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   Home Page > Executive Branch > Code of Federal Regulations > Electronic Code
   of Federal Regulations

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                e-CFR Data is current as of October 1, 2007

   Title 47: Telecommunication

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PART 4—DISRUPTIONS TO COMMUNICATIONS
   ___________________________________

   Section Contents
   General
   § 4.1   Scope, basis and purpose.
   § 4.2   Availability of reports filed under this part.
   Reporting Requirements for Disruptions to Communications
   § 4.3   Communications providers covered by the requirements of this part.
   § 4.5   Definitions of outage, special offices and facilities, and 911
   special facilities.
   § 4.7   Definitions   of   metrics   used  to  determine  the  general
   outage-reporting threshold criteria.
   § 4.9   Outage reporting requirements—threshold criteria.
   § 4.11   Notification and initial and final communications outage reports
   that must be filed by communications providers.
   § 4.13   Reports by the National Communications System (NCS) and by special
   offices and facilities, and related responsibilities of communications
   providers.
   ___________________________________

   Authority:   47 U.S.C. 151, 154(i), 154(j), 154(o), 218, 219, 230, 256, 301,
   302(a), 303(f), 303(g), 303(j), 303(r), 403, 621(b)(3), and 621(d), unless
   otherwise noted.

   Source:    69 FR 70338 , Dec. 3, 2004, unless otherwise noted.

General

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§ 4.1   Scope, basis and purpose.

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   In  this  part, the Federal Communications Commission is setting forth
   requirements pertinent to the reporting of disruptions to communications and
   to the reliability and security of communications infrastructures.

§ 4.2   Availability of reports filed under this part.

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   Reports filed under this part will be presumed to be confidential. Public
   access to reports filed under this part may be sought only pursuant to the
   procedures set forth in 47 CFR §0.461. Notice of any requests for inspection
   of outage reports will be provided pursuant to 47 CFR 0.461(d)(3).

Reporting Requirements for Disruptions to Communications

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§ 4.3   Communications providers covered by the requirements of this part.

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   (a) Cable communications providers are cable service providers that also
   provide  circuit-switched  telephony. Also included are affiliated and
   non-affiliated entities that maintain or provide communications networks or
   services used by the provider in offering telephony.

   (b) Communications provider is an entity that provides for a fee to one or
   more  unaffiliated  entities, by radio, wire, cable, satellite, and/or
   lightguide: two-way voice and/or data communications, paging service, and/or
   SS7 communications.

   (c)  IXC  or  LEC tandem facilities refer to tandem switches (or their
   equivalents)  and  interoffice  facilities  used  in  the provision of
   interexchange or local exchange communications.

   (d) Satellite communications providers use space stations as a means of
   providing the public with communications, such as telephony and paging. Also
   included are affiliated and non-affiliated entities that maintain or provide
   communications networks or services used by the provider in offering such
   communications. “Satellite operators” refer to entities that operate space
   stations but do not necessarily provide communications services directly to
   end users.

   (e)  Signaling  System  7  (SS7) is a signaling system used to control
   telecommunications networks. It is frequently used to “set up,” process,
   control, and terminate circuit-switched telecommunications, including but
   not limited to domestic and international telephone calls (irrespective of
   whether  the call is wholly or in part wireless, wireline, local, long
   distance, or is carried over cable or satellite infrastructure), SMS text
   messaging services, 8XX number type services, local number portability, VoIP
   signaling  gateway services, 555 number type services, and most paging
   services.  For  purposes of this rule part, SS7 refers to both the SS7
   protocol and the packet networks through which signaling information is
   transported and switched or routed. It includes future modifications to the
   existing SS7 architecture that will provide the functional equivalency of
   the SS7 services and network elements that exist as of August 4, 2004. SS7
   communications  providers are subject to the provisions of this part 4
   regardless of whether or not they provide service directly to end users.
   Also  subject  to  part 4 of the Commission's rules are affiliated and
   non-affiliated entities that maintain or provide communications networks or
   services used by the SS7 provider in offering SS7 communications.

