Rule2025-17899
Resilient Networks; Concerning Disruptions to Communications
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 16, 2025
Effective
September 16, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) adopts an Order on Reconsideration (Order) which grants in part, the Alliance for Telecommunications Industry Solutions' (ATIS's) petition for reconsideration of the Second Report and Order & Further Notice Proposed Rulemaking (FNPRM)--in which the Commission adopted certain rules governing Disaster Information Reporting System (DIRS) activations--to clarify what the Commission expects from providers during DIRS activations. Specifically, the Order clarifies the scope of the suspension of Network Outage Reporting System (NORS) reporting obligations during DIRS activations, thereby reducing filing burdens. The Commission otherwise denies ATIS's petition.
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<title>Federal Register, Volume 90 Issue 177 (Tuesday, September 16, 2025)</title>
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[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Rules and Regulations]
[Pages 44560-44564]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17899]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 4
[PS Docket Nos. 21-346 and 15-80; ET Docket No. 04-35, FCC 25-45; FR ID
311054]
Resilient Networks; Concerning Disruptions to Communications
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts an Order on Reconsideration (Order) which grants in
part, the Alliance for Telecommunications Industry Solutions' (ATIS's)
petition for reconsideration of the Second Report and Order & Further
Notice Proposed Rulemaking (FNPRM)--in which the Commission adopted
certain rules governing Disaster Information Reporting System (DIRS)
activations--to clarify what the Commission expects from providers
during DIRS activations. Specifically, the Order clarifies the
[[Page 44561]]
scope of the suspension of Network Outage Reporting System (NORS)
reporting obligations during DIRS activations, thereby reducing filing
burdens. The Commission otherwise denies ATIS's petition.
DATES: Effective September 16, 2025.
FOR FURTHER INFORMATION CONTACT: Jeanne Stockman, Attorney Advisor,
Cybersecurity and Communications Reliability Division, Public Safety
and Homeland Security Bureau, at (202) 418-7830, or
<a href="/cdn-cgi/l/email-protection#4f052a2e21212a611c3b202c24222e210f292c2c61282039"><span class="__cf_email__" data-cfemail="a9e3ccc8c7c7cc87faddc6cac2c4c8c7e9cfcaca87cec6df">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
on Reconsideration (Order), FCC 25-45, adopted August 4, 2025, and
released August 6, 2025. The full text of this document is available by
downloading the text from the Commission's website at: <a href="https://docs.fcc.gov/public/attachments/FCC-25-45A1.pdf">https://docs.fcc.gov/public/attachments/FCC-25-45A1.pdf</a>. The full text of this
document is available for public inspection and copying during regular
business hours in the FCC Reference Center, 45 L Street NE, Washington,
DC 20554. To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to <a href="/cdn-cgi/l/email-protection#682e2b2b5d585c280e0b0b460f071e"><span class="__cf_email__" data-cfemail="a9efeaea9c999de9cfcaca87cec6df">[email protected]</span></a> or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice). A Proposed Rule relating to 47
CFR part 4 is published elsewhere in this issue of the Federal
Register.
Procedural Matters
Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that an agency prepare a regulatory flexibility analysis for notice-
and-comment rulemaking proceedings, unless the agency certifies that
``the rule will not, if promulgated, have a significant economic impact
on a substantial number of small entities.'' Accordingly, the
Commission has prepared a Final Regulatory Flexibility Analysis (FRFA)
and Initial Regulatory Flexibility Analysis (IRFA) concerning possible
impact of the rule and policy changes contained in the Order on
Reconsideration on small entities concerning possible impact of the
rule and policy changes contained in the Order on Reconsideration on
small entities. The FRFA is set forth in Appendix C.
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 Order on
Reconsideration to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
Paperwork Reduction Act
This Order on Reconsideration does not contain proposed information
collections subject to the Paperwork 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).
Synopsis
In this Order, we grant, in part, ATIS's Petition for
Reconsideration and/or Clarification of the Second Report and Order.
The Second Report and Order codifies the suspension of NORS reporting
requirements when filers timely report outages in DIRS while DIRS is
activated. We clarify that when any NORS filing is due prior to the
first DIRS filing deadline, providers must submit that filing in NORS.
Requirements to submit NORS filings with deadlines that occur after the
deadline for the first DIRS filing deadline are waived so long as the
outage is timely reported in DIRS. We otherwise deny the petition.
