a>. We
recognize that during the rollout and launch of 988, our Federal
partners at the VA will face challenges in promoting widespread public
awareness that the Veterans Crisis Line is reachable by text through a
short code that is separate from 988. We direct Commission staff to
work cooperatively with our Federal partners to promote awareness of
how Service Members, Veterans, and their families can reach the
Veterans Crisis Line.

D. Implementation Timeframe

31. We adopt our proposal to set a uniform nationwide
implementation deadline for text-to-988 of July 16, 2022--concurrent
with 988's voice implementation deadline--for all covered text
providers to support transmission of all covered 988 text messages. As
stated above, this deadline applies only to texts the user sends to
988. It does not apply to texts to the Veterans Crisis Line using its
existing short code. Guiding our decision is the need to minimize the
time needed to implement text-to-988 so as to help address the growing
epidemic of suicide as quickly as possible. By setting a uniform
deadline, rollout of text-to-988 will be most effective, enabling
stakeholders to clearly and consistently communicate when the public
can access texting services universally, while avoiding any confusion
stemming from a different deadline than voice implementation. Although
a phased-in approach may enable us to set a shorter deadline for some
providers, this approach risks confusion not just among those ``unaware
of the details of staggered regulatory deadlines,'' but also among
those who may seek to call rather than text. Such a scenario ``could be
disastrous for individuals and, in the aggregate, could erode trust in
the Lifeline.'' Further, we find that a July 16, 2022, deadline
provides the Lifeline adequate time to prepare for additional texting
volume, with Vibrant expressing confidence following its successful
2021 pilot program that ``the Lifeline has the capability to receive
text-to-988 messages on the first day of 988 operation.'' And as ATIS
highlights, because we only require that covered text providers send
text messages to the Lifeline's 10-digit number, the need for a phased
approach is eliminated.
32. We specifically set a deadline of July 16, 2022, which nearly
all commenters who address timing support. Just as we concluded
previously with respect to 988 implementation for voice calls, we set
as early of a deadline as possible because of the numerous benefits of
swift implementation in preventing suicide. As explained above,
providers need not route calls to individual call centers, eliminating
the need for lengthy development of new technical standards and
specifications. Some providers themselves also support a July 16, 2022,
deadline as providing sufficient time for implementation. Setting a
deadline for text-to-988 that matches the existing deadline for
implementing calls to 988 also avoids public confusion and enhances the
efficacy of marketing campaigns promoting 988. As the Mental Health
Associations state, ``[d]elaying an implementation deadline [beyond
July 2022] will not prevent people in crisis from reaching out to 988
through text,'' and such individuals will find their ``[r]equest for
help will go unanswered'' without action in this proceeding.
33. We reject VON's arguments that we should set a deadline of 12
months following the effective date of the order due to ``[t]he need to
develop and implement new routing and technical standards'' that may
pose challenges to meeting the voice deadline of July 16, 2022.
Specifically, VON compares the Lifeline's call centers to PSAPs,
explaining how in the context of text-to-911, a new joint standard
needed to be created in order to direct texts to the latter. However,
as explained above, we do not require that providers route texts to
individual call centers, but instead to the Lifeline's toll free 10-
digit number. Additionally, VON cites these potential challenges only
in vague terms, and claims only that they ``might'' serve as obstacles
to ``meeting the voice deadline of July 16, 2022.'' Moreover, as
explained below, the flexible text-to-988 rules we adopt in this
document do not generate significant technical obstacles, and the
record's support for a July 16, 2022, deadline suggests that the issues
pertinent to a texting solution specifically can be overcome in the
given timeframe. For example, ATIS supports a July 16, 2022, deadline
as ``reasonable'' given that ``it is already possible to text the
existing Lifeline toll-free number,'' highlighting that ``texting to
the new three-digit short code (988) would create no new technical
challenges.''

E. Technical Considerations

34. We adopt our proposal to allow covered text providers to use
any reliable method or methods to support text routing and transmission
to 988. We reiterate that covered text providers may use any reliable
method or methods to support text routing and transmission to 988, and
emphasize our neutrality on the technologies that covered text
providers use to support text messaging to 988. We find that this
approach accounts for currently-available text messaging formats and
technologies and also provides the flexibility to adapt to future
availability. No commenter opposed our proposal. As ATIS explains,
texting to 988 ``can and should be implemented in a timely manner[,]''

[[Page 405]]

