7 July 2006

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[Federal Register: July 7, 2006 (Volume 71, Number 130)]

[Proposed Rules]               

[Page 38564-38593]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07jy06-26]                         



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FEDERAL COMMUNICATIONS COMMISSION



47 CFR Parts 1, 2, 4, 6, 7, 9, 11, 13, 15, 17, 18, 20, 22, 24, 25, 

27, 52, 53, 54, 63, 64, 68, 73, 74, 76, 78, 79, 90, 95, 97 and 101



[EB Docket No. 06-119; FCC 06-83]



 

In the Matter of Recommendations of the Independent Panel 

Reviewing the Impact of Hurricane Katrina on Communications Networks



AGENCY: Federal Communications Commission.



ACTION: Notice of proposed rulemaking.



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SUMMARY: In this document, the Federal Communications Commission 

(Commission) initiates a comprehensive rulemaking to address and 

implement the recommendations presented by the Independent Panel 

Reviewing the Impact of Hurricane Katrina on Communications Networks 

(Independent Panel). The Independent Panel's report described the 

impact of the worst natural disaster in the Nation's history as well as 

the overall public and private response efforts. In addition, the 

report included recommendations which relate to: pre-positioning the 

communications industry and the government for disasters in order to 

achieve greater network reliability and resiliency; improving recovery 

coordination to address existing shortcomings and to maximize the use 

of existing resources; improving the operability and interoperability 

of public safety and 911 communications in times of crisis; and 

improving communication of emergency information to the public. The 

Commission, in this proceeding, is to take the lessons learned from 

this disaster and build upon them to promote more effective, efficient 

response and recovery efforts as well as heightened readiness and 

preparedness in the future. To accomplish this goal, the Commission 

invites comment on what actions the Commission can take to address the 

Independent Panel's recommendations.



DATES: Comments are due on or before August 7, 2006, and reply comments 

are due on or before August 21, 2006. Written comments on the Paperwork 

Reduction Act proposed information collection requirements must be 

submitted by the public, Office of Management and Budget (OMB), and 

other interested parties on or before September 5, 2006.



ADDRESSES: Send comments and reply comments to the Office of the 

Secretary, Federal Communications Commission, 445 12th Street, SW., 

Room TW-A325, Washington, DC 20554. You may submit comments, identified 

by EB Docket No. 06-119, by any of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov/. 



Follow the instructions for submitting comments.

     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/.

 Follow the instructions for submitting comments.



     People with Disabilities: Contact the FCC to request 

reasonable accommodations (accessible format documents, sign language 

interpreters, CART, etc.) by e-mail; FCC504@fcc.gov or phone: 202-418-

0530 or TTY: 202-418-0432.

    In addition to filing with the Secretary, a copy of any comments on 

the Paperwork Reduction Act information collection requirements 

contained herein should be submitted to Judith B. Herman, Federal 

Communications Commission, Room 1-C804, 445 12th Street, SW., 

Washington, DC 20554, or via the Internet to PRA@fcc.gov, and to Kristy 

L. LaLonde, OMB Desk Officer, Room 10234, NEOB, 725 17th Street, NW., 

Washington, DC 20503, via the Internet to Kristy_L.LaLonde@omb.eop.gov 

or via fax at 202-395-5167.



[[Page 38565]]





FOR FURTHER INFORMATION CONTACT: Lisa M. Fowlkes, Assistant Bureau 

Chief, Enforcement Bureau, at (202) 418-7450 or Jean Ann Collins, 

Senior Counsel, Office of Homeland Security, Enforcement Bureau at 

(202) 418-1199. For additional information concerning the Paperwork 

Reduction Act information collection requirements contained in this 

document, contact Judith B. Herman at (202) 418-0214 or via the 

Internet at PRA@fcc.gov.



SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 

of Proposed Rulemaking (NPRM) in EB Docket No. 06-119, FCC 06-83, 

adopted June 16, 2006 and released June 19, 2006. The complete text of 

this document is available for inspection and copying during normal 

business hours in the FCC Reference Information Center, Portals II, 445 

12th Street, SW., Room CY-A257, Washington, DC 20554. This document may 

also be purchased from the Commission's duplicating contractor Best 

Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-

B402, Washington, DC 20554, telephone (800) 378-3160 or (202) 488-5300, 

facsimile (202) 488-5563, or via e-mail at fcc@bcpiweb.com. It is also 

available on the Commission's Web site at http://www.fcc.gov.



    This document contains proposed information collection 

requirements. The Commission, as part of its continuing effort to 

reduce paperwork burdens, invites the general public and the OMB to 

comment on the proposed information collection requirements contained 

in this document, as required by the Paperwork Reduction Act of 1995, 

Public Law 104-13. Public and agency comments are due September 5, 

2006.

    Comments should address: (a) Whether the proposed collection of 

information is necessary for the proper performance of the functions of 

the Commission, including whether the information shall have practical 

utility; (b) the accuracy of the Commission's burden estimates; (c) 

ways to enhance the quality, utility, and clarity of the information 

collected; and (d) ways to minimize the burden of the collection of 

information on the respondents, including the use of automated 

collection techniques or other forms of information technology. In 

addition, pursuant to the Small Business Paperwork Relief Act of 2002, 

Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment 

on how it might ``further reduce the information collection burden for 

small business concerns with fewer than 25 employees.''

    OMB Control Number: None

    Title: Emergency Communications Status and Contact Information.

    Form No.: N/A.

    Type of Review: New Collection.

    Respondents: Business or other for-profit, not-for-profit, state, 

local or tribal governments.

    Estimated Number of Respondents: 1,300.

    Frequency of Response: Contact information--0.167 hours for initial 

collection; 0.084 hours for updates; Readiness Checklist--40 hours.

    Frequency of Response: On occasion.

    Estimated Total Annual Burden: 16,113 hours.

    Estimated Total Annual Costs: $0.

    Privacy Act Impact Assessment: N/A.

    Needs and Uses: The Commission will use the information collected 

to promote more effective, efficient response and recovery efforts in 

the event of a natural disaster or emergency situation, as well as 

heightened readiness and preparedness. Additionally, this information 

collection will be used to compile a roster of key communications 

providers and other emergency personnel throughout the United States 

and in determining the extent of communications disruption and the 

appropriate agency response. This information collection will be used 

to compile a list of outages to communications infrastructure within an 

area affected by a disaster. This information will assist in ensuring 

rapid restoration of communications capabilities after disruption by a 

natural disaster, terrorist attack or other emergency and will assist 

in ensuring the public safety, public health, and other emergency and 

defense personnel have effective communications services available to 

them.



Synopsis of the Notice of Proposed Rulemaking



    1. Background. On Monday, August 29, 2005, Hurricane Katrina struck 

the Gulf Coast of the United States, causing significant damage in 

Alabama, Louisiana, and Mississippi. The destruction to communications 

companies' facilities in the region, and therefore to the services upon 

which citizens rely, was extraordinary. Hurricane Katrina knocked out 

more than three million customer phone lines in Alabama, Louisiana, and 

Mississippi. The wireline telecommunications network sustained enormous 

damage--dozens of central offices and countless miles of outside plant 

were damaged or destroyed as a result of the hurricane or the 

subsequent flooding. Local wireless networks also sustained 

considerable damage--more than a thousand cell sites were knocked out 

of service by the hurricane. At the hurricane's height, more than 

thirty-five Public Safety Answering Points (PSAPs) were out of service, 

and some parishes in Louisiana remained without 911 or enhanced 911 

(E911) service for weeks.

    2. In January 2006, Chairman Kevin J. Martin established the 

Independent Panel pursuant to the Federal Advisory Committee Act, 

Public Law 92-463, as amended (71 FR 933, January 6, 2006). The mission 

of the Independent Panel was to review the impact of Hurricane Katrina 

on the telecommunications and media infrastructure in the areas 

affected by the hurricane. Specifically, the Independent Panel was to 

study the impact of Hurricane Katrina on all sectors of the 

telecommunications and media industries, including public safety 

communications. In addition, the Independent Panel was to review the 

sufficiency and effectiveness of the recovery effort with respect to 

the communications infrastructure. The Independent Panel was tasked 

with making recommendations to the Commission by June 15, 2006, 

regarding ways to improve disaster preparedness, network reliability, 

and communications among first responders such as police, fire 

fighters, and emergency medical personnel.

    3. The Independent Panel met directly on five occasions. Four of 

these meetings were used to examine the facts surrounding the impact of 

Hurricane Katrina and to obtain evidence concerning the extent of the 

damage and the sufficiency and effectiveness of the recovery efforts. 

On one occasion, the Independent Panel met in the area struck by 

Hurricane Katrina to hear first-hand from victims of the disaster. In 

addition to the in-person meetings, the Independent Panel also received 

written comments from interested members of the public. Finally, the 

Independent Panel's informal working groups met on numerous occasions 

via conference call and in person to discuss their progress.

    4. On June 9, 2006, the Independent Panel held its final meeting in 

Washington, DC to conclude its analysis and deliberations. The 

Independent Panel finalized its findings and recommendations and 

submitted its report on June 12, 2006. A copy of the report is attached 

to this NPRM.

    5. Introduction. In this Notice of Proposed Rulemaking, the 

Commission initiates a comprehensive rulemaking to address and 

implement the recommendations presented by the Independent Panel. 

Congress has charged the Commission with promoting the safety of life 

and property



[[Page 38566]]



through the use of wire and radio communications. In this regard, the 

Commission has already taken a number of steps to fulfill this mandate 

and we will continue to do so. The Independent Panel's report described 

the impact of the worst natural disaster in the Nation's history, as 

well as the overall public and private response and recovery efforts. 

Our goal in this proceeding is to take the lessons learned from this 

disaster and build upon them to promote more effective, efficient 

response and recovery efforts, as well as heightened readiness and 

preparedness, in the future. To accomplish this goal, we invite comment 

on what actions the Commission can take to address the Independent 

Panel's recommendations.

    6. We seek comment on the recommendations presented by the 

Independent Panel in its final report. The Independent Panel's 

recommendations are organized into four areas: (1) Pre-positioning the 

communications industry and the government for disasters in order to 

achieve greater network reliability and resiliency; (2) improving 

recovery coordination to address existing shortcomings and to maximize 

the use of existing resources; (3) improving the operability and 

interoperability of public safety and 911 communications in times of 

crisis; and (4) improving communication of emergency information to the 

public. In some cases, the Independent Panel recommends actions that 

require the Commission to modify its rules pursuant to notice-and-

comment rulemaking. In other cases, the Independent Panel recommends 

that the Commission take actions that are not dependent upon 

rulemakings, such as increased outreach and education campaigns, or 

recommends measures that may not fall within the Commission's statutory 

authority and jurisdiction. In advocating implementation of the 

Independent Panel's recommendations, commenters should note what 

actions would fall within the Commission's statutory authority and 

jurisdiction, and what the Commission could do to encourage the 

appropriate entities (e.g., state and local authorities) to take 

action. In evaluating the Independent Panel's recommendations, our goal 

is to determine what actions the Commission should take to promote 

greater resiliency and reliability of communications infrastructure, as 

well as the actions the Commission should take to strengthen and 

improve response and recovery efforts. We therefore invite broad 

comment on the Independent Panel's recommendations and on the measures 

the Commission should take to address the problems identified. We also 

generally seek comment on whether, in adopting any of the Independent 

Panel's recommendations, any additional safeguards should be 

implemented to limit disclosure of sensitive infrastructure information 

or commercial information to prevent exposing potential targets to 

wrongdoers and subjecting regulated entities to competitive harm.

