Proposed Rule2024-26795
Implementation of the National Suicide Hotline Act of 2018
Primary source
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Published
November 20, 2024
Effective
December 20, 2024
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) proposes and seeks comment on requiring covered text providers, including wireless providers, to support georouting to ensure that the 988 Suicide & Crisis Lifeline (988 Lifeline or Lifeline) may route covered 988 text messages to appropriate local crisis centers. Covered 988 text messages are currently routed to crisis centers using information conveyed by the number assigned to a help-seeker's device, such as an area code, which may not match the text user's physical location. To better connect 988 text users with critical local intervention services, the Commission proposes to require covered text providers to send georouting data to the 988 Lifeline to the same extent that they are required to send covered 988 text messages to the Lifeline.
Full Text
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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Proposed Rules]
[Pages 91636-91648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26795]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 52
[WC Docket No. 18-336; FCC 24-111; FR ID 260903]
Implementation of the National Suicide Hotline Act of 2018
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) proposes and seeks comment on requiring covered text
providers, including wireless providers, to support georouting to
ensure that the 988 Suicide & Crisis Lifeline (988 Lifeline or
Lifeline) may route covered 988 text messages to appropriate local
crisis centers. Covered 988 text messages are currently routed to
crisis centers using information conveyed by the number assigned to a
help-seeker's device, such as an area code, which may not match the
text user's physical location. To better connect 988 text users with
critical local intervention services, the Commission proposes to
require covered text providers to send georouting data to the 988
Lifeline to the same extent that they are required to send covered 988
text messages to the Lifeline.
DATES: Comments are due on or before December 20, 2024, and reply
comments are due on or before January 9, 2025.
ADDRESSES: You may submit comments, identified by WC Docket No. 18-336,
by any of the following methods:
[ssquf] Federal Communications Commission's Website: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>. Follow the instructions for submitting comments.
[ssquf] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#33757070060307735550501d545c45"><span class="__cf_email__" data-cfemail="91d7d2d2a4a1a5d1f7f2f2bff6fee7">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Merry Wulff, Attorney Advisor,
Competition Policy Division, Wireline Competition Bureau, at
<a href="/cdn-cgi/l/email-protection#c885adbabab1e69fbda4aeae88aeababe6afa7be"><span class="__cf_email__" data-cfemail="04496176767d2a5371686262446267672a636b72">[email protected]</span></a> or at (202) 418-1084. For additional information
concerning the Paperwork Reduction Act proposed information collection
requirements contained in this document, send an email to <a href="/cdn-cgi/l/email-protection#a3f3f1e2e3c5c0c08dc4ccd5"><span class="__cf_email__" data-cfemail="08585a49486e6b6b266f677e">[email protected]</span></a>
or contact Nicole Ongele, <a href="/cdn-cgi/l/email-protection#521c3b313d3e377c1d3c35373e37123431317c353d24"><span class="__cf_email__" data-cfemail="77391e14181b1259381910121b123711141459101801">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Further Notice of Proposed Rulemaking (FNPRM) in WC Docket No. 18-336,
FCC 24-111, adopted October 17, 2024, and released October 18, 2024.
The full text of this document is available for public inspection at
the following internet address: <a href="https://docs.fcc.gov/public/attachments/FCC-24-111A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-111A1.pdf</a>.
Paperwork Reduction Act
The FNPRM may contain proposed new and revised information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and
Office of Management and Budget (OMB) to comment on the information
collection requirements contained in this document, as required by the
Paperwork Reduction Act of 1995 (Pub. L. 104-13). In addition, pursuant
to the Small Business Paperwork Relief Act of 2002 (Pub. L. 107-198)
see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might
further reduce the information collection burden for small business
concerns with fewer than 25 employees.
Comment Filing Procedures
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS).
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
[[Page 91637]]
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by hand or messenger delivery, by
commercial courier, or by the U.S. Postal Service. All filings must be
addressed to the Secretary, Federal Communications Commission.
<bullet> Hand-delivered or messenger-delivered paper filings for
the Commission's Secretary are accepted between 8 a.m. and 4 p.m. by
the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
<bullet> Commercial courier deliveries (any deliveries not by the
U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
<bullet> Filings sent by U.S. Postal Service First-Class Mail,
Priority Mail, and Priority Mail Express must be sent to 45 L Street
NE, Washington, DC 20554.
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="660005055356522600050548010910">[email protected]</a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
Confidentiality. Some information and materials requested by this
FNPRM may be confidential and proprietary. Individuals and entities may
request that confidential and proprietary information submitted to the
Commission be withheld from public inspection consistent with Sec.
0.459 of the Commission's rules.
Ex Parte Rules
This proceeding in this FNPRM shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda, or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b). In proceedings governed by
Sec. 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Providing Accountability Through Transparency Act
The Providing Accountability Through Transparency Act (Pub. L. 118-
9) requires each agency, in providing notice of a rulemaking, to post
online a brief plain-language summary of the proposed rule. The
required summary of this FNPRM is available at <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, as amended (RFA) requires
that an agency prepare a regulatory flexibility analysis for notice and
comment rulemakings, unless the agency certifies that ``the rule will
not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' Accordingly, the Commission has
prepared an Initial Regulatory Flexibility Analysis (IRFA) concerning
the possible impact of the potential rule and policy changes contained
in the FNPRM. The Commission invites the general public, particularly
small businesses, to comment on the IRFA. Comments must be filed by the
deadlines for comments on the FNPRM indicated on the first page of this
document and must have a separate and distinct heading designating them
as responses to the IRFA and must be filed in WC Docket No. 18-336.
Synopsis
Third Further Notice of Proposed Rulemaking
1. Texting is an important mode of communication to the 988
Lifeline and is the preferred means of communicating among certain
demographic groups, many of whom are at increased risk for mental
health crises. In this FNPRM, we propose to require that covered text
providers support georouting to ensure that the 988 Lifeline may route
covered 988 text messages to the appropriate local crisis center to
enhance the support and resources available to text users in crisis. We
also tentatively conclude that, at a minimum, Commercial Mobile Radio
Service providers must support georouting for Short Message Service
(SMS) text messages to 988. In addition, we propose that covered text
providers be subject to requirements to send georouting data to the 988
Lifeline to the same extent that they are currently required to send
covered 988 texts to the 988 Lifeline. These proposed requirements will
build on the implementation of georouting for wireless 988 voice calls
and ensure parity between texts and voice calls to 988.
Background
2. In 2021, the Commission adopted requirements for covered text
providers to route covered 988 text messages to the 988 Lifeline. The
Commission defined ``covered text provider'' as including ``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.'' The Commission's goal in the
2021 Text-to-988 Second Report and Order, 87 FR 398 (Jan. 5, 2022), was
to make text-to-988 rapidly available nationwide to improve access to
mental health resources, while balancing the need for covered text
providers to flexibly choose the most effective method of compliance.
The Commission defined ``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.'' Currently, the Commission requires covered text providers
to route covered 988 texts to the 988 Lifeline, but it does not require
covered text providers to provide any additional information about the
location of the
[[Page 91638]]
text user. Under the rules adopted in the Third Report and Order (FCC
24-111), published elsewhere in this issue of the Federal Register,
texts to 988 must be delivered to the national suicide prevention and
mental health crisis hotline system maintained by the Assistant
Secretary for Mental Health and the Secretary of Veterans Affairs. In
the Implementation of the National Suicide Hotline Act of 2018, Second
Further Notice of Proposed Rulemaking, 89 FR 46340 (May 29, 2024), we
sought comment on improving routing for 988 text messages.
