Rule2025-17895
Implementation of the National Suicide Hotline Act of 2018
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Published
September 16, 2025
Effective
October 16, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) adopts rules requiring covered text providers, including wireless providers, to develop the capability to transmit georouting data in a format that is compatible with the Lifeline's platform to allow the routing of covered 988 text messages by the Lifeline Administrator to the appropriate crisis center based on the texter's general location, rather than area code; and to provide such georouting data for covered 988 text messages, when available, to the Lifeline Administrator. To protect the privacy of 988 texters, this document defines "georouting data" as location data generated from a cell- based location technology that is aggregated to a level that will not identify the precise location of the handset, but only the general area from which the text originated, thereby making local resources available while protecting texters' identities.
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[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Rules and Regulations]
[Pages 44564-44580]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17895]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 52
[WC Docket No. 18-336; FCC 25-42; FR ID 313142]
Implementation of the National Suicide Hotline Act of 2018
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts rules requiring covered text providers, including
wireless providers, to develop the capability to transmit georouting
data in a format that is compatible with the Lifeline's platform to
allow the routing of covered 988 text messages by the Lifeline
Administrator to the appropriate crisis center based on the texter's
general location, rather than area code; and to provide such georouting
data for covered 988 text messages, when available, to the Lifeline
Administrator. To protect the privacy of 988 texters, this document
defines ``georouting data'' as location data generated from a cell-
based location technology that is aggregated to a level that will not
identify the precise location of the handset, but only the general area
from which the text originated, thereby making local resources
available while protecting texters' identities.
DATES:
Effective date: This rule is effective October 16, 2025.
Compliance dates: Nationwide Commerical Mobile Radio Service (CMRS)
providers must comply with the addition of 47 CFR 52.203 by 18 months
after October 16, 2025. All covered text providers, including non-
nationwide CMRS providers, must comply with the addition of 47 CFR
52.203 by 36 months after October 16, 2025.
FOR FURTHER INFORMATION CONTACT: For further information, contact Merry
Wulff, Wireline Competition Bureau, Competition Policy Division, at
<a href="/cdn-cgi/l/email-protection#b8f5ddcacac196efcdd4dedef8dedbdb96dfd7ce"><span class="__cf_email__" data-cfemail="f2bf9780808bdca5879e9494b2949191dc959d84">[email protected]</span></a> or (202) 418-1084.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fourth
Report and Order in WC Docket No. 18-336, FCC 25-42, adopted on July
24, 2025 and released on July 25, 2025. The full text of the document
is available on the Commission's website at <a href="https://docs.fcc.gov/public/attachments/FCC-25-42A1.pdf">https://docs.fcc.gov/public/attachments/FCC-25-42A1.pdf</a>. To request materials in accessible
formats for people with disabilities (e.g., braille, large print,
electronic files, audio format, etc.), send an email to <a href="/cdn-cgi/l/email-protection#df999c9ceaefeb9fb9bcbcf1b8b0a9"><span class="__cf_email__" data-cfemail="db9d9898eeebef9bbdb8b8f5bcb4ad">[email protected]</span></a>
or call the Consumer & Governmental Affairs bureau at (202) 418-0530
(voice).
Synopsis
I. Discussion
1. In this Fourth Report and Order, we take further steps to
facilitate access to the 988 Lifeline's critical local support services
by requiring covered text providers to develop and implement georouting
solutions for 988 text messages. First, based on a review of the record
in the Implementation of the National Suicide Hotline Act of 2018,
Third Further notice of Proposed Rulemaking (988 Georouting Third
Further Notice), 89 FR 91636 (November 20, 2024) we find that
establishing georouting for 988 text messages is essential to ensure
that text users are routed to geographically appropriate crisis centers
and will provide important benefits to Lifeline users. Next, we define
``georouting data'' and other relevant terms for purposes of our rules,
and adopt a two-part requirement to delineate the scope of covered text
providers' obligations. Finally, in order to facilitate ongoing efforts
to develop 988 text georouting capabilities, we adopt an implementation
time frame of 18 months for nationwide providers, and 36 months for
non-nationwide providers.
A. Text-to-988 Georouting Will Improve Access and Efficiency of the
Lifeline
2. Georouting refers to the technical solutions for directing calls
based on a geographic location of the originating call without
transmitting information about the handset's precise location.
Georouting is distinct from geolocation, which involves the
transmission of precise location information (e.g., street address)
often used to dispatch emergencies services. Today, in the absence of
georouting, providers route 988 text messages to the Lifeline's
centralized system. After a text message reaches 988, the Lifeline
Administrator is responsible for routing the text message to an
individual crisis center and currently does so based on the area code
associated with the text user's wireless device. This inhibits the
Lifeline's ability to provide access to more localized services when a
text user's area code does not correspond to their geographic location.
Based on our review of the record, we find that requiring providers
to implement a georouting solution for 988 text messages is essential
to improving access to the Lifeline's critical mental health crisis and
suicide prevention services. The record overwhelmingly supports the
conclusion that georouting for 988 text messages will help connect
individuals with more geographically appropriate crisis centers that
should have a better understanding of available local resources and
unique community stressors. As Reimagine Crisis Response explains,
local crisis centers are better positioned to connect individuals
``with local mental health care, resources, and support that can help .
. . beyond the initial crisis.'' According to the current Lifeline
Administrator, many individuals that reach out to 988 need
[[Page 44565]]
resources for follow-up care, including referrals to mental health
resources within their current local communities. Several commenters
agree that georouting for 988 text messages will improve access to
referral and follow-up services that may reduce the risk of future
mental health and suicidal crises.
Mental health and public safety commenters emphasize that
georouting for 988 text messages will improve access for youth and
young adults. Indeed, in response to the Implementation of the National
Suicide Hotline Act of 2018, Second Further Notice of Proposed
Rulemaking (988 Georouting Second Further Notice), 89 FR 46340 (May 29,
2024), we received over 450 comments from American Foundation for
Suicide Prevention (AFSP) advocates expressing support for requiring
georouting for 988 text messages, all emphasizing the significant
benefits for children and young adults. As the current Lifeline
Administrator explains, georouting for 988 text messages will ``help
connect young people with counselors who may have a deeper insight into
the unique exacerbators within their local communities.'' AFSP further
notes that georouting is particularly important for ``college-aged
young adults [who] may be attending schools and universities . . . in
areas that do not correspond with their cell phones' area codes.''
3. Many commenters also agree that georouting for 988 text messages
will enhance access to local resources and follow-up care services for
individuals with disabilities, including individuals who are deaf, hard
of hearing, or have a speech disability. As the Accessibility
Organizations explain, text messaging is ``a preferred or necessary
mode of communication, due to barriers to making voice calls,'' for
many individuals with disabilities. The record further indicates that
georouting for 988 text messages will provide benefits for other
disproportionately impacted populations, including older men, rural
communities, and individuals with low incomes or safety concerns.
4. We also find georouting for 988 text messages will help ensure
that Americans in crisis have access to help, regardless of whether
they call or text the Lifeline. As the National Alliance on Mental
Illness (NAMI) asserts, implementing georouting for voice calls but not
for text messages may cause confusion and undermine trust in the 988
Lifeline. Additionally, as several commenters emphasize, achieving
routing parity with voice calls will help to minimize inconsistencies
in service quality that might otherwise discourage individuals from
seeking help, further increasing trust in the 988 Lifeline.
B. Definitions
5. As proposed in the 988 Georouting Third Further Notice, for the
purposes of the rules we adopt today, we incorporate the definitions of
the terms ``covered 988 text message'' and ``covered text provider,''
as adopted in the Implementation of the National Suicide Hotline Act of
2018, Second Report and Order (Text-to-988 Second Report and Order), 89
FR 46340 (May 29, 2024). We similarly rely on the definitions of
``Commercial Mobile Radio Service (CMRS)'' and ``georouting data''
adopted by the Commission in the Implementation of the National Suicide
Hotline Act of 2018, Third Report and Order (988 Georouting Third
Report and Order), 89 FR 91636 (November 20, 2024). To preserve
consistency across the requirements for georouting 988 calls and
georouting text-to-988, we likewise use the definition of ``Lifeline
Administrator'' adopted by the 988 Georouting Third Report and Order.
No commenter opposed this approach. Although supportive of the
Commission's existing definitions for these terms, the Accessibility
Organizations urge the Commission to account for the accessibility
needs of individuals who are deaf or hard of hearing, or have a speech
or other disability that impacts communication in crafting rules for
988 text georouting. We find that georouting text-to-988 will have a
significant impact on connecting individuals, including those who are
deaf or hard of hearing, or have a speech or other disability that
impacts communication, to local resources and improve the accessibility
of lifesaving resources. We therefore adopt our proposal in the Further
Notice to incorporate the definitions adopted by the Commission in the
Text-to-988 Second Report and Order and 988 Georouting Third Report and
Order with our 988 text georouting rules. We find that relying on the
Commission's existing definitions will ensure technological neutrality
and regulatory consistency across our rules with respect to 988
georouting.
6. Covered 988 Text Message. We apply our 988 text georouting
requirements to ``covered 988 text messages'' as that term is defined
in the Text-to-988 Second Report and Order (defining a ``[c]overed 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''), thereby limiting our georouting
rules to ``988 text messages'' that are in an Short Message Service
(SMS) format. The record overwhelmingly supports limiting our
requirements to SMS messages at this stage, in order to conform with
the existing technical capabilities of the Lifeline, which can
currently only receive SMS texts. While Intrado Life & Safety (Intrado)
argues that the rules should obligate georouting of the text portion of
Multimedia Message Service (MMS), we find that limiting our georouting
rules to messages sent in SMS format will enable the 988 Lifeline to
leverage current technology while developing georouting solutions that
could adapt to messaging protocols such as MMS and Rich Communications
Service (RCS) if necessary in the future. In this Fourth Report and
Order, we use ``Intrado'' to refer to the entity previously referred to
in this proceeding as ``Intrado Life & Safety.'' For a full discussion
of the Intrado organization, see 988 Georouting Second Further Notice.