    7. In addition to presenting recommendations, the Independent 

Panel's final report describes the Independent Panel's observations 

regarding the hurricane's impact and the sufficiency of the recovery 

efforts. We also seek comment on whether the Independent Panel's 

observations warrant additional measures or steps beyond the report's 

specific recommendations. Thus, to the extent parties believe 

additional measures beyond the Independent Panel's recommendations or 

different actions are warranted, we welcome these suggestions and 

recommendations. We also seek comment whether we should rely on 

voluntary consensus recommendations, as advocated by the Independent 

Panel, or whether we should rely on other measures for enhancing 

readiness and promoting more effective response efforts.

    8. Pre-Positioning for Disasters. The Independent Panel 

recommendation notes that the sheer force of Hurricane Katrina and the 

extensive flooding that occurred severely tested the reliability and 

resiliency of communications networks in the Gulf Coast region. To help 

speed response efforts, the Independent Panel recommends the adoption 

of a proactive (rather than reactive) program for network reliability 

and resiliency. At the heart of the Independent Panel's recommendations 

are steps the Independent Panel believes the communications industry, 

public safety organizations, and the Commission should take for a 

faster, more effective response to disasters and emergencies. In 

particular, the Independent Panel recommends that the Commission work 

with industry sectors, associations, and other organizations to 

establish a ``Readiness Checklist'' for the communications industry 

that would include developing formal business continuity plans, 

conducting training exercises, developing suitable plans and 

procedures, and maintaining pre-positioned supplies and equipment to 

help in disaster response. We seek comment on these recommendations. 

The Independent Panel recommends that we rely on checklists developed 

by industry consensus groups, such as the Network Reliability and 

Interoperability Council (NRIC) and the Media Security and Reliability 

Council (MSRC). We seek comment on this recommendation, including 

whether we should rely on the results of voluntary consensus 

recommendations or instead rely on other measures. We invite parties to 

comment on the appropriate breadth of business continuity plans. Are 

the suggested elements presented by the Independent Panel adequate, or 

are other elements useful or necessary? We seek comment on whether we 

should adopt guidance or criteria for developing business continuity 

plans, conducting exercises, developing and practicing communications 

plans, or routinely archiving critical system back-ups for secure off-

site facilities.

    9. The Independent Panel also recommends enhancing the awareness of 

the public safety community in non-traditional emergency alternatives 

through community education campaigns. We seek comment on this 

recommendation and on other steps we can take within our jurisdiction 

and statutory authority to assist the public safety community response 

to disasters and other emergencies. The Independent Panel recommends 

that the Commission establish a prioritized system of automatically 

waiving regulatory requirements, or of granting automatic Special 

Temporary Authority (STA) in certain instances, and provides a list of 

specific Commission requirements. We invite comment on this suggestion. 

Are there other areas where regulatory relief would be appropriate? 

Should we establish specific thresholds or requirements in the 

Commission's rules pertaining to demonstrations that should be made? 

The Independent Panel also recommends that the Commission coordinate 

all federal outage and infrastructure reporting requirements in times 

of crisis. We seek comment on this recommendation and on the measures 

the Commission can take within its statutory authority and 

jurisdiction. Parties should address the appropriate content of 

emergency outage reports, format, frequency, distribution, and related 

issues. We seek comment on whether additional safeguards should be 

implemented to address issues concerning potential disclosure of 

sensitive infrastructure information or commercial information to avoid 

potential harm to communications providers or others. Finally, we 

invite comment on other steps beyond those recommended by the panel 

that we could take within our statutory authority and jurisdiction to



[[Page 38567]]



improve or strengthen network resiliency and reliability.

    10. We seek comment on whether and how the Commission can assist 

organizations whose primary business is not communications (e.g., 

hospitals, nursing homes, day care facilities, and so forth) with 

developing communications plans for an emergency. We also seek comment 

on whether the Commission should develop a hotline and/or Website to 

assist these entities.

    11. Recovery Coordination. The Independent Panel observed 

significant challenges to maintenance and restoration of communications 

services after Hurricane Katrina due in part to problems with access to 

the affected area and key resources such as power and/or generator 

fuel. The Independent Panel ``generally supports the National Security 

Telecommunications Advisory Committee's (NSTAC's) recommendation for a 

national standard for credentialing telecommunications repair 

workers.'' The Independent Panel advocates, however, expanding the 

NSTAC's credentialing recommendations to include repair workers of all 

communications infrastructure (e.g., wireline, wireless, WISP, cable, 

broadcasting, satellite). The Independent Panel recommends that the 

Commission work with other appropriate Federal departments and agencies 

to promptly develop national credentialing requirements and guidelines 

to enable communications infrastructure providers and their contracted 

workers to access affected areas post-disaster. The Independent Panel 

also recommends that the Commission ``encourage states to develop and 

implement a credentialing program consistent with [the NSTAC's 

guidelines].'' We seek comment on these recommendations, including 

measures the Commission can take within its statutory authority and 

jurisdiction. The Independent Panel also recommends that the Commission 

work with Congress and appropriate federal departments and agencies to 

implement the NSTAC's recommendation that telecommunications 

infrastructure providers should be afforded emergency responder status 

under the Stafford Act and that this designation should be incorporated 

into the National Response Plan and state and local emergency response 

plans. The Independent Panel further recommends that the emergency 

responder designation be expanded to include all communications 

services providers (e.g., wireline, wireless, WISP, satellite, cable, 

and broadcast media) and their contract workers. The Commission seeks 

comment on these recommendations and on other steps we can take within 

our statutory authority and jurisdiction.

    12. The Independent Panel makes several recommendations related to 

improving and enhancing communications and coordination among Federal, 

state, and local authorities and the private sector. In particular, the 

Independent Panel recommends that the Commission ``should encourage, 

but not require, each regional, state and local [Emergency Operating 

Center (EOC)] and the [Joint Field Office (JFO)] to engage in the 

following activities:

     Facilitate coordination between communications 

infrastructure providers and state and local emergency preparedness 

officials;

     Develop credentialing requirements and procedures for the 

purposes of allocating communications infrastructure providers (and 

their contractors and security teams) into disaster areas to perform 

repairs;

     Develop and facilitate inclusion in the state's Emergency 

Preparedness Plan, where appropriate, one or more clearly identified 

post-disaster coordination areas for communications infrastructure 

providers;

     Share information and coordinate resources to facilitate 

repair of key communications infrastructure; and

     Facilitate electric and other utilities' maintenance of 

priority lists for commercial power restoration.

    We seek comment on these recommendations and on other measures the 

Commission could take within its statutory authority and jurisdiction 

to encourage other Federal agencies, state and local authorities, and 

the private sector to address the Independent Panel's recommendations 

in this regard.

    13. In addition to recommending the Commission encourage other 

governmental bodies to engage in these activities, the Independent 

Panel notes its support for communications infrastructure providers 

forming an industry-only group for disaster planning, coordinating 

recovery efforts, and other purposes. The Independent Panel also 

recommends that the Commission work with the National Communications 

System, an organization within the Department of Homeland Security 

(DHS), to broaden the membership of the National Coordinating Center 

for Telecommunications (NCC) to include representation of all types of 

communications systems, including broadcast, cable, satellite, and 

other new technologies. We seek comment on these recommendations, 

including how the Commission can work within its statutory authority 

and jurisdiction to promote greater membership in the DHS's National 

Communications System coordination body. We seek comment on how the 

Commission could best work within its own jurisdiction and statutory 

authority to assist in promoting extensive, cross-jurisdictional 

coordination. We also seek comment generally on how we can better 

facilitate coordination during times of crisis.

    14. The Independent Panel also recommended that the Commission work 

with the DHS's National Communications System to promote the use of 

existing priority communications services, such as Government Emergency 

Telecommunications Service (GETS), Wireless Priority Service (WPS), and 

Telecommunications Service Priority (TSP). In particular, the 

Independent Panel recommends that the Commission work with the DHS's 

National Communications System to promote WPS, GETS and TSP to all 

eligible government, public safety, and critical industry groups. We 

seek comment on how the Commission can address these recommendations 

within its statutory authority and jurisdiction. Finally, the 

Independent Panel recommends that the Commission create two Web sites 

identifying: (1) The key state emergency management contacts and post-

disaster staging areas for communications providers; and (2) contact 

information for the Commission's Task Force that coordinates disaster 

response efforts and procedures for facilitating disaster response and 

outage recovery. We seek comment on these recommendations.

    15. First Responder Communications. The Independent Panel made 

several recommendations intended to facilitate the restoration of 

public safety communications capabilities. As with other 

recommendations, the Independent Panel recommends that the Commission 

encourage state and local authorities to take actions, and to assist in 

supporting these efforts consistent with our statutory authority and 

jurisdiction. For example, the Independent Panel recommended that the 

Commission encourage state and local jurisdictions to retain and 

maintain a cache of equipment components that would be needed to 

immediately restore existing public safety communications within hours 

of a disaster. Such a cache of pre-positioned equipment would include 

Radiofrequency (RF) gear (e.g., Internet Protocol (IP) gateways, 

dispatch consoles, etc), trailers, tower system components (e.g., 

antenna systems and



[[Page 38568]]



hydraulic masts), back-up power equipment, and fuel. We seek comment on 

these recommendations. We invite parties to comment on the capabilities 

and content of pre-positioned equipment, as well as the functionalities 

most critical to support in the early stages of a crisis. The 

Independent Panel Report also includes recommendations intended to 

facilitate interoperability among first responder communications, 

including a recommendation that the Commission encourage the 

expeditious development of regional plans for the use of 700 MHz 

systems and move promptly to review and approve such plans. The 

Commission seeks comment on these recommendations, including how they 

should be implemented within our statutory authority and jurisdiction.

    16. The Independent Panel also made recommendations intended to 

ensure a more robust 911 and E911 service. For example, the panel 

recommends that the Commission encourage the implementation of certain 

NRIC best practices intended to promote the reliability and resiliency 

of the 911 and E911 architecture. In particular, the Independent Panel 

recommends that service providers and network operators should consider 

placing and maintaining 911 circuits over diverse interoffice transport 

facilities and should ensure availability of emergency back-up power 

capabilities (located on-site, when appropriate). The Independent Panel 

further recommends that network operators should consider deploying 

dual active 911 selective router architectures as a means for 

eliminating single points of failure. The Independent Panel also 

recommends that network operators, service providers, equipment 

suppliers, and public safety authorities should establish alternative 

methods of communication for critical personnel. We seek comment on how 

the Commission can best encourage implementation of these 

recommendations consistent with our statutory authority and 

jurisdiction, and we welcome further suggestions on measures that could 

be taken to strengthen 911 and E911 infrastructure and architecture.

    17. With respect to Public Safety Answering Points (PSAPs), the 

Independent Panel recommends the designation of a secondary back-up 

PSAP that is more than 200 miles away to answer calls when the primary 

and secondary PSAPs are disabled. The Independent Panel also recommends 

that the Commission work with other Federal agencies to enhance funding 

for 911 enhancement and interoperability. The Independent Panel 

recommends that the Commission work to assist the emergency medical 

community to facilitate the resiliency and effectiveness of their 

emergency communications system. The Independent Panel report includes 

four recommendations regarding the emergency medical community, stating 

that the Commission should, inter alia, educate the emergency medical 

community about emergency communications and the various priority 

communications services and help to coordinate this sector's emergency 

communications efforts. We seek comment on how to address these 

recommendations consistent with our statutory authority and 

jurisdiction. We also invite comment on what additional steps the 

Commission can take within its statutory authority to assist the 

emergency medical community enhance its disaster response capabilities.

