§  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 § 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 § 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
   § 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, § 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.