   (f) Wireless service providers include Commercial Mobile Radio Service
   communications providers that use cellular architecture and CMRS paging
   providers. In particular, they include Cellular Radio Telephone Service
   (part 22 of the Commission's Rules) providers; Personal Communications
   Service (PCS) (part 24) providers; those Special Mobile Radio Service (part
   90) providers that meet the definition of “covered CMRS” providers pursuant
   to §§20.18(a), 52.21, and 52.31 of the Commission's rules, those private
   paging (part 90) providers that are treated as CMRS providers ( see §20.9 of
   this chapter); and narrowband PCS providers (part 24) of this chapter. Also
   included are affiliated and non-affiliated entities that maintain or provide
   communications networks or services used by the provider in offering such
   communications.

   (g) Wireline communications providers offer terrestrial communications
   through  direct connectivity, predominantly by wire, coaxial cable, or
   optical  fiber,  between the serving central office (as defined in the
   appendix to part 36 of this chapter) and end user location(s). Also included
   are  affiliated  and  non-affiliated entities that maintain or provide
   communications networks or services used by the provider in offering such
   communications.

   (h) Exclusion of equipment manufacturers or vendors . Excluded from the
   requirements of this part 4 are those equipment manufacturers or vendors
   that do not maintain or provide communications networks or services used by
   communications providers in offering communications.

§ 4.5   Definitions of outage, special offices and facilities, and 911 special
facilities.

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   (a) Outage is defined as a significant degradation in the ability of an end
   user to establish and maintain a channel of communications as a result of
   failure or degradation in the performance of a communications provider's
   network.

   (b)  Special  offices  and  facilities  are  defined as major military
   installations, key government facilities, nuclear power plants, and those
   airports that are listed as current primary (PR), commercial service (CM),
   and reliever (RL) airports in the FAA's National Plan of Integrated Airports
   Systems (NPIAS) (as issued at least one calendar year prior to the outage).
   The  member  agencies of the National Communications System (NCS) will
   determine which of their locations are “major military installations” and
   “key government facilities.” 911 special facilities are addressed separately
   in paragraph (e) of this section.

   (c) All outages that potentially affect communications for at least 30
   minutes with any airport that qualifies as a “special office and facility”
   pursuant to the preceding paragraph shall be reported in accordance with the
   provisions of §§4.11 and 4.13.

   (d)  A mission-affecting outage is defined as an outage that is deemed
   critical to national security/emergency preparedness (NS/EP) operations of
   the affected facility by the National Communications System member agency
   operating the affected facility.

   (e)  An  outage that potentially affects a 911 special facility occurs
   whenever:

   (1) There is a loss of communications to PSAP(s) potentially affecting at
   least 900,000 user-minutes and: The failure is neither at the PSAP(s) nor on
   the premises of the PSAP(s); no reroute for all end users was available; and
   the outage lasts 30 minutes or more; or

   (2) There is a loss of 911 call processing capabilities in one or more E–911
   tandems/selective routers for at least 30 minutes duration; or

   (3)  One or more end-office or MSC switches or host/remote clusters is
   isolated from 911 service for at least 30 minutes and potentially affects at
   least 900,000 user-minutes; or

   (4) There is a loss of ANI/ALI (associated name and location information)
   and/or a failure of location determination equipment, including Phase II
   equipment,  for at least 30 minutes and potentially affecting at least
   900,000 user-minutes (provided that the ANI/ALI or location determination
   equipment was then currently deployed and in use, and the failure is neither
   at the PSAP(s) or on the premises of the PSAP(s)).

§ 4.7   Definitions of metrics used to determine the general outage-reporting
threshold criteria.

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   (a) Administrative numbers are defined as the telephone numbers used by
   communications providers to perform internal administrative or operational
   functions necessary to maintain reasonable quality of service standards.

   (b) Assigned numbers are defined as the telephone numbers working in the
   Public Switched Telephone Network under an agreement such as a contract or
   tariff at the request of specific end users or customers for their use. This
   excludes numbers that are not yet working but have a service order pending.