    18. Emergency Communications to the Public. The Independent Panel 

report also includes recommendations intended to facilitate and 

complement use of the Emergency Alert System (EAS), including 

recommendations that the Commission educate state and local officials 

about the existing EAS, its benefits, and how it can be utilized. 

Further, the report recommends that the Commission develop a program 

for educating the public about EAS and promote community awareness of 

potential mechanisms for accessing those alerts sent during power 

outages or broadcast transmission failures. In order to ensure that all 

Americans, including persons with disabilities and persons who do not 

speak English, are able to receive emergency communications, the 

Independent Panel recommends that the Commission: (1) Promptly find a 

mechanism to resolve any technical hurdles in the current EAS to ensure 

that persons with hearing or vision disabilities and persons who do not 

speak English have equal access to public warnings; (2) work with the 

various industry trade associations to create and publicize best 

practices for serving persons with disabilities and persons who do not 

speak English; and (3) encourage state and local government agencies 

who provide emergency information to take steps to make critical 

emergency information accessible to persons with disabilities and 

persons who do not speak English. We seek comment on how to address 

these recommendations consistent with our statutory authority and 

jurisdiction. With respect to item (1), we note that the issue is the 

subject of the Commission's ongoing EAS rulemaking proceeding, and we 

expect to address these and related issues in that proceeding.



Initial Regulatory Flexibility Analysis



    19. As required by the Regulatory Flexibility Act of 1980, as 

amended (RFA), the Commission has prepared this present Initial 

Regulatory Flexibility Analysis (IRFA) of the possible significant 

economic impact on a substantial number of small entities by the 

policies and rules proposed in this Notice of Proposed Rulemaking 

(NPRM). Written public comments are requested on this IRFA. Comments 

must be identified as responses to the IRFA and must be filed by the 

deadlines for comments on the NPRM provided in section IV of the item. 

The Commission will send a copy of the NPRM, including this IRFA, to 

the Chief Counsel for Advocacy of the Small Business Administration 

(SBA). In addition, the NPRM and IRFA (or summaries thereof) will be 

published in the Federal Register.



Need for, and Objectives of, the Proposed Rules



    20. On Monday, August 29, 2005, Hurricane Katrina struck the Gulf 

Coast of the United States, causing significant damage in Alabama, 

Louisiana, and Mississippi. The destruction to communications 

companies' facilities in the region, and therefore to the services upon 

which citizens rely, was extraordinary. Hurricane Katrina knocked out 

more than three million customer phone lines in Alabama, Louisiana, and 

Mississippi. The wireline telecommunications network sustained enormous 

damage--dozens of central offices and countless miles of outside plants 

were damaged or destroyed as a result of the hurricane or the 

subsequent flooding. Local wireless networks also sustained 

considerable damage--more than a thousand cell sites were knocked out 

of service by the hurricane. At the hurricane's height, more than 

thirty-five Public Safety Answering Points (PSAPs) were out of service, 

and some parishes in Louisiana remained without 911 or enhanced 911 

(E911) service for weeks.

    21. In January 2006, Chairman Kevin J. Martin established the 

Independent Panel pursuant to the Federal Advisory Committee Act, 

Public Law 92-463, as amended. The mission of the Independent Panel was 

to review the impact of Hurricane Katrina on the telecommunications and 

media infrastructure in the areas affected by the hurricane. 

Specifically, the Independent Panel was to study the impact of 

Hurricane Katrina on all



[[Page 38569]]



sectors of the telecommunications and media industries, including 

public safety communications. In addition, the Independent Panel was to 

review the sufficiency and effectiveness of the recovery effort with 

respect to the communications infrastructure. The Independent Panel was 

tasked with making recommendations to the Commission, by June 15, 2006, 

regarding ways to improve disaster preparedness, network reliability, 

and communications among first responders such as police, fire 

fighters, and emergency medical personnel.

    22. On June 12, 2006, the Independent Panel submitted its Report 

and Recommendations. As explained in the NPRM, Congress has charged the 

Commission with promoting the safety of life and property through the 

use of wire and radio communications. In this regard, we have already 

taken a number of steps to fulfill this mandate and we will continue to 

do so. The Independent Panel's report described the impact of the worst 

natural disaster in the Nation's history as well as the overall public 

and private response and recovery efforts. Our goal in this proceeding 

is to take the lessons learned from this disaster and build upon them 

to promote more effective, efficient response and recovery efforts, as 

well as heightened readiness and preparedness, in the future. To 

accomplish this goal, we invite comment on what actions the Commission 

can take to address the Independent Panel's recommendations.

    23. As we note in the NPRM, in some cases, the Independent Panel 

recommends action that require the Commission to modify its rules 

pursuant to notice-and-comment rulemaking. In other cases, the 

Independent Panel recommends that the Commission take actions that are 

not dependent upon rulemakings, such as increased outreach and 

education campaigns, or recommends measures that may not fall within 

the Commission's statutory authority and jurisdiction. In advocating 

implementation of the Independent Panel's recommendations, commenters 

should note what actions would fall within the Commission's statutory 

authority and jurisdiction and what the Commission could do to 

encourage the appropriate entities (e.g., states and local authorities) 

to take action.

    24. To speed response efforts, the Independent Panel recommends 

that adoption of a proactive (rather than reactive) program for network 

reliability and resiliency. Specifically, the Independent Panel 

recommends working with industry sectors, associations and other 

organizations to establish a ``Readiness Checklist'' for the 

communications industry that would include developing formal business 

continuity plans, conducting training exercises, developing suitable 

plans and procedures, and maintaining pre-positioned supplies and 

equipment to help in disaster response. The NPRM seeks comment on these 

recommendations. The Independent Panel also recommends that we rely on 

checklists developed by industry consensus groups, such as the Network 

Reliability and Interoperability Council (NRIC) and the Media Security 

and Reliability Council (MSRC). The NPRM seeks comment on this 

recommendation, including whether we should rely on the results of 

voluntary consensus recommendations or instead rely on other measures. 

The NPRM also seeks comment on whether we should adopt guidance or 

criteria for developing business continuity plans, conducting 

exercises, developing and practicing communications plans, or routinely 

archiving critical system back-ups for secure off-site facilities.

    25. The Independent Panel also recommends enhancing the public 

safety community's awareness of non-traditional emergency alternatives 

through community education campaigns. The NPRM seeks comment on this 

recommendation and other steps we can take within our jurisdiction and 



statutory authority to assist the public safety community in responding 

to disasters and other emergencies. The Independent Panel recommends 

that the Commission establish a prioritized system of automatically 

waiving regulatory requirements, or of granting automatic Special 

Temporary Authority (STA) in certain instances, and provides a list of 

specific Commission requirements. The NPRM seeks comment on this 

suggestion. The NPRM also seeks comment on the Independent Panel's 

recommendation that the Commission coordinate all federal outage and 

infrastructure reporting requirements in times of crisis. In addition, 

the NPRM seeks comment on other steps beyond those recommended by the 

Panel that the Commission could take within our statutory authority and 

jurisdiction to improve or strengthen network resiliency and 

reliability.

    26. As discussed in the NPRM, the Independent Panel generally 

supports the National Security Telecommunications Advisory Committee's 

(NSTAC's) recommendation for a national standard for credentialing 

telecommunications repair workers. The Independent Panel, however, 

advocates expanding the NSTAC recommendations to include repair workers 

of all communications infrastructure. The Independent Panel recommends 

that the Commission work with other appropriate Federal departments and 

government agencies to promptly develop national credentialing 

requirements and guidelines to enable communications infrastructure 

providers and their contracted workers to access affected areas post-

disaster. The Independent Panel also recommends that the Commission 

encourage states to develop and implement a credentialing program 

consistent with the NSTAC guidelines. The NPRM seeks comment on these 

recommendations as well as measures the Commission can take within its 

statutory authority and jurisdiction.

    27. The NPRM seeks comment on the Independent Panel's 

recommendation that the Commission work with Congress and appropriate 

federal departments and agencies to implement the NSTAC's 

recommendation that telecommunications infrastructure providers should 

be afforded emergency responder status under the Stafford Act and that 

this designation should be incorporated into the National Response Plan 

and state and local emergency response plans. With respect to this 

proposal, the Independent Panel also recommends that the emergency 

responder designation include all types of communications services.

    28. In order to enable the communications industry and state and 

local emergency officials to better coordinate their preparation for 

and response to disasters affecting communications infrastructure, the 

Independent Panel recommends that the Commission work with state and 

local emergency officials and the communications industry to encourage 

the formation of coordinating and planning bodies at the state or 

regional level. As set forth in the NPRM, the Panel's recommendation 

also lists activities that the Commission should encourage each state 

or regional coordinating body to engage in. The NPRM seeks comment on 

this recommendation and on the measures the Commission could take 

within its statutory authority and jurisdiction to encourage other 

Federal agencies, state and local authorities and the private sector to 

address the Independent Panel's recommendations in this regard.

    29. The Independent Panel recommends that the Commission work with 

the National Communications System (NCS) to broaden the membership of 

the National Coordinating Center for Telecommunications to include 

representation from all types of



[[Page 38570]]



communications systems, including broadcast, cable, satellite, and 

other new technologies. The NPRM seeks comment on this recommendation, 

including how the Commission can work within its statutory authority 

and jurisdiction to promote greater membership in the DHS's National 

Communications System coordination body.

    30. The NPRM seeks comment on several recommendations designed to 

facilitate the use of existing priority communications services, such 

as Government Emergency Telecommunications Service (GETS), Wireless 

Priority Service (WPS) and Telecommunications Service Priority (TSP), 

all of which are administered by DHS's National Communications System. 

In addition, the NPRM seeks comment on the Independent Panel's 

recommendation that the Commission create two Web sites identifying: 

(1) The key state emergency management contacts and post disaster 

staging areas for communications providers; and (2) contact information 

for the Commission's Task Force that coordinates disaster response 

efforts and procedures for facilitating disaster response and outage 

recovery.

    31. In the NPRM, the Commission seeks comment on several 

recommendations intended to facilitate the restoration of public safety 

communications capabilities. For example, it seeks comment on the 

Panel's recommendation that the Commission encourage state and local 

jurisdictions to retain and maintain a cache of equipment components 

that would be needed to immediately restore existing public safety 

communications within hours of a disaster. The NPRM also seeks comment 

on a number of recommendations intended to facilitate interoperability 

among first responder communications, including a recommendation that 

the Commission encourage the expeditious development of regional plans 

for the use of 700 MHz systems and move promptly to review and approve 

such plans.

    32. Regarding 911 and E911 service, the Independent Panel 

recommends that the Commission encourage the implementation of certain 

NRIC best practices intended to promote the reliability and resiliency 

of the 911 and E911 architecture. The Panel recommends that: (1) 

Service providers and network operators consider placing and 

maintaining 911 circuits over diverse interoffice transport facilities 

and should ensure availability of emergency back-up power capabilities 

(located on-site, when appropriate); (2) network operators consider 

deploying dual service 911 selective router architectures as a means 

for eliminating single points of failure; and (3) network operators, 

service providers, equipment suppliers, and public safety authorities 

establish alternative methods of communication for critical personnel. 