3. The Commission's definition of ``988 text message'' sets the
possible scope of text formats which covered text providers may be
obligated to support for the delivery of 988. ``Covered 988 text
messages'' are a subset of 988 text messages that are in SMS format or
any other format that the Wireline Competition Bureau has determined
must be supported by covered text providers. The Commission delegated
to the Wireline Competition Bureau the authority to make future
determinations to require covered text providers to support additional
text formats in consultation with Federal partners and in consideration
of what text formats the 988 Lifeline is capable of receiving. The
Wireline Competition Bureau annually consults with the U.S. Department
of Health and Human Services' (HHS) Substance Abuse and Mental Health
Services Administration (SAMHSA) on the implementation of any new
texting formats to 988 and issues a Public Notice either announcing
that no new texting formats are required or seeking comment on
implementation parameters for covered text providers to transmit any
additional text message formats to 988. The Wireline Competition Bureau
then may, under delegated authority, release a Public Notice requiring
covered text providers to implement text-to-988 for these additional
text message formats and setting implementation dates. As part of its
annual consultation with SAMHSA, the Wireline Competition Bureau has
only applied text-to-988 requirements to the text formats that the 988
Lifeline currently supports. At present, the Wireline Competition
Bureau only requires covered text providers to route 988 text messages
in SMS format.
Applicability of Georouting Proposed Rules to 988 Covered Text
Providers
4. In this FNPRM, we propose to require that covered text providers
implement the capability to provide georouting data with covered 988
text messages to the Lifeline Administrator and provide georouting data
with covered 988 text messages to the Lifeline Administrator. We
propose that the scope of this requirement be consistent with the scope
of the existing requirement for covered text providers to deliver
covered 988 text messages to the 988 Lifeline. As with the delivery
requirement for covered 988 text messages, we also propose to limit the
application of text-to-988 georouting requirements to the text formats
that the 988 Lifeline supports. Given that the 988 Lifeline currently
only accepts SMS text messages, this proposal would require covered
text providers to implement georouting only for SMS text messages as an
initial matter. Should the 988 Lifeline begin to accept other text
formats in the future, we anticipate that there would be a similar need
for georouting data for such additional text formats. Under our
proposed approach, we would direct the Wireline Competition Bureau to
consult with SAMHSA as to whether the 988 Lifeline can accept
georouting data with any newly identified text formats as part of its
annual consultation process and to seek comment on applying georouting
requirements to any newly identified text formats in its annual Public
Notice. We also propose to delegate authority to the Wireline
Competition Bureau to require covered text providers to implement
georouting for any new text formats and to set an implementation date
that is as prompt as is reasonably practical. This flexible approach
would allow the Commission to evaluate on an ongoing basis whether to
apply georouting requirements to any new formats that the 988 Lifeline
may become capable of receiving in the future.
5. Further, we tentatively conclude that at a minimum CMRS
providers must support georouting for SMS text messages to 988. The
record indicates that requiring CMRS providers to implement georouting
for covered 988 text messages will support the 988 Lifeline's mission
and save lives. In addition, we believe it is likely that CMRS
providers originate a substantial majority of texts currently received
by the 988 Lifeline. Georouting for SMS text messages originated by
CMRS providers would represent a substantial improvement in the
percentage of covered 988 texts arriving at the 988 Lifeline with
georouting data. As discussed in the analysis of benefits and costs
section, the benefits of implementing georouting for covered 988 text
messages appear to significantly outweigh the anticipated costs to CMRS
providers. These benefits include improved support for certain
populations with an increased risk of suicide. The record also suggests
that it is technically feasible for CMRS providers to provide
georouting data with texts to 988. The ongoing use of coarse location
routing for texts to 911 strongly suggests that CMRS providers have
such location information available for routing SMS text messages to
988. In the 911 context, covered text providers are required to route
texts to 911 using coarse location (cell ID and cell sector) or other
equivalent means that allows the covered text provider to route a texts
to the appropriate PSAP.
6. We seek comment on this approach and on our tentative
conclusion. Should we instead limit the scope of the georouting rule
language to one or more specific text formats, such as SMS, or to
certain types of covered text providers, such as CMRS providers or
covered text providers that have access to cellular networks? What are
the benefits and drawbacks of each regulatory approach, and the impact
to individuals that text the 988 Lifeline?
Definitions
7. In the text-to-988 georouting rules, we propose to include
definitions of the terms ``commercial mobile radio service,''
``georouting data,'' and ``Lifeline Administrator'' that were adopted
in the Third Report and Order (FCC 24-111), published elsewhere in this
issue of the Federal Register. Additionally, we also propose to correct
the text of Sec. 52.201(b) of Commission's rules to read ``Commercial
Mobile Radio Service'' instead of ``Commercial Mobile Radio Services.''
We seek comment on our proposal. Are there any other terms that we
should define or revise as they relate to the proposed georouting rules
for covered text providers? We seek specific comment on how the
proposed definition of ``georouting data'' impacts the text-to-988
georouting rules that we propose in this FNPRM. The definition
specifically applies to ``location data generated from cell-based
location technology.'' For which covered text providers, and in which
circumstances, would georouting data so defined be available? Should we
adopt a definition of ``georouting data'' for the text-to-988
georouting rules that differs from the definition of this term for the
georouting rules for voice calls to 988?
Text-to-988 Georouting Data
8. We propose to adopt and seek comment on a two-part requirement
for covered text providers to: (1) have the capability to provide
georouting data with covered 988 text messages to the Lifeline
Administrator in a format compatible with the Lifeline's routing
[[Page 91639]]
platform, to allow routing of the covered 988 text message by the
Lifeline Administrator to the appropriate crisis center based on the
geographic area where the handset is located at the time the covered
988 text is initiated; and (2) provide georouting data, when available,
with covered 988 text messages to the Lifeline Administrator sufficient
to allow routing of the covered 988 text message by the Lifeline
Administrator to the appropriate crisis center based on the geographic
area where the handset is located at the time the covered 988 text is
initiated. Covered text providers would be required to comply with this
requirement six months from the effective date of final rules. We seek
comment on this proposal.
9. Several commenters support developing georouting capabilities
for texts to the 988 Lifeline and indicate that parity for voice and
text service to 988 is an important goal. Several commenters
specifically support a georouting requirement for texts. Although some
parties argue that a georouting solution for texts is not necessary at
this time because most texts are handled at the national rather than
local level, we note that SAMHSA is currently expanding local response
to texts to 988. To the extent that texts to 988 are routed to local
crisis centers as the result of SAMHSA's evolving service offering, we
believe those texts should be routed as accurately as voice calls in
order to provide the most responsive care to text users, and seek
comment on this belief. Washington Department of Health states that a
georouting solution for texts to 988 confers the same types of benefits
as georouting for voice calls to 988. We seek comment on such benefits,
and on any additional benefits specific to a georouting solution for
texts to 988. Commenters emphasize that text messaging to the 988
Lifeline is a preferred communication method for certain groups,
specifically young adults and LGBTQI+ individuals, as well as in
certain situations in which greater privacy is needed or when cell
reception is inadequate to complete a phone call. As a matter of
equity, the benefits of georouting communications to 988 should extend
to such groups and situations for which there is a preference or need
to contact 988 via text messaging. Are there other specific communities
or scenarios that would benefit from the implementation of georouting
data for texts to 988? For example, does georouting for texts
particularly benefit people who are deaf, deafblind, hard of hearing,
speech disabled, or have other disabilities that impact communication?