   (c) Assigned telephone number minutes are defined as the mathematical result
   of multiplying the duration of an outage, expressed in minutes, by the sum
   of the number of assigned numbers (defined in paragraph (b) of this section)
   potentially affected by the outage and the number of administrative numbers
   (defined in paragraph (a) of this section) potentially affected by the
   outage. “Assigned telephone number minutes” can alternatively be calculated
   as  the  mathematical result of multiplying the duration of an outage,
   expressed in minutes, by the number of working telephone numbers potentially
   affected by the outage, where working telephone numbers are defined as the
   telephone numbers, including DID numbers, working immediately prior to the
   outage.

   (d) DS3 minutes are defined as the mathematical result of multiplying the
   duration of an outage, expressed in minutes, by the number of previously
   operating DS3 circuits that were affected by the outage.

   (e) User minutes are defined as:

   (1) Assigned telephone number minutes (as defined in paragraph (c) of this
   section),  for  telephony  and for those paging networks in which each
   individual user is assigned a telephone number;

   (2)  The mathematical result of multiplying the duration of an outage,
   expressed in minutes, by the number of end users potentially affected by the
   outage, for all other forms of communications.

   (f) Working telephone numbers are defined to be the sum of all telephone
   numbers that can originate, or terminate telecommunications. This includes,
   for example, all working telephone numbers on the customer's side of a PBX,
   or Centrex, or similar arrangement.

§ 4.9   Outage reporting requirements—threshold criteria.

   top

   (a) Cable. All cable communications providers shall submit electronically a
   Notification to the Commission within 120 minutes of discovering that they
   have  experienced  on any facilities that they own, operate, lease, or
   otherwise utilize, an outage of at least 30 minutes duration that:

   (1) Potentially affects at least 900,000 user minutes of telephony service;

   (2) Affects at least 1,350 DS3 minutes;

   (3) Potentially affects any special offices and facilities (in accordance
   with paragraphs (a) through (d) of §4.5); or

   (4) Potentially affects a 911 special facility (as defined in paragraph (e)
   of §4.5), in which case they also shall notify, as soon as possible by
   telephone or other electronic means, any official who has been designated by
   the management of the affected 911 facility as the provider's contact person
   for communications outages at that facility, and they shall convey to that
   person all available information that may be useful to the management of the
   affected facility in mitigating the effects of the outage on callers to that
   facility. (DS3 minutes and user minutes are defined in paragraphs (d) and
   (e) of §4.7.) Not later than 72 hours after discovering the outage, the
   provider shall submit electronically an Initial Communications Outage Report
   to the Commission. Not later than thirty days after discovering the outage,
   the provider shall submit electronically a Final Communications Outage
   Report to the Commission. The Notification and the Initial and Final reports
   shall comply with all of the requirements of §4.11.

   (b)  IXC  or  LEC  tandem facilities. In the case of IXC or LEC tandem
   facilities, providers must, if technically possible, use real-time blocked
   calls  to determine whether criteria for reporting an outage have been
   reached. Providers must report IXC and LEC tandem outages of at least 30
   minutes duration in which at least 90,000 calls are blocked or at least
   1,350 DS3-minutes are lost. For interoffice facilities which handle traffic
   in both directions and for which blocked call information is available in
   one direction only, the total number of blocked calls shall be estimated as
   twice the number of blocked calls determined for the available direction.
   Providers may use historic carried call load data for the same day(s) of the
   week and the same time(s) of day as the outage, and for a time interval not
   older than 90 days preceding the onset of the outage, to estimate blocked
   calls whenever it is not possible to obtain real-time blocked call counts.
   When using historic data, providers must report incidents where at least
   30,000 calls would have been carried during a time interval with the same
   duration of the outage. (DS3 minutes are defined in paragraph (d) of §4.7.)
   In situations where, for whatever reason, real-time and historic carried
   call  load data are unavailable to the provider, even after a detailed
   investigation, the provider must determine the carried call load based on
   data obtained in the time interval between the onset of the outage and the
   due date for the final report; this data must cover the same day of the
   week,  the  same  time  of  day,  and the same duration as the outage.
   Justification that such data accurately estimates the traffic that would
   have been carried at the time of the outage had the outage not occurred must
   be  available on request. If carried call load data cannot be obtained
   through any of the methods described, for whatever reason, then the provider
   shall report the outage.