and should ``create no technical challenges.''
35. Network Upgrades. Based on the record, we do not expect that
covered text providers will need to install significant network
upgrades to implement the texting to 988 requirements adopted herein.
Though covered text providers must determine how to support texting to
988 as adopted, the rules we adopt in this document provide the
flexibility to choose the most effective method for doing so. For
example, covered text providers may choose to route text messages to
988 over their mobile-switched networks or use an IP-based method to
deliver text messages to the Lifeline. We are encouraged that many
providers have implemented voice calling to 988 a year or more before
the implementation deadline, and we envision that covered text
providers can also easily implement texting to 988.
36. Equipment Upgrades. We find, based on the record, that no
significant software or equipment upgrades will be necessary to
implement texting to 988. We agree with ATIS, one of the organizations
that set the standards for texting to 911, that ``[a] focus on
functionality rather than technical standards is required to meet the
needs of those who communicate primarily via texting.'' We are not
persuaded by VON's argument that, like implementing text-to-911,
industry needs to develop new routing and technical standards that may
delay text-to-988's implementation. VON generically states that 911
networks and the Lifeline are ``two distinct infrastructures'' that
will require new standards, but does not explain why these
infrastructural differences merit developing new standards. We find
more convincing ATIS's assertion that changes to industry standards
will ``be minimal if, as expected, no changes are required to consumer
devices to support text-to-988 requirements'' because the bulk of the
record indicates that texting to 988's centralized routing solution,
limited scope of text messaging service technologies, and other adopted
requirements are straightforward to implement by our adoption deadline.
37. We exempt legacy devices that are incapable of sending text
messages via 3-digit codes from the text-to-988 requirements, provided
the software for these devices cannot be upgraded over the air to allow
text-to-988. In the Text-to-911 proceeding, the Commission did not
require certain legacy devices to comply with the text-to-911
requirements because ``the messaging application or interface on the
mobile device will likely provide an error message indicating an
invalid destination number, reducing user confusion somewhat'' that the
legacy device could not support texting to 911. No commenter discussed
legacy devices nor indicated that circumstances have changed since the
Commission adopted this exemption in the Text-to-911 proceeding.
Accordingly, we find that the same exemption is appropriate here.
38. Network Access. We require CMRS providers to allow access to
their SMS networks by any other covered text provider for the
capabilities necessary to transmit 988 text messages originating on
such other covered text providers' networks, similar to the text-to-911
rules. We find this rule is necessary to implement our text to 988
requirement as we anticipate that many interconnected text providers
will choose CMRS network-based solutions to implement texting to 988.
No commenter opposed providing this network access. Mitel explains
that, like in the texting to 911 context, routing messages to
interconnected networks often requires access to an underlying wireless
network and provider. Similar to the text-to-911 rules, we adopt this
requirement to ``respond to consumers' reasonable expectations and
reduce consumer confusion'' regarding text-to-988's availability.
39. Similar to the Commission's position in the Text-to-911 Second
Report and Order (79 FR 55367, September 14, 2014), we conclude that it
is the responsibility of the covered text provider using the CMRS-based
solution to ensure that its text messaging service is technically
compatible with the CMRS providers' SMS-based network and devices and
in conformance with any applicable technical standards. As in the text-
to-911 context, we further require CMRS providers to make any necessary
specifications for accessing their SMS networks available to other
covered text providers upon request, and to inform such covered text
providers in advance of any changes to these specifications. We
clarify, however, that we do not intend to use these requirements to
establish an open-ended obligation for CMRS providers to maintain
underlying SMS network support merely for the use of other providers,
nor do we require CMRS providers to reconfigure any SMS text-to-988
platforms in order to facilitate the ability of other covered text
providers to access the CMRS providers' networks. Further, as with the
text-to-911 rules, CMRS providers' obligation to allow access to CMRS
networks ``is limited to the extent that the CMRS providers offers
SMS.'' While we expect that adopting these rules will similarly
encourage ``interconnected text providers to actively develop solutions
to support [text-to-988] without reliance on CMRS providers' underlying
networks,'' we nonetheless encourage providers to enact solutions to
carry other covered text providers' text messages to 988 over their
networks.

F. Other Issues

40. Cost Recovery. We adopt our proposal to require all covered
text providers to bear their own costs to implement text-to-988. We
find that this approach promotes efficiency in implementation and
avoids unnecessary administrative costs. In the 988 Report and Order,
we observed that ``[u]nlike previous numbering proceedings in which the
Commission established a cost recovery mechanism,'' implementation of
988 itself does not involve ``shared industry costs such as central or
regional numbering databases or third-party administrators.''
Similarly, we conclude that implementation of a text-to-988 solution
requires no shared industry costs, with costs being provider-specific
and solutions unique to each. As such, as proposed in the FNPRM we find
that the requirements in section 251(e)(2) of the Act that ``[t]he cost
of establishing telecommunications numbering administration
arrangements and number portability shall be borne by all
telecommunications carriers on a competitively neutral basis'' does not
apply.
41. Bounce-back Messages. We decline to require covered text
providers to send an automatic bounce-back message specifically
designed to address where text-to-988 service is unavailable for
several reasons. First, the record indicates that failed messages are
likely to be rare. CTIA explains that network failures are ``rare due
to redundancies in the SMS network'' and Vibrant indicates that to date
the Lifeline's text messaging service has not experienced any downtime.
Second, in the rare instance that covered text providers fail to
deliver a text message to the Lifeline, current notice practices are
sufficient. Individuals texting the Lifeline currently receive a
bounce-back message under a variety of circumstances. CTIA explains
that covered text providers usually send customers a notification from
a device or network when a CMRS provider cannot deliver a text message
due to a network failure. Vibrant also indicates that the Lifeline
currently sends individuals scheduled text messages approximately every
10 minutes if there is a wait to reach a crisis counselor that informs
them they are in the queue, offers access to other