10. Several telecommunications industry commenters and one national
backup provider for 988 text and chat services urge the Commission to
refrain from adopting regulations for georouting covered text messages
to the 988 Lifeline. We specifically disagree with commenters who argue
that existing routing mechanisms are adequate for purposes of the 988
Lifeline and seek comment on this position. Even if ``the first six
digits of the phone number of people reaching out to the Crisis Text
Line are accurate to their state location approximately 86% of the
time,'' as reported by the Crisis Text Line, georouting texts to 988
based on cell location will ensure that an increased portion of users
are quickly connected with local life-saving resources. We also believe
that the benefits of georouting texts are not limited to instances in
which the contact requires an emergency services intervention, as
suggested by the Crisis Text Line. Instead, we consider that, as with
voice, the benefits of georouting for text will extend to all text
users connected to a local crisis center because such centers will be
more familiar with the local area's resources, as well as possibly
being more familiar with cultural issues or community stressors in the
text user's area. While there are alternatives to automated georouting
that can connect text users with local resources, the Commission
remains committed to making it easier for those in crisis to get help.
We seek comment on our analysis and this approach.
11. The capability to provide georouting data. We seek comment on
our proposed rule that covered text providers must have the capability
to provide georouting data with covered 988 text messages to the
Lifeline Administrator in a format compatible with the Lifeline's
routing platform. In particular, we seek comment on potential
georouting solutions for texts to the 988 Lifeline and on any progress
to identify and implement a georouting solution for texts to 988 and
the steps to complete implementation. We propose this requirement in
two parts, with a separate requirement for covered text providers to
obtain the capability to provide georouting data, in order to ensure
that covered text providers deploy this life-saving technology on their
networks by the proposed deadline, regardless of the 988 traffic that a
covered text provider has historically originated. Is a separate
requirement for covered text providers to obtain the capability to
provide georouting data needed, or should the only georouting
requirement for covered text providers be the requirement to provide
georouting data to the 988 Lifeline?
12. Commenters indicate that some progress has been made, including
by CMRS providers, to identify a georouting solution for covered 988
texts, particularly for SMS. We are interested in hearing from CMRS
providers and other involved parties on the details of such solutions
and progress. We also seek information on any parties beyond the CMRS
providers, other covered text providers, and the Lifeline Administrator
and/or its vendors that would need to participate in a solution for
georouting SMS texts that are currently sent to 988. For example,
Intrado Life & Safety states that georouting to the 988 Lifeline is
``easily achievable . . . by applying the current routing
infrastructure for text-to-911 and changing to support the digits `988'
in the Text Control Centers that Intrado Life & Safety and Comtech
maintain for text-to-911.'' We seek comment on the viability of this
and any other solutions for providing georouting data to the 988
Lifeline with SMS texts, and the work that still needs to be done to
timely deploy a solution on wireless networks. Consistent with our
findings in the Third Report and Order, (FCC 24-111), published
elsewhere in the Federal Register, at this time we do not seek comment
on georouting solutions for 988 covered texts that would bypass the
initial direct and centralized routing system of the 988 Lifeline. In
what ways are any proposed solutions for providing georouting data with
covered 988 texts similar to or different from the solutions proposed
for providing georouting data with wireless calls to 988? Can the work
done by CMRS providers either to implement georouting for 988 voice
calls or to deploy text-to-911 be leveraged for text-to-988? Are such
solutions cost-effective and technologically feasible for both
nationwide and non-nationwide CMRS providers and any other impacted
covered text providers? What is the time frame for a pilot or testing
any solutions, and what would be the anticipated time frame for moving
from testing to operational deployment? We also seek data, documents,
and other information that provide details about the current status of
any proposed georouting solutions for covered 988 texts.
13. In addition, we seek comment on what technical challenges may
arise in providing georouting data with covered 988 text messages, and
specifically what challenges would arise for CMRS providers and any
other impacted covered text providers that originate
[[Page 91640]]
SMS text messages to provide georouting data with SMS text messages to
988. Commenters disagree on the difficulty of implementing a georouting
solution for texts to 988. Some commenters allude to technical
challenges but fail to provide specific details as to the nature and
scope of such challenges. We seek additional insights or comments on
any such challenges.
14. We disagree with arguments that the Commission should not adopt
georouting requirements for SMS text messages to 988 based on the same
reasoning underlying our decision to defer consideration of 911
location-based routing requirements for SMS, namely, the absence of
supporting standards and that not all local centers can receive texts.
While we did consider such factors in the Location-Based Routing Order,
89 FR 18488 (Mar. 13, 2024), the record in that proceeding also
indicated that implementing location-based routing for texts to 911
would require extensive retrofitting of legacy SMS networks. No similar
record exists in this proceeding, and indeed, Intrado Life & Safety
argues that implementing georouting for text-to-988 could be as simple
as changes ``to support the digits `988' in the Text Control Centers
that Intrado Life & Safety and Comtech maintain for text-to-911'' with
no other provider-required changes for implementation. A Text Control
Center (TCC) is a controlling functional element specified in a
relevant standard for text-to-911. The TCC has the responsibility to
``(1) convert various protocols and act as a gateway; (2) request
location that may be used for routing; (3) request routing
instructions; and (4) initiate a dialogue with the PSAP through the
appropriate interworking function of the TCC. When the TCC receives an
initial text message, it obtains location from the [location server].
It then uses that location to obtain routing instructions from the
[routing server]. Then, the TCC converts the text message to an
appropriate protocol and initiates a dialogue with the [Public Safety
Answering Point] (via the emergency services network) through the
appropriate interworking function of the TCC.'' Even if there are no
existing standards for the interface to transmit location information
between the Short Message Service Center (SMSC) and the TCC for texts
to 988, the TCC is likely able to retrieve the location of the text to
988 from the CMRS provider's Gateway Mobile Location Center (GMLC)
using existing practices for texts to 911. A SMSC is a network element
of a Commercial Mobile Service Provider network which distributes SMS
messages. A GMLC is the point of interface between the GSM wireless
network and the Emergency Services Network. The GMLC retrieves,
forwards, stores and controls position data associated with wireless
callers. We seek comment on this analysis. Further, 911 location-based
routing and georouting for 988 use different granularity of data and
different entities perform the routing function. 911 location-based
routing uses precise data on the location of the device to route 911
calls to the appropriate destination, whereas georouting for 988 can be
accomplished with less granular information, such as the Federal
Information Processing Series (FIPS) code or wire center. For 911 calls
and texts, covered text providers determine the destination for routing
based on available location information; for 988 calls and texts, it
remains the purview of the 988 Lifeline and its administrator to route
988 calls and texts based on location data provided by the provider.
CTIA's argument that we should not extend georouting requirements to
covered 988 text messages based on our actions in the 911 location-
based routing proceeding are unpersuasive due to these technical
differences between these routing methodologies and differences in the
record thus far received. We seek comment on this analysis.