In the Text-to-988 Second Report and Order, the Commission delegated to
the Bureau the authority to make future determinations to require
covered text providers to support additional text formats, in the event
that the Lifeline developed the capability to receive such messages. In
connection with this delegated authority, the Commission directed the
Bureau to consult with the Substance Abuse and Mental Health Services
Administration (SAMHSA) and the U.S. Department of Veterans Affairs
(VA) on whether any text formats other than SMS are compatible with the
988 Lifeline. To the extent that SAMHSA is reorganized, dissolved, or
its responsibilities are transferred, all references to ``SAMHSA'' in
this Order shall be interpreted to include any successor agency or
entity that assumes authority for oversight of the 988 Lifeline, grants
administration, or coordination on technical implementation of 988
services. We further direct the Bureau to determine through its ongoing
consultation process with SAMHSA and the VA whether the 988 Lifeline
can accept georouting data with any newly identified text formats. In
the event that the 988 Lifeline becomes capable of accepting any
additional text formats, the Bureau shall seek comment on whether to
require providers to transmit georouting data for such text formats in
its annual public notice. We emphasize that this delegated authority is
limited in scope. The Bureau may incorporate additional text formats
into the Commission's rules if, and only if, the Lifeline becomes able
to receive such messages, in which case it must provide
[[Page 44566]]
notice and an opportunity for comment before adopting any new
requirements. The Bureau is also required to ``identify all
implementation deadlines with certainty (i.e., by a specified calendar
date)'' and in doing so, must ``assess factors such as technical and
financial challenges with respect to implementation, the status of the
Lifeline, and the public interest.''
7. Covered Text Providers. We apply our 988 text georouting
requirements to ``Covered Text Providers,'' as defined in the Text-to-
988 Second Report and Order. Covered text providers include ``all
[Commercial Mobile Radio Service (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.'' As noted above, our text georouting requirements are
limited to 988 text messages sent in SMS format and therefore do not
apply to over-the-top providers. An over-the-top provider refers to
services accessed through broadband connections obtained by the
consumer, or through public or private Wi-Fi connections that may not
access cellular networks.
8. Georouting Data. For the purposes of these rules, we define
``georouting data'' to mean 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 text message or otherwise identify the precise location of the
handset. Vibrant initially raised concern that adopting this definition
of georouting data for text-to-988 was too broad, however, it later
indicated agreement with the proposed approach and ``recommend[ed] that
any proposed georouting solution should utilize cell tower data,
obtained from a carrier, to determine the geographic origin of 988
Lifeline text messages.'' We note that this definition, which is
consistent with that adopted in the 988 Georouting Third Report and
Order, precludes the transmission of more precise location data. The
definition of georouting data adopted in this Fourth Report and Order
is the same as that used for our georouting rules for 988 voice calls,
apart from its application to ``covered 988 text message[s],'' as
opposed to ``988 call[s].'' The 988 Georouting Third Report and Order
found that this approach would ``best identify a caller's location to
enable routing of 988 calls to geographically appropriate crisis
centers, while maintaining the privacy interests of callers'' and
``provid[ing] nationwide providers flexibility to deploy current
georouting solutions developed with the SAMHSA and the Lifeline
Administrator.'' As explained below, we find that these considerations
apply equally with respect to our text-to-988 georouting rules. Some
commenters assert that georouting based on the location of the tower in
which the contact was initiated does not provide sufficient granularity
to dispatch emergency services. As discussed in greater detail below,
we find that georouting based on aggregated, cell-based location
information best balances the benefits of location-based routing with
the privacy interests of 988 users.
9. Commercial Mobile Radio Service. We also adopt our proposal to
revise Sec. 52.201(b) of the Commission's rules to read ``Commercial
Mobile Radio Service'' instead of ``Commercial Mobile Radio Services.''
This correction is necessary to align the rule with the Commission's
intent, as stated in the Text-to-988 Second Report and Order, to adopt
the well-established text-to-911 definition of ``covered text
provider.'' We note that no commenter questioned our proposal.
C. Scope of Text-to-988 Georouting Requirement
10. In this Fourth Report and Order, we adopt general requirements
designed to enhance the Lifeline's ability to connect text users to
geographically appropriate crisis centers, while safeguarding the
critical privacy interests of individuals seeking life-saving
assistance. Specifically, we require covered text providers to: (1)
develop the capability to transmit georouting data in a format that is
compatible with the Lifeline's system to allow routing of covered 988
text messages by the Lifeline Administrator to the appropriate crisis
center based on the geographic area where the handset is located at the
time the text message is initiated; and (2) provide such georouting
data for 988 text messages, when available, to the Lifeline
Administrator. In adopting these rules, we support voluntary efforts to
identify and develop industry-based georouting solutions for 988 text
messages by providing a flexible, technology-neutral framework for our
requirements.
1. Capability To Provide Georouting Data
11. Consistent with the 988 Georouting Third Further Notice, we
first require covered text providers to develop the capability to
transmit georouting data for 988 text messages in a format that is
compatible with the Lifeline's routing platform. We find that this
requirement is necessary to ensure that 988 text users receive the
benefits of georouting, regardless of the covered text providers'
network configurations. As with the other requirements we adopt today,
we give covered text providers the flexibility to use technically
feasible options that are best suited to their networks, provided that
the georouting solutions are compatible with the Lifeline's system. We
make clear that our rules create an ongoing obligation for covered text
providers to ensure that georouting data remains compatible with the
Lifeline's system, and we encourage stakeholders to collaborate in
developing and testing such solutions.
12. The record strongly supports requiring any text-to-988
georouting solutions to be compatible with the Lifeline's system and
infrastructure. For example, CTIA argues that we should ``continue to
rely on technologies that are consistent with covered text providers'
and the Lifeline's system[] to facilitate prompt and seamless
implementation of new capabilities, including georouting.'' The
Accessibility Organizations add that this approach ``ensures
uniformity, reducing the chances of technical mismatches or delays in
delivering critical support.'' We therefore agree with the Lifeline
Administrator and T-Mobile that ``the best georouting solution will be
one that can integrate with the 988 Lifeline's current routing
network.'' And, as we have explained, we are adopting a rule that does
not mandate geolocation reporting and that defines georouting data
as``[l]ocation 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 covered 988 text message or
otherwise identify the precise location of the handset.''
13. We recognize that our federal partners may choose to expand the
Lifeline's system to support a broader range of compatible text-to-988
georouting solutions. Accordingly, and similar to the Commission's
approach for voice-to-988 georouting, we direct the Bureau to routinely
consult with SAMHSA regarding the format of text-to-988 georouting data
that is compatible with the 988 Lifeline's system. We further direct
the Bureau to monitor the development of text-to-988 georouting
solutions and, if necessary, propose and seek comment on implementation
parameters for covered text providers for any compatible text-to-988
georouting data that is
[[Page 44567]]
substantially modified from the requirements adopted herein.
14. Aggregation of Cell-Based Location Data. As numerous commenters
observe, the privacy interests of 988 text users are paramount. For
this reason, we require covered text providers to aggregate location
data generated from cell-based technology to a level that will not
identify the location of the cell site or base station receiving the
988 text or otherwise identify the precise location of the handset. The
rules we adopt today protect privacy interests by prohibiting the
transmission of more granular cell site data or the precise location of
the text user, while allowing covered text providers flexibility in
implementing technical solutions that use different granularity of
data, such as wire center or Federal Information Processing Series
(FIPS) code geographic boundaries. As with the Commission's approach
for voice-to-988 georouting, in adopting this requirement, we carefully
balance the importance of maintaining user privacy with the need to
expeditiously improve the routing of text messages to the Lifeline.
15. The 988 Georouting Third Further Notice and 988 Text Georouting
Privacy Notice sought comment to determine the necessary granularity of
location data for text-to-988 georouting that protects the privacy
expectations of text users, while still facilitating access to more
localized services. In response, commenters generally argued that
covered text providers need flexibility to develop and implement text-
to-988 georouting solutions. To that end, rather than a prescriptive
rule, we establish a general requirement that allows covered text
providers flexibility to use technically feasible methods that are best
suited to their networks to aggregate location data.
16. Based on our review of the record, we find that aggregating
location data to county-level or wire-center boundaries is sufficiently
general to protect text users' privacy while improving the routing of
988 text messages. The record indicates that the industry-based text
georouting solution currently under development by nationwide wireless
providers, the current Lifeline Administrator, and its vendor utilizes
county-level FIPS code boundaries based on cell tower information and
does not introduce precise location information into the 988 data flow.
The Federal Information Processing Series (FIPS) codes are maintained
and assigned by the Census Bureau to identify geographic areas. In its
comments, the Lifeline Administrator states that the ``solutions under
consideration will use county-level data,'' which ``minimizes user-
specific data to simply connect a help seeker to the nearest crisis
contact center based on cell phone tower data.'' We anticipate that our
broad definition of ``georouting data'' will give covered text
providers flexibility to implement technical solutions that use
different granularity of data, such as wire center or FIPS code
boundaries provided that such data does not reveal the precise location
of the handset.