The NPRM seeks comment on these recommendations.

    33. With respect to Public Safety Answering Points (PSAPs), the 

Independent Panel recommends (1) the designation of a secondary back-up 

PSAP that is more than 200 miles away to answer calls when the primary 

and secondary PSAPs are disabled; (2) that the Commission work with 

other federal agencies to enhance funding for 911 enhancement and 

interoperability; and (3) that the Commission work to assist the 

emergency medical community to facilitate the resiliency and 

effectiveness of their emergency communications system. The NPRM seeks 

comment on these recommendations. In addition, the Independent Panel's 

Report and Recommendations includes four recommendations regarding the 

emergency medical community, stating that the Commission should, inter 

alia, educate the emergency medical community about emergency 

communications and the various priority communications services and 

help to coordinate this sector's emergency communications efforts. The 

NPRM seeks comment on these recommendations.

    34. Finally, the NPRM seeks comment on the Independent Panel's 

recommendations that the Commission: (1) Work with various industry 

trade associations to create and publicize best practices for serving 

persons with disabilities and persons who do not speak English; and (2) 

encourage state and local government agencies to provide emergency 

information to take steps to make critical emergency information 

accessible to persons with disabilities and persons who do not speak 

English.



Legal Basis



    35. Authority for the actions proposed in this NPRM may be found in 

sections 1, 4(i), 4(o), 201, 303(r), 403, and 706 of the Communications 

Act of 1934, as amended, (Act) 47 U.S.C. 151, 154(i), 154(o), 303(r), 

403 and 606.



Description and Estimate of the Number of Small Entities to Which Rules 

Will Apply



    36. The RFA directs agencies to provide a description of, and, 

where feasible, an estimate of, the number of small entities that may 

be affected by the rules adopted herein. The RFA generally defines the 

term ``small entity'' as having the same meaning as the terms ``small 

business,'' ``small organization,'' and ``small governmental 

jurisdiction.'' In addition, the term ``small business'' has the same 

meaning as the term ``small business concern'' under the Small Business 

Act. A ``small business concern'' is one which: (1) Is independently 

owned and operated; (2) is not dominant in its field of operation; and 

(3) satisfies any additional criteria established by the Small Business 

Administration (SBA).

    37. Nationwide, there are a total of approximately 22.4 million 

small businesses, according to SBA data. A ``small organization'' is 

generally ``any not-for-profit enterprise which is independently owned 

and operated and is not dominant in its field.'' Nationwide, as of 

2002, there were approximately 1.6 million small organizations. The 

term ``small governmental jurisdiction'' is defined generally as 

``governments of cities, towns, townships, villages, school districts, 

or special districts, with a population of less than fifty thousand.'' 

Census Bureau data for 2002 indicate that there were 87,525 local 

governmental jurisdictions in the United States. We estimate that, of 

this total, 84,377 entities were ``small governmental jurisdictions.'' 

Thus, we estimate that most governmental jurisdictions are small.

    38. Television Broadcasting. The SBA has developed a small business 

sized standard for television broadcasting, which consists of all such 

firms having $13 million or less in annual receipts. Business concerns 

included in this industry are those ``primarily engaged in broadcasting 

images together with sound.'' According to Commission staff review of 

the BIA Publications, Inc. Master Access Television Analyzer Database 

(BIA) on October 18, 2005, about 873 of the 1,307 commercial television 

stations (or about 67 percent) have revenues of $12 million or less and 

thus quality as small entities under the SBA definition. We note, 

however, that, in assessing whether a business concern qualifies as 

small under the above definition, business (control) affiliations must 

be included. Our estimate, therefore, likely overstates the number of 

small entities that might be affected by our action, because the 

revenue figure on which it is based does not include or aggregate 

revenues from affiliated companies. There are also 2,127 low power 

television stations (LPTV). Given the nature of this service, we will 

presume that all LPTV licensees qualify as small entities under the SBA 

size standard.



[[Page 38571]]



    39. Radio Stations. The proposed rules and policies potentially 

will apply to all AM and commercial FM radio broadcasting licensees and 

potential licensees. The SBA defines a radio broadcasting station that 

has $6.5 million or less in annual receipts as a small business. A 

radio broadcasting station is an establishment primarily engaged in 

broadcasting aural programs by radio to the public. Included in this 

industry are commercial, religious, educational, and other radio 

stations. Radio broadcasting stations which primarily are engaged in 

radio broadcasting and which produce radio program materials are 

similarly included. However, radio stations that are separate 

establishments and are primarily engaged in producing radio program 

material are classified under another NAICS number. According to 

Commission staff review of BIA Publications, Inc. Master Access Radio 

Analyzer Database on March 31, 2005, about 10,840 (95%) of 11,410 

commercial radio stations have revenue of $6 million or less. We note, 

however, that many radio stations are affiliated with much larger 

corporations having much higher revenue. Our estimate, therefore, 

likely overstates the number of small entities that might be affected 

by our action.

    40. Cable and Other Program Distribution. The Census Bureau defines 

this category as follows: ``This industry comprises establishments 

primarily engaged as third-party distribution systems for broadcast 

programming. The establishments of this industry deliver visual, aural, 

or textual programming received from cable networks, local television 

stations, or radio networks to consumers via cable or direct-to-home 

satellite systems on a subscription or fee basis. These establishments 

do not generally originate programming material.'' The SBA has 

developed a small business size standard for Cable and Other Program 

Distribution, which is: all such firms having $13.5 million or less in 

annual receipts. According to Census Bureau data for 2002, there were a 

total of 1,191 firms in this category that operated for the entire 

year. Of this total, 1,087 firms had annual receipts of under $10 

million, and 43 firms had receipts of $10 million or more but less than 

$25 million. Thus, under this size standard, the majority of firms can 

be considered small.

    41. Cable Companies and Systems. The Commission has also developed 

its own small business size standards, for the purpose of cable rate 

regulation. Under the Commission's rules, a ``small cable company'' is 

one serving 400,000 or fewer subscribers, nationwide. Industry data 

indicate that, of 1,076 cable operators nationwide, all but eleven are 

small under this size standard. In addition, under the Commission's 

rules, a ``small system'' is a cable system serving 15,000 or fewer 

subscribers. Industry data indicate that, of 7,208 systems nationwide, 

6,139 systems have under 10,000 subscribers, and an additional 379 

systems have 10,000-19,999 subscribers. Thus, under this second size 

standard, most cable systems are small.

    42. Cable System Operators. The Communications Act of 1934, as 

amended, also contains a size standard for small cable system 

operators, which is ``a cable operator that, directly or through an 

affiliate, serves in the aggregate fewer than 1 percent of all 

subscribers in the United States and is not affiliated with any entity 

or entities whose gross annual revenues in the aggregate exceed 

$250,000,000.'' The Commission has determined that an operator serving 

fewer than 677,000 subscribers shall be deemed a small operator, if its 

annual revenues, when combined with the total annual revenues of all 

its affiliates, do not exceed $250 million in the aggregate. Industry 

data indicate that, of 1,076 cable operators nationwide, all but ten 

are small under this size standard. We note that the Commission neither 

requests nor collects information on whether cable system operators are 

affiliated with entities whose gross annual revenues exceed $250 

million, and therefore we are unable to estimate more accurately the 

number of cable system operators that would qualify as small under this 

size standard.

    43. Multipoint Distribution Systems. The established rules apply to 

Multipoint Distribution Systems (MDS) operated as part of a wireless 

cable system. The Commission has defined ``small entity'' for purposes 

of the auction of MDS frequencies as an entity that, together with its 

affiliates, has average gross annual revenues that are not more than 

$40 million for the preceding three calendar years. This definition of 

small entity in the context of MDS auctions has been approved by the 

SBA. The Commission completed its MDS auction in March 1996 for 

authorizations in 493 basic trading areas. Of 67 winning bidders, 61 

qualified as small entities. At this time, we estimate that of the 61 

small business MDS auction winners, 48 remain small business licensees.

    44. MDS also includes licensees of stations authorized prior to the 

auction. As noted above, the SBA has developed a definition of small 

entities for pay television services, cable and other subscription 

programming, which includes all such companies generating $13.5 million 

or less in annual receipts. This definition includes MDS and thus 

applies to MDS licensees that did not participate in the MDS auction. 

Information available to us indicates that there are approximately 392 

incumbent MDS licensees that do not generate revenue in excess of $11 

million annually. Therefore, we estimate that there are at least 440 

(392 pre-auction plus 48 auction licensees) small MDS providers as 

defined by the SBA and the Commission's auction rules which may be 

affected by the rules adopted herein.

    45. Instructional Television Fixed Service. The established rules 

would also apply to Instructional Television Fixed Service (ITFS) 

facilities operated as part of a wireless cable system. The SBA 

definition of small entities for pay television services also appears 

to apply to ITFS. There are presently 2,032 ITFS licensees. All but 100 

of these licenses are held by educational institutions. Educational 

institutions are included in the definition of a small business. 

However, we do not collect annual revenue data for ITFS licensees, and 

are not able to ascertain how many of the 100 non-educational licensees 

would be categorized as small under the SBA definition. Thus, we 

tentatively conclude that at least 1,932 are small businesses and may 

be affected by the established rules.

    46. Wireless Service Providers. The SBA has developed a small 

business size standard for wireless small businesses within the two 

separate categories of Paging and Cellular and Other Wireless 

Telecommunications. Under both SBA categories, a wireless business is 

small if it has 1,500 or fewer employees. According to Commission data, 

1,012 companies reported that they were engaged in the provision of 

wireless service. Of these 1,012 companies, an estimated 829 have 1,500 

or fewer employees and 183 have more than 1,500 employees. This SBA 

size standard also applies to wireless telephony. Wireless telephony 

includes cellular, personal communications services, and specialized 

mobile radio telephony carriers. According to the data, 437 carriers 

reported that they were engaged in the provision of wireless telephony. 

We have estimated that 260 of these are small businesses under the SBA 

small business size standard.

    47. Broadband Personal Communications Service. The broadband 

personal communications services (PCS) spectrum is divided into six 

frequency blocks designated A



[[Page 38572]]



through F, and the Commission has held auctions for each block. The 

Commission has created a small business size standard for Blocks C and 

F as an entity that has average gross revenues of less than $40 million 

in the three previous calendar years. For Block F, an additional small 

business size standard for ``very small business'' was added and is 

defined as an entity that, together with its affiliates, has average 

gross revenues of not more than $15 million for the preceding three 

calendar years. These small business size standards, in the context of 

broadband PCS auctions, have been approved by the SBA. No small 

businesses within the SBA-approved small business size standards bid 

successfully for licenses in Blocks A and B. There were 90 winning 

bidders that qualified as small entities in the Block C auctions. A 

total of 93 ``small'' and ``very small'' business bidders won 

approximately 40 percent of the 1,479 licenses for Blocks D, E, and F. 

On March 23, 1999, the Commission reauctioned 155 C, D, E, and F Block 

licenses; there were 113 small business winning bidders. On January 26, 

2001, the Commission completed the auction of 422 C and F Broadband PCS 

licenses in Auction No. 35. Of the 35 winning bidders in this auction, 

29 qualified as ``small'' or ``very small'' businesses. Subsequent 

events, concerning Auction 35, including judicial and agency 

determinations, resulted in a total of 163 C and F Block licenses being 

available for grant.