15. Providing georouting data. We seek comment on our proposed
requirement for covered text providers to provide georouting data, when
available, with covered 988 text messages to the Lifeline Administrator
sufficient to allow routing of the covered 988 text message by the
Lifeline Administrator to the appropriate crisis center based on the
geographic area where the handset is located at the time the covered
988 text is initiated. As with voice calls, SAMHSA, the agency with
oversight of the 988 Lifeline Administrator, must ultimately determine
the routing data that it will deem acceptable and that it will require
the 988 Lifeline to configure its systems to read. What georouting data
should covered text providers be required to provide with covered 988
texts? Would georouting data for covered 988 texts differ from the data
required for georouting voice calls to 988? In our proposed rule, we
require that covered text providers provide georouting data with
covered 988 texts ``when available.'' Is such a limitation necessary?
Would it be preferable to require covered text providers to provide
georouting data with texts to 988 ``when technically feasible''? Given
that the Commission currently only requires covered text providers to
send SMS text messages to the 988 Lifeline, are there any situations in
which georouting data for SMS texts would not be available, and if so,
what are such situations? Are there situations in which CMRS providers
in particular do not have access to geolocation data for SMS text
messages to the 988 Lifeline, and how frequently do such situations
occur? Are there certain types of covered text providers that originate
SMS texts for which it is technologically infeasible to obtain
georouting data, and if so, what are those types of providers? We
invite commenters to provide additional data in the record on the
number and/or percentage of covered 988 texts originated by CMRS
providers and other covered text providers. Do covered text providers
besides CMRS providers have access to geolocation data, defined in this
proceeding as ``cell-based''? Do they have access to other kinds of
location data? If so, how is that location data generated and with what
level of resolution?
16. What steps do the Lifeline Administrator and/or its vendors
need to take to be ready to receive georouting data for texts? What
specific functions would the Lifeline Administrator and/or its service
providers need to perform to successfully route texts to geographically
appropriate crisis centers, once received by the 988 Lifeline's
centralized routing platform? How many crisis centers can currently
accept texts to 988, and are there plans to expand availability of
local text resources? How would the 988 Lifeline determine the
availability of a local crisis center to accept texts? Would texts to
988 route to a backup crisis center if no local crisis center was
available? As the availability of text capabilities at local crisis
centers grows, will routing requirements change, and how would the
Lifeline Administrator update its routing?
17. Currently, individuals can text ``pride'' to 988 to be directly
connected to an LGBTQI+ trained counselor or ``ayuda'' to connect with
a Spanish-speaking counselor, and veterans and service members who text
988 will be redirected to text 838255 to reach the Veterans Crisis
Line. We seek comment on whether any georouting solutions for texts to
988 that are under development contemplate routing for such texts, and
whether georouting solutions are needed when a text-to-988 user selects
a specialized service.
18. Implementation time frame. We propose that covered text
providers comply with the proposed text-to-988
[[Page 91641]]
georouting requirements by a uniform implementation deadline of six
months from the effective date of final rules. We seek comment on this
approach. A six-month time frame is consistent with the Commission's
requirement in the 911 context that covered text providers route texts
to 911 to the appropriate PSAP within six months. We believe that
enabling georouting for texts to 988 should occur swiftly in order to
provide improved service to text-to-988 users, and that rapid
implementation will minimize confusion for both providers and
individuals texting 988. Is six months an adequate amount of time for
covered text providers to comply with the proposed requirements? If
not, why? Should we adopt different compliance time frames for
different kinds of covered text providers, such as nationwide or non-
nationwide CMRS providers, or other interconnected text providers, as
INCOMPAS suggests? We note that the Commission has previously provided
uniform timelines for texting requirements across covered text
providers and has declined to provide different timelines for different
kinds of covered text providers. Is the situation different with
georouting such that we should consider a different timeframe?
19. We ask that commenters identify any work to comply with the
proposed requirements and the estimated time to complete that work.
Further, we ask that commenters identify any technical, financial,
operational, legal, or other factors that may influence the time frame
for delivering georouting data with all covered 988 text messages. At
this time, the Commission only requires covered text providers to
transmit SMS text messages to 988. If the Commission determines that
covered text providers must support formats besides SMS, when should
covered text providers be required to come into compliance with
georouting requirements for new covered 988 text message formats? When
do the Lifeline Administrator and/or its vendors anticipate that it
could receive and begin using georouting data? Should we make
compliance with the proposed requirements conditional on the ability of
the Lifeline Administrator and/or its vendors to receive and use
georouting data? Should we make the georouting requirements for covered
988 text messages effective six months after the Lifeline Administrator
indicates that it can receive and use georouting data with text
messages? Alternatively, should we make compliance conditional on the
development of resources at the local level to respond to texts to 988?
Legal Authority
20. We tentatively conclude that the Commission has authority under
Title III of the Act and the 21st Century Communications and Video
Accessibility Act of 2010 (CVAA) to adopt rules requiring covered text
providers to deliver georouting data with covered 988 text messages,
and we seek comment on this tentative conclusion. As discussed in the
Text-to-988 Second Report and Order, 87 FR 398 (Jan. 5, 2022), Title
III of the Act provides us a broad mandate to manage spectrum usage in
the public interest. We believe Title III of the Act provides us
sufficient authority to require CMRS providers to implement georouting
for text-to-988 given the scope of the benefits we estimate will accrue
as the result of these proposed rules. The CVAA grants 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.'' The
Commission has previously concluded that the 988 Lifeline constitutes
an emergency network and that text-to-988 service provides access to
emergency services for people with disabilities, including those with
hearing and speech disabilities. As a result, we believe the CVAA
provides us authority to require interconnected text providers to
implement georouting for text-to-988 service because such steps improve
access for people with disabilities to the 988 network. We seek comment
on our analysis and tentative conclusion.
Benefits and Costs of 988 Georouting for Texts to 988
21. In the Third Report and Order (FCC 24-111), published elsewhere
in the Federal Register, we estimated benefits of $120 million from
georouting wireless calls to the 988 Lifeline. We expect that layering
on the capability to georoute texts to 988 and the data requirements
entailed will add some incremental costs. We estimate five-year, text-
to-988 georouting benefits of nearly $17 million. Wireless carriers
have offered no specific, credible estimates of implementation costs.
We seek comment on this analysis and encourage commenters to submit
more granular data on costs and benefits.
Benefits
22. Reduced Suicide Mortality. Suicide elicits shock, anguish,
grief, and guilt among survivors. Imitators often follow suit, creating
clusters that compound communities' suffering. While we lack the tools
to quantify and monetize this burden on communities, we can acknowledge
its vastness. Similarly, we cannot measure the full benefit of suicide
prevention. We can, however, estimate what communities might be willing
to pay to prevent suicide, more formally the value of reduced mortality
risk (VRMR). We tentatively conclude that the VRMR for the ability to
send texts to 988 is large and seek comment on this tentative
conclusion and analysis.
23. In estimating the benefits for implementing georouting for
covered texts to 988, we focus on the benefits that specifically would
accrue to youth and young adults that have been exposed to text-to-988
misroutes. We seek comment on this approach. The record in this
proceeding indicates that young Americans, who are disproportionately
at risk for mental health crises, prefer communicating by text rather
than calls. Studies tell us that children, on average, get their first
cellphones by 11.6 years of age. By the age of 13, 95% percent of
teenagers have access to a smartphone, and 97% of teens 15-17 years old
own a smartphone. The American Foundation for Suicide Prevention cites
a 2022 study's finding that ``over three-quarters of the texts to the
Crisis Text Line in one twelve-month period were initiated by
individuals under the age of 25.'' More precisely, 76% of 988 texts are
generated by youth and young adults 24 and younger. Because 988 texts
are routed using cellphone numbers, like voice calls to 988, some
fraction of texts to 988 are bound to be misrouted. Heavy reliance on
texting renders youth the demographic group most vulnerable to 988 text
misrouting. The fraction of youth and young adults at risk is large.