17. We disagree with the Boulder Regional Emergency Telephone
Service Authority's (BRETSA) contention that more precise location
information should be transmitted with 988 text messages. The record
reflects significant support for georouting solutions that provide
geographic routing information to the Lifeline without identifying a
text user's precise location. We are also persuaded by commenters that
988 text users have unique privacy expectations as compared to 911
users, and find that any text-to-988 georouting solution must maintain
text users' confidence that their precise location information will
remain confidential when communicating with the Lifeline. Additionally,
as discussed below, we decline to take specific action at this time to
extend text-to-988 georouting requirements to the Lifeline's
specialized service lines. We believe that this approach should
alleviate the concern raised by the Electronic Privacy Information
Center and Wildflower Alliance (EPIC-WA) that text users contacting the
Lifeline's specialized service lines may be at a greater risk of being
personally identified. While EPIC-WA provides a cautionary example of a
texter in a small county ``contacting a hotline focused on LGBTQ+
specific needs,'' we note that, as of July 17, 2025, the 988 Lifeline
``no longer silo[s] LGB+ youth services'' through a ``Press 3 option.''
18. Although we agree with the Conservative Political Action
Conference Foundation's Center for Regulatory Freedom (CPAC) that
maintaining the privacy of 988 callers and text users has been integral
to the Lifeline's ability to serve as a ``safe and dependable
resource,'' the requirements we adopt today will not obligate covered
text providers to engage in ``approximate geolocation reporting'' or
undermine Americans' trust in the integrity of the Lifeline. The rules
we adopt today do not require covered text providers to transmit more
precise geolocation data with 988 text messages, but rather aggregated
location data, such as county-level information, that maintains text
users' privacy by not identifying the precise location of the text
users' handset.
19. We also disagree with those commenters that argue georouting
data is not sufficiently granular to improve the routing of 988 text
messages. While some commenters identify alternatives to georouting
that may connect text users with local resources, we find that
generating aggregated location information using cell-based technology
will significantly improve the routing of 988 text messages and help
connect text users to local resources in a timely manner while
protecting user privacy. We disagree with BRETSA's inference that the
benefits of improved routing are limited to instances in which
individuals require emergency services intervention. As discussed
above, georouting provides numerous benefits to individuals contacting
988, including those that do not require dispatch of emergency
services. Likewise, we acknowledge CPAC's contention that geolocation
could alleviate routing errors more effectively than georouting data,
as well as its concerns about ``further regulations aimed at correcting
misrouting.'' As CPAC states, however, sharing a 988 text user's
precise location data raises significant privacy concerns. We agree,
and therefore the definition of georouting data we adopt today
precludes the transmission of more precise location data for 988 text
messages.
2. Providing Georouting Data
20. We next adopt the Commission's proposal to require covered text
providers to provide georouting data, when available, to the Lifeline
Administrator, sufficient to allow routing of the message to the
appropriate crisis center based on the geographic area where the
handset is located at the time the covered 988 text message is
initiated. As discussed below, we find that this approach strikes the
right balance between ensuring that covered text providers support
georouting for 988 text messages and allowing sufficient flexibility to
develop and implement solutions that maximize their network
capabilities.
21. Technical Considerations. To address technical limitations
raised by the record, we require covered text providers to provide
georouting data for 988 text messages to the Lifeline Administrator
only when such data is available. We agree with CTIA and Intrado that
limiting this requirement to providing georouting data ``when
available'' is necessary to account for technical challenges and to
enable
[[Page 44568]]
covered text providers to optimize their current technology and
networks. For instance, several commenters raise concerns about the
technical feasibility of transmitting georouting data with text
messages originated when a text user is roaming. While we acknowledge
the public benefits of supporting georouting for all 988 text messages,
we believe that limiting the requirement to providing georouting data
``when available'' strikes the appropriate balance between facilitating
access to the Lifeline's resources and allowing providers the
flexibility to address technical challenges.
22. The record indicates that, in the event that georouting data is
unavailable, the Lifeline will route text messages based on the area
code of the user's device. We agree with CX360 that, while ``area code-
based routing is imperfect,'' this ``alternative routing'' process will
help ensure that text users receive assistance even if the closest
crisis center cannot be identified or reached. We believe that the
Lifeline's default routing mechanism also alleviates record concern
about incorporating ``fallback mechanisms or alternative data sources''
in our definition of georouting data. Additionally, we find that this
approach provides parity with the Commission's rules for voice-to-988
georouting, which helps minimize confusion for both providers and
individuals texting the 988 Lifeline. We also believe that this
approach alleviates record concern about scenarios where covered text
providers are incapable of providing georouting data.
23. Supporting Industry Efforts To Implement Text-to-988
Georouting. The rules we adopt today provide a flexible, technology-
neutral framework that enables covered text providers to make industry-
based determinations on implementing georouting solutions for 988 text
messages. The record reflects that nationwide wireless providers, the
current Lifeline Administrator, and its vendors are actively
collaborating to develop georouting solutions for 988 text messages. As
the Lifeline Administrator notes, this process will help ``identify the
necessary routing requirements for text messaging and explore solutions
that protect the privacy of help-seekers.'' And, as CTIA observes,
aligning our requirements with industry-based solutions developed by
stakeholders and the Lifeline Administrator is integral to the
successful, timely implementation and ongoing improvement of the 988
Lifeline.
24. We find that a flexible approach to 988 text georouting is
essential to support further innovation, as urged by many commenters in
this proceeding. As several commenters observe, allowing providers
flexibility to use technically feasible options that are compatible
with the Lifeline's system is ``appropriate, particularly given the
ongoing technological development in this area.'' The Competitive
Carriers Association (CCA) adds that a technology-neutral framework
``offers providers the flexibility to adopt the solutions that work
best for their networks and promote[s] the improvement of those
solutions over time.'' We also share concerns that setting prescriptive
requirements may compel providers to rely on underdeveloped solutions
and potentially discourage further innovation to improve georouting for
988 text messages. To further facilitate efforts to make an industry-
based determination, as discussed below, we provide a longer compliance
period for both nationwide and non-nationwide providers than proposed
in the 988 Georouting Third Further Notice. As such, we decline at this
time to adopt more prescriptive requirements for how covered text
providers must develop the capability and provide georouting data to
the Lifeline.
25. We also agree with CCA that allowing ``robust industry-led
development of a standardized and scalable approach to georouting data
for text messages'' will better serve non-nationwide providers. The
compliance deadlines we adopt below provide ample time for both
nationwide and non-nationwide providers to implement and develop a
georouting solution for 988 text messages, thereby minimizing
compliance burdens. We strongly encourage non-nationwide covered text
providers to collaborate with SAMHSA and the Lifeline Administrator in
developing and testing georouting solutions for 988 text messages.
26. We conclude, however, that purely voluntary implementation
undermines our goal of ensuring that the clear public benefits of
georouting for 988 text messages are realized in a timely manner. For
example, some wireless providers and industry commenters argue that
text-to-988 georouting requirements are unnecessary at this time
because national systems, rather than local crisis centers, handle most
988 text messages due to infrastructure limitations. We disagree. The
record demonstrates that a significant number of local crisis centers
are currently able to receive texts to 988. Moreover, the Lifeline
Administrator indicates that this number is likely to grow in the
future as more local crisis centers add text-to-988 capability. In any
event, text-to-988 capability does not need to be universally available
among the Lifeline's more than 200 local crisis centers in order to
realize the significant benefits of georouting for 988 text messages,
including improved access to local resources and counselors who may
better understand unique community stressors. Notably, the current
Lifeline Administrator does not dispute the need for us to adopt an
affirmative requirement at this time. We therefore find that the
benefits of georouting 988 text messages to those local crisis centers
that are capable of receiving such messages easily support the
commonsense, non-prescriptive requirements we adopt today.
27. We also decline to adopt the Rural Wireless Association's (RWA)
suggestion to allow small rural non-nationwide providers to implement
georouting solutions for 988 text messages on a voluntary basis. While
we acknowledge that non-nationwide providers may face operational
limitations when implementing georouting solutions for 988 text
messages, we offer flexibility and additional compliance time to non-
nationwide providers to minimize such burdens. Additionally, several
commenters emphasize the importance of implementing georouting
solutions for 988 text messages to improve access to the Lifeline's
critical intervention services for rural Americans. We find the
benefits of ensuring that all Americans have improved access to the
Lifeline's lifesaving resources support applying our requirements to
all covered text providers, including small rural providers. Our
approach also promotes parity between 988 calls and texts, ensuring
consistent and predictable level of service across communication modes
while reducing potential confusion for individuals in distress.
28. We are unpersuaded by CTIA's argument that we should not extend
georouting requirements to 988 text messages based on the Commission's
actions in the 911 LBR Report and Order. In the 911 LBR Report and
Order, the Commission declined to extend location-based routing (LBR)
requirements to 911 SMS text messages, both because the industry had
not yet developed standards for implementing location-based routing on
SMS networks and to avoid requiring providers to retrofit legacy SMS
networks. The Commission also noted that a number of Public Safety
Answering Points (PSAPs) were incapable of receiving texts and that the
volume of 911 text messages was far smaller than the volume of 911
[[Page 44569]]
voice calls. Although the record in this proceeding indicates that
georouting solutions for 988 text messages may require some network and
infrastructure changes, it does not raise the same concerns found in
the context of 911 location-based routing about extensively
retrofitting legacy SMS networks. The industry-based text-to-988
georouting solution endorsed by CX360 also supports the conclusion that
industry stakeholders have already developed some standards for
implementing text-to-988 georouting solutions. Further, georouting
solutions for 988 text messages and location-based routing for 911
require different granularity of location data, and different entities
perform the routing functions. Specifically, 911 location-based routing
uses precise location data on the user's device to route 911 calls to
the appropriate destination, whereas georouting solutions for 988 text
messages use less granular aggregated location data, such as county-
level FIPS codes or wire center boundaries. Moreover, in the context of
911, providers determine the routing destination based on the precise
location information of a device, whereas the Lifeline Administrator
retains responsibility for routing 988 text messages to individual
crisis centers using the georouting data provided by the covered text
providers. We therefore find that the technical differences between the
routing methodologies and the record received in this proceeding
distinguish 911 location-based routing requirements from georouting for
988 text messages.