[[Page 406]]

resources while they wait, and provides the option to call the
Lifeline. Consequently, we further agree with commenters that to the
extent operational concerns, network congestion, or outsized demand
prevent texters from reaching a crisis counselor, the parties that
operate the Lifeline are in the best position to send a message to
texters because covered text providers do not have visibility into the
Lifeline's operations. Third, we decline to require 988-specific
bounce-back messages because such a mandate risks delay of text-to-988
implementation. We recognize comments from CTIA which state that
developing a bounce-back messaging capability ``would require
substantial additional time and complexity, as well as the development
of standards and requirements for implementation, and would
significantly delay the July 16, 2022 implementation target.'' T-Mobile
further asserts that when a CMRS provider has not delivered a text
message to the Lifeline due to network congestion, sending a Lifeline-
specific automatic bounce-back message could be technically infeasible
because ``[c]arriers cannot determine if a text sent to the 10-digit
Lifeline number has not been delivered due to network congestion or
other factors related to nature of SMS generally.''
42. Finally, a key circumstance that prompted the Commission to
require automatic bounce-back messaging for text-to-911 are not present
for text-to-988. In the Text-to-911 proceeding, the Commission adopted
an automatic bounce-back messaging requirement because texting was and
is only available to some PSAPs, and Americans in many parts of the
country could not text 911 at all. In contrast, our centralized routing
approach ensures that texting to 988 will be uniformly available
nationwide. The unique geographic gaps that the bounce-back requirement
addresses in the 911 context are not present here. It is possible that,
as in the text-to-911 context, requiring a bounce-back message for
text-to-988 could help ``persons in emergency situations being able to
know immediately if a text message has been delivered to the proper
authorities'' in the limited situations when consumers cannot send text
messages to the Lifeline. However, given the urgency of improving
access to lifesaving suicide prevention resources, and in light of
existing protections against and in the event of a delivery failure, we
decline to a bounce-back messaging requirement for text-to-988 at this
time. We will monitor the operation of texting to 988 post-
implementation and will not hesitate to revisit the issue of requiring
a bounce-back if warranted.
43. Federal Coordination. We direct the Bureau to continue to
coordinate implementation of 988 with SAMHSA, including any issues
pertaining to the delivery of text messages to 988. We direct the
Bureau and Commission staff to support the VA in promoting awareness of
texting options for Service Members, Veterans, and their families, and
to support the VA and SAMHSA in piloting, testing, and implementing any
solution our Federal partners may choose to pursue to allow texting to
988 for the Veterans Crisis Line's text service. We also encourage
SAMHSA to continue to work to expand the Lifeline's texting
infrastructure. We will continue to work with and support our Federal
partners in their efforts to assist Americans in crisis.
44. Future Technical Corrections to Lifeline 10-Digit Number. In
our rules, we identify the current 10-digit telephone number of the
Lifeline, 1-800-273-8255 (TALK). We direct the Bureau, after notice and
comment, to update this reference to the correct number if the Lifeline
ever changes telephone numbers. This direction applies to the text-to-
988 rules we adopt in this document and to our previously-adopted 988
telephone rules.

G. Legal Authority

45. We conclude that Title III of the Act and the Twenty-First
Century Communications and Video Accessibility Act (CVAA) provide us
with authority for the rules we adopt in this document. No commenter
opposes these conclusions. With respect to CMRS providers, we find that
Title III provides us the authority to require wireless carriers to
enable and support text-to-988 service. Consistent with the U.S.
Supreme Court's recognition that Title III provides the Commission a
``broad mandate'' to manage spectrum usage in the public interest, we
find that significant public interest benefits will likely inure from
broadly enabling access to lifesaving services through texting.
Further, the rules adopted here are analogous to those the Commission
adopted to facilitate text-to-911, which relied in part on the
Commission's Title III authority. Therefore, with respect to CMRS
providers, we conclude that Title III provides sufficient authority for
the rules we adopt in this document.
46. As to interconnected text messaging service providers, the CVAA
granted us authority to adopt ``other regulations . . . as are
necessary to achieve reliable, interoperable communication that ensures
access by individuals with disabilities to an internet protocol-enabled
emergency network.'' We conclude that the Lifeline constitutes an
``emergency network'' within the meaning of the CVAA. The CVAA does not
define what an ``emergency network'' is, nor does it elaborate on what
qualifies as ``emergency services.'' However, Congress, through the
National Suicide Hotline Designation Act, deemed ``life-saving
resources'' such as the Lifeline and the Veterans Crisis Line
``essential'' and recognized the need for an ``easy-to-remember, 3-
digit phone number''--that is, one readily available in an emergency
situation. As CTIA argues, it is therefore reasonable to conclude that
such services should be considered ``emergency services'' and that the
Lifeline and Veterans Crisis Line act as an ``emergency network''
within the meaning of the CVAA. Moreover, texting capabilities provide
``easy access to emergency services for people with disabilities,''
including those with hearing and speech disabilities. Such individuals
may not be able to take advantage of 988's voice service, necessitating
that an alternative means of communicating be provided. We therefore
conclude that the CVAA provides authority for the rules we adopt in
this document, and the record reflects agreement with our analysis.
Because we find that Title III and the CVAA provide sufficient
authority for the rules we adopt in this document, we find it
unnecessary to address other possible sources of authority to adopt
these rules.