The Crisis Text Line's comments tell us that ``[c]urrently, texts to
988 are routed utilizing cell phone area codes'' and ``the first six
digits of the phone number of people reaching out to Crisis Text Line
are accurate to their state location approximately 86% of the time.''
From that statistic, we infer that the remaining 14% of texts routed by
the first six digits of the originating device are inaccurate to their
state location, or geographically mismatched. In 2022, there were
nearly 72.5 million youth and young adults 17 and under, of whom 791
committed suicide after that year's July 16 launch of 988. Whether we
allocate by number of months (i.e., 6/12 = 0.5) or by total suicides
for July-December (i.e., 24,742/49,746 = 0.500008085), half of any age
cohort's suicides can be attributed to July-December 2022. We do not
know what fraction of youth outreach to 988
[[Page 91642]]
would be by text; conservatively, we assume one half. This implies
about 55.4 (= 791 * 14%/2) young persons would have been exposed to
text-to-988 misroutes. We seek comment on this analysis and encourage
commenters to submit additional data on the benefits to implementing
georouting for texts to 988.
24. Georouting texts could have reduced suicide mortality. The
Crisis Text Line points out that ``approximately less than 3% of all
988 contacts resulting (sic) in an emergency services intervention
requiring local support,'' meaning emergency intervention could have
benefited at minimum about 1.66 (= 3% * 791 * 14%/2) youth suicide
victims annually whose dispatch might be subject to delays due to
misrouting. The comment record suggests that misrouting causes
customized, local crisis-intervention services to arrive late or not at
all, delaying effective interventions. We examine the consequences for
suicide mortality of a minimal, one-minute delay in the effectiveness
of texts to 988. Commission staff have previously estimated that a one-
minute reduction in emergency response time can reduce mortality by
17%. A 17% reduction in the total number of deaths attributable to
suicide among youth 17 and under with possible geographic mismatch
would amount to about 0.28 (= 17% * 3% * 791 * 14%/2) fewer annual
death due to suicide, a mortality-reduction risk for which Americans
would collectively be willing to pay $3.5 (= 0.28 * $12.5) million
annually. The present value of a five-year stream of such payments is
$16.5 million. We use a VRMR of $12.5 million. The present value of
five equal annual payments using OMB Circular A-4's discount rate of 2%
is ~$16,500,000. We seek comment on this analysis and additional data
we should consider.
25. Other Benefits and Possible Benefits Underestimation. We
suspect that our tally underestimates the benefits of georouting texts
to 988 for several other reasons and seek comment on our analysis
herein. First, along with suicide reduction, it is expected that text-
to-988 georouting will reduce suicide attempts and their accompanying
medical, lost-work, and lost-quality-of-life costs. We have not
estimated these benefits but seek comment on their validity and impact.
Second, our reliance on the Crisis Text Line's assertion that the first
six digits of the phone number are accurate to the user's state
location approximately 86% of the time is likely an overestimation of
the accuracy rate of texts reaching the appropriate 988 crisis center.
We consider, in particular, that in large, populous states such as
California, Florida, New York, and Texas--the four states that are
collectively home to more than one-third of U.S. population--there are
vast economic, cultural, and language differences within their borders
that could hinder effective suicide intervention if the text is not
routed to the 988 crisis center serving the location of the text user.
Even though we rely on the Crisis Text Line's estimation, our analysis
likely overstates the percentage of texts that are currently routed to
the appropriate 988 crisis center. As a result, the benefits of our
proposed intervention are likely underestimated. We seek comment on
this assumption and our rationale.
26. Another reason our tally may underestimate the benefits of
georouting texts to 988 is that youths 17 and under are the age cohort
losing the greatest number of productive years of life to suicide. In
2022 alone, the 1,582 suicides among youth 17 and under cost the U.S.
78,866 potential years of life before age 65, the typical retirement
age. Our age-agnostic valuation of reduced mortality may not fully
capture this loss. In addition, 24% of texts to 988 are generated by
adults; therefore, by excluding adults we overlook the prevention a
sizable fraction of the 47,891 suicides among those 18 and older, for
whom we proffer no estimated benefits of mortality reduction. Further,
we do include morbidity and property costs associated with unsuccessful
suicide attempts. Finally, we have not reckoned at all with the vast,
unquantifiable benefits of sparing victims' families, friends, and
communities the emotional devastation of losing children to suicide. We
seek comment on the magnitude of any benefits that we may have
overlooked or underestimated. More generally, we seek comment on our
benefits estimates and the methodology underlying them. In particular,
we seek comment on the assumptions used to identify and estimate the
number of text-to-988 misroutes among youth 17 and under. We seek
comment on the number of 988 misroutes occurring among adults 18 and
older. We also seek comment on the extent of text-to-988 misroutes that
may be occurring among LGBTQI+ individuals, racial and ethnic
minorities, veterans, and other communities at disproportionately
greater risk of suicide.
Costs
27. AT&T, the Crisis Text Line, and CTIA warn of significant text-
to-988 implementation challenges, both on the processing and receiving
ends of 988 texts, and urge the Commission to either delay or
altogether refrain from requiring text-to-988 capability. INCOMPAS
advocates a four-year text-to-988 implementation timeline for non-
nationwide wireless providers. According to Intrado Life & Safety, on
the other hand, ``developing a text-to-988 solution for both the
current 988 Lifeline network and state ESInets tells us the problem is
easily addressable from a technical standpoint. Implementing text-to-
988 is easily achievable through either the current 988 Lifeline or to
a state's ESInet by applying the current routing infrastructure for
text-to-911 and changing to support the digits `988' in the Text
Control Centers that Intrado Life & Safety and Comtech maintain for
text-to-911.'' Intrado Life & Safety continues, ``[p]roviders should
not require any other changes for implementation. The only credible
barrier to text-to-988 is that the 988 Lifeline network is likely not
currently capable of georouting text-to-988 calls, but this potential
barrier disappears if providers leverage the states' existing NG911
infrastructure.'' Given competing claims regarding implementation
costs, we seek comment on credible, specific estimates of
implementation costs and how such costs may vary by type or size of
provider, network technology, or along any other relevant dimension.
What are the key costs of setting up geolocation for covered 988 texts?
What are the costs for covered text providers to have the capability to
provide georouting data with covered 988 text messages? What are the
costs for covered text providers to provide georouting data with
covered 988 text messages, when available, to the 988 Lifeline? What
aspects of implementation of georouting for 988 voice calls will
transfer to geolocation for covered 988 texts at minimal additional
cost? We seek comment on the cost to providers of directly implementing
our proposed requirements, or alternatively of purchasing the required
services from a third-party. What costs are associated with Text
Control Centers, if such a solution is chosen by covered text
providers? We also seek detailed descriptions of the technical barriers
to implementing georouting for text-to-988 and specific, itemized
estimates of the costs of overcoming those barriers, if possible. We
seek detailed descriptions of the nature and costs of any proposed
technically feasible solutions to implement text-to-988 and their
accompanying timelines.