29. We also disagree with those commenters that argue it is
premature for the Commission to consider adopting text-to-988
georouting requirements. We believe that enabling georouting for 988
text messages to improve service for text users should not be unduly
delayed, and that the Commission's affirmative and timely decision to
require implementation (with flexible, technology-neutral parameters)
will minimize confusion for both providers and individuals texting 988.
Adopting rules will also provide clarity and regulatory certainty for
covered text providers, encouraging progress in developing and
implementing text-to-988 georouting solutions. Given the clear public
interest benefits of supporting georouting for 988 text messages, we
find that deployment and implementation of georouting solutions for 988
text messages should not be optional.
30. Technological Feasibility. We find that implementing georouting
for 988 text messages is technologically feasible for nationwide and
non-nationwide covered text providers. In the 988 Georouting Third
Further Notice, the Commission sought comment on technical challenges
that may arise in providing georouting data with covered 988 text
messages, noting that there was disagreement in the record regarding
the difficulty of implementing text-to-988 georouting solutions. While
we recognize that there are technical differences between georouting
solutions for 988 calls and text messages, the record indicates that at
least one technically feasible approach exists today for text-to-988
georouting. Therefore, although the work to develop these solutions is
ongoing, we find that deploying georouting solutions for 988 text
messages is feasible for both nationwide and non-nationwide covered
text providers within the compliance time frames we adopt in this
Fourth Report and Order.
31. As discussed above, the nationwide wireless providers, the
current Lifeline Administrator, and other industry stakeholders are
actively collaborating to develop an industry-based georouting solution
for 988 text messages that maintains text users' privacy. For instance,
under the approach endorsed by CX360, covered text providers route
covered text messages to the Lifeline as required under the
Commission's existing rules without georouting data. The Lifeline's
interactive voice response (IVR) system--which allows 988 callers and
text-users to select specialized service lines, such as the Veterans
Crisis Line--requests georouting data from the providers via a
``secure, industry-standard application programming interface'' only
when the 988 text user does not request specialized services. To
protect privacy, the covered text providers aggregate location data
using county-level FIPS code boundaries, which is similar to the
aggregation process used by some wireless providers for voice-to-988
georouting solutions. The record indicates that nationwide providers
are already offering and supporting the use of network application
programming interfaces. Moreover, while the ``discovery phase'' to
develop an industry-based georouting solution is ongoing, the Lifeline
Administrator ``anticipates that it is technologically feasible for
both nationwide and non-nationwide CMRS providers to identify
georouting solutions that work best with their existing networks.''
32. We are not persuaded by the arguments advanced by Intrado that
the solution endorsed by CX360 raises privacy concerns due to the
Lifeline querying for location data. Intrado argues that text-to-988
georouting solutions must avoid designs that allow the Lifeline to
query providers for location information to protect text users'
privacy, adding that ``wireless providers should remain in full control
of user location information with a push of only coarse location.'' As
CX360 states, however, under its proposed approach, the Lifeline's
system would only have access to FIPS codes from wireless providers.
AT&T adds that the Lifeline Administrator prefers solutions that
provide georouting data only with a user's initial text message in a
single conversation series, and that such solutions will likely require
the Lifeline to query providers for georouting data. We also note that
there is support in the record for including georouting data with the
text user's initial message to protect privacy by avoiding the
transmission of precise location information to downstream parties.
Moreover, we require covered text providers to aggregate location data
in order to maintain the privacy interests of 988 text users. We thus
reject Intrado's inference that, under the approach suggested by CX360,
the ``Lifeline Administrator could have access to the location for
every device on the carrier's network.''
33. Text-to-911-Based Georouting Solutions. We decline, at this
time, to expand the scope of our requirements to georouting solutions
that utilize Text Control Centers (TCC) as intermediaries between
covered text providers and the Lifeline, as proposed by some
commenters. 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 [Public
Safety Answering Point (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 PSAP (via the emergency services network) through the
appropriate interworking function of the TCC.'' As the Commission
emphasized in the 988 Georouting Third Further Notice, SAMHSA, the
agency with oversight of the Lifeline Administrator, must ultimately
determine the routing data
[[Page 44570]]
that it will deem acceptable for the Lifeline's system to process. In
its comments, the current Lifeline Administrator strongly advises
against georouting solutions that leverage text-to-911 infrastructure
due to concerns about required modifications to the Lifeline's network
and unknown costs and implementation time.
34. While several commenters argue that text-to-911-based
georouting solutions could provide benefits for text-to-988 georouting,
we are convinced by the record that adopting such proposals at this
time would be contrary to our goal of ensuring that georouting is
available for 988 text messages without delay. For example, AT&T and
CX360 argue that georouting solutions that utilize TCCs introduce an
unnecessary ``point of failure'' and require modifications of the
Lifeline's system. The record also raises concerns that using a system
designed for 911 in the context of 988 may have a chilling effect due
to differing privacy expectations. Several commenters also argue that
georouting solutions based on text-to-911 infrastructure may compromise
privacy due to access to, and potential inadvertent disclosure of,
precise location information. Based on our review of the record, and
given the concerns raised by commenters regarding implementation delays
and the potential chilling effects associated with using geolocation
data in the context of 988, we find that expanding our requirements to
allow text-to-911-based georouting solutions is unwarranted at this
time. Nevertheless, we encourage all industry stakeholders and the
Lifeline Administrator to actively collaborate on the development and
improvement of georouting solutions that protect privacy and are
compatible with the Lifeline's system.
35. Direct Routing. We also decline to adopt proposals that would
bypass the Lifeline's initial direct and centralized routing platform.
CPAC recommends an alternative approach to georouting solutions that
focuses on providing local crisis centers with ``resources necessary to
allow them to welcome calls and texts directly,'' arguing that this
would improve the routing of 988 contacts while prioritizing
confidentiality. The Commission previously concluded that the
Lifeline's centralized routing process provides numerous benefits,
including faster implementation, reduced routing costs, and improved
service. In the 988 Georouting Third Further Notice, the Commission
also declined to seek comment on text-to-988 georouting solutions that
would bypass the Lifeline's centralized routing platform.
36. The record reflects significant support for retaining the
Lifeline's existing centralized routing structure. In particular, we
are persuaded by commenters that the centralized routing system plays a
critical role in managing the capacity of crisis centers, routing text
messages to the national back-up center, and minimizing technical
burdens placed on crisis centers. As the Lifeline Administrator states,
the centralized structure facilitates network monitoring to resolve
``any potential issues that arise'' and helps ensure that text messages
are ``routed efficiently to the appropriate crisis contact center.''
CX360 adds that this structure allows the ``Lifeline Administrator to
balance text volumes within a certain geographic area to minimize
response times,'' helping to connect text users ``to the resources they
need . . . if a crisis center is particularly busy.'' CTIA and CX360
similarly agree that proposals to bypass the Lifeline's centralized
routing system ``should remain outside the scope of this proceeding.''
Based on our review of the record, and consistent with the Commission's
proposal and previous conclusions, we find that the benefits of
maintaining the Lifeline's centralized routing system greatly exceed
the costs of localized routing at this time.
37. Specialized Service Lines. We decline to take specific action
to apply our text-to-988 georouting requirements to the Lifeline's
specialized service lines. Currently, when an individual texts 988 they
are provided options to redirect to specialized service lines, for
example, veterans and service members are redirected to text ``838255''
to reach the Veterans Crisis Line. Individuals may also text ``AYUDA''
to connect with a Spanish-speaking crisis counselor. The record
indicates that individual crisis centers have varying capacities to
provide specialized services, which complicates the Lifeline's ability
to consistently connect text users with an appropriate local crisis
center that handles specialized services. Moreover, we believe that our
federal partners at SAMHSA and the VA are best positioned to evaluate
the benefits and challenges of using georouting data for specialized
service lines.
D. Implementation Time Frame
38. In order to support industry efforts to develop efficient and
effective text georouting solutions for the Lifeline, we grant
nationwide covered text providers a period of 18 months, and non-
nationwide covered text providers a period of 36 months, following the
effective date of this Fourth Report and Order in which to comply with
the rules we adopt today. We find that this compliance window
appropriately balances the need to expeditiously implement 988 text
georouting with the burdens on providers of developing the necessary
routing systems. In the 988 Georouting Third Further Notice, the
Commission proposed a uniform implementation deadline of six months
from the effective date of the rules. In response, a broad cross-
section of stakeholders submitted arguments that additional time would
be needed to sufficiently identify and implement georouting solutions
for text-to-988. Commenters emphasized that efforts to identify
georouting solutions for text-to-988 compatible with the Lifeline's
centralized routing system are in the early stages of development and
encourage the Commission to allow for its discovery phase, which could
take approximately six to 12 months, to develop without regulatory
impediment. The record indicates that the Lifeline Administrator plans
to conduct a ``discovery'' pilot with its vendor and nationwide
wireless providers in 2025 to identify, develop, and test text-to-988
georouting solutions, and that it expects the process to take
approximately six to 12 months. As such, we disagree with the assertion
by the Crisis Text Line that we should not adopt rules requiring text-
to-988 georouting because ``the length of time required to develop
[such] a georouting solution is [] unknown.'' The Lifeline
Administrator also expects to ``leverage its established relationship
with industry stakeholders to expedite the georouting process for text
messages.'' We anticipate that the flexible and technology-neutral
landscape that our rules provide will allow industry stakeholders
sufficient time to complete their collaborative efforts to identify an
industry-based consensus technical solution for text-to-988 georouting.