   (c) Satellite. (1) All satellite operators shall submit electronically a
   Notification to the Commission within 120 minutes of discovering that they
   have  experienced  on any facilities that they own, operate, lease, or
   otherwise  utilize,  of an outage of at least 30 minutes duration that
   manifests itself as a failure of any of the following key system elements:
   One or more satellite transponders, satellite beams, inter-satellite links,
   or entire satellites. In addition, all Mobile-Satellite Service (“MSS”)
   satellite  operators shall submit electronically a Notification to the
   Commission within 120 minutes of discovering that they have experienced on
   any facilities that they own, operate, lease, or otherwise utilize, of an
   outage of at least 30 minutes duration that manifests itself as a failure of
   any gateway earth station, except in the case where other earth stations at
   the gateway location are used to continue gateway operations within 30
   minutes of the onset of the failure.

   (2) All satellite communications providers shall submit electronically a
   Notification to the Commission within 120 minutes of discovering that they
   have  experienced  on any facilities that they own, operate, lease, or
   otherwise utilize, an outage of at least 30 minutes duration that manifests
   itself as:

   (i)  A  loss  of  complete  accessibility to at least one satellite or
   transponder;

   (ii) A loss of a satellite communications link that potentially affects at
   least 900,000 user-minutes (as defined in §4.7(d)) of either telephony
   service or paging service;

   (iii)  Potentially  affecting  any  special offices and facilities (in
   accordance with paragraphs (a) through (d) of §4.5) other than airports; or

   (iv) Potentially affecting a 911 special facility (as defined in (e) of
   §4.5),  in  which  case they also shall notify, as soon as possible by
   telephone or other electronic means, any official who has been designated by
   the management of the affected 911 facility as the provider's contact person
   for communications outages at that facility, and they shall convey to that
   person all available information that may be useful to the management of the
   affected facility in mitigating the effects of the outage on callers to that
   facility.

   (3) Not later than 72 hours after discovering the outage, the operator
   and/or provider shall submit electronically an Initial Communications Outage
   Report to the Commission. Not later than thirty days after discovering the
   outage, the operator and/or provider shall submit electronically a Final
   Communications Outage Report to the Commission.

   (4) The Notification and the Initial and Final reports shall comply with all
   of the requirements of §4.11.

   (5) Excluded from these outage-reporting requirements are those satellites,
   satellite  beams,  inter-satellite  links, MSS gateway earth stations,
   satellite  networks,  and  transponders  that are used exclusively for
   intra-corporate or intra-organizational private telecommunications networks,
   for the one-way distribution of video or audio programming, or for other
   non-covered services (that is, when they are never used to carry common
   carrier voice or paging communications).

   (d) Signaling system 7. Signaling System 7 (SS7) providers shall submit
   electronically  a Notification to the Commission within 120 minutes of
   discovering that they have experienced on any facilities that they own,
   operate,  lease, or otherwise utilize an outage of at least 30 minutes
   duration that is manifested as the generation of at least 90,000 blocked
   calls based on real-time traffic data or at least 30,000 lost calls based on
   historic carried loads. In cases where a third-party SS7 provider cannot
   directly estimate the number of blocked calls, the third-party SS7 provider
   shall use 500,000 real-time lost MTP messages as a surrogate for 90,000
   real-time blocked calls, or 167,000 lost MTP messages on a historical basis
   as  a surrogate for 30,000 lost calls based on historic carried loads.
   Historic  carried  load  data  or the number of lost MTP messages on a
   historical basis shall be for the same day(s) of the week and the same
   time(s) of day as the outage, and for a time interval not older than 90 days
   preceding the onset of the outage. In situations where, for whatever reason,
   real-time and historic data are unavailable to the provider, even after a
   detailed investigation, the provider must determine the carried load based
   on data obtained in the time interval between the onset of the outage and
   the due date for the final report; this data must cover the same day of the
   week and the same time of day as the outage. If this cannot be done, for
   whatever reason, the outage must be reported. Justification that such data
   accurately estimates the traffic that would have been carried at the time of
   the  outage  had the outage not occurred must be available on request.
   Finally, whenever a pair of STPs serving any communications provider becomes
   isolated  from  a  pair  of  interconnected  STPs that serve any other
   communications provider, for at least 30 minutes duration, each of these
   communications providers shall submit electronically a Notification to the
   Commission within 120 minutes of discovering such outage. Not later than 72
   hours  after  discovering  the  outage,  the  provider(s) shall submit
   electronically an Initial Communications Outage Report to the Commission.
   Not later than thirty days after discovering the outage, the provider(s)
   shall submit electronically a Final Communications Outage Report to the
   Commission. The Notification and the Initial and Final reports shall comply
   with all of the requirements of §4.11.