    48. Incumbent Local Exchange Carriers (Incumbent LECs). We have 

included small incumbent local exchange carriers in this present IRFA 

analysis. As noted above, a ``small business'' under the RFA is one 

that, inter alia, meets the pertinent small business size standard 

(e.g., a telephone communications business having 1,500 or fewer 

employees), and ``is not dominant in its field of operation.'' The 

SBA's Office of Advocacy contends that, for RFA purposes, small 

incumbent LECs are not dominant in their field of operation because any 

such dominance is not ``national'' in scope. We have therefore included 

small incumbent local exchange carriers in this RFA analysis, although 

we emphasize that this RFA action has no effect on Commission analyses 

and determinations in other, non-RFA contexts. Neither the Commission 

nor the SBA has developed a small business size standard specifically 

for incumbent local exchange services. The appropriate size standard 

under SBA rules is for the category Wired Telecommunications Carriers. 

Under that size standard, such a business is small if it has 1,500 or 

fewer employees. According to Commission data, 1,303 carriers have 

reported that they are engaged in the provision of incumbent local 

exchange services. Of these 1,303 carriers, an estimated 1,020 have 

1,500 or fewer employees and 283 have more than 1,500 employees. 

Consequently, the Commission estimates that most providers of incumbent 

local exchange service are small businesses that may be affected by our 

proposed rules.

    49. Competitive Local Exchange Carriers (Competitive LECs), 

Competitive Access Providers (CAPs), ``Shared-Tenant Service 

Providers,'' and ``Other Local Service Providers.'' Neither the 

Commission nor the SBA has developed a small business size standard 

specifically for these service providers. The appropriate size standard 

under SBA rules is for the category Wired Telecommunications Carriers. 

Under that size standard, such a business is small if it has 1,500 or 

fewer employees. According to Commission data, 769 carriers have 

reported that they are engaged in the provision of either competitive 

access provider services or competitive local exchange carrier 

services. Of these 769 carriers, an estimated 676 have 1,500 or fewer 

employees and 93 have more than 1,500 employees. In addition, 12 

carriers have reported that they are ``Shared-Tenant Service 

Providers,'' and all 12 are estimated to have 1.500 or fewer employees. 

In addition, 39 carriers have reported that they are ``Other Local 

Service Providers.'' Of the 39, an estimated 38 have 1,500 or fewer 

employees and one has more than 1,500 employees. Consequently, the 

Commission estimates that most providers of competitive local exchange 

service, competitive access providers, ``Shared-Tenant Service 

Providers,'' and ``Other Local Service Providers'' are small entities 

that may be affected by our proposed rules.

    50. Satellite Telecommunications and Other Telecommunications. 

There is no small business size standard developed specifically for 

providers of satellite service. The appropriate size standards under 

SBA rules are for the two broad census categories of ``Satellite 

Telecommunications'' and ``Other Telecommunications.'' Under both 

categories, such a business is small if it has $13.5 million or less in 

average annual receipts.

    51. The first category of Satellite Telecommunications ``comprises 

establishments primarily engaged in providing point-to-point 

telecommunications services to other establishments in the 

telecommunications and broadcasting industries by forwarding and 

receiving communications signals via a system of satellites or 

reselling satellite telecommunications.'' For this category, Census 

Bureau data for 2002 show that there were a total of 371 firms that 

operated for the entire year. Of this total, 307 firms had annual 

receipts of under $10 million, and 26 firms had receipts of $10 million 

to $24,999,999. Consequently, we estimate that the majority of 

Satellite Telecommunications firms are small entities that might be 

affected by our action.



Description of Projected Reporting, Recordkeeping, and Other Compliance 

Requirements for Small Entities



    52. This NPRM contains proposals that may result in specific 

reporting or recordkeeping requirements. The NPRM seeks comment on the 

Independent Panel's recommendation that the Commission coordinate all 

federal outage and infrastructure reporting requirements in times of 

crisis. Specifically, the NPRM seeks comment on the appropriate content 

of emergency outage reports, format, frequency, distribution and 

related issues. The NPRM requests suggestions on the appropriate 

content of emergency outage reports, format, frequency, distribution 

and related issues. The NPRM also seeks comment on the Independent 

Panel's recommendation that the Commission establish a ``Readiness 

Checklist'' for the communications industry that would include, inter 

alia, developing formal business continuity plans. The NPRM requests 

comment on the appropriate breadth of business continuity plans as well 

as whether the Commission should adopt guidance or criteria for the 

elements that would comprise the Readiness Checklist.



Steps Taken To Minimize the Significant Economic Impact on Small 

Entities, and Significant Alternatives Considered



    53. The RFA requires an agency to describe any significant 

alternatives that it has considered in developing its approach, which 

may include the following four alternatives (among others): ``(1) the 

establishment of differing compliance or reporting requirements or 

timetables that take into account the resources available to small 

entities; (2) the clarification, consolidation, or simplification of 

compliance and reporting requirements under the rule for such small 

entities; (3) the use of performance rather than design standards; and 

(4) an exemption



[[Page 38573]]



from coverage of the rule, or any part thereof, for such small 

entities.'' We invite comment on whether small entities should be 

subject to different requirements if we adopt rules to promote more 

effective, efficient response and recovery efforts, and whether 

differentiating such requirements based on the size of the entities is 

warranted. For example, should there be timing differences for 

requirements imposed on small entities? Should small entities be 

subject to different continuity of operations requirements?



Federal Rules That May Duplicate, Overlap, or Conflict With the 

Proposed Rules



    54. None.



Ex Parte Rules



    These matters shall be treated as a ``permit-but-disclose'' 

proceeding in accordance with the Commission's ex parte rules. Persons 

making oral ex parte presentations are reminded that memoranda 

summarizing the presentations must contain summaries of the substance 

of the presentations and not merely a listing of the subjects 

discussed. More than a one or two sentence description of the views and 

arguments presented is generally required. Other requirements 

pertaining to oral and written presentations are set forth in Sec.  

1.1206(b) of the Commission's rules.



Ordering Clauses



    55. It is ordered, that pursuant to sections 1, 4(i) and (o), 201, 

303(r), 403, and 706 of the Communications Act of 1934, as amended, 47 

U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 606, this Notice of 

Proposed Rulemaking Is hereby Adopted.

    56. It is further ordered that the Commission's Consumer and 

Government Affairs Bureau, Reference Information Center, Shall Send a 

copy of this Notice of Proposed Rulemaking, including the Initial 

Regulatory Flexibility Analysis, to the Chief Council for Advocacy of 

the Small Business Administration.



Federal Communications Commission.

William F. Caton,

Deputy Secretary.



Independent Panel Reviewing the Impact of Hurricane Katrina on 

Communications Networks



Report and Recommendations to the Federal Communications Commission



June 12, 2006.



TABLE OF CONTENTS



EXECUTIVE SUMMARY

INTRODUCTION

I. Panel Formation and Charge

II. Process and Activities of the Panel

PANEL OBSERVATIONS REGARDING THE IMPACT OF HURRICANE KATRINA ON THE 

COMMUNICATIONS SECTOR AND THE SUFFICIENCY AND EFFECTIVENESS OF THE 

RECOVERY EFFORT

I. Network Reliability and Resiliency

    A. Effect of Hurricane Katrina on Various Types of 

Communications Networks

    B. Major Problems Identified Following Katrina

II. Recovery Coordination and Procedures

    A. Access to the Affected Area and Key Resources

    B. Coordination Between Industry and Government

    C. Emergency Communications Services and Programs

III. First Responder Communications

    A. Lack of Advanced Planning for Massive System Failures

    B. Lack of Interoperability

    C. PSAP Rerouting

    D. Emergency Medical Communications

IV. Emergency Communications to the Public

    A. Lack of Activation

    B. Limitations on Coverage

    C. Reaching Persons With Disabilities and Non-English Speaking 

Americans

    D. Inconsistent or Incorrect Emergency Information

RECOMMENDATIONS

CONCLUSION

APPENDIX A: Members of the Independent Panel



EXECUTIVE SUMMARY



    The Independent Panel Reviewing the Impact of Hurricane Katrina on 

Communications Networks (``Katrina Panel'' or ``Panel'') hereby submits 

its report to the Federal Communications Commission (``Commission'' or 

``FCC''). The Panel is charged with studying the impact of Hurricane 

Katrina on the telecommunications and media infrastructure in the areas 

affected by the hurricane and making recommendations for improving 

disaster preparedness, network reliability and communications among 

first responders.



FINDINGS



    Hurricane Katrina had a devastating impact on the Gulf Coast 

region, including its communications networks. The sheer force of this 

deadly hurricane and the extensive flooding from the breached levees in 

New Orleans severely tested the reliability and resiliency of the 

communications infrastructure in the area. Indeed, every sector of the 

communications industry was impacted by the storm. The Panel observed 

that most of the region's communications infrastructure fared fairly 

well through the storm's extreme wind and rain, with the coastal areas 

suffering the worst damage. However, the unique conditions in Katrina's 

aftermath--substantial flooding, widespread, extended power outages, 

and serious security issues--were responsible for damaging or 

disrupting communications service to a huge geographic area for a 

prolonged period of time. Indeed, in reviewing the impact on each 

communications sector, there appeared to be three main problems that 

caused the majority of communications network interruptions: (1) 

flooding; (2) lack of power and/or fuel; and (3) failure of redundant 

pathways for communications traffic. In addition, a fourth item--

inadvertent line cuts during restoration--resulted in additional 

network damage, causing new outages or delaying service restoration.

    The Panel also observed significant impediments to the recovery 

effort resulting from:

     Inconsistent and unclear requirements for communications 

infrastructure repair crews and their subcontractors to gain access to 

the affected area;

     Limited access to power and/or generator fuel;

     Limited security for communications infrastructure and 

personnel;

     Lack of pre-positioned back-up equipment;

     Lack of established coordination between the 

communications industry and state and local officials as well as among 

federal, state and local government officials with respect to 

communications matters; and

     Limited use of available priority communications services, 

such as GETS, WPS and TSP.

    On a more positive note, in the wake of the storm, lines of 

communication between the communications industry and the federal 

government were established and seemed generally effective in 

facilitating coordination, promptly granting needed regulatory relief, 

and gathering outage information. The FCC was widely praised as playing 

a critical role in helping to restore communications connectivity. In



[[Page 38574]]



addition, ad hoc, informal sharing of fuel and equipment among 

communications industry participants helped to maximize the assets 

available and bolster the recovery effort. However, additional 

coordination of personnel and assets within industry and among 

government agencies could have substantially facilitated restoration of 

communications networks.

    With respect to emergency communications, Hurricane Katrina 

significantly hampered the functionality of these typically resilient 

systems. The areas in and around New Orleans were seriously impacted, 

due to heavier storm impact and the levee flooding. As a result, more 

than 2,000 police, fire and emergency medical service personnel were 

forced to communicate in single channel mode, radio-to-radio, utilizing 

only three mutual aid frequencies. This level of destruction did not 

extend to inland areas, which generally did not lose their 

communications capabilities and were soon operating at pre-Katrina 

capabilities. In the hardest hit areas, however, the disruption of 

public safety communications operability, as well as a lack of 

interoperability, frustrated the response effort and caused tremendous 

confusion among official personnel and the general public.