39. We therefore agree with those commenters who argue that a
longer compliance period than that proposed in the 988 Georouting Third
Further Notice is warranted. In particular, we note that, at the time
the Commission adopted the 988 Georouting Third Report and Order, the
nationwide providers were nearing the end of their collaboration with
the Lifeline Administrator to develop and test voice georouting
solutions. The 988 Georouting Third Report and Order's expedited
implementation time frame for nationwide providers reflected this fact.
Here, however, the development of technical solutions for text-to-988
georouting remains in its early stages. We recognize the critical need
for time
[[Page 44571]]
and resources to develop and test solutions, and to account for on-
going collaboration amongst the Lifeline Administrator, SAMHSA,
providers, and 988 Lifeline vendors. The rules we adopt today allow for
this process to proceed while at the same time providing certainty that
providers should keep working toward a specific completion date. We
therefore grant an extended compliance time frame of 18 months for
nationwide providers to reflect the time necessary to complete the
discovery phase and subsequently implement its findings.
40. Additionally, commenters called for additional time for non-
nationwide providers to account for the fact that the 988 Georouting
Third Report and Order grants those providers until December 2026 to
implement georouting for voice calls to 988. For instance, RWA and
Intrado emphasize the burden that imposing overlapping compliance
deadlines would have on small and rural service providers and recommend
the Commission impose a 36-month compliance time frame for non-
nationwide providers. We agree with these commenters that the
georouting text-to-988 requirement deadline should not be earlier than
the deadline for voice-to-988 georouting. Non-nationwide providers must
comply with the 988 Georouting Third Report and Order by December 14,
2026. To account for non-nationwide providers' on-going efforts to
comply with our voice-to-988 georouting implementation requirement, we
require non-nationwide providers to comply with our 988 text georouting
requirements within 36 months following the effective date of this
Fourth Report and Order, which, as RWA explains, should allow non-
nationwide providers a sufficient compliance period. Based on the
record, we are confident that our extended compliance deadline will
provide sufficient time for non-nationwide service providers to
implement 988 text georouting solutions. We decline a request by CTIA
that we ``delegate authority to the Wireline Competition Bureau to
waive or stay the implementation deadlines'' we adopt in this item.
CTIA states that it is ``hopeful that the 18-month timeline for
nationwide providers [to implement text georouting solutions] will be
sufficient'' but requests a provision under which the Bureau would
monitor the development process and provide additional time for
compliance, if warranted. As discussed above, we find that the 18- and
36-month deadlines we adopt today will provide ample time for
nationwide and non-nationwide providers, respectively, to develop and
deploy text-to-988 georouting solutions. Nevertheless, we note that
providers may seek a waiver of these deadlines, if necessary, under the
Commission's existing rules.
41. We recognize that the effectiveness of text-to-988 georouting
benefits from public awareness. To support this, we encourage all
stakeholders involved in the delivery and operation of 988 text
georouting to engage in outreach that informs the public about the
availability and purpose of georouting solutions. Additionally, we
direct the Consumer and Governmental Affairs Bureau, in coordination
with the Bureau and our federal partners at SAMHSA and the VA, to
develop and publish a consumer-facing guide promoting awareness around
988 and access to local crisis services, and what consumers should
expect when utilizing text messaging to reach the 988 Lifeline.
E. Additional Proposals
42. In response to the 988 Georouting Third Further Notice and 988
Text Georouting Privacy Public Notice commenters raise a number of
other issues related to georouting for 988 texts, including proposals
related to privacy and data protection protocols, user consent, direct
video calling (DVC), 911-988 interoperability, and cost recovery for
service providers. As discussed below, we decline to adopt these
proposals in this Fourth Report and Order.
43. Privacy and Data Protection Protocols. We decline to adopt
specific data privacy and cybersecurity requirements with respect to
our text-to-988 rules in this Fourth Report and Order, beyond adopting
rules requiring that georouting data is aggregated so that it cannot
identify the precise location of the individual contacting the 988
Lifeline. In the 988 Text Georouting Privacy Public Notice, the Bureau
noted that privacy and cybersecurity are critical elements in ensuring
that individuals contacting the 988 Lifeline have confidence in the
program and trust that their identity will remain anonymous. The Bureau
therefore sought comment on ``any data handling protocols and policies
that . . . should be in place to protect the privacy and
confidentiality of 988 texters'' and on whether to adopt any
``additional privacy measures . . . to prevent unintended chilling
effects as the Commission continues to enhance the 988 Lifeline through
georouting capabilities[.]''
44. The record in this proceeding, including that developed in
response to the 988 Text Georouting Privacy Public Notice, highlights
the importance of safeguarding user privacy in developing georouting
solutions for texts to 988. As discussed above, we find that our
approach to 988 text georouting, which relies on coarse location data
rather than the precise location of the user's handset, provides an
essential, built-in privacy protection for 988 users. We find that this
approach obviates the need for additional data protection requirements,
which may provide less reliable privacy protection, or require
regulating the conduct of entities outside of the Commission's
jurisdiction.
45. As several commenters observe, our approach to 988 text
georouting mirrors that successfully deployed by the Commission
regarding georouting for 988 voice calls. By requiring covered text
providers to aggregate location data to a level that does not identify
the location of the cell site or base station receiving the 988 text or
otherwise identify the precise location of the handset, we ensure that
the Lifeline does not receive sensitive location data that may reveal a
user's precise location. This ``privacy by design'' architecture
provides significant benefits compared with a system in which more
sensitive user data is transmitted by providers to downstream entities
that may have varying data security protocols and privacy protections.
46. We also decline to require an informed consent mechanism for
georouting text-to-988. While comments submitted by CPAC and EPIC-WA
argue that informed consent is necessary and vital to the success of
the 988 Lifeline, we conclude that the parameters of our rules
effectively minimize the level of personal information transmitted with
988 text messages. Nevertheless, we acknowledge the critical importance
of enabling 988 text users to provide meaningful consent and therefore
strongly encourage SAMHSA and the Lifeline Administrator to ensure that
text users can easily access disclosures about the Lifeline's use of
georouting data. We agree that text users contacting the 988 Lifeline
should have a high expectation of privacy. We also agree that texters
should be made aware of the implications of contacting the Lifeline,
particularly as it relates to the collection and use of georouting
data.
47. However, we disagree that mandating an informed consent
mechanism prior to engaging with the 988 Lifeline will have a net
positive impact on individuals seeking help. On the contrary, we find
that an informed consent mechanism may have a detrimental impact on the
efficacy of the
[[Page 44572]]
988 Lifeline and may serve as a barrier to life saving resources.
Specifically, we are persuaded by arguments submitted by NAMI, a mental
health subject matter expert, that the introduction of an express
consent mechanism may be confusing to those in crisis, have unintended
deterrent consequences, and undermine confidence in the 988 Lifeline.
On balance, we conclude that the benefits of georouting texts to 988
far outweigh the attendant privacy risks. As detailed above, our
approach to georouting inherently safeguards individual privacy by
precluding the transmission by service providers of precise location
data. We also note that our decision not to require a specific consent
mechanism in connection with the rules we adopt today is consistent
with the Commission's approach in adopting voice-to-988 georouting
requirements.
48. Direct Video Calling. We decline, at this time, to expand the
present proceeding to include Direct Video Calling (DVC). Accessibility
advocates submitted comments in support of georouting requirements for
text-to-988 and advocated for similar requirements for DVC. We agree
with comments submitted by the Accessibility Organizations that
georouting 988 text messages will ensure individuals who are deaf, hard
of hearing, or with a speech disability have access to local resources
and we conclude such requirements should be implemented without undue
delay. In addition to text-to-988, individuals who are deaf, hard of
hearing, or have a speech disability may contact the 988 Lifeline
through 988 Videophone by dialing 988 with a videophone number.
Expanding the scope of our rules to cover DVC may delay implementation
of this capability by imposing additional burdens on the Lifeline
Administrator and wireless providers as they continue to collaborate on
georouting solutions for text-to-988, as well as non-nationwide
providers continuing to work to implement georouting solutions for 988
calls. In order to avoid any resulting delays in the adoption of
georouting solutions for voice calls and texts to 988, we decline at
this time to expand the scope of this proceeding to include DVC.
49. 911-988 Interoperability. We received comments from BRETSA
urging us to consider issues pertaining to the interoperability between
the 988 Lifeline and 911 services. For example, BRETSA argues that
integrating 911 and the 988 Lifeline's systems may be necessary to
support the transfer of both emergency and non-emergency call and text
messages. As discussed above, we decline at this time to extend the
scope of our requirements to georouting solutions that leverage text-
to-911-based infrastructure and TCCs as intermediaries for routing
purposes. While we recognize the importance of effectively connecting
individuals to both 911 and 988, we find that proposals specifically
concerning 911-988 interoperability fall outside the scope of this
proceeding and therefore we decline to address them further here.
50. Cost Recovery. We decline to adopt RWA's proposal that we
establish ``a funding mechanism that could at least partly subsidize
the efforts of small rural non-nationwide CMRS providers.'' RWA
estimates that georouting solutions for 988 calls and text messages
could increase monthly subscriber costs for small rural non-nationwide
CMRS providers by $4.00 to $5.00 and asserts that one of its members
reported receiving an estimate of $2,000 to $2,500 per month for
implementation costs. RWA also asserts that Universal Service Fund
recipients ``must keep their pricing comparable'' to nationwide
providers, and argues that passing implementation costs onto customers
will cause competitive harm to small rural non-nationwide providers.