Specifically, we decline ATIS's request to clarify that the waiver of
NORS reporting during DIRS activations extends to 911 and 988 special
facility notifications. We reaffirm that the final rules that the
Commission adopted in the Second Report and Order regarding the waiver
of NORS reporting during DIRS activations serve the public interest. We
dispose of the other issues raised in ATIS's petition, concerning DIRS
final reports and extending the NORS reporting waiver to DIRS-Lite
activations, pursuant to Sec. 1.429(b). These arguments were not
raised in response to the 2021 Resilient Networks NPRM, and we do not
believe that consideration of ATIS's arguments on these points is
required in the public interest, as necessary for us to address an
issue that was not raised during the proceeding for which
reconsideration is sought. We nonetheless seek comment on these issues
in the Third Further Notice to more fully consider alternatives in
response to the points ATIS raises.
A. Clarifying the Situations in Which NORS Reporting Is Waived
We clarify our outage reporting requirements for outages that occur
in the same geographic area as a DIRS activation. In these
circumstances, providers must file in NORS if the required filing will
become due prior to the first DIRS filing deadline of the activation.
Requirements to submit any NORS filings with deadlines that occur after
the first DIRS filing deadline will be waived as long as the outages
are timely reported in DIRS. If the first DIRS filing deadline occurs
before the NORS notification is due, then the provider may file solely
in DIRS. This waiver does not apply to outages occurring outside of the
geographic area where DIRS is activated, nor does it apply to outages
with notification deadlines that occur after DIRS is deactivated. All
outage impacts that are not timely reported in DIRS must still be
reported in NORS. We believe the clarity we provide today will serve
the public interest by confirming reporting obligations in those
limited circumstances when an outage occurs, in ATIS's phrasing, ``just
prior to'' a DIRS activation. This clear demarcation defining when NORS
reports must be filed for outages occurring ``just prior'' to a DIRS
activation will remove any potential uncertainty among providers. We
agree with ATIS that by providing greater certainty regarding how the
NORS waiver is to be applied, this waiver will be more effective at
reducing filing burdens during emergencies.
We deny ATIS's request to clarify that NORS filers be allowed to
withdraw notifications or reports that are filed in NORS before the
first DIRS filing deadline solely because DIRS has been activated in
the area of the outage. ATIS suggests that without this clarification,
the Commission may receive ``duplicative outage reports for the same
disaster.'' We find that the benefit of maintaining the NORS report on
file outweighs any burden of potentially receiving duplicative reports.
Maintaining the NORS report on file allows the Commission to retain a
record that the provider satisfied its obligation. Additionally,
allowing withdrawals solely in response to a DIRS activation would not
reduce any reporting burden to communications service providers, as the
effort to create and submit a NORS report would have already been
expended (and withdrawing a NORS report would arguably expend
additional provider resources). Further, withdrawing a NORS report
would deprive the Commission of potentially useful information that is
not collected in DIRS, such as the outage start time. To be clear, we
do not preclude
[[Page 44562]]
communications service providers from withdrawing NORS reports if there
are other reasons in addition to the activation of DIRS that support
withdrawal (e.g., the outage is determined not to meet the NORS
reporting threshold). But absent some other reason justifying
withdrawal in addition to a DIRS activation, we find that the public
interest is best served by maintaining such NORS reports on file and
therefore decline ATIS's request.
B. 911 and 988 Special Facility Notifications
We decline ATIS's request to clarify that the NORS reporting waiver
during DIRS activations applies to 911 and 988 special facility outage
notification requirements because ATIS's request is both procedurally
and substantively infirm. With respect to the procedural soundness of
ATIS's request for clarification, we agree with APCO that ATIS's
argument is procedurally barred because ATIS failed to present it to
the Commission at the appropriate juncture. ATIS does not dispute that
its comments and reply in response to the 2021 Resilient Networks NPRM
failed to request that the Commission extend its proposed NORS waiver
to include special facility notification requirements, but asserts that
its argument is nonetheless timely because some special facility
notification requirements stem from subsequent Commission orders on 911
and 988 reporting that post-date the 2021 Resilient Networks NPRM.
While it is true that the Commission adopted additional 911 and 988
special facility outage notification obligations following issuance of
the 2021 Resilient Networks NPRM, substantially similar 911 special
facility outage notification rules have been codified in the
Commission's rules for several years. Since 2004, originating providers
of cable communications, wireless, satellite communications, and
wireless service have been required to notify a 911 special facility
``as soon as possible'' whenever an outage potentially affects that 911
special facility. In 2013, the Commission expanded this 911 special
facility notification requirement to ``covered 911 service providers''
and imposed more specific requirements on the timing and content of
those notifications. Thus, although the Commission took further
incremental steps to refine the timing for delivery of those
notifications in the November 2022 911 Outage Notification Order and
expanded their application to the 988 context in the July 2023 988
Outage Notification Order, the special facility notification
requirements were a longstanding component of the Commission's rules
when ATIS submitted its comments and reply in response to the 2021
Resilient Networks NPRM. ATIS therefore cannot satisfy the requirement
under the rules of establishing that it did not know, and could not
have ascertained with ordinary diligence, its argument about waiving
911 and 988 special facility notification requirements when DIRS is
activated until it filed its petition in May 2024. We therefore decline
to consider this argument on procedural grounds.