[[Page 91643]]
Other Efforts To Promote Digital Equity and Inclusion
28. Digital Equity. The Commission, as part of its continuing
effort to advance digital equity for all, including people of color,
persons with disabilities, persons who live in rural or Tribal areas,
and others who have been historically underserved, marginalized, and
adversely affected by persistent poverty and inequality, invites
comments on any equity-related considerations and benefits (if any)
that may be associated with the proposals and issues discussed herein.
Specifically, we seek comment on how our proposals may promote or
inhibit advances in diversity, equity, inclusion, and accessibility, as
well as the scope of the Commission's relevant legal authority.
Initial Regulatory Flexibility Analysis
29. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on small entities by the policies and rules proposed in the
Implementation of the National Suicide Hotline Improvement Act of 2018,
Third Further Notice of Proposed Rulemaking (FNPRM). Written public
comments are requested on the IRFA. Comments must be identified as
responses to the IRFA and must be filed by the deadlines for comments
in the FNPRM. The Commission will send a copy of the FNPRM, including
the IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA). In addition, the FNPRM and IRFA (or summaries
thereof) will be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
30. In the FNPRM, we propose to require 988 covered text providers
to support georouting in order to ensure that the 988 Lifeline may
route covered 988 text messages to the appropriate local crisis center
and enhance the support and resources available to text users in
crisis. Currently, covered 988 text messages are routed to local crisis
centers using information conveyed by the number assigned to the
device, such as the area code, which in many cases will not reflect the
current location of the device user. Mental health and crisis
counseling experts have opined that connecting callers in crisis with
local crisis centers is important to connect life-saving services to
those in need of public health and safety resources and enable them to
speak with local counselors who may be more familiar with cultural
issues or community stressors in the caller's area. To better connect
988 text users with local crisis resources, we propose to adopt and
seek comment on a two-part requirement for covered text providers to:
(1) have the capability to provide georouting data with covered 988
text messages to the Lifeline Administrator; and (2) provide georouting
data, when available, with covered 988 text messages to the Lifeline
Administrator. Covered text providers would be required to comply with
this requirement six months from the effective date of final rules.
Legal Basis
31. The proposed action is authorized under Sec. Sec. 1, 2, 4,
201, 218, 251(e), 301, 303, 307, 309(a), 316, 332, and 615c of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154, 201,
218, 251(e), 301, 303, 307, 309(a), 316, 332, and 615c.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
32. 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 proposed rules and by the rule revisions on which the
Notice seeks comment, if adopted. 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.
33. 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, 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 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 33.2
million businesses.
34. 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 2022, there were
approximately 530,109 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.
35. 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 2022 Census of Governments indicate there were
90,837 local governmental jurisdictions consisting of general purpose
governments and special purpose governments in the United States. Of
this number, there were 36,845 general purpose governments (county,
municipal, and town or township) with populations of less than 50,000
and 11,879 special purpose governments (independent school districts)
with enrollment populations of less than 50,000. Accordingly, based on
the 2022 U.S. Census of Governments data, we estimate that at least
48,724 entities fall into the category of ``small governmental
jurisdictions.''
36. 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 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.
Wired Telecommunications Carriers are also referred to as wireline
carriers or fixed local service providers.
[[Page 91644]]
37. The SBA small business size standard for Wired
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small. U.S. Census Bureau data for 2017 show that there
were 3,054 firms that operated in this industry for the entire year. Of
this number, 2,964 firms operated with fewer than 250 employees.
Additionally, based on Commission data in the 2022 Universal Service
Monitoring Report, as of December 31, 2021, there were 4,590 providers
that reported they were engaged in the provision of fixed local
services. Of these providers, the Commission estimates that 4,146
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
38. Local Exchange Carriers (LECs). Neither the Commission nor the
SBA has developed a size standard for small businesses specifically
applicable to local exchange services. Providers of these services
include both incumbent and competitive local exchange service
providers. Wired Telecommunications Carriers is the closest industry
with an SBA small business size standard. Wired Telecommunications
Carriers are also referred to as wireline carriers or fixed local
service providers. The SBA small business size standard for Wired
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small. U.S. Census Bureau data for 2017 show that there
were 3,054 firms that operated in this industry for the entire year. Of
this number, 2,964 firms operated with fewer than 250 employees.
Additionally, based on Commission data in the 2022 Universal Service
Monitoring Report, as of December 31, 2021, there were 4,590 providers
that reported they were fixed local exchange service providers. Of
these providers, the Commission estimates that 4,146 providers have
1,500 or fewer employees. Consequently, using the SBA's small business
size standard, most of these providers can be considered small
entities.
39. Incumbent Local Exchange Carriers (Incumbent LECs). Neither the
Commission nor the SBA have developed a small business size standard
specifically for incumbent local exchange carriers. Wired
Telecommunications Carriers is the closest industry with an SBA small
business size standard. The SBA small business size standard for Wired
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small. U.S. Census Bureau data for 2017 show that there
were 3,054 firms in this industry that operated for the entire year. Of
this number, 2,964 firms operated with fewer than 250 employees.
Additionally, based on Commission data in the 2022 Universal Service
Monitoring Report, as of December 31, 2021, there were 1,212 providers
that reported they were incumbent local exchange service providers. Of
these providers, the Commission estimates that 916 providers have 1,500
or fewer employees. Consequently, using the SBA's small business size
standard, the Commission estimates that the majority of incumbent local
exchange carriers can be considered small entities.
40. Competitive Local Exchange Carriers (CLECs). Neither the
Commission nor the SBA has developed a size standard for small
businesses specifically applicable to local exchange services.
Providers of these services include several types of competitive local
exchange service providers. Wired Telecommunications Carriers is the
closest industry with a SBA small business size standard. The SBA small
business size standard for Wired Telecommunications Carriers classifies
firms having 1,500 or fewer employees as small. U.S. Census Bureau data
for 2017 show that there were 3,054 firms that operated in this
industry for the entire year. Of this number, 2,964 firms operated with
fewer than 250 employees. Additionally, based on Commission data in the
2022 Universal Service Monitoring Report, as of December 31, 2021,
there were 3,378 providers that reported they were competitive local
service providers. Of these providers, the Commission estimates that
3,230 providers have 1,500 or fewer employees. Consequently, using the
SBA's small business size standard, most of these providers can be
considered small entities.
41. Interexchange Carriers (IXCs). Neither the Commission nor the
SBA have developed a small business size standard specifically for
Interexchange Carriers. Wired Telecommunications Carriers is the
closest industry with a SBA small business size standard. The SBA small
business size standard for Wired Telecommunications Carriers classifies
firms having 1,500 or fewer employees as small. U.S. Census Bureau data
for 2017 show that there were 3,054 firms that operated in this
industry for the entire year. Of this number, 2,964 firms operated with
fewer than 250 employees. Additionally, based on Commission data in the
2022 Universal Service Monitoring Report, as of December 31, 2021,
there were 127 providers that reported they were engaged in the
provision of interexchange services. Of these providers, the Commission
estimates that 109 providers have 1,500 or fewer employees.
Consequently, using the SBA's small business size standard, the
Commission estimates that the majority of providers in this industry
can be considered small entities.