The Commission did not propose any cost recovery mechanisms in the 988
Georouting Second Further Notice or the 988 Georouting Third Further
Notice. Moreover, as explained below, we find that the benefits of the
text-to-988 georouting requirements we adopt today outweigh the costs
to covered text providers. To reduce any costs and burdens on non-
nationwide providers, we provide non-nationwide covered text providers
36 months to comply with our requirements, as specifically requested by
RWA. Additionally, we expect that our flexible, technology-neutral
approach will minimize costs and burdens on non-nationwide providers,
and we encourage them to collaborate with our federal partners at
SAMHSA to identify georouting solutions best suited for their networks.
F. Legal Authority
51. Consistent with our tentative conclusion in the 988 Georouting
Third Further Notice, we find that Title III of the Act and the 21st
Century Communications and Video Accessibility Act of 2010 (CVAA)
provide authority to adopt the rules we promulgate today. We note that
no commenter questioned this analysis.
As the United States Supreme Court has long recognized, Title III
grants the Commission a ``comprehensive mandate'' regarding regulation
of spectrum usage, and courts have routinely found that Title III
provides the Commission with ``broad authority to manage spectrum . . .
in the public interest.'' We find that requiring CMRS providers to
implement georouting for 988 text messages will likely accrue
significant public interest benefits by connecting text users with more
localized public safety and counseling resources that could save lives.
Therefore, we conclude that Title III provides sufficient authority for
the text-to-988 georouting rules we adopt today with respect to CMRS
providers.
52. We also find that the CVAA provides authority to require
interconnected text providers to implement georouting for 988 text
messages. 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, where achievable and technically
feasible.'' The Commission previously concluded in the Text-to-988
Second Report and Order that the 988 Lifeline constitutes an
``emergency network'' under the CVAA, and that text-to-988 provides
access to emergency services for individuals with disabilities,
including those with hearing or speech disabilities. We find that
georouting for 988 text messages will further improve access to the
Lifeline for people with disabilities. As the Accessibility
Organizations argue, text-to-988 georouting will ``advance access to
emergency services for people who are deaf, hard of hearing, and
speech-disabled.'' As explained above, the record demonstrates that
implementing the text-to-988 georouting requirements adopted in this
Fourth Report and Order will be both achievable and technically
feasible for covered text providers. We therefore conclude that the
CVAA provides additional authority for the rules we adopt today, and
the record reflects agreement with our analysis.
G. Benefits and Costs
53. We find that the benefits of text-to-988 georouting are far in
excess of expected implementation costs. We estimate that the suicide
mortality reduction benefits alone exceed the industry-wide
implementation costs of one solution identified in the record by a
factor of three. This estimate does not include the additional benefits
of reduced hospitalizations and emergency room visits, and improved
quality-of-life from the impact of our rules on a reduction in suicide
attempts, nor the unquantifiable benefits of sparing families and
communities from the
[[Page 44573]]
trauma of losing their loved ones. Below we discuss the expected
benefits and costs of our rules.
54. Benefits. In the 988 Georouting Third Further Notice, we
estimated that text-to-988 might generate a modest mortality-risk
reduction of 0.28 youth suicides annually, for which Americans would
collectively be willing to pay $3.5 million annually and a total of
$16.5 million over five years. The highly text-reliant youth population
was chosen to illustrate a lower-bound estimate of text-to-988
georouting benefits, which are likely to increase substantially when
mortality reductions for other demographic groups who may also text to
988 are considered. Upon review of the record and the full set of
available data, we revise our estimated annual benefits from $3.5
million to $4.75 million. Because 988 was in effect for the entirety of
calendar year 2023, we base our revised mortality-reduction benefits
estimate on the full year of available suicide data. We update two
assumptions for our benefits estimate. First, we reduce our estimate of
the fraction of youth 17-and-under who might text instead of call 988
from 50% to 33%. Second, we increase the estimate of youth suicide
victims to 1,604 based on the 2023 full-year data. Using the 14%
misrouting rate, these assumptions imply that a total of 75 (=1,604 x
0.14 x 33%) youth suicides among those 17-and-under were vulnerable to
misrouting. Approximately 3%, or 2.25 (=.03 x 1,604 x 0.14 x 33%), of
the youth who are vulnerable to misrouting could have benefited from a
locally tailored intervention, which the comment record indicates are
often either only available or more quickly available to those in
distress when summoned by a local crisis counselor. In short, local
interventions amount to time savings. Assuming proper georouting
resulted in a 17% reduction in mortality attributable to a one-minute
time savings from a faster-arriving, more effective emergency
intervention, we estimate that superior local, emergency interventions
could have reduced total suicide mortality by 0.38 (=0.17 x 0.03 x
1,604 x 0.14 x 33%) each year. While we do not attempt to place a value
on human life, we note that the amount consumers are willing to pay to
reduce mortality risk is approximately $12.5 million, using a
methodology developed by the U.S. Department of Transportation (DOT)
that we have relied on in past orders. We estimate the annual mortality
risk reduction for which society would be collectively willing to pay
is $4.75 million (=0.38 x $12.5 million). This revision reflects both a
downward adjustment based on record evidence indicating a lower
likelihood of texts to 988 from youth under 17, and an upward
adjustment resulting from the use of a complete year of youth suicide
mortality data. Our prior estimate was based on partial 2022 data and
therefore underestimated the full-year annual benefits.
55. CPAC offers two comments on the FCC's methodology for
estimating the benefits of text-to-988 georouting. First, CPAC raises
the possibility of benefits overestimation by cautioning that ``SAMHSA
reporting reveals that less than 2% of 988 Lifeline contacts require
emergency intervention or connection to emergency services. Contrary to
the FCC's assumption, [CPAC argues] SAMSHA data indicates that only a
very small fraction of calls made to 988 are likely to result in
suicide attempts.'' We disagree with CPAC's characterization of our
estimation. Contrary to its assertion, our analysis does not begin with
the pool of youths entertaining suicidal thoughts, known as suicidal
ideation, then fail to reduce that pool correctly to the 2% needing
emergency intervention. Rather, we begin with the substantially smaller
set of actual youth suicides--individuals who, by definition, would
have required emergency intervention and are therefore properly
included in SAMSHA's 2%--to derive our estimated reduction in suicide
mortality. Accordingly, we reject CPAC's assertion that our approach
overestimates benefits.
56. Second, CPAC correctly states that SMS text messaging accounts
for only 17% of all 988 exchanges. However, that fact alone does not
preclude youth under 17 from relying heavily on text-to-988 traffic
volume. Indeed, the AFSP-cited 2022 study found that ``over [three-
quarters] of texts to the Crisis Text Line in one 12-month period were
initiated by individuals under the age of 25.'' Moreover, data from Los
Angeles County's local 988 call center show that youth under 25 make up
31% of all 988 contacts and 60% of all 988 text message contacts. Using
Bayes' Theorem, we estimate that the probability of a young person
contacting the 988 Lifeline through text rather than call is between 33
and 41 percent. P(text [verbar] Age<25) = (P(Age<25 [verbar] text) *
P(text))/P(Age<25) = (60%*17%)/31% or (75%*17%)/31% = 33% or 41%,
depending on which statistic for P(Age<25 [verbar] text) is used.
Consequently, taking CPAC's argument into consideration, we adjust
downward our previous estimate of the likelihood of a person under 17
contacting the 988 Lifeline through text from 50% to 33% so as to be
conservative with our estimation of benefits. While our 33% estimate is
based on available data for youth under 25 rather than youth under 17,
we believe this approach is conservative as it is likely that youth
under 17 rely even more heavily on text messaging.
57. In another comment regarding our estimation methodology, which
partly rests on the Crisis Text Line's claim that 3% of 988 contacts
require a local emergency intervention, the Crisis Text Line clarifies
that it is not aware ``of evidence to support the assumption that
georouting for [text-to-988] would result in faster emergency service
responses to suicidal contacts, or a decreased number of completed
suicides'' or ``empirical evidence that connecting a texter with a
counselor in their local area would be more likely to save their lives
(or save more lives) than connecting them with counselors outside their
area with access to their local resources and/or national resources.''
Other commenters, however, proffer evidence as to the mortality-
reducing benefits of local interventions. Los Angeles County, the
country's most populous county with nearly 10 million people,
succinctly captures the life-threatening risks of not accessing local
interventions: ``[f]irst, residents connected to an out-of-area call
center may speak with an agent unfamiliar with local resources, such as
Psychiatric [Urgent Care Centers'] clinic appointments. Second, even if
the agent is familiar with the County's [specially trained] [Field
Intervention Team] program [which could be deployed to the caller's
location], the referral and response would be delayed since out-of-area
call centers do not have a direct referral process. Third, the
potential misrouting of calls can be damaging to our residents'
confidence in 988.'' NAMI polling found that ``52% of individuals are
more likely to contact 988 in a crisis if they are connected to a
crisis counselor in their state/local area.'' We therefore confirm our
previous assessment that local georouting not only enhances public
trust in 988, making those in distress more likely to call, but also
increases the effectiveness of interventions.
58. Text-to-988 confers other quantifiable benefits for which we
previously elected not to estimate a monetary value in the 988
Georouting Third Further Notice. The largest is the savings in medical,
lost-work, and lost-quality-of-life costs of suicide attempts. In 2023,
the 82,787 hospitalizations and 63,604 emergency department visits
necessitated by acts of self-harm committed by youth 17-and-under cost
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society a combined total of $7.95 billion in medical expenses, value of
lost work, and diminished quality of life. Although we cannot attribute
a precise reduction in suicide attempts to text-to-988 georouting, even
a modest one-in-one-thousand reduction in suicide attempts would yield
annual, societal cost savings of $7.95 million attributable to text-to-
988 georouting, which sums to a net present value of $36.4 million over
five years.