    The Panel observed that lack of effective first responder 

communications after the storm revealed inadequate planning, 

coordination and training on the use of technologies that can help to 

restore emergency communications. Very few public safety agencies had 

stockpiles of key equipment on hand to implement rapid repairs or 

alternative, redundant systems to turn to when their primary systems 

failed. To the extent alternative systems were available, lack of 

training and familiarity with the equipment limited functionality and 

impeded the recovery effort. Communications assets that could have been 

used to fill gaps were apparently not requested or deployed in 

sufficient quantities to have a significant impact. Hurricane Katrina 

also highlighted the long-standing problem of interoperability among 

public safety communications systems operating in different frequency 

bands and with different technical standards. Additionally, 911 

emergency call handling suffered from a lack of preprogrammed routing 

of calls to PSAPs not incapacitated by the hurricane. Finally, the 

emergency medical community seemed lacking in contingency 

communications planning and information about technologies and services 

that might address their critical communications needs.

    The use of communications networks to disseminate reliable 

emergency information to the public is critical--before, during and 

after such events. While the Panel understands that the National 

Weather Service used the Emergency Alert System (``EAS'') to provide 

severe weather warnings to citizens in the Gulf States in advance of 

Katrina making landfall, the system was apparently not utilized by 

state and local officials to provide localized emergency evacuation and 

other important information. In the absence of EAS activation, 

inconsistent or erroneous information was sometimes provided within the 

affected area. Further, the Panel heard about notification technologies 

that may permit emergency messages to be sent to wireline and wireless 

telephones as well as personal digital assistants and other mobile 

devices, thus complementing the traditional broadcast-based EAS. 

Ensuring emergency communications reach Americans with hearing or 

visual disabilities or who do not speak English was a major challenge. 

Although the broadcast industry has taken significant steps to provide 

on-screen sign language interpreters, closed captioning, and critical 

information in a second language, these steps were reported to be 

insufficient in certain instances. Shelters also generally did not have 

communications capabilities for those with hearing or speech 

disabilities.



RECOMMENDATIONS



    Based upon its observations regarding the impact of Hurricane 

Katrina on communications networks and the sufficiency and 

effectiveness of the recovery effort, the Panel has developed a number 

of recommendations to the FCC for improving disaster preparedness, 

network reliability and communications among first responders. These 

recommendations fall within four basic areas:

    [rtrif] Pre-positioning the communications industry and the 

government for disasters in order to achieve greater network 

reliability and resiliency. These recommendations include:

     Pre-positioning for the Communications Industry--A 

Readiness Checklist. The FCC should work with and encourage each 

industry sector, through their organizations or associations, to 

develop and publicize sector-specific readiness recommendations.

     Pre-positioning for Public Safety--An Awareness Program 

for Non-Traditional Emergency Alternatives. The FCC should take steps 

to educate the public safety community about the availability and 

capabilities of non-traditional technologies that might provide 

effective back-up solutions for existing public safety communications 

systems.

     Pre-positioning for FCC Regulatory Requirements--An A 

Priori Program for Disaster Areas. The FCC should explore amending its 

rules to permit automatic grants of certain types of waivers or special 

temporary authority (STA) in a particular geographic area if the 

President declares that area to be a ``disaster area''.

     Pre-positioning for Government Outage Monitoring--A Single 

Repository and Contact with Consistent Data Collection. The FCC should 

coordinate with other federal and state agencies to identify a single 

repository/point of contact for communications outage information in 

the wake of an emergency. The Panel suggests that the FCC is the 

Federal agency best situated to perform this function.

    [rtrif] Improving recovery coordination to address existing 

shortcomings and to maximize the use of existing resources. These 

recommendations include:

     Remedying Existing Shortcomings--National Credentialing 

Guidelines for Communications Infrastructure Providers. The FCC should 

work with other appropriate federal departments and agencies and the 

communications industry to promptly develop national credentialing 

requirements and process guidelines for enabling communications 

infrastructure providers and their contracted workers access to the 

affected area post-disaster.

     Remedying Existing Shortcomings--Emergency Responder 

Status for Communications Infrastructure Providers. The Panel supports 

the National Security Telecommunications Advisory Committee's 

(``NSTAC's'') recommendation that telecommunications infrastructure 

providers and their contracted workers be afforded emergency responder 

status under the Stafford Act, but recommends that it be broadened to 

include all communications infrastructure providers.

     Remedying Existing Shortcomings--Utilization of State/

Regional Coordination Bodies. The FCC should work with state and local 

government and the communications industry (including wireline, 

wireless, WISP, satellite, cable and broadcasting) to better utilize 

the coordinating capabilities at regional, state and local Emergency 

Operations Centers, as well as the Joint Field Office.

     Maximizing Existing Resources--Expanding and Publicizing 

Emergency



[[Page 38575]]



Communications Programs (GETS, WPS, and TSP). The FCC should work with 

the National Communications System (``NCS'') to actively and 

aggressively promote GETS, WPS and TSP to all eligible government, 

public safety, and critical industry groups.

     Maximizing Existing Resources--Broadening NCC to Include 

All Communications Infrastructure Sectors. The FCC should work with the 

NCS to broaden the membership of the National Coordination Center for 

Telecommunications (``NCC'') to include adequate representation of all 

types of communications systems, including broadcast, cable, satellite 

and other new technologies, as appropriate.

     Maximizing Existing Resources--FCC Web site for Emergency 

Coordination Information. The FCC should create a password-protected 

Web site, accessible by credentialed entities, listing the key state 

emergency management contacts, as well as post-disaster coordination 

areas for communications providers.

     Maximizing Existing Resources--FCC Web site for Emergency 

Response Team Information. The FCC should create a Web site to 

publicize the agency's emergency response team's contact information 

and procedures for facilitating disaster response and outage recovery.

    [rtrif] Improving the operability and interoperability of public 

safety and 911 communications in times of crisis. These recommendations 

include:

     Essential Steps in Pre-positioning Equipment, Supplies and 

Personnel--An Emergency Restoration Supply Cache and Alternatives 

Inventory. The FCC should encourage state and local jurisdictions to 

retain and maintain, including through arrangements with the private 

sector, a cache of equipment components that would be needed to 

immediately restore existing public safety communications. The FCC 

should also work with the NCC to develop inventories of alternative 

communications assets.

     Essential Steps in Enabling Emergency Communications 

Capabilities--Facilitating First Responder Interoperability. The FCC 

should take several steps to facilitate interoperability among first 

responder communications, including maintaining the schedule for 

commercial spectrum auctions to fund the federal public safety grant 

programs; working with the National Telecommunications and Information 

Administration (``NTIA'') and the Department of Homeland Security 

(``DHS'') to establish appropriate criteria for these grants; 

encouraging the expeditious development and approval of 700 MHz 

regional plans; working with NTIA and DHS to develop spectrum sharing 

among federal, state and local agencies for emergency response 

purposes; and publicizing interoperability successes and best 

practices.

     Essential Steps in Addressing E-911 Lessons Learned--A 

Plan for Resiliency and Restoration of E-911 Infrastructure and Public 

Safety Answering Points (``PSAPs''). The FCC should encourage 

implementation of certain Network Reliability and Interoperability 

Council (``NRIC'') best practice recommendations to ensure more robust 

E-911 service. In addition, the FCC should recommend and take steps to 

permit the designation of a secondary back-up PSAP more than 200 miles 

away, as well as urge applicable federal programs to expand eligibility 

for 911 enhancement/interoperability grants.

     Essential Steps in Addressing Lessons Learned Concerning 

Emergency Medical and Hospital Communications Needs--An Outreach 

Program to Educate and Include the Emergency Medical Community in 

Emergency Communications Preparedness. The FCC should work to assist 

the emergency medical community to facilitate the resiliency and 

effectiveness of their emergency communications systems through 

education and clarification of Stafford Act classification and funding 

eligibility.

    [rtrif] Improving communication of emergency information to the 

public. These recommendations include:

     Actions to Alert and Inform--Revitalize and Publicize the 

Underutilized Emergency Alert System. The FCC should revitalize and 

publicize the underutilized EAS through education and the exploration 

of complementary notification technologies.

     Actions to Alert and Inform--Commence Efforts to Ensure 

that Persons with Disabilities and Non-English-Speaking Americans 

Receive Meaningful Alerts. The FCC should commence efforts to ensure 

that persons with disabilities and non-English-speaking Americans 

receive meaningful alerts, including resolving technical hurdles to 

these individual's utilization of EAS, publicizing best practices for 

serving these individuals, and encouraging state and local emergency 

agencies to make critical emergency information accessible to persons 

with disabilities and non-English-speaking Americans.

     Actions to Alert and Inform--Ensure Consistent and 

Reliable Emergency Information Through a Consolidated and Coordinated 

Public Information Program. The FCC should work with federal, state and 

local agencies to ensure consistent and reliable emergency information 

through a consolidated and coordinated public information program.

* * * * *

    The Katrina Panel commends Chairman Martin and the Commission for 

their actions to assist industry and first responders before, during 

and after Hurricane Katrina and for forming this Panel to identify 

steps to be taken to enhance readiness and recovery in the future. The 

Panel hopes that its observations and recommendations prove useful to 

the Commission and assist our Nation in preparing for and responding to 

future hurricanes and any other disasters that might lay ahead for us.



INTRODUCTION



    The Independent Panel Reviewing the Impact of Hurricane Katrina on 

Communications Networks (``Katrina Panel'' or ``Panel'') hereby submits 

its report to the Federal Communications Commission (``Commission'' or 

``FCC''). The Panel is charged with studying the impact of Hurricane 

Katrina on the telecommunications and media infrastructure\1\ in the 

areas affected by the hurricane. As directed by the Commission, this 

report presents the Panel's findings as well as recommendations for 

improving disaster preparedness, network reliability and communications 

among first responders.

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    \1\ Throughout this report, the terms ``communications 

infrastructure'' and ``communications networks'' are intended to 

refer to both telecommunications (e.g., telephony, wireless, 

satellite, WISP) and media (e.g., radio, television, cable) 

infrastructure. ``Communications providers'' is intended to refer to 

the operators of these networks.

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I. Panel Formation and Charge



    On September 15, 2005, FCC Chairman Kevin J. Martin announced that 

he would establish an independent expert panel to review the impact of 

Hurricane Katrina on the communications infrastructure.\2\ Chairman 

Martin made the announcement at the FCC's Open Meeting focusing on the 

effects of Hurricane Katrina, which was held in



[[Page 38576]]



Atlanta, Georgia. He stated that the Panel would be composed of public 

safety and communications industry representatives.\3\ The twenty-seven 

members of the Panel, reflecting that diverse composition, are 

identified in Appendix A. Chairman Martin appointed Nancy J. Victory of 

Wiley Rein & Fielding LLP, the former Assistant Secretary of Commerce 

for Communications and Information and Administrator of the National 

Telecommunications and Information Administration, to chair the 

Panel.\4\

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    \2\ Statement of Kevin J. Martin, Chairman, Federal 

Communications Commission, Open Meeting on the Effects of Hurricane 

Katrina, Atlanta, GA, at 3 (Sept. 15, 2005), available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261095A1.pdf

 



[hereinafter ``Martin Sept. 15 Statement'']; see also FCC Takes 

Steps to Assist in Hurricane Katrina Disaster Relief, 2005 FCC LEXIS 

5109 (rel. Sept. 15, 2005) (Commission news release).

    \3\ Martin Sept. 15 Statement at 3.

    \4\ Chairman Kevin J. Martin Names Nancy J. Victory as Chair of 

the Federal Communication Commission's Independent Panel Reviewing 

the Impact of Hurricane Katrina on Communications Networks, 2005 FCC 

LEXIS 6514 (rel. Nov. 28, 2005) (Commission news release).