42. Local Resellers. Neither the Commission nor the SBA have
developed a small business size standard specifically for Local
Resellers. Telecommunications Resellers is the closest industry with a
SBA small business size standard. 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. The SBA small business size standard for
Telecommunications Resellers classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
1,386 firms in this industry provided resale services for the entire
year. Of that number, 1,375 firms operated with fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 207
providers that reported they were engaged in the provision of local
resale services. Of these providers, the Commission estimates that 202
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
43. Toll Resellers. Neither the Commission nor the SBA have
developed a small business size standard specifically for Toll
Resellers. Telecommunications Resellers is the closest industry with a
SBA small business size standard. 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
[[Page 91645]]
infrastructure. Mobile virtual network operators (MVNOs) are included
in this industry. The SBA small business size standard for
Telecommunications Resellers classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
1,386 firms in this industry provided resale services for the entire
year. Of that number, 1,375 firms operated with fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 457
providers that reported they were engaged in the provision of toll
services. Of these providers, the Commission estimates that 438
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
44. 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. Wired Telecommunications Carriers is the closest
industry with a SBA small business size standard. The SBA small
business size standard for Wired Telecommunications Carriers classifies
firms having 1,500 or fewer employees as small. U.S. Census Bureau data
for 2017 show that there were 3,054 firms in this industry that
operated for the entire year. Of this number, 2,964 firms operated with
fewer than 250 employees. Additionally, based on Commission data in the
2022 Universal Service Monitoring Report, as of December 31, 2021,
there were 90 providers that reported they were engaged in the
provision of other toll services. Of these providers, the Commission
estimates that 87 providers have 1,500 or fewer employees.
Consequently, using the SBA's small business size standard, most of
these providers can be considered small entities.
45. Prepaid Calling Card Providers. Neither the Commission nor the
SBA has developed a small business size standard specifically for
prepaid calling card providers. Telecommunications Resellers is the
closest industry with a SBA small business size standard. 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. The
SBA small business size standard for Telecommunications Resellers
classifies a business as small if it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that 1,386 firms in this industry
provided resale services for the entire year. Of that number, 1,375
firms operated with fewer than 250 employees. Additionally, based on
Commission data in the 2022 Universal Service Monitoring Report, as of
December 31, 2021, there were 62 providers that reported they were
engaged in the provision of prepaid card services. Of these providers,
the Commission estimates that 61 providers have 1,500 or fewer
employees. Consequently, using the SBA's small business size standard,
most of these providers can be considered small entities.
46. 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
SBA size standard for this industry classifies a business as small if
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 594
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 511
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
47. 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 small business size standard for this industry
classifies firms with annual receipts less than $47 million as small.
Based on U.S. Census Bureau data for 2017, 378 firms operated in this
industry during that year. Of that number, 149 firms operated with
revenue of less than $25 million a year and 44 firms operated with
revenue of $25 million or more. Based on this data, the Commission
estimates that a majority of firms in this industry are small.
48. Cable Companies and Systems (Rate Regulation). The Commission
has developed its own small business size standard 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. Based
on industry data, there are about 420 cable companies in the U.S. Of
these, only seven have more than 400,000 subscribers. In addition,
under the Commission's rules, a ``small system'' is a cable system
serving 15,000 or fewer subscribers. Based on industry data, there are
about 4,139 cable systems (headends) in the U.S. Of these, about 639
have more than 15,000 subscribers. Accordingly, the Commission
estimates that the majority of cable companies and cable systems are
small.
49. Cable System Operators (Telecom Act Standard). The
Communications Act of 1934, as amended, contains a size standard for a
``small cable operator,'' 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.'' For purposes of the Telecom Act Standard, the
Commission determined that a cable system operator that serves fewer
than 498,000 subscribers, either directly or through affiliates, will
meet the definition of a small cable operator. Based on industry data,
only six cable system operators have more than 498,000 subscribers.
Accordingly, the Commission estimates that the majority of cable system
operators are small under this size standard. We note however, that the
Commission neither requests nor collects information on whether cable
system operators are affiliated with entities whose gross annual
revenues exceed $250 million.
[[Page 91646]]
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.
50. All Other Telecommunications. This industry 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. Providers of
internet services (e.g. dial-up ISPs) or Voice over internet Protocol
(VoIP) services, via client-supplied telecommunications connections are
also included in this industry. The SBA small business size standard
for this industry classifies firms with annual receipts of $40 million
or less as small. U.S. Census Bureau data for 2017 show that there were
1,079 firms in this industry that operated for the entire year. Of
those firms, 1,039 had revenue of less than $25 million. Based on this
data, the Commission estimates that the majority of ``All Other
Telecommunications'' firms can be considered small.
51. 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, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment. The SBA small business size standard for this
industry classifies businesses having 1,250 employees or less as small.
U.S. Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire year. Of this number, 624 firms
had fewer than 250 employees. Thus, under the SBA size standard, the
majority of firms in this industry can be considered small.
52. 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 small business size standard for this
industry classifies entities having 1,250 or fewer employees as small.
U.S. Census Bureau data for 2017 show that there were 729 firms in this
industry that operated for the entire year. Of this total, 673 firms
operated with fewer than 250 employees. Thus under the SBA size
standard, the majority of firms in this industry can be considered
small.
53. 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 small
business size standard for this industry classifies businesses having
annual receipts of $47 million or less as small. U.S. Census Bureau
data for 2017 indicate that 7,842 firms in this industry operated for
the entire year. Of this number 7,226 firms had revenue of less than
$25 million. Based on this data, we conclude that a majority of firms
in this industry are small.
54. Internet Service Providers (Non-Broadband). Internet access
service providers using client-supplied telecommunications connections
(e.g., dial-up ISPs) as well as VoIP service providers using client-
supplied telecommunications connections fall in the industry
classification of All Other Telecommunications. The SBA small business
size standard for this industry classifies firms with annual receipts
of $40 million or less as small. For this industry, U.S. Census Bureau
data for 2017 show that there were 1,079 firms in this industry that
operated for the entire year. Of those firms, 1,039 had revenue of less
than $25 million. Consequently, under the SBA size standard a majority
of firms in this industry can be considered small.
55. Wired Broadband Internet Access Service Providers (Wired ISPs).
Providers of wired broadband internet access service include various
types of providers except dial-up internet access providers. Wireline
service that terminates at an end user location or mobile device and
enables the end user to receive information from and/or send
information to the internet at information transfer rates exceeding 200
kilobits per second (kbps) in at least one direction is classified as a
broadband connection under the Commission's rules. Wired broadband
internet services fall in the Wired Telecommunications Carriers
industry. The SBA small business size standard for this industry
classifies firms having 1,500 or fewer employees as small. U.S. Census
Bureau data for 2017 show that there were 3,054 firms that operated in
this industry for the entire year. Of this number, 2,964 firms operated
with fewer than 250 employees.
56. Additionally, according to Commission data on internet access
services as of June 30, 2019, nationwide there were approximately 2,747
providers of connections over 200 kbps in at least one direction using
various wireline technologies. The Commission does not collect data on
the number of employees for providers of these services, therefore, at
this time we are not able to estimate the number of providers that
would qualify as small under the SBA's small business size standard.
However, in light of the general data on fixed technology service
providers in the Commission's 2022 Communications Marketplace Report,
we believe that the majority of wireline internet access service
providers can be considered small entities.