H. Benefits and Costs of Text-to-988

47. Consistent with our proposal in the FNPRM, we find that
benefits of requiring service providers to support text-to-988 far
exceed the costs of implementation. The loss of victims' lives to
suicide cannot be adequately captured by any pecuniary measure; the
principal benefit of text-to-988 is that it will reduce suicide risk by
providing an additional means of reaching help for the most vulnerable.
Text-to-988 will reduce the risk of suicide mortality, primarily among
those who would either send a text to 988 or forgo a lifesaving
intervention altogether. Three vulnerable communities, in particular,
face this stark choice: Youth, who rely heavily on text messages for
their general communications needs; the deaf, deafblind, hard of
hearing, and speech disabled; and those who are reluctant to dial 988
because they feel unsafe, ashamed or embarrassed, including many LGBTQ+
youth and victims of domestic abuse. As outlined

[[Page 407]]

above, the ability to text to the short and easy-to-remember 988 code
will make the lifesaving interventions of the Lifeline crisis centers
even more accessible than dialing alone. As no commenter in the record
disputes, we find that the benefits of implementing text-to-988 will
quickly exceed costs, and dwarf them over time.
48. In the FNPRM, we estimated the cost of implementing text to 988
would be nearly $27 million over five years. We based our estimate on
Intrado's existing estimates of the costs of upgrading 911 call centers
to receive text messages. Although one commenter asserts that the costs
of implementation are likely to be ``substantially lower'' than our
estimate, no commenters provided any individual estimates or disputed
our underlying approach or our estimate of the combined total cost of
nearly $27 million with an alternate figure. We agree that
implementation costs may be lower than we projected. However, since no
commenter provided an estimate of the impact of these potential
reductions, we find it prudent to rely on our original estimate.
49. Commenters suggest quantifiable benefits that would greatly
exceed these costs. For example, the Mental Health Associations
emphasize that improved access to ``mental health response to mental
health crises'' will result in cost savings for communities and
individuals. These ``[e]mergency department visits for mental health
and substance use disorders cost an average of $520 across 10.7 million
visits in 2017, for a total cost nationwide of nearly $5.6 billion.''
Any reduction in these visits and resulting cost savings are benefits
of implementing text-to-988. In addition, the Center for Law and Social
Policy (CLASP) points to an evaluation of Nevada's TextToday pilot
program, one of the country's first crisis response lines that accepted
text messages. The evaluation found an increase in help-seeking by
youth and a preference for texting. Groups that would be especially
likely to benefit from text-to-988 are members of the LGBTQ+ community,
and deaf, deafblind, hard of hearing, and speech-disabled adults.
Between 2015 and 2019, we estimate there were more than 39,000 suicides
among youth 10-19, LGBTQ+ adults, and deaf, deafblind, hard of hearing,
and speech-disabled adults. If text-to-988 reduces the annual risk of
suicide mortality among these groups and others by even a very small
amount, the benefits would easily outweigh the costs of implementing
text-to-988.

II. Final Regulatory Flexibility Analysis

1. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated into the FNPRM, released April 2021. The Commission sought
written public comments on the proposals in the FNPRM, including
comment on the IRFA. No comments were filed addressing the IRFA.
Because the Commission amends its rules in the Second 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

2. In the Second Report and Order, the Commission adopts rules
requiring CMRS providers and providers of interconnected text messaging
services that enable consumers to send text messages to, and receive
text messages from, all or substantially all text-capable U.S.
telephone numbers, including through the use of applications downloaded
or otherwise installed on mobile phones (covered text providers) to
enable delivery of text messages to 988. The Commission further
requires that covered text providers route 988 text messages to the
National Suicide Prevention Lifeline's (Lifeline) 10-digit number,
currently 1-800-273-8255 (TALK). The Commission believes these rules
will expand the availability of mental health and crisis counseling
resources to Americans who suffer from depressive or suicidal thoughts,
by allowing individuals in crisis to reach the Lifeline by texting 988.

B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA

3. There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration

4. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments.
5. The Chief Counsel did not file any comments in response to the
proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply

6. 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 final rules adopted pursuant to the Second Report and
Order. 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 SBA.
7. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe here, at
the outset, three broad groups of small entities that could be directly
affected herein. First, while there are industry specific size
standards for small businesses that are used in the regulatory
flexibility analysis, according to data from the SBA's Office of
Advocacy, in general a small business is an independent business having
fewer than 500 employees. These types of small businesses represent
99.9% of all businesses in the United States, which translates to 30.7
million businesses.
8. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2018, there were
approximately 571,709 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
9. Finally, the small entity described as a ``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.'' U.S. Census
Bureau data from the 2017 Census of Governments indicate that there
were 90,075 local governmental jurisdictions consisting of general
purpose

[[Page 408]]