   (e) Wireless. All wireless service providers shall submit electronically a
   Notification to the Commission within 120 minutes of discovering that they
   have  experienced  on any facilities that they own, operate, lease, or
   otherwise utilize, an outage of at least 30 minutes duration:

   (1) Of a Mobile Switching Center (MSC);

   (2)  That  potentially affects at least 900,000 user minutes of either
   telephony and associated data (2nd generation or lower) service or paging
   service;

   (3) That affects at least 1,350 DS3 minutes;

   (4)  That  potentially  affects any special offices and facilities (in
   accordance with paragraphs (a) through (d) of §4.5) other than airports
   through direct service facility agreements; or

   (5) That potentially affects a 911 special facility (as defined in (e) of
   §4.5),  in  which  case they also shall notify, as soon as possible by
   telephone or other electronic means, any official who has been designated by
   the management of the affected 911 facility as the provider's contact person
   for communications outages at that facility, and they shall convey to that
   person all available information that may be useful to the management of the
   affected facility in mitigating the effects of the outage on callers to that
   facility. (DS3 minutes and user minutes are defined in paragraphs (d) and
   (e) of §4.7.) In determining the number of users potentially affected by a
   failure  of a switch, a concentration ratio of 8 shall be applied. For
   providers of paging service solely, however, the following outage criteria
   shall apply instead of those in paragraphs (b)(1) through (b)(3) of this
   section. Notification must be submitted if the failure of a switch for at
   least 30 minutes duration potentially affects at least 900,000 user-minutes.
   Not later than 72 hours after discovering the outage, the provider shall
   submit  electronically  an Initial Communications Outage Report to the
   Commission. Not later than thirty days after discovering the outage, the
   provider shall submit electronically a Final Communications Outage Report to
   the Commission. The Notification and the Initial and Final reports shall
   comply with all of the requirements of §4.11.

   (f)  Wireline.  All  wireline  communications  providers  shall submit
   electronically  a Notification to the Commission within 120 minutes of
   discovering that they have experienced on any facilities that they own,
   operate, lease, or otherwise utilize, an outage of at least 30 minutes
   duration that:

   (1) Potentially affects at least 900,000 user minutes of either telephony or
   paging;

   (2) Affects at least 1,350 DS3 minutes;

   (3) Potentially affects any special offices and facilities (in accordance
   with paragraphs (a) through (d) of §4.5); or

   (4) Potentially affects a 911 special facility (as defined in paragraph (e)
   of §4.5), in which case they also shall notify, as soon as possible by
   telephone or other electronic means, any official who has been designated by
   the management of the affected 911 facility as the provider's contact person
   for communications outages at that facility, and the provider shall convey
   to  that  person  all  available information that may be useful to the
   management of the affected facility in mitigating the effects of the outage
   on efforts to communicate with that facility. (DS3 minutes and user minutes
   are defined in paragraphs (d) and (e) of §4.7.) Not later than 72 hours
   after discovering the outage, the provider shall submit electronically an
   Initial Communications Outage Report to the Commission. Not later than
   thirty  days  after  discovering the outage, the provider shall submit
   electronically a Final Communications Outage Report to the Commission. The
   Notification and the Initial and Final reports shall comply with all of the
   requirements of §4.11.

