Goto Section: 12.1 | 12.3 | Table of Contents
FCC 12.2
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 12.2 Backup power.
(a) Except to the extent set forth in 12.2(b) and 12.2(c)(4) of the
Commission's rules, local exchange carriers, including incumbent local
exchange carriers and competitive local exchange carriers (collectively,
LECs), and commercial mobile radio service (CMRS) providers, as defined in
Sec. 20.9 of this chapter, must have an emergency backup power source ( e.g. ,
batteries, generators, fuel cells) for all assets necessary to maintain
communications that are normally powered from local commercial power,
including those assets located inside central offices, cell sites, remote
switches and digital loop carrier system remote terminals. LECs and CMRS
providers must maintain emergency backup power for a minimum of twenty-four
hours for assets that are normally powered from local commercial power and
located inside central offices, and eight hours for assets that are normally
powered from local commercial power and at other locations, including cell
sites, remote switches and digital loop carrier system remote terminals.
Power sources satisfy this requirement if they were originally designed to
provide the minimum backup power capacity level required herein and the
provider has implemented reasonable methods and procedures to ensure that
the power sources are regularly checked and replaced when they deteriorate.
LECs that meet the definition of a Class B company as set forth in
Sec. 32.11(b)(2) of this chapter and non-nationwide CMRS providers with no more
than 500,000 subscribers are exempt from this rule.
(b) LECs and CMRS providers are not required to comply with paragraph (a) of
this section for assets as described in paragraph (a) of this section where
the LEC or CMRS provider demonstrates, through the reporting requirement as
described in paragraph (c) of this section, that such compliance is
precluded by:
(1) Federal, state, tribal or local law;
(2) Risk to safety of life or health; or
(3) Private legal obligation or agreement.
(c) Within six months of the effective date of this requirement, LECs and
CMRS providers subject to this section must file reports with the Chief of
the Public Safety & Homeland Security Bureau.
(1) Each report must list the following:
(i) Each asset that was designed to comply with the applicable backup power
requirement as defined in paragraph (a) of this section;
(ii) Each asset where compliance with paragraph (a) of this section is
precluded due to risk to safety of life or health;
(iii) Each asset where compliance with paragraph (a) of this section is
precluded by a private legal obligation or agreement;
(iv) Each asset where compliance with paragraph (a) of this section is
precluded by Federal, state, tribal or local law; and
(v) Each asset that was designed with less than the emergency backup power
capacity specified in paragraph (a) of this section and that is not
precluded from compliance under paragraph (b) of this section.
(2) Reports listing assets falling within the categories identified in
paragraphs (c)(1)(ii) through (iv) of this section must include a
description of facts supporting the basis of the LEC's or CMRS provider's
claim of preclusion from compliance. For example, claims that a LEC or CMRS
provider cannot comply with this section due to a legal constraint must
include the citation(s) to the relevant law(s) and, in order to demonstrate
that it is precluded from compliance, the provider must show that the legal
constraint prohibits the provider from compliance. Claims that a LEC or CMRS
provider cannot comply with this section with respect to a particular asset
due to a private legal obligation or agreement must include a description of
the relevant terms of the obligation or agreement and the dates on which the
relevant terms of the agreement became effective and are set to expire.
Claims that a LEC or CMRS provider cannot comply with this section with
respect to a particular asset due to risk to safety of life or health must
include a description of the safety of life or health risk and facts that
demonstrate a substantial risk of harm.
(3) For purposes of complying with the reporting requirements set forth in
paragraphs (c)(1)(i) through (v) of this section, in cases where more than
one asset necessary to maintain communications that are normally powered
from local commercial power are located at a single site ( i.e. , within one
central office), the reporting entity may identify all of such assets by the
name of the site.
(4) In cases where a LEC or CMRS provider identifies assets pursuant to
paragraph (c)(1)(v) of this section, such LEC or CMRS provider must comply
with the backup power requirement in paragraph (a) of this section or,
within 12 months from the effective date of this rule, file with the
Commission a certified emergency backup power compliance plan. That plan
must certify that and describe how the LEC or CMRS provider will provide
emergency backup power to 100 percent of the area covered by any
non-compliant asset in the event of a commercial power failure. For purposes
of the plan, a provider may rely on on-site and/or portable backup power
sources or other sources, as appropriate, sufficient for service coverage as
follows: a minimum of 24 hours of service for assets inside central offices
and eight hours for other assets, including cell sites, remote switches, and
digital loop carrier system remote terminals. The emergency backup power
compliance plans submitted are subject to Commission review.
(5) Reports submitted pursuant to this paragraph must be supported by an
affidavit or declaration under penalty of perjury and signed and dated by a
duly authorized representative of the LEC or CMRS provider with personal
knowledge of the facts contained therein.
(6) Information filed with the Commission pursuant to paragraph (c) of this
section shall be automatically afforded confidentiality in accordance with
the Commission's rules.
(7) LECs that meet the definition of a Class B company as set forth in
Sec. 32.11(b)(2) of this chapter and non-nationwide CMRS providers with no more
than 500,000 subscribers are exempt from this reporting requirement.
[ 72 FR 57887 , Oct. 11, 2007]
Effective Date Note: At 72 FR 57887 , Oct. 11, 2007, Sec. 12.2 was revised.
This section contains information collection and recordkeeping requirements
and will not become effective until approval has been given by the Office of
Management and Budget.
Goto Section: 12.1 | 12.3
Goto Year: 2007 |
2009
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