§ 12.5   Backup power obligations.

   (a) Covered service. For purposes of this section, a Covered Service is
   any facilities-based, fixed voice service offered as residential
   service, including fixed applications of wireless service offered as a
   residential service, that is not line powered.

   (b) Obligations of providers of a Covered Service to offer backup
   power. Providers of a Covered Service shall, at the point of sale for a
   Covered Service, offer subscribers the option to purchase backup power
   for the Covered Service as follows:

   (1) Eight hours. Providers shall offer for sale at least one option
   with a minimum of eight hours of standby backup power.

   (2) Twenty-four hours. By February 13, 2019, providers of a Covered
   Service shall offer for sale also at least one option that provides a
   minimum of twenty-four hours of standby backup power.

   (3) At the provider's discretion, the options in paragraphs (b)(1) and
   (2) of this section may be either:

   (i) A complete solution including battery or other power source; or

   (ii) Installation by the provider of a component that accepts or
   enables the use of a battery or other backup power source that the
   subscriber obtains separately. If the provider does not offer a
   complete solution, the provider shall install a compatible battery or
   other power source if the subscriber makes it available at the time of
   installation and so requests. After service has been initiated, the
   provider may, but is not required to, offer to sell any such options
   directly to subscribers.

   (c) Backup power required. The backup power offered for purchase under
   paragraph (b) of this section must include power for all
   provider-furnished equipment and devices installed and operated on the
   customer premises that must remain powered in order for the service to
   provide 911 access.

   (d) Subscriber disclosure. (1) The provider of a Covered Service shall
   disclose to each new subscriber at the point of sale and to all
   subscribers to a Covered Service annually thereafter:

   (i) Capability of the service to accept backup power, and if so, the
   availability of at least one backup power solution available directly
   from the provider, or after the initiation of service, available from
   either the provider or a third party. After the obligation to offer for
   purchase a solution for twenty-four hours of standby backup power
   becomes effective, providers must disclose this information also for
   the twenty-four-hour solution;

   (ii) Service limitations with and without backup power;

   (iii) Purchase and replacement information, including cost;

   (iv) Expected backup power duration;

   (v) Proper usage and storage conditions, including the impact on
   duration of failing to adhere to proper usage and storage;

   (vi) Subscriber backup power self-testing and -monitoring instructions;
   and

   (vii) Backup power warranty details, if any.

   (2) Disclosure reasonably calculated to reach each subscriber. A
   provider of a Covered Service shall make disclosures required by this
   rule in a manner reasonably calculated to reach individual subscribers,
   with due consideration for subscriber preferences. Information posted
   on a provider's public Web site and/or within a subscriber portal
   accessed by logging through the provider's Web site are not sufficient
   to comply with these requirements.

   (3) The disclosures required under this paragraph are in addition to,
   but may be combined with, any disclosures required under § 9.5(e) of
   this chapter.

   (e) Obligation with respect to existing subscribers. Providers are not
   obligated to offer for sale backup power options to or retrofit
   equipment for those who are subscribers as of the effective date listed
   in paragraph (f) of this section for the obligations in paragraph
   (b)(1) of this section, but shall provide such subscribers with the
   annual disclosures required by paragraph (d) of this section.

   (f) Effective dates of obligations. (1) Except as noted in paragraphs
   (b)(2) and (f)(2) of this section, the obligations under paragraph (b)
   of this section are effective February 16, 2016, and the obligations
   under paragraph (d) of this section are effective 120 days after the
   Commission announces approval from the Office of Management and Budget.

   (2) For a provider of a Covered Service that (together with any
   entities under common control with such provider) has fewer than
   100,000 domestic retail subscriber lines, the obligations in paragraph
   (b)(1) of this section are effective August 11, 2016, the obligations
   in paragraph (b)(2) of this section are effective as prescribed
   therein, and the obligations under paragraph (d) of this section are
   effective 300 days after the Commission announces approval from the
   Office of Management and Budget.

   (g) Sunset date. The requirements of this section shall no longer be in
   effect as of September 1, 2025.

   [ 80 FR 62486 , Oct. 16, 2015]

   Effective Date Note: At  80 FR 62486 , Oct. 16, 2015, § 12.5 was added.
   Paragraph (b)(2) will become effective Feb. 13, 2019.

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