59. Finally, no discussion of the benefits of suicide reduction
would be complete without mentioning the vast, unquantifiable benefit
of sparing victims' families, friends, and communities the emotional
devastation of losing their youngest members to suicide. Losing youth
deprives communities of the future: In calendar year 2023 alone, the
1,604 suicides among youth 17-and-under resulted in a cumulative loss
of 79,884 years of life expectancy prior to the age of 65, typically
the most productive years for work, childbearing, and social
engagement--years whose absence is profoundly felt by their surviving
families, friends, and communities. Studies and data suggest that the
years prior to age 45 are the most fruitful in many ways. Between 2021
and 2023, peak average fertility for American women occurred between
the ages of 20 and 39. For men, mean paternal age is 30.9 years. The
literature on productivity suggests that work productivity peaks
between ages 35 and 44. Psychologists tell us that social networks, one
barometer of social engagement, plateau between the mid-20s and early
30s and continually decrease throughout adulthood and old age.
60. Costs. In the absence of conclusive cost data, the 988
Georouting Third Further Notice sought to resolve competing claims
about the cost and difficulty of implementing georouting solutions for
text-to-988. RWA responded that 988 georouting solutions, including
calls and texts, could cost RWA member carriers $4-$5 per subscriber
per month. The support for that cost estimate is one RWA member, which
reports receiving an estimate of $2,000-$2,500 per month to implement
988 georouting. RWA's cost anecdote raises several issues. First, RWA
commingles both voice-to-988 and text-to-988 georouting, obscuring the
individual cost of each georouting capability. Accurately assessing the
costs of each routing capability would require a disentangling of
costs. Second, RWA's cost estimate may not represent RWA's typical
member. The RWA member in question would have had only 500 subscribers
for the 988 georouting solution to average $4-$5 per subscriber per
month, placing this RWA member in RWA's smallest membership-size tier.
Larger carriers would enjoy the average-cost-reducing benefits of
scale. Finally, RWA's cost estimate fails to demonstrate a prohibitive
cost burden for wireless carriers overall, as certain vendors have
indicated that a large share of the costs would be fixed implementation
costs for facilities-based CMRS providers with a low marginal cost of
georouting an individual text. Number Resource
61. Utilization/Forecast data indicate that there are 57
facilities-based wireless carriers in the United States. Focusing on
facilities-based wireless carriers that would incur the costs of any
network upgrades provides a reasonable annual implementation cost
estimate of one available solution for the entire wireless industry of
$1.71 million (=$2,500x57x12). Even doubling this industry-wide
estimate for a single solution would still result in implementation
costs well below the expected benefits of our rules. In addition, the
compliance deadlines of 18 months for nationwide providers and 36
months for non-nationwide providers following the effective date of
this Fourth Report and Order will allow providers to manage
implementation costs.
62. Providers are currently developing viable text-to-988
georouting solutions. For example, CX360 states that it ``is already
collaborating with the Lifeline Administrator, wireless carriers and
other 988 stakeholders to develop and identify an appropriate text-to-
988 georouting solution.'' Many of these collaborations are voluntary.
Several commenters urge the Commission to refrain from prescribing the
specific text-to-988 georouting solution or the timing of its adoption.
Permitting flexibility makes the adoption of cost-effective text-to-988
solutions more likely. Without prescribing any single text-to-988
georouting solution, we find no evidence in the record to suggest that
the costs associated with implementing text-to-988 georouting solutions
are likely to be prohibitive. Indeed, the industry-wide text-to-988
implementation costs of one solution identified in the record are far
below the estimated benefits.
II. Final Regulatory Flexibility Analysis
63. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Federal Communications Commission (Commission)
incorporated an Initial Regulatory Flexibility Analysis (IRFA) in the
Implementation of the National Suicide Hotline Improvement Act of 2018
Third Further Notice of Proposed Rulemaking (988 Georouting Third
Further Notice), released in October 2024. The Commission sought
written public comment on the proposals in the 988 Georouting Third
Further Notice, including comment on the IFRA. The comments received
are addressed below. This Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA and it (or summaries thereof) will be published in
the Federal Register.
A. Need for, and Objectives of, the Rules
64. In the Fourth Report and Order, we require covered text
providers to develop and implement georouting solutions for 988 text
messages. Based on our review of the record, we find that requiring
providers to implement a georouting solution for 988 text messages is
essential to improving access to the Lifeline's critical mental health
crisis and suicide prevention services. The record overwhelming
supports the conclusion that georouting for 988 text messages will help
connect individuals with more geographically appropriate crisis centers
that may have a better understanding of available local resources and
unique community stressors. Additionally, as several commenters
emphasize, achieving routing parity with voice calls will help to
minimize inconsistencies in service quality that may discourage
individuals from seeking help, further increasing trust in the 988
Lifeline.
65. In the Fourth Report and Order, we adopt a two-part requirement
designed to enhance the Lifeline's ability to connect text users to
geographically appropriate crisis centers, while safeguarding the
critical privacy interests of individuals seeking life-saving
assistance. To enable routing of covered 988 text messages by the
Lifeline Administrator to the appropriate crisis center based on the
geographic area where the handset is located at the time the text
message is initiated, we require small and other covered text providers
to: (1) develop the capability to transmit georouting data in a format
that is compatible with the Lifeline's system; and (2) provide such
georouting data for 988 text messages, when available, to the Lifeline
Administrator. In adopting these rules, we support voluntary efforts to
identify and develop industry-based georouting solutions for 988 text
messages by providing a flexible, technology-neutral framework for our
requirements. In order to facilitate ongoing efforts to develop 988
text georouting capabilities, while providing
[[Page 44575]]
flexibility for smaller providers, we adopt an implementation time
frame of 18 months for nationwide providers, and 36 months for non-
nationwide providers.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
66. Comments regarding the impact of the rules on small entities
were filed by the Rural Wireless Association (RWA). RWA expressed
concerns that the Commission's proposed mandate to georoute 988 text
messages would disproportionately increase costs for small rural non-
nationwide Commercial Mobile Radio Service (CMRS) providers and
advocated for the Commission to allow non-nationwide providers to
implement georouting voluntarily. RWA further suggested that, should
the Commission decide to require providers to implement georouting for
988 text messages, the Commission should: ``(1) provide small rural
non-nationwide CMRS providers at least 36 months to comply with such
mandate; and (2) allocate funds to subsidize small rural non-nationwide
CMRS providers' efforts to comply with the mandate.'' The Fourth Report
and Order addresses RWA's comments by adopting a technology-neutral
framework and providing non-nationwide providers with 36 months to
comply with the georouting requirements, as specifically requested by
RWA. As discussed in section F below, the Commission declines to adopt
RWA's proposals to allow non-nationwide carriers to implement
georouting on a voluntary basis or to subsidize efforts for small
covered text providers to comply.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
67. 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 provide a detailed statement of any change made to the
proposed rules as a result of those comments. 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
68. 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 rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as under the Small
Business Act. 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.
69. 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 three
broad groups of small entities that could be directly affected by our
actions. First, while there are industry specific size standards for
small businesses that are used in the regulatory flexibility analysis,
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 34.75 million
businesses. Next, ``small organizations'' are not-for-profit
enterprises that are independently owned and operated and not dominant
their field. While we do not have data regarding the number of non-
profits that meet that criteria, over 99 percent of nonprofits have
fewer than 500 employees. Finally, ``small governmental jurisdictions''
are defined as cities, counties, towns, townships, villages, school
districts, or special districts with populations of less than fifty
thousand. Based on the 2022 U.S. Census of Governments data, we
estimate that at least 48,724 out of 90,835 local government
jurisdictions have a population of less than 50,000.
70. 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.
71. 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 2024 Universal Service
Monitoring Report, in 2023 there were 4,682 providers that reported
they were engaged in the provision of fixed local services. Of these
providers, the Commission estimates that 4,276 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.
72. 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, in 2023 there were 4,904 providers that reported
they were fixed local exchange service providers. Of these providers,
the Commission estimates that 4,493 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.
73. 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
[[Page 44576]]
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
2024 Universal Service Monitoring Report, in 2023 there were 1,175
providers that reported they were incumbent local exchange service
providers. Of these providers, the Commission estimates that 917
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.
74. 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
2024 Universal Service Monitoring Report, in 2023 there were 3,729
providers that reported they were competitive local service providers.
Of these providers, the Commission estimates that 3,576 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.
75. 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.
76. 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 2024 Universal
Service Monitoring Report, in 2023 there were 222 providers that
reported they were engaged in the provision of local resale services.
Of these providers, the Commission estimates that 217providers have
1,500 or fewer employees. Consequently, using the SBA's small business
size standard, most of these providers can be considered small
entities.
77. 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 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 2024 Universal
Service Monitoring Report, in 2023 there were 411 providers that
reported they were engaged in the provision of toll services. Of these
providers, the Commission estimates that 398 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.
78. 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
2024 Universal Service Monitoring Report, in 2023 there were 74
providers that reported they were engaged in the provision of other
toll services. Of these providers, the Commission estimates that 71
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.
79. 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
[[Page 44577]]
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 2024 Universal
Service Monitoring Report, in 2023 there were 47 providers that
reported they were engaged in the provision of prepaid card services.
Of these providers, the Commission estimates that 47 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.