§ 4.11   Notification and initial and final communications outage reports that
must be filed by communications providers.

   top

   Notification and Initial and Final Communications Outage Reports shall be
   submitted by a person authorized by the communications provider to submit
   such reports to the Commission. The person submitting the Final report to
   the Commission shall also be authorized by the provider to legally bind the
   provider  to  the truth, completeness, and accuracy of the information
   contained in the report. Each Final report shall be attested by the person
   submitting the report that he/she has read the report prior to submitting it
   and on oath deposes and states that the information contained therein is
   true, correct, and accurate to the best of his/her knowledge and belief and
   that  the communications provider on oath deposes and states that this
   information is true, complete, and accurate. The Notification shall provide:
   The name of the reporting entity; the date and time of onset of the outage;
   a brief description of the problem; service effects; the geographic area
   affected by the outage; and a contact name and contact telephone number by
   which the Commission's technical staff may contact the reporting entity. The
   Initial and Final Reports shall contain the information required in this
   part 4. The Initial report shall contain all pertinent information then
   available on the outage and shall be submitted in good faith. The Final
   report shall contain all pertinent information on the outage, including any
   information  that  was not contained in, or that has changed from that
   provided in, the Initial report. The Notification and the Initial and Final
   Communications Outage Reports are to be submitted electronically to the
   Commission.  “Submitted  electronically”  refers  to submission of the
   information using Commission-approved Web-based outage report templates. If
   there are technical impediments to using the Web-based system during the
   Notification stage, then a written Notification to the Commission by e-mail,
   FAX, or courier may be used; such Notification shall contain the information
   required.  All  hand-delivered  Notifications  and  Initial  and Final
   Communications  Outage  Reports,  shall  be  addressed  to the Federal
   Communications Commission, The Office of Secretary, Attention: Chief, Public
   Safety & Homeland Security Bureau. Electronic filing shall be effectuated in
   accordance with procedures that are specified by the Commission by public
   notice.

   [ 71 FR 69037 , Nov. 29, 2006]

§ 4.13   Reports by the National Communications System (NCS) and by special
offices and facilities, and related responsibilities of communications
providers.

   top

   Reports by the National Communications System (NCS) and by special offices
   and facilities (other than 911 special offices and facilities) of outages
   potentially affecting them (see paragraphs (a) through (d) of §4.5) shall be
   made according to the following procedures:

   (a) When there is a mission-affecting outage, the affected facility will
   report the outage to the NCS and call the communications provider in order
   to determine if the outage is expected to last 30 minutes. If the outage is
   not expected to, and does not, last 30 minutes, it will not be reported to
   the  Commission.  If it is expected to last 30 minutes or does last 30
   minutes, the NCS, on the advice of the affected special facility and in the
   exercise of its judgment, will either:

   (1)  Forward  a  report of the outage to the Commission, supplying the
   information for initial reports affecting special facilities specified in
   this section of the Commission's Rules;

   (2) Forward a report of the outage to the Commission, designating the outage
   as one affecting “special facilities,” but reporting it at a level of detail
   that precludes identification of the particular facility involved; or

   (3)  Hold  the  report  at  the  NCS due to the critical nature of the
   application.

   (b) If there is to be a report to the Commission, an electronic, written, or
   oral report will be given by the NCS within 120 minutes of an outage to the
   Commission's  Duty  Officer,  on  duty  24  hours  a  day in the FCC's
   Communications and Crisis Management Center in Washington, DC. Notification
   may be served at such other facility designated by the Commission by public
   notice or (at the time of the emergency) by public announcement only if
   there is a telephone outage or similar emergency in Washington, DC. If the
   report is oral, it is to be followed by an electronic or written report not
   later than the next business day. Those providers whose service failures are
   in any way responsible for the outage must consult and cooperate in good
   faith with NCS upon its request for information.

   (c)  Additionally,  if  there is to be a report to the Commission, the
   communications provider will provide a written report to the NCS, supplying
   the information for final reports for special facilities required by this
   section of the Commission's rules. The communications provider's final
   report to the NCS will be filed within 28 days after the outage, allowing
   the NCS to then file the report with the Commission within 30 days after the
   outage. If the outage is reportable as described in paragraph (b) of this
   section, and the NCS determines that the final report can be presented to
   the  Commission  without  jeopardizing matters of national security or
   emergency preparedness, the NCS will forward the report as provided in
   either paragraphs (a)(1) or (a)(2) of this section to the Commission.
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