On alternative and independent grounds, we deny ATIS's
clarification request because it raises public interest concerns that
cannot be overcome by the purported benefits that ATIS claims. To
justify its request, ATIS asserts that this clarification ``will better
satisfy the purpose of the waiver'' and ``reduce the burden on
providers during major disasters. . . .'' APCO cites ``substantive
concerns'' with ATIS's request, noting that the special facility outage
notifications provide ``a degree of situational awareness that is
qualitatively different from the information available in DIRS[]'' and
``are much more likely to enable PSAP/ECC personnel to recognize the
impacts on their community'' and take prompt responsive action.
Contrary to ATIS and CTIA's contentions that these notifications are
unnecessary, DIRS daily reports are not an adequate substitute for the
outage notifications to 911 and 988 special facilities required by our
rules. ATIS is incorrect when it asserts that PSAPs can access DIRS
data directly pursuant to the Commission's information sharing rules
with state and federal governments under section 4.2. PSAPs generally
would not qualify for such access because they are not state agencies.
While we expect that PSAPs would derive value from the aggregated DIRS
daily reports made publicly available during disaster events, outage
notifications made directly to PSAPs are more timely than those
provided through DIRS daily reports and provide more specific
information including the identity of the service provider experiencing
the outage. Moreover, while we recognize that there is some burden in
preparing and submitting these notifications, we believe that burden is
outweighed by the situational awareness these notifications will afford
911 and 988 special facilities in times of disaster when emergency
services are needed most. For example, when 911 special facilities
receive notification of an outage within 30 minutes, as required under
the notification rules, they are able to timely publicize alternative
methods for contacting emergency services. In contrast, DIRS reports
must be submitted only once per day, and the information they contain
could therefore be less up-to-date. To foster continued realization of
these important public safety benefits, we deny ATIS's request for
clarification and confirm that providers must continue to comply with
applicable 911 and 988 outage notification requirements during DIRS
activations.
Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), the Commission incorporated an Initial Regulatory Flexibility
Analysis (IRFA) in the 2021 Resilient Networks Notice of Proposed
Rulemaking (NPRM), released in October 2021, and in the Second Report
and Order & Further Notice of Proposed Rulemaking (Second Report and
Order & FNPRM), released in January 2024. The Commission sought written
public comment on the proposals in the 2021 Resilient Networks NPRM and
the Second Report and Order & FNPRM, including comment on the IRFAs. No
comments were filed addressing the IRFAs. 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 Objective of, the Proposed Rules
In today's Order on Reconsideration (Order), the Commission
addresses the Alliance for Telecommunications Industry Solutions'
(ATIS's) petition for reconsideration of the Second Report and Order &
FNPRM clarifying how the waiver of Network Outage Reporting System
(NORS) reports will apply during Disaster Information Reporting System
(DIRS) activations when outages occur in the same geographic area as a
DIRS activation, to outages for which notifications or initial reports
have already been filed in NORS, and to the Commission's Public Safety
Answering Points (PSAPs) and 988 Suicide & Crisis Lifeline notification
requirements. We clarify that when any NORS filing is due prior to the
first DIRS filing deadline, providers must submit that filing in NORS.
Requirements to submit NORS filings with deadlines that occur after the
deadline for the first DIRS filing deadline are waived so long as the
outage is timely reported in DIRS. The Commission believes this clarity
will serve the public interest by providing certainty to service
providers regarding their outage reporting obligations.
[[Page 44563]]
We decline to extend the NORS reporting waiver to the Commission's
PSAP and 988 Suicide & Crisis Lifeline notification requirements for
procedural and substantive reasons. We find this request for
clarification is beyond the scope of the Second Report and Order &
FNPRM because neither the 2021 Resilient Networks NPRM nor the Second
Report and Order & FNPRM contemplated waiving these notifications, and
because granting this relief would be contrary to the public interest
as it would deprive public safety stakeholders of timely information
about service outages.
In the Third Further Notice accompanying the Order on
Reconsideration, the Commission seeks comment on the remaining issues
raised in the underlying petition for reconsideration. Specifically, we
seek comment on whether the NORS filing waiver should apply to DIRS-
Lite activations and whether DIRS final reporting obligations should be
eliminated. These issues will be addressed based on the record from the
Third Further Notice.