governments and special purpose governments in the United States. Of
this number there were 36,931 general purpose governments (county,
municipal and town or township) with populations of less than 50,000
and 12,040 special purpose governments--independent school districts
with enrollment populations of less than 5ll governmental
jurisdictions.
10. Wired Telecommunications Carriers. The U.S. Census Bureau
defines this industry as ``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 communications
networks. Transmission facilities may be based on a single technology
or a combination of technologies. Establishments in this industry use
the wired telecommunications network facilities that they operate to
provide a variety of services, such as wired telephony services,
including [voice over internet protocol] VoIP services, wired (cable)
audio and video programming distribution, and wired broadband internet
services. By exception, establishments providing satellite television
distribution services using facilities and infrastructure that they
operate are included in this industry.'' The SBA has developed a small
business size standard for Wired Telecommunications Carriers, which
consists of all such companies having 1,500 or fewer employees. U.S.
Census Bureau data for 2012 show that there were 3,117 firms that
operated that year. Of this total, 3,083 operated with fewer than 1,000
employees. Thus, under this size standard, the majority of firms in
this industry can be considered small.
11. Local Exchange Carriers (LECs). Neither the Commission nor the
SBA has developed a size standard for small businesses specifically
applicable to local exchange services. The closest applicable North
American Industry Classification System (NAICS) Code category is Wired
Telecommunications Carriers. Under the applicable SBA size standard,
such a business is small if it has 1,500 or fewer employees. U.S.
Census Bureau data for 2012 show that there were 3,117 firms that
operated for the entire year. Of that total, 3,083 operated with fewer
than 1,000 employees. Thus under this category and the associated size
standard, the Commission estimates that the majority of local exchange
carriers are small entities.
12. Incumbent Local Exchange Carriers (Incumbent LECs). Neither the
Commission nor the SBA has developed a small business size standard
specifically for incumbent local exchange services. The closest
applicable NAICS Code category is Wired Telecommunications Carriers.
Under the applicable SBA size standard, such a business is small if it
has 1,500 or fewer employees. U.S. Census Bureau data for 2012 indicate
that 3,117 firms operated the entire year. Of this total, 3,083
operated with fewer than 1,000 employees. Consequently, the Commission
estimates that most providers of incumbent local exchange service are
small businesses that may be affected by our actions. According to
Commission data, one thousand three hundred and seven (1,307) Incumbent
Local Exchange Carriers reported that they were incumbent local
exchange service providers. Of this total, an estimated 1,006 have
1,500 or fewer employees. Thus, using the SBA's size standard the
majority of incumbent LECs can be considered small entities.
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 NAICS Code category is Wired
Telecommunications Carriers and under that size standard, such a
business is small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2012 indicate that 3,117 firms operated during that
year. Of that number, 3,083 operated with fewer than 1,000 employees.
Based on these data, the Commission concludes that the majority of
Competitive LECS, CAPs, Shared-Tenant Service Providers, and Other
Local Service Providers, are small entities. 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. Of these 1,442 carriers, an estimated 1,256 have
1,500 or fewer employees. 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. Also, 72 carriers have reported that
they are Other Local Service Providers. Of this total, 70 have 1,500 or
fewer employees. Consequently, based on internally researched FCC data,
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.
14. Interexchange Carriers (IXCs). Neither the Commission nor the
SBA has developed a small business size standard specifically for
Interexchange Carriers. The closest applicable NAICS Code category is
Wired Telecommunications Carriers. The applicable size standard under
SBA rules is that such a business is small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2012 indicate that 3,117 firms
operated for the entire year. Of that number, 3,083 operated with fewer
than 1,000 employees. According to internally developed Commission
data, 359 companies reported that their primary telecommunications
service activity was the provision of interexchange services. Of this
total, an estimated 317 have 1,500 or fewer employees. Consequently,
the Commission estimates that the majority of interexchange service
providers are small entities.
15. Local Resellers. The SBA has not developed a small business
size standard specifically for Local Resellers. The SBA category of
Telecommunications Resellers is the closest NAICS code category for
local resellers. The Telecommunications Resellers industry comprises
establishments engaged in purchasing access and network capacity from
owners and operators of telecommunications networks and reselling wired
and wireless telecommunications services (except satellite) to
businesses and households. Establishments in this industry resell
telecommunications; they do not operate transmission facilities and
infrastructure. Mobile virtual network operators (MVNOs) are included
in this industry. Under the SBA's size standard, such a business is
small if it has 1,500 or fewer employees. U.S. Census Bureau data from
2012 show that 1,341 firms provided resale services during that year.
Of that number, all operated with fewer than 1,000 employees. Thus,
under this category and the associated small business size standard,
the majority of these resellers can be considered small entities.
According to Commission data, 213 carriers have reported that they are
engaged in the provision of local resale services. Of these, an
estimated 211 have 1,500 or fewer employees and two have more than
1,500 employees. Consequently, the Commission estimates that the
majority of local resellers are small entities.
16. Toll Resellers. The Commission has not developed a definition
for Toll Resellers. The closest NAICS Code Category is
Telecommunications

[[Page 409]]

