The FCC has released an Order adopting the Wireless Resiliency Cooperative Framework, originally proposed by CTIA in April of 2016, in lieu of more restrictive regulations first proposed by the Bureau in 2013. On September 27, 2013, approximately one year after Superstorm Sandy devastated the northeast coastline of the United States, the FCC released a notice of proposed rulemaking seeking comment on proposed regulations that would, if adopted, require commercial wireless carriers to closely monitor and regularly report on the health and operational readiness of their networks. On April 27, 2016, CTIA filed with the Commission an ex parte presentation containing the Framework, which was designed and drafted by the country’s five largest wireless carriers: AT&T, Sprint, T-Mobile, US Cellular, and Verizon, together with CTIA – The Wireless Association. The carriers’ five prong Framework was intended to show that proactive collaboration by the country’s wireless service providers is a better solution than any uncoordinated, reactive process spawned by legislative action or inflexible Commission rules. The five prongs of the Framework include: (1) providing for reasonable roaming under disaster arrangements when technically feasible; (2) fostering mutual aid during emergencies; (3) enhancing municipal preparedness and restoration by convening with local government public safety representatives to develop best practices, and establish a carrier/PSAP contact database; (4) increasing consumer readiness and preparation through development and dissemination with consumer groups of a Consumer Readiness Checklist; and (5) improving public awareness and stakeholder communications on service and restoration status, through Commission posting of data on cell site outages on an aggregated, county-by-county basis in the impacted areas. The Commission’s Order found “the voluntary framework to be a reasonable approach to achieving the Commission’s stated goals in PS Docket No. 13-239, including promoting availability of wireless mobile services in the event of natural disasters and other emergencies and increasing provider transparency around wireless resiliency.” Because the Commission is expressly bypassing the promulgation of rules in this Order, there technically are no triggering events, carrier requirements and/or penalties for Framework non-compliance by any domestic wireless carrier. However, the Commission stated it would “continue to engage with wireless providers about the implementation of the voluntary framework…if necessary.”