B. Legal Basis
This action is authorized pursuant to sections 1, 4, 201, 214, 218,
251, 301, 303(b), 303(g), 303(j), 303(r), 307, 309, 316, 332, and 403,
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 201,
214, 218, 251, 301, 303(b), 303(g), 303(j), 303(r), 307, 309, 316, 332,
403, sections 2, 3(b), and 6-7 of the Wireless Communications and
Public Safety Act of 1999, 47 U.S.C. 615 note, 615, 615a-1, 615b, and
section 1.429 of the Commission's rules, 47 CFR 1.429.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
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.
The actions taken in the Order will apply to a substantial number
of small entities in the following industries: All Other
Telecommunications, Media Streaming Distribution Services, Social
Networks, and Other Media Networks and Content Providers; Radio
Stations; Satellite Telecommunications; Telecommunications Resellers;
Television Broadcasting; Wired Telecommunications Carriers; and
Wireless Telecommunications Carriers (except Satellite). Affected
entities within these identified industries include: Competitive Local
Exchange Carriers; Incumbent Local Exchange Carriers; Local Exchange
Carriers; Wired Telecommunications Carriers; Interexchange Carriers;
Operator Service Providers; Local Resellers; Toll Resellers;
Telecommunications Resellers; Wireless Telecommunications Carriers
(except Satellite); Specialized Mobile Radio Licenses; and Wireless
Telephony.
D. Description of Economic Impact and Projected Reporting,
Recordkeeping, and Other Compliance Requirements for Small Entities
The requirements in the Order will not impose new or modified
reporting, recordkeeping and/or other compliance obligations on small
entities. The Order clarifies the timing of outage reports and
situations in which NORS reporting is waived. Providing a clear
demarcation defining when NORS reports must be filed for outages
occurring ``just prior'' to a DIRS activation will remove any potential
filing requirements uncertainty for small and other providers. Further,
the certainty provided by the Commission's clarification of how the
NORS waiver is to be applied should reduce filing burdens during
emergencies for small and other providers. The Order will not impose
additional obligations or expenditure of resources on small businesses,
and our clarifications should not require small entities to hire
professionals.
E. Response to Comments From the Chief Counsel for Advocacy of the
Small Business Administration
The Chief Counsel for Advocacy of the Small Business Administration
did not file any comments in response to the proposed rules in this
proceeding.
F. Discussion of Steps Taken To Minimize the Significant Economic
Impact on Small Entities, and Significant Alternatives Considered
The Commission in the Order considered and denied ATIS's request
for clarification that NORS filers be allowed to withdraw notifications
or reports that are filed in NORS before the first DIRS filing deadline
solely because DIRS has been activated in the area of the outage. We
also considered and denied ATIS's request to clarify that the NORS
reporting waiver applies to 911 and 988 special facility outage
notification requirements, and confirm that small and other providers
must continue to comply with applicable 911 and 988 outage notification
requirements during DIRS activations.
Ordering Clauses
Accordingly, it is ordered that the Order on Reconsideration in PS
Docket Nos. 21-346 and 15-80 and ET Docket No. 04-35 is adopted and the
Alliance for Telecommunications Industry Solutions' Petition for
Clarification and/or Reconsideration is granted as discussed herein and
otherwise denied.
It is further ordered that the Office of Managing Director,
Performance Program Management, shall send a copy of this Order on
Reconsideration in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).
It is further ordered that this Order on Reconsideration shall be
effective upon publication in the Federal Register.
List of Subjects in 47 CFR Part 4
Airports, Communications common carriers, Communications equipment,
[[Page 44564]]
Reporting and recordkeeping requirements, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 4 as follows:
PART 4--DISRUPTIONS TO COMMUNICATIONS
0
1. The authority citation for part 4 continues to read as follows:
Authority: 47 U.S.C. 34-39, 151, 154, 155, 157, 201, 251, 307,
316, 615a-1, 1302(a), and 1302(b); 5 U.S.C. 301, and Executive Order
no. 10530.
0
2. Amend Sec. 4.18 by revising paragraph (b) to read as follows:
Sec. 4.18 Mandatory Disaster Information Reporting System (DIRS)
reporting for Cable Communications, Wireless, Wireline, and VoIP
providers.
* * * * *
(b) Facilities-based cable communications, wireline communications,
wireless service, and interconnected VoIP providers who provide a DIRS
report pursuant to paragraph (a) of this section are not required to
make submissions in the Network Outage Reporting System (NORS) under
this chapter pertaining to any outage that occurs in an area in which
the Commission has activated DIRS, as long as the first daily DIRS
report for the activation is due before the NORS submission under
section 4.9 of this chapter would be due for the outage, and the outage
is timely reported in DIRS. Subject providers shall be notified that
DIRS is activated and deactivated pursuant to Public Notice from the
Commission and/or the Public Safety and Homeland Security Bureau.
[FR Doc. 2025-17899 Filed 9-15-25; 8:45 am]
BILLING CODE 6712-01-P
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