Resellers. The Telecommunications Resellers industry comprises
establishments engaged in purchasing access and network capacity from
owners and operators of telecommunications networks and reselling wired
and wireless telecommunications services (except satellite) to
businesses and households. Establishments in this industry resell
telecommunications; they do not operate transmission facilities and
infrastructure. MVNOs are included in this industry. The SBA has
developed a small business size standard for the category of
Telecommunications Resellers. Under that size standard, such a business
is small if it has 1,500 or fewer employees. 2012 U.S. Census Bureau
data show that 1,341 firms provided resale services during that year.
Of that number, 1,341 operated with fewer than 1,000 employees. Thus,
under this category and the associated small business size standard,
the majority of these resellers can be considered small entities.
According to Commission data, 881 carriers have reported that they are
engaged in the provision of toll resale services. Of this total, an
estimated 857 have 1,500 or fewer employees. Consequently, the
Commission estimates that the majority of toll resellers are small
entities.
17. Other Toll Carriers. Neither the Commission nor the SBA has
developed a definition for small businesses specifically applicable to
Other Toll Carriers. This category includes toll carriers that do not
fall within the categories of interexchange carriers, operator service
providers, prepaid calling card providers, satellite service carriers,
or toll resellers. The closest applicable size standard under SBA rules
is for Wired Telecommunications Carriers. The applicable SBA size
standard consists of all such companies having 1,500 or fewer
employees. U.S. Census Bureau data for 2012 indicates that 3,117 firms
operated during that year. Of that number, 3,083 operated with fewer
than 1,000 employees. Thus, under this category and the associated
small business size standard, the majority of Other Toll Carriers can
be considered small. According to internally developed Commission data,
284 companies reported that their primary telecommunications service
activity was the provision of other toll carriage. Of these, an
estimated 279 have 1,500 or fewer employees. Consequently, the
Commission estimates that most Other Toll Carriers are small entities.
18. Prepaid Calling Card Providers. Neither the Commission nor the
SBA has developed a small business definition specifically for prepaid
calling card providers. The most appropriate NAICS code-based category
for defining prepaid calling card providers is Telecommunications
Resellers. This industry comprises establishments engaged in purchasing
access and network capacity from owners and operators of
telecommunications networks and reselling wired and wireless
telecommunications services (except satellite) to businesses and
households. Establishments in this industry resell telecommunications;
they do not operate transmission facilities and infrastructure. MVNOs
are included in this industry. Under the applicable SBA size standard,
such a business is small if it has 1,500 or fewer employees. U.S.
Census Bureau data for 2012 show that 1,341 firms provided resale
services during that year. Of that number, 1,341 operated with fewer
than 1,000 employees. Thus, under this category and the associated
small business size standard, the majority of these prepaid calling
card providers can be considered small entities. According to the
Commission's Form 499 Filer Database, 86 active companies reported that
they were engaged in the provision of prepaid calling cards. The
Commission does not have data regarding how many of these companies
have 1,500 or fewer employees, however, the Commission estimates that
the majority of the 86 active prepaid calling card providers that may
be affected by these rules are likely small entities.
19. 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 services, paging
services, wireless internet access, and wireless video services. The
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms employed fewer
than 1,000 employees and 12 firms employed of 1000 employees or more.
Thus under this category and the associated size standard, the
Commission estimates that the majority of Wireless Telecommunications
Carriers (except Satellite) are small entities.
20. The Commission's own data--available in its Universal Licensing
System--indicate that, as of August 31, 2018, there are 265 Cellular
licensees that will be affected by our actions. The Commission does not
know how many of these licensees are small, as the Commission does not
collect that information for these types of entities. Similarly,
according to internally developed Commission data, 413 carriers
reported that they were engaged in the provision of wireless telephony,
including cellular service, Personal Communications Service (PCS), and
Specialized Mobile Radio (SMR) Telephony services. Of this total, an
estimated 261 have 1,500 or fewer employees, and 152 have more than
1,500 employees. Thus, using available data, we estimate that the
majority of wireless firms can be considered small.
21. Cable and Other Subscription Programming. The U.S. Census
Bureau defines this industry as establishments primarily engaged in
operating studios and facilities for the broadcasting of programs on a
subscription or fee basis. The broadcast programming is typically
narrowcast in nature (e.g., limited format, such as news, sports,
education, or youth-oriented). These establishments produce programming
in their own facilities or acquire programming from external sources.
The programming material is usually delivered to a third party, such as
cable systems or direct-to-home satellite systems, for transmission to
viewers. The SBA size standard for this industry establishes as small
any company in this category with annual receipts less than $41.5
million. Based on U.S. Census Bureau data for 2012, 367 firms operated
for the entire year. Of that number, 319 firms operated with annual
receipts of less than $25 million a year and 48 firms operated with
annual receipts of $25 million or more. Based on this data, the
Commission estimates that a majority of firms in this industry are
small.
22. Cable Companies and Systems (Rate Regulation). The Commission
has also 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. Industry data indicate that there are 4,600 active cable
systems in the United States. Of this total, all but five cable
operators nationwide are small under the 400,000-subscriber size
standard. In addition, under the Commission's rate regulation rules, a
``small system'' is a cable system serving 15,000 or fewer subscribers.
Commission records show 4,600 cable systems nationwide. Of this total,
3,900 cable systems have fewer than 15,000 subscribers, and 700 systems
have

[[Page 410]]