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    In accordance with the requirements of the Federal Advisory 

Committee Act, the FCC published a notice announcing the establishment 

of the Katrina Panel in the Federal Register on January 6, 2006.\5\ The 

Panel's charter details the Katrina Panel's objectives and the scope of 

its activity.\6\ Specifically, the Charter directs the Panel:

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    \5\ See Federal Communications Commission, Federal Advisory 

Committee Act, Notice, 71 Fed. Reg. 933 (Jan. 6, 2006), available at 

http://www.fcc.gov/eb/hkip/hkipnoe.pdf. Access to the public 



comments filed with and notices generated by the Katrina Panel 

(unless otherwise noted with a URL designation in the citations 

which follow) is through the Panel's website, available at http://www.fcc.gov/eb/hkip/

.



    \6\ See FCC Independent Panel Reviewing the Impact of Hurricane 

Katrina on Communications Networks, Charter (filed Jan. 9, 2006), 

available at http://www.fcc.gov/eb/hkip/HKIPCharter.pdf.



---------------------------------------------------------------------------



     To study the impact of Hurricane Katrina on all sectors of 

the telecommunications and media industries, including public safety 

communications;

     To review the sufficiency and effectiveness of the 

recovery effort with respect to this infrastructure; and

     To make recommendations to the Commission by June 15, 2006 

regarding ways to improve disaster preparedness, network reliability, 

and communication among first responders such as police, fire fighters, 

and emergency medical personnel.\7\

---------------------------------------------------------------------------



    \7\ Id. at 1-2.

---------------------------------------------------------------------------



    Pursuant to the Charter, the Panel became operational on January 9, 

2006. The Charter also provides that the Panel will terminate on June 

15, 2006 and must carry out its duties before that date.



II. Process and Activities of the Panel



    In order to gather information to fulfill the directives of its 

Charter, the Panel called upon the experiences of its members, many of 

whom were directly involved in the recovery efforts following Hurricane 

Katrina. The Panel also solicited broad public input by providing 

processes by which interested parties could submit written comments\8\ 

and provide oral presentations.\9\ The Panel additionally invited 

certain experts to present to the Panel or demonstrate new technologies 

and applications. The written comments received by the Panel, as well 

as transcripts of the Panel's meetings, are publicly available at the 

FCC's Public Reference Room and on the Panel's website. Finally, the 

Panel also reviewed publicly available information regarding matters 

under the Panel's consideration.

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    \8\ See, e.g., Federal Communications Commission, Federal 

Advisory Committee Act; Independent Panel Reviewing the Impact of 

Hurricane Katrina on Communications Networks, Notice of opportunity 

to provide oral presentations, 71 Fed. Reg. 5846 (Feb. 3, 2006), 

available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-1057.pdf

.



    \9\ Id.

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    The Panel met five times to hear oral presentations, to discuss 

draft findings and recommendations, and to finalize and approve this 

report. Those meetings occurred on January 30, March 6-7, April 18, May 

12, and June 9, 2006. The March 6-7 meeting was held in Jackson, 

Mississippi, where the Panel was able to hear oral presentations by 

interested parties. All other meetings of the Panel occurred in 

Washington, DC. All of these meetings were public, with prior notice of 

their date, time and location provided to the public.\10\

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    \10\ See, e.g., Notice of Appointment Of Members To Serve On 

Federal Communications Commission's Independent Panel Reviewing The 

Impact Of Hurricane Katrina On Communications Networks; And 

Independent Panel's First Meeting Scheduled For January 30, 2006, 

Public Notice, 21 FCC Rcd 197 (2006). The Commission also published 

notices in the Federal Register announcing Panel meetings. See, 

e.g., Federal Communications Commission, Federal Advisory Committee 

Act; Independent Panel Reviewing the Impact of Hurricane Katrina on 

Communications Networks, Notice of public meeting, 71 Fed. Reg. 2233 

(Jan. 13, 2006). The Panel's website at &fnl;http://www.fcc.gov/eb/hkip/Meetings.html

 contains more information about meeting notices.



---------------------------------------------------------------------------



    The Panel formed informal working groups (``IWGs''), made up of 

small numbers of Panel members, to help it effectively review and 

process the necessary information within the time required. The working 

groups met numerous times in person and telephonically during the 

Panel's existence. These working groups were not decision-making 

bodies. Rather, they compiled and sorted information in particular 

issue areas for presentation to the full Panel. The Panel had three 

informal working groups:

     IWG-1: Infrastructure Resiliency. This working group 

focused its discussions and efforts on four main areas: (1) Reviewing 

how and why certain portions of the communications networks failed; (2) 

identifying which portions of the communications networks continued to 

work and withstood the hurricane and why; (3) examining how 

communications technology can be made less vulnerable to failing; and 

(4) studying what steps can be taken, pre-event, to strengthen the 

communications infrastructure. Marion Scott, Vice President--

Operations, CenturyTel, served as the Chair of this working group and 

Steve Dean, Fire Chief of Mobile, Alabama, served as Vice-Chair.

     IWG-2: Recovery Coordination and Procedures. This working 

group focused on seven main issues: (1) Examining ways to increase the 

speed with which communications networks can be restored post-event; 

(2) reviewing whether communications technology could have been used 

more effectively during the recovery period, including issues relating 

to consumer education and post-event deployment of communications 

technology; (3) reviewing the intra-industry procedures that 

communications providers use to coordinate recovery efforts; (4) 

reviewing the industry-government procedures that private 

communications firms and federal, state and local governments use to 

coordinate recovery efforts; (5) studying ways that private industry 

can obtain faster and more efficient access to impacted areas; (6) 

reviewing the security and protection procedures utilized by private 

communications industry members when they send their first responders 

to impacted areas; and (7) reviewing how well emergency communications 

services, including Telecommunications Service Priority, Government 

Emergency Telecommunications Service, and Wireless Priority Service, 

performed during Katrina and the extent to which emergency responders 

used these services. Steve Davis, Senior Vice President--Engineering, 

Clear Channel Radio, served as the Chair of this working group and Lt. 

Colonel Joseph Booth, Deputy Superintendent, Louisiana State Police, 

served as Vice-Chair.

     IWG-3: Emergency Communications. This working group 

focused on six main issues: (1) Identifying means for ensuring or 

enabling rapid deployment of interoperable communications in the wake 

of an event like Hurricane Katrina that can be implemented in the short 

term; (2) identifying any coordination that needs to occur among public 

safety entities to facilitate implementation of



[[Page 38577]]



such a system in the wake of a disaster; (3) reviewing Hurricane 

Katrina's impact on the Gulf Coast Region's 911 and E-911 systems; (4) 

reviewing the impact of the hurricane on PSAPs and the procedures used 

to re-route emergency calls; (5) examining whether and how the 

communications networks could have provided greater 911 connectivity 

for private citizens; and (6) reviewing the adequacy of emergency 

communications to the public before, during and after the hurricane, 

and the best ways to alert and inform the public about emergencies in 

the future. Steve Delahousey, Vice President--Operations, American 

Medical Response, served as the Chair of this working group and Jim 

Jacot, Vice President, Cingular Network Group, served as Vice-Chair.

    Typically, discussion about various findings and recommendations 

occurred first within the working groups. The working groups then 

presented draft findings and recommendations to the full Panel for 

further discussion. Certain issues were referred back to the working 

groups for additional discussion and revision.

    The Panel held its final meeting on June 9, 2006. During this 

meeting, the Panel discussed the final draft report, including 

recommendations to the Commission. The Panel then unanimously approved 

this report for submission to the Commission.\11\

---------------------------------------------------------------------------



    \11\ The Panel would like to recognize and express appreciation 

to Lisa Fowlkes and Jean Ann Collins, the Designated and Alternate 

Designated FACA Officers for the Panel, for their important 

contributions in enabling the Panel to carry out its mission under 

the Charter. In addition, the Panel would like to thank Michael A. 

Lewis, Thomas Dombrowsky, and Brendan T. Carr of Wiley Rein & 

Fielding LLP for their considerable assistance in preparing this 

report.

---------------------------------------------------------------------------



PANEL OBSERVATIONS REGARDING THE IMPACT OF HURRICANE KATRINA ON THE 

COMMUNICATIONS SECTOR AND THE SUFFICIENCY AND EFFECTIVENESS OF THE 

RECOVERY EFFORT



    The Katrina Panel has been charged with studying the impact of 

Hurricane Katrina on all sectors of the telecommunications and media 

industries, including public safety communications. The Panel has also 

been directed to review the effectiveness of the recovery effort with 

respect to this infrastructure. To inform its views on these issues, 

the Panel heard oral presentations and reviewed written comments from 

numerous government and industry representatives, as well as other 

interested members of the public. The Panel members also brought to 

bear their own experiences with Hurricane Katrina and its aftermath. As 

a result of digesting and discussing all of this information, the Panel 

members identified a number of areas where problems were observed or 

communications recovery and restoration efforts could have been more 

effective. The Panel also identified areas where successes were 

achieved--successes that should be repeated. These observed problems 

and successes, which are detailed below, generally formed the basis for 

the Panel's recommendations to the Commission.

    The Panel's observations below are divided into four sections. 

Section I, Network Reliability and Resiliency, discusses the successes 

and failures in the resiliency and reliability of various types of 

communications networks from an operational perspective. This section 

looks at the effects of both the hurricane itself and the subsequent 

levee breaches on communications infrastructure. Section II, Recovery 

Coordination and Procedures, reviews the challenges communications 

infrastructure providers encountered in restoring and maintaining 

communications service, particularly with regard to access and 

credentialing issues, restoration of power, and security. Section III, 

First Responder Communications, examines the challenges posed to public 

safety and emergency first responders in the days following Hurricane 

Katrina. And finally Section IV, Emergency Communication to the Public, 

focuses on the adequacy and effectiveness of emergency communications 

to the public before, during and after Hurricane Katrina.



I. Network Reliability and Resiliency



    The sheer force of Hurricane Katrina and the extensive flooding 

resulting from the breached levees severely tested the reliability and 

resiliency of communications networks in the Gulf Coast region. Katrina 

also affected areas of the Gulf Coast in varied fashions. In the high 

impact zones near Gulfport, MS and New Orleans, LA, the hurricane 

created much heavier damage to the infrastructure due to strong winds 

and, in New Orleans, extensive flooding in the days after the storm. In 

less impacted areas, damage was less severe and recovery efforts were 

more easily accomplished. Katrina taxed each type of communications 

infrastructure in a variety of ways: (1) strong winds and rain made it 

difficult for technical staff to support and maintain the networks and 

blew antennas out of alignment; (2) heavy flooding following Katrina 

overwhelmed a large portion of the communications infrastructure, 

damaging equipment and impeding recovery; (3) single points of failure 

in vital communications links led to widespread communications outages 

across a variety of networks; and (4) the duration of power outages far 

outlasted most generator fuel reserves, leading to the failure of 

otherwise functional infrastructure. However, there were resiliency 

successes in the aftermath: (1) a large portion of the communications 

infrastructure withstood the storm's wind and rain with only minor 

damage (as distinguished from post-storm flooding from levee breaches 

and power outages, which had a more devastating impact); (2) satellite 

networks, although taxed by extensive numbers of additional users, 

remained available and usable throughout the affected region; and (3) 

the communications networks operated by utilities appeared to have a 

very high rate of survivability. By examining the failures in network 

resiliency and reliability, along with the successes, we can better 

prepare communications infrastructure to withstand or quickly recover 

from future catastrophic events.