57. Wireless Broadband Internet Access Service Providers (Wireless
ISPs or WISPs). Providers of wireless broadband internet access service
include fixed and mobile wireless providers. The Commission defines a
WISP as ``[a] company that provides end-users with wireless access to
the internet[.]'' Wireless service that terminates at an end user
location or mobile device and enables the end user to receive
information from and/or send information to the internet at information
transfer rates exceeding 200 kilobits per second (kbps) in at least one
direction is classified as a broadband connection under the
Commission's rules. Neither the SBA nor the Commission have developed a
size standard specifically applicable to Wireless Broadband internet
Access Service Providers. The closest applicable industry with an SBA
small business size standard is Wireless Telecommunications Carriers
(except Satellite). The SBA size standard for this industry classifies
a business as small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2017 show that there were 2,893 firms in this industry
that operated for the entire year. Of that number, 2,837 firms employed
fewer than 250 employees.
58. Additionally, according to Commission data on internet access
services as of June 30, 2019, nationwide
[[Page 91647]]
there were approximately 1,237 fixed wireless and 70 mobile wireless
providers of connections over 200 kbps in at least one direction. The
Commission does not collect data on the number of employees for
providers of these services, therefore, at this time we are not able to
estimate the number of providers that would qualify as small under the
SBA's small business size standard. However, based on data in the
Commission's 2022 Communications Marketplace Report on the small number
of large mobile wireless nationwide and regional facilities-based
providers, the dozens of small regional facilities-based providers and
the number of wireless mobile virtual network providers in general, as
well as on terrestrial fixed wireless broadband providers in general,
we believe that the majority of wireless internet access service
providers can be considered small entities.
59. All Other Information Services. This industry comprises
establishments primarily engaged in providing other information
services (except news syndicates, libraries, archives, internet
publishing and broadcasting, and Web search portals). The SBA small
business size standard for this industry classifies firms with annual
receipts of $47 million or less as small. U.S. Census Bureau data for
2017 show that there were 704 firms in this industry that operated for
the entire year. Of those firms, 556 had revenue of less than $25
million. Consequently, we estimate that the majority of firms in this
industry are small entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
60. The FNPRM proposes and seeks comment on implementing new
georouting rules for covered 988 text messages, that if adopted, may
impose new or modified compliance obligations on small entities. In
particular, we propose to require covered text providers to have the
capability to provide and to actually provide georouting data to the
988 Lifeline with covered texts, when such information is available. We
also propose that covered text providers be subject to georouting
requirements to the same extent that they are currently required to
send covered 988 texts to the 988 Lifeline. Covered text providers
would be required to comply with this requirement six months from the
effective date of final rules. In addition, we tentatively conclude
that, at a minimum, Commercial Mobile Radio Service (CMRS) providers
must support georouting for Short Message Service (SMS) text formats to
the Lifeline.
61. The record in the FNPRM indicates small providers may face
various barriers to compliance, however it does not currently contain
detailed information on the costs for covered text providers to
implement georouting for covered 988 text messages. Therefore, at this
time, the Commission is not in a position to determine whether
implementation of georouting for covered 988 text messages would result
in significant costs for covered text providers. To help the Commission
more fully evaluate the cost of compliance, we seek additional detailed
information on various cost issues implicated by our proposed rules.
Specifically, we have requested information on technological challenges
and the costs for covered text providers to implement georouting for
covered 988 text messages. We expect the information that we receive in
response to our requested cost inquiries will help the Commission
identify and evaluate compliance costs and burdens for small entities
that may result from the proposals and inquiries we make in the FNPRM
to implement georouting for covered 988 text messages.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
62. The RFA requires an agency to describe any significant
alternatives that could minimize impacts to small entities that it has
considered in reaching its proposed 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 or
reporting requirements under the rule for such small entities; (3) the
use of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.
63. In the FNPRM, the Commission seeks comment from all entities,
including small entities, regarding the impact of the proposed rules on
small entities. The Commission seeks comment on the impact, cost or
otherwise, that requiring georouting for text-to-988 will impose on
regional and rural carriers and small businesses. The Commission also
seeks comment on whether to limit the scope of the georouting rule to
one or more specific text formats, such as SMS, or to certain types of
covered text providers, such as CMRS providers or covered text
providers that have access to cellular networks. We will also consider
whether the rule should require covered text providers provide
georouting data with covered 988 texts ``when available'' as proposed,
or instead provide georouting data with texts to 988 ``when technically
feasible.'' Further, the Commission asks whether to extend compliance
time frames for different kinds of covered text providers, such as
nationwide or non-nationwide CMRS providers or other kinds of
interconnected text providers.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
64. None.
List of Subjects in 47 CFR Part 52
Communications common carriers, Telecommunications, Telephone
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 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.
0
2. Amend Sec. 52.201 by:
0
a. Revising paragraph (b);
0
b. Adding in alphabetical order definitions for ``Commercial mobile
radio service (CMRS),'' ``Georouting data,'' and ``Lifeline
Administrator'' in paragraph (c); and
0
c. Adding paragraph (d).
The revisions and additions read as follows:
Sec. 52.201 Texting to the National Suicide Prevention and Mental
Health Crisis Hotline.
* * * * *
(b) Access to SMS networks for 988 text messages. To the extent
that Commercial Mobile Radio Service (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) * * *
Commercial mobile radio service (CMRS) means a mobile service that
is:
[[Page 91648]]
(i)(A) Provided for profit, i.e., with the intent of receiving
compensation or monetary gain;
(B) An interconnected service; and
(C) Available to the public, or to such classes of eligible users
as to be effectively available to a substantial portion of the public;
or
(ii) The functional equivalent of such a mobile service described
in paragraph (i)(A) of this definition.
(iii) A variety of factors may be evaluated to make a determination
whether the mobile service in question is the functional equivalent of
a commercial mobile radio service, including: Consumer demand for the
service to determine whether the service is closely substitutable for a
commercial mobile radio service; whether changes in price for the
service under examination, or for the comparable commercial mobile
radio service, would prompt customers to change from one service to the
other; and market research information identifying the targeted market
for the service under review.
(iv) Unlicensed radio frequency devices under part 15 of this
chapter are excluded from this definition of Commercial mobile radio
service.
* * * * *
Georouting data means location data generated from cell-based
location technology that is aggregated to a level that will not
identify the location of the cell site or base station receiving the
988 call or text or otherwise identify the precise location of the
handset.
Lifeline Administrator is the entity that controls the 988 call
routing platform pursuant to contract with the Substance Abuse Mental
Health Services Administration.
* * * * *
(d) Georouting. By [DATE SIX MONTHS AFTER DATE OF PUBLICATION OF
THE FINAL RULE], all covered text providers must:
(1) Have the capability to provide georouting data with covered 988
text messages to the Lifeline Administrator in a format that is
compatible with the Lifeline's routing platform, to allow routing of
the covered 988 text message by the Lifeline Administrator to the
appropriate crisis center based on the geographic area where the
handset is located at the time the covered 988 text is initiated.
(2) Provide georouting data, when available, with covered 988 text
messages to the Lifeline Administrator sufficient to allow routing of
the covered 988 text message by the Lifeline Administrator to the
appropriate crisis center based on the geographic area where the
handset is located at the time the covered 988 text is initiated.
[FR Doc. 2024-26795 Filed 11-19-24; 8:45 am]
BILLING CODE 6712-01-P
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