15,000 or more subscribers, based on the same records. Thus, under this
standard as well, we estimate that most cable systems are small
entities.
23. Cable System Operators (Telecom Act Standard). The
Communications Act of 1934, as amended, also contains a size standard
for small cable system operators, which is ``a cable operator that,
directly or through an affiliate, serves in the aggregate fewer than
one percent of all subscribers in the United States and is not
affiliated with any entity or entities whose gross annual revenues in
the aggregate exceed $250,000,000.'' As of 2019, there were
approximately 48,646,056 basic cable video subscribers in the United
States. Accordingly, an operator serving fewer than 486,460 subscribers
shall be deemed a small operator if its annual revenues, when combined
with the total annual revenues of all its affiliates, do not exceed
$250 million in the aggregate. Based on available data, we find that
all but five cable operators are small entities under this size
standard. We note that the Commission neither requests nor collects
information on whether cable system operators are affiliated with
entities whose gross annual revenues exceed $250 million. Therefore, we
are unable at this time to estimate with greater precision the number
of cable system operators that would qualify as small cable operators
under the definition in the Communications Act.
24. All Other Telecommunications. The ``All Other
Telecommunications'' category is comprised of 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
VoIP services via client-supplied telecommunications connections are
also included in this industry. The SBA has developed a small business
size standard for ``All Other Telecommunications'', which consists of
all such firms with annual receipts of $35 million or less. For this
category, U.S. Census Bureau data for 2012 show that there were 1,442
firms that operated for the entire year. Of those firms, a total of
1,400 had annual receipts less than $25 million and 15 firms had annual
receipts of $25 million to $49,999,999. Thus, the Commission estimates
that the majority of ``All Other Telecommunications'' firms potentially
affected by our action can be considered small.
25. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: Transmitting and receiving antennas, cable
television equipment, Global Positioning System (GPS) equipment,
pagers, cellular phones, mobile communications equipment, and radio and
television studio and broadcasting equipment. The SBA has established a
small business size standard for this industry of 1,250 employees or
less. U.S. Census Bureau data for 2012 show that 841 establishments
operated in this industry in that year. Of that number, 828
establishments operated with fewer than 1,000 employees, 7
establishments operated with between 1,000 and 2,499 employees and 6
establishments operated with 2,500 or more employees. Based on this
data, we conclude that a majority of manufacturers in this industry are
small.
26. Semiconductor and Related Device Manufacturing. This industry
comprises establishments primarily engaged in manufacturing
semiconductors and related solid state devices. Examples of products
made by these establishments are integrated circuits, memory chips,
microprocessors, diodes, transistors, solar cells and other
optoelectronic devices. The SBA has developed a small business size
standard for Semiconductor and Related Device Manufacturing, which
consists of all such companies having 1,250 or fewer employees. U.S.
Census Bureau data for 2012 show that there were 862 establishments
that operated that year. Of this total, 843 operated with fewer than
1,000 employees. Thus, under this size standard, the majority of firms
in this industry can be considered small.
27. Software Publishers. This industry comprises establishments
primarily engaged in computer software publishing or publishing and
reproduction. Establishments in this industry carry out operations
necessary for producing and distributing computer software, such as
designing, providing documentation, assisting in installation, and
providing support services to software purchasers. These establishments
may design, develop, and publish, or publish only. The SBA has
established a size standard for this industry of annual receipts of
$41.5 million or less per year. U.S. Census data for 2012 indicates
that 5,079 firms operated for the entire year. Of that number 4,691
firms had annual receipts of less than $25 million and 166 firms had
annual receipts of $25,000,000 to $49,999,999. Based on this data, we
conclude that a majority of firms in this industry are small.
28. Internet Service Providers (Broadband). Broadband internet
service providers include wired (e.g., cable, digital subscriber line
(DSL)) and VoIP service providers using their own operated wired
telecommunications infrastructure fall in the category of Wired
Telecommunication Carriers. Wired Telecommunications Carriers are
comprised of 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
technologies. The SBA size standard for this category classifies a
business as small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2012 show that there were 3,117 firms that operated
that year. Of this total, 3,083 operated with fewer than 1,000
employees. Consequently, under this size standard the majority of firms
in this industry can be considered small.
29. Internet Service Providers (Non-Broadband). internet access
service providers such as dial-up internet service providers (ISPs),
VoIP service providers using client-supplied telecommunications
connections and internet service providers using client-supplied
telecommunications connections (e.g., dial-up ISPs) fall in the
category of All Other Telecommunications. The SBA has developed a small
business size standard for All Other Telecommunications which consists
of all such firms with gross annual receipts of $35 million or less.
For this category, U.S. Census Bureau data for 2012 show that there
were 1,442 firms that operated for the entire year. Of these firms, a
total of 1,400 had gross annual receipts of less than $25 million.
Consequently, under this size standard a majority of firms in this
industry can be considered small.
30. All Other Information Services. The U.S. Census Bureau has
determined that this category ``comprises establishments primarily
engaged in providing other information services (except news
syndicates, libraries, archives, internet publishing and

[[Page 411]]

broadcasting, and Web search portals).'' The SBA has developed a small
business size standard for this category, which consists of all such
firms with annual receipts of $30 million or less. U.S. Census Bureau
data for 2012 show that there were 512 firms that operated for the
entire year. Of those firms, a total of 498 had annual receipts less
than $25 million and 7 firms had annual receipts of $25 million to
$49,999,999. Consequently, we estimate that the majority of these firms
are small entities that may be affected by our action.

E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities

31. The Second Report and Order modifies the Commission's rules to
require covered text providers to support text messaging to 988. It
concludes that text-to-988 functionality will greatly improve consumer
access to the Lifeline, particularly for at-risk populations and
thereby save lives. The final rules adopted in the Second Report and
Order require CMRS providers and interconnected text messaging service
providers to route texts sent to 988 to the 10-digit Lifeline number,
presently 1-800-273-8255 (TALK). The Second Report and Order (1)
establishes a definition that sets the outer bound of text messages
sent to 988 that covered text providers may be required to support; (2)
directs the Wireline Competition Bureau (Bureau) to identify text
formats within the scope of that definition that the Lifeline can
receive and thus covered text providers must support by routing to the
10-digit Lifeline number; and (3) requires CMRS providers that offer
SMS to allow access by any other covered text provider to the
capabilities necessary for transmission of 988 text messages
originating on such other covered text providers' application services.

F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered

32. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching 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 rules 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.''
33. In the Second Report and Order, the Commission adopts a uniform
implementation deadline for all covered text providers to route covered
988 text messages to 988 to the Lifeline's 10-digit number by July 16,
2022. The Commission believes that applying the same rules equally to
all entities in this context is necessary to alleviate potential
consumer confusion from adopting different rules, at different times,
for different covered text providers. However, the Commission does not
believe that the actions in the Second Report and Order will overly
burden small carriers or providers. Further, the Commission believes
that by its actions, all entities, including small carriers or
providers, will benefit from reduced costs. For example, the Commission
believes that adopting our proposal to require all covered text
providers to bear their own costs to implement text-to-988 will avoid
any unnecessary administrative costs. Further, the Commission provides
covered text provider flexibility in how they support texting to 988,
allowing them to choose the most effective method for doing so.