A. Effect of Hurricane Katrina on Various Types of Communications 

Networks



    Hurricane Katrina and its aftermath had a devastating impact on 

communications networks in the Gulf Coast region. In the affected areas 

of Louisiana, Mississippi and Alabama, more than three million customer 

telephone lines were knocked out of service. Both switching centers and 

customer lines sustained damage. Thirty-eight 911 call centers went 

down. Approximately 100 broadcast stations were unable to transmit and 

hundreds of thousands of cable customers lost service.\12\ Even 

generally resilient public safety networks experienced massive outages. 

In short, Katrina had a catastrophic impact over a huge geographic 

area. Further, due to the unique circumstances associated with this 

disaster, repair and activation of the communications infrastructure in 

the region was not a matter of days, but rather a long and slow 

process.

---------------------------------------------------------------------------



    \12\ See Written Statement of Kevin J. Martin, Chairman, Federal 

Communications Commission, Hearing on Public Safety Communications 

from 9/11 to Katrina: Critical Public Policy Lessons, Before the 

Subcommittee on Telecommunications and the Internet, Committee on 

Energy and Commerce, United States House of Representatives, at 2 

(Sept. 29, 2005), available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261417A1.pdf

 [hereinafter ``Martin Sept. 29 



Written Statement''].

---------------------------------------------------------------------------



    To understand the precise impact that Hurricane Katrina had on 

communications networks, it is useful to distinguish between the impact 

of the



[[Page 38578]]



storm itself (i.e., hurricane force winds and rain) and the effect of 

what came later--extensive flooding from breached levees and 

widespread, long term power outages. As detailed below, it appears that 

most communications infrastructure in the areas impacted by Katrina 

fared fairly well through the storm's wind and rain, in most cases 

sustaining only minor damage or damage that should have been promptly 

repairable. Indeed, the tower industry reported that of all the towers 

in the path of the 2005 hurricanes in the Southeastern and Gulf Coast 

areas of the United States, less than 1 percent suffered any structural 

damage.\13\ The coastal areas that bore the brunt of the storm suffered 

the worst infrastructure damage from the hurricane. Not to diminish the 

significant impact of the hurricane itself, what made Katrina unique 

and particularly catastrophic were the unique conditions after the 

winds subsided--substantial flooding and widespread, extended power 

outages. These developments impacted communications networks greatly, 

causing irreparable damage to submerged electronics and prolonged 

outages in many cases. The Panel's observations on how each type of 

communications infrastructure withstood Katrina and its challenging 

aftermath is presented below.

---------------------------------------------------------------------------



    \13\ See Comments of PCIA--The Wireless Infrastructure 

Association, at 1 (May 15, 2006).

---------------------------------------------------------------------------



    1. Public Safety Communications Networks. Public safety 

communications networks are generally built to be reliable in extreme 

conditions.\14\ To ensure this, the systems are planned to accommodate 

everyday peak service times as well as large incidents. They are also 

designed to account for radio system disruptions, such as power 

outages, transmission failures, system interconnect failures, and 

personal radio equipment failures. However, these systems are generally 

not designed for widespread catastrophes of long duration--the 

situation resulting from Katrina.\15\ As a result of the storm and its 

aftermath, public safety networks in the Gulf states experienced a 

large number of transmission outages that impacted the functionality of 

both primary and back-up systems. The loss of power and the failure of 

switches in the wireline telephone network also had a huge impact on 

the ability of public safety systems to function.\16\ Public safety 

personnel's apparent lack of familiarity with the operation of back-up 

or alternate systems (such as satellite systems) also limited 

functionality.

---------------------------------------------------------------------------



    \14\ See, e.g., Written Statement of Chief Harlin R. McEwen, 

Chairman, Communications and Technology Committee, International 

Association of Chiefs of Police, at 2 (Mar. 6, 2006) [hereinafter 

``McEwen Mar. 6 Written Statement''].

    \15\ Id. at 4.

    \16\ See id. at 6.

---------------------------------------------------------------------------



    a. Tower Failures. In general, public safety's antenna towers 

remained standing after the storm. The winds did blow antennas out of 

alignment, requiring readjustment. However, the main cause of 

transmission failures was loss of power (as discussed below). Most 

public safety radio systems by design are able to handle and manage a 

single or isolated subsystem failure or loss.\17\ However, Katrina 

affected parts of four states, causing transmission losses at a much 

greater number and over a larger area than public safety planning had 

envisioned.

---------------------------------------------------------------------------



    \17\ See id. at 5.

---------------------------------------------------------------------------



    b. Power Failures. Power for radio base stations and battery/

chargers for portable radio devices are carefully planned for public 

safety systems. However, generators are typically designed to keep base 

stations operating for 24 to 48 hours. The long duration of power 

outages in the wake of Katrina substantially exceeded the capabilities 

of most of public safety's back-up generators and fuel reserves.\18\ 

Similarly, portable radios and back-up batteries generally have an 8 to 

10 hour duty cycle.\19\ Without access to power to recharge the devices 

and backup batteries, portable devices quickly ran out of power.

---------------------------------------------------------------------------



    \18\ See id.

    \19\ Id. at 6.

---------------------------------------------------------------------------



    c. Wireline and Network Infrastructure Failures. Katrina and the 

subsequent levee breaches caused significant failures of the Public 

Switched Telephone Network (``PSTN''), particularly in the New Orleans 

area.\20\ Public safety radio networks rely on interconnection with the 

PSTN or by fixed microwave links to get communications through to 

public safety responders. Given PSTN failures, as well as damage to 

fixed microwave links, public safety communications were significantly 

affected.

---------------------------------------------------------------------------



    \20\ Id.

---------------------------------------------------------------------------



    d. Training Issues. Because of failures of the primary public 

safety networks, public safety personnel had to utilize back-up or 

alternative communications technologies with which they may not have 

had substantial experience. Confusion or unfamiliarity with the 

capabilities or operational requirements of the alternative technology 

seemed to result in limitations in functionality.\21\ For example, some 

public safety personnel handed satellite phones were not familiar with 

their special dialing requirements and, as a result, thought the phones 

did not work.\22\ Public safety personnel did not seem to have adequate 

training on alternative communications technologies, such as paging, 

satellite, license-exempt WISP systems, and thus were not able to 

transition seamlessly to these alternatives when existing public safety 

communications networks failed. Additionally, because alternative 

technologies were used so infrequently, there were reported problems 

with upkeep and maintenance of the equipment.\23\

---------------------------------------------------------------------------



    \21\ See, e.g., Oral Testimony of Dr. Sandy Bogucki, U.S. 

Department of Health and Human Services, Tr. at 54-55 (Mar. 6, 2006) 

[hereinafter ``Bogucki Mar. 6 Oral Testimony''].

    \22\ Written Testimony of David Cavossa, Executive Director, 

Satellite Industry Association, Before the FCC's Independent Panel 

Reviewing the Impact of Hurricane Katrina, at 4-5 (Mar. 3, 2006) 

[hereinafter ``Cavossa-SIA Written Testimony'']; Bogucki Mar. 6 Oral 

Testimony, Tr. at 55.

    \23\ See Bogucki Mar. 6 Oral Testimony, Tr. at 55.

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    2. Public Safety Answering Points (PSAPs). Handling of 911 calls 

was identified as a problem during Katrina. As a result of the storm 

and subsequent flooding, thirty-eight 911 call centers ceased to 

function.\24\ Limited training and advanced planning on how to handle 

rerouting of emergency calls under this situation created serious 

problems.\25\ As an example, the City of Biloxi was able to relocate 

their 911 call center prior to landfall; however, representatives 

relocated to the facility did not have full 911 capabilities. This 

severely hampered their ability to effectively route 911 calls to the 

appropriate agencies. The Katrina experience identified that there 

appeared to be a lack of 911 PSAP failovers and some deficits in 

training on routing and handling of calls when a crisis and rerouting 

occurs. Nevertheless, the vast majority of 911 call centers, especially 

in the less impacted portions of the region, were up and running by 

September 9.\26\

---------------------------------------------------------------------------



    \24\ See Martin Sept. 29 Written Statement at 2.

    \25\ See, e.g., Comments of Comcare at 2 (May 11, 2006) (there 

was no plan to bring in additional telecommunicators to the region 

to keep up with the influx of 911 calls from victims and rescue 

response teams).

    \26\ See Martin Sept. 29 Written Statement at 27.

---------------------------------------------------------------------------



    3. Wireline. According to FCC data, more than 3 million customer 

phone lines were knocked out in the Louisiana, Mississippi and Alabama 

area following Hurricane Katrina.\27\ The wireline



[[Page 38579]]



telephone network sustained significant damage both to the switching 

centers that route calls and to the lines used to connect buildings and 

customers to the network.\28\ Katrina highlighted the dependence on 

tandems and tandem access to SS7 switches.\29\ The high volume routes 

from tandem switches, especially in and around New Orleans were 

especially critical and vulnerable. Katrina highlighted the need for 

diversity of call routing and avoiding strict reliance upon a single 

routing solution. One tandem switch, which was critical for 911 call 

routing, was lost from September 4 to September 21. This switch went 

down due to flooding that did not allow for fuel to be replenished. Due 

to the high winds and severe flooding, there were multiple breaks in 

the fiber network supporting the PSTN. Katrina demonstrated that in 

many areas there may be a lack of multiple fiber routes throughout the 

wireline network and that aerial fiber was more at risk than 

underground fiber. As with other private sector communications 

providers, lack of access to facilities (due to both flooding and 

inadequate credentialing), lack of commercial power, and lack of 

security greatly hampered recovery efforts. Nevertheless, ten days 

after Katrina, nearly 90 percent of wireline customers in the Gulf 

region who had lost service had their service restored.\30\ However, 

the vast majority of these customers were in the less impacted regions 

of the Gulf; regions that were harder hit sustained more infrastructure 

damage and continued to have difficulty in restoring service.

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    \27\ See Written Statement of Kenneth P. Moran, Director, Office 

of Homeland Security, Enforcement Bureau, FCC, on Hurricane Katrina, 

Before the Committee on Energy and Commerce, United States House of 

Representatives, at 2 (Sept. 7, 2005), available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260895A1.pdf

 



[hereinafter ``Moran Sept. 7 Written Statement''].

    \28\ Id. at 2-3.

    \29\ See, e.g., Oral Testimony of Woody Glover, Director, St. 

Tammany Parish Communications District, Tr. at 64-67 (Mar. 6, 2006) 

[hereinafter ``Woody Glover Mar. 6 Oral Testimony''].

    \30\ Martin Sept. 29 Written Statement at 43.

---------------------------------------------------------------------------



    4. Cellular/PCS. Local cellular and personal communications service 

(``PCS'') networks received considerable damage with more than 1,000 

base station sites impacted.\31\ In general, cellular/PCS base stations 

were not destroyed by Katrina, although some antennas required 

adjustment after the storm. Rather, the majority of the adverse effects 

and outages encountered by wireless providers were due to a lack of 

commercial power or a lack of transport connectivity to the wireless 

switch (wireline T1 line lost or fixed microwave backhaul offline). The 

transport connectivity is generally provided by the local exchange 

carrier. With either failure, wireless providers would be required to 

make a site visit to return the base station to operational status. 

Wireless providers cited