80. 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 2024 Universal
Service Monitoring Report, in 2023 there were 585 providers that
reported they were engaged in the provision of wireless services. Of
these providers, the Commission estimates that 498 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.
81. 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.
82. 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.
83. 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. 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.
84. 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.
85. 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.
86. 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
[[Page 44578]]
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.
87. 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.
88. 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.
89. 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.
90. Additionally, according to Commission data on internet access
services as of June 30, 2024, nationwide there were approximately 2,204
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 2024 Communications Marketplace Report,
we believe that the majority of wireline internet access service
providers can be considered small entities.
91. 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.
92. Additionally, according to Commission data on internet access
services as of June 30, 2024, nationwide there were approximately 1,157
fixed wireless and 52 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, we
are not able to estimate the number of providers that would qualify as
small. However, based on data in the Commission's 2024 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.
93. 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.
E. Description of Economic Impact and Projected Reporting,
Recordkeeping and Other Compliance Requirements for Small Entities
94. The RFA directs agencies to describe the economic impact of the
adopted rules on small entities, as well as projected reporting,
recordkeeping and other compliance requirements, including an estimate
of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record.
95. The Fourth Report and Order adopts rules that require small and
other covered 988 text providers to implement georouting solutions for
988 text messages sent in Short Message Service (SMS) format.
Specifically, the Fourth Report and Order requires providers to develop
the capability to transmit georouting data in a format that is
compatible with the Lifeline system and to provide such georouting data
for 988 text messages, when available, to the Lifeline Administrator.
Small and other providers must provide georouting data with 988
messages sufficient to allow routing of the 988 text message by the
Lifeline Administrator to the appropriate crisis center based on the
[[Page 44579]]
geographic area where the handset is located at the time the 988 text
message is sent. The Fourth Report and Order adopts a definition of
georouting data consistent with that used in the Third Report and
Order, and requires wireless providers to aggregate location data
generated from cell-based location technology to a level that will not
identify the location of the cell site or base station receiving the
988 text message or otherwise identify the precise location of the
handset.
96. In the Third Further Notice, the Commission sought comment on
the costs and benefits of deploying georouting solutions for text-to-
988. We found issues with the cost estimates for small carriers
provided by RWA because the data is based on a single carrier and
commingles voice-to-988 and text-to-988 georouting. Nonetheless, in the
Fourth Report and Order we acknowledge the operational limitations of
small providers and the added cost georouting may impose, and sought to
minimize compliance burdens where practicable. The Fourth Report and
Order therefore, adopts technology-neutral rules that allow providers
the flexibility to leverage georouting solutions identified by the
Lifeline Administrator and industry partners. Additionally, the Fourth
Report and Order adopts an extended time frame for non-nationwide
providers, which includes smaller entities, to allow for more time to
identify and implement georouting solutions for text-to-988. Non-
nationwide covered text providers will have 36 months from the
effective date of the order to implement georouting solutions, while
nationwide covered text providers must comply within 18 months. The
Commission finds that the estimated mortality-reducing public safety
benefits resulting from the requirements adopted in the Fourth Report
and Order far outweigh the anticipated implementation costs.
F. Discussion of Steps Taken To Minimize the Significant Economic
Impact on Small Entities, and Significant Alternatives Considered
97. The RFA requires an agency to provide, ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities . . . including a statement of the factual, policy,
and legal reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
98. The Fourth Report and Order considers comments that argue
georouting solutions disproportionately impact small rural non-
nationwide providers. Specifically, RWA argues that any mandate to
require georouting for 988 text messages will have a disproportionately
negative impact on small rural non-nationwide providers and therefore
proposes several solutions which include: (1) voluntary implementation
requirements, (2) cost mitigation, and (3) an implementation time frame
of 36 months. The Commission acknowledges that small rural non-
nationwide providers face operational and financial limitations.
Therefore, we adopt rules that are designed to give covered providers,
which include small providers, the flexibility to determine the best
georouting solution to comply with these rules based on the needs of
the provider's network.
99. The Commission concludes that a wholly voluntary implementation
of georouting solutions undercuts the Commission's objective to deploy
the benefits of georouting for 988 text messages in a timely manner and
therefore declines to rely on voluntary implementation for small
entities. The record strongly demonstrates that georouting 988 text
message will provide significant benefits to individuals with
disabilities, disproportionately impacted populations, and rural
communities. Therefore, given the clear public interest benefits, we
find that deployment and implementation of georouting solutions for 988
text messages should not be optional.
100. Some commenters propose that 988 text messages be sent in
other formats and with precise location information. We consider but
decline to adopt proposals that would require georouting for Multimedia
Message Service (MMS) in favor of enabling the 988 Lifeline to leverage
current SMS technology while developing solutions that could adapt to
other messaging protocols in the future. The Commission also considers
but declines to require that precise location information be
transmitted with 988 text messages, and finds that aggregating location
data at county-level or wire center boundaries will better protect
users' privacy. Likewise, we decline to adopt proposals that would
bypass the Lifeline's routing platform or apply the text-to-988
georouting to the Lifeline's specialized service lines because the
record reflects that individual crisis centers have varied capability
in their ability to provide specialized services.
101. Further, the Commission declines to adopt RWA's proposed cost
recovery provisions that seek to mitigate implementation costs of
georouting 988 text messages. We expect that our flexible, technology-
neutral approach will minimize costs and burdens on non-nationwide
providers, and we encourage them to collaborate with our federal
partners at SAMHSA to identify georouting solutions best suited for
their networks. After consideration we additionally decline to adopt a
number of additional proposals that would require specific privacy and
cybersecurity requirements and informed consent mechanisms because they
would have the negative effect of discouraging users from contacting
the 988 Lifeline. We also decline to expand these rules to Direct Video
Calling (DVC) because doing so may result in implementation delays for
georouting solutions, and users who are who are deaf, hard of hearing,
or with a speech disability will benefit from having access to local
resources using text-to-988. In adopting these rules, we support
voluntary efforts to identify and develop industry-based georouting
solutions for 988 text messages by providing a flexible, technology-
neutral framework for our requirements.
102. To provide small rural non-nationwide providers with added
flexibility, the Commission adopts an implementation timeline of 36
months for non-nationwide providers, as proposed by RWA. This exceeds
the six-month timeline originally proposed in the 988 Georouting Third
Further Notice and is twice as long as the 18-month timeline for
nationwide providers. We anticipate the longer implementation timeline
will enable small providers sufficient time to absorb capital and
maintenance costs that are required to develop and implement georouting
solutions for 988 text messages.
G. Report to Congress
103. The Commission will send a copy of the Fourth Report and
Order, including this Final Regulatory Flexibility Analysis, in a
report to Congress pursuant to the Congressional Review Act. In
addition, the Commission will send a copy of the Fourth Report and
Order, including this Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the SBA and will publish a copy of the
Fourth Report and Order, and this Final Regulatory Flexibility Analysis
(or summaries thereof) in the Federal Register.
III. Procedural Matters
104. Paperwork Reduction Act. This document does not contain new or
substantively modified information collections subject to the Paperwork
[[Page 44580]]
Reduction Act of 1995 (PRA), 44 U.S.C. 3501-3521. 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,
44 U.S.C. 3506(c)(4).
105. 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 this Fourth Report and Order to Congress
and the Government Accountability Office pursuant to 5 U.S.C.
801(a)(1)(A).
IV. Ordering Clauses
106. Accordingly, it is ordered that, pursuant to sections 1, 2, 4,
301, 303, 307, 309(a), 316, 332 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154, 301, 303, 307, 309(a), 316, 332, and
section 106 of the Twenty-First Century Communications and Video
Accessibility Act of 2010, Public Law 111-260, 47 U.S.C. 615c, this
Fourth Report and Order is adopted.
107. It is further ordered that part 52 of the Commission's rules
is amended as set forth in Appendix A, and such rule amendment will
become effective 30 days after publication in the Federal Register.
108. It is further ordered that the Commission's Office of the
Secretary shall send a copy of this Fourth Report and Order, including
the Final Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
109. It is further ordered that the Office of the Managing
Director, Performance and Program Management, shall send a copy of this
Fourth Report and Order in a report to be sent to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 52
Communications common carriers, Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed 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.
0
2. Amend Sec. 52.201 by revising paragraph (b) to 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.
* * * * *
0
3. Add Sec. 52.203 to read as follows:
Sec. 52.203 Georouting of Text Messages to the National Suicide
Prevention and Mental Health Crisis Hotline.
(a) Georouting. All covered text providers must:
(1) Have the capability to provide georouting data for 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 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 988 text is initiated.
(2) Provide georouting data, when available, for covered 988 text
messages to the Lifeline Administrator sufficient to allow routing of
the 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 988 text message is initiated.
(b) Definitions. For the purposes of this section:
(1) Covered 988 text message has the same definition as found in
Sec. 52.201;
(2) Covered text provider has the same definition as found in Sec.
52.201;
(3) 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 text message or otherwise identify the precise location of the
handset.
(4) Lifeline Administrator has the same definition as found in
Sec. 52.202;
(5) Nationwide CMRS provider has the same definition as found in
Sec. 52.202; and
(6) Non-nationwide CMRS provider has the same definition as found
in Sec. 52.202.
(c) Compliance. (1) Covered text providers that are nationwide CMRS
providers shall provide georouting data for 988 text messages in
accordance with paragraph (a) of this section by 18 months after
October 16, 2025.
(2) All covered text providers, including non-nationwide CMRS
providers, shall provide georouting data for 988 text messages in
accordance with paragraph (a) of this section by 36 months after
October 16, 2025.
[FR Doc. 2025-17895 Filed 9-15-25; 8:45 am]
BILLING CODE 6712-01-P
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