G. Report to Congress

34. The Commission will send a copy of the Second 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 Second Report and Order, including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A copy of the Second Report and Order
and FRFA (or summaries thereof) will also be published in the Federal
Register.

III. Procedural Matters

35. Paperwork Reduction Act of 1995 Analysis. This document does
not contain proposed information collection(s) subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore,
it does not contain any new or modified information collection burden
for small business concerns with fewer than 25 employees, pursuant to
the Small Business Paperwork Relief Act of 2002, Public Law 107-198,
see 44 U.S.C. 3506(c)(4).
36. Final Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980,103 the Commission has prepared a
Final Regulatory Flexibility Analysis (FRFA) of the possible
significant economic impact on small entities of the policies and
rules, as proposed, addressed in the Second Report and Order. The FRFA
is set forth in Appendix B of the Second Report and Order. The
Commission will send a copy of the Second Report and Order, including
the FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA).
37. Congressional Review Act. The Commission has determined, and
the Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs that this rule is non-major
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission
will send a copy of the Second Report and Order to Congress and the
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
38. People With Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="6a0c09095f5a5e2a0c0909440d051c">[email&#160;protected]</a> or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), 202-
418-0432 (tty).
39. Contact Person. For further information about this rulemaking
proceeding, please contact Michelle Sclater, Competition Policy
Division, Wireline Competition Bureau, at (202) 418-0388 or
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="036e6a606b666f6f662d70606f62776671436560602d646c75">[email&#160;protected]</a>.

IV. Ordering Clauses

40. Accordingly, it is ordered, pursuant to sections 201,
251(e)(4), 301, 303, 307, 309, 316, and 615c of the Communications Act
of 1934, as amended, 47 U.S.C. 201, 251(e)(4), 301, 303, 307, 309, 316,
615c, that the Second Report and Order in WC Docket No. 18-336 is
adopted.
41. It is further ordered that, pursuant to Sec. Sec. 1.4(b)(1)
and 1.103(a) of the Commission's rules, 47 CFR 1.4(b)(1), 1.103(a), the
Report and Order shall be effective 30 days after publication in the
Federal Register.
42. It is further ordered that part 52 of the Commission's rules is
amended as set forth in Appendix A of the Second Report and Order.
43. It is further ordered that the Commission shall send a copy of
the Second Report and Order to Congress and to the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
44. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Second Report and Order, including the Final Regulatory
Flexibility Analysis (FRFA), to the Chief Counsel for Advocacy of the
Small Business Administration.

[[Page 412]]

List of Subjects in 47 CFR Part 52

Communications common carriers, Telecommunications, Telephone.

(47 U.S.C. 201, 251, 301, 303, 307, 309, 316)

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.

Final Rules

For the reasons stated in the preamble, the Federal Communications
Commission amends 47 CFR part 52 as follows:

PART 52--NUMBERING

0
1. The authority citation for part 52 continues to read as follows:

Authority: 47 U.S.C. 151, 152, 153, 154, 155, 201-205, 207-209,
218, 225-227, 251-252, 271, 303, 332, unless otherwise noted.

Subpart E--Universal Dialing Code for National Suicide Prevention
and Mental Health Crisis Hotline System

0
2. Add Sec. 52.201 to read as follows:

Sec. 52.201 Texting to the National Suicide Prevention and Mental
Health Crisis Hotline.

(a) Support for 988 text message service. Beginning July 16, 2022,
all covered text providers must route a covered 988 text message to the
current toll free access number for the National Suicide Prevention
Lifeline, presently 1-800-273-8255 (TALK).
(b) Access to SMS networks for 988 text messages. To the extent
that Commercial Mobile Radio Services (CMRS) providers offer Short
Message Service (SMS), they shall allow access by any other covered
text provider to the capabilities necessary for transmission of 988
text messages originating on such other covered text providers'
application services.
(c) Definitions. For purposes of this section:
988 text message. (i) Means a message consisting of text, images,
sounds, or other information that is transmitted to or from a device
that is identified as the receiving or transmitting device by means of
a 10-digit telephone number, N11 service code, or 988;
(ii) Includes and is not limited to a SMS message and a multimedia
message service (MMS) message; and
(iii) Does not include--
(A) A real-time, two-way voice or video communication; or
(B) A message sent over an IP-enabled messaging service to another
user of the same messaging service, except a message described in
paragraph (b) of this section.
Covered 988 text message means a 988 text message in SMS format and
any other format that the Wireline Competition Bureau has determined
must be supported by covered text providers.
Covered text provider includes all CMRS providers as well as all
providers of interconnected text messaging services that enable
consumers to send text messages to and receive text messages from all
or substantially all text-capable U.S. telephone numbers, including
through the use of applications downloaded or otherwise installed on
mobile phones.
Multimedia message service (MMS) shall have the same definition as
the term in Sec. 64.1600(k) of this chapter.
Short message service (SMS) shall have the same definition as the
term in Sec. 64.1600(m) of this chapter.

[FR Doc. 2021-27878 Filed 1-4-22; 8:45 am]
BILLING CODE 6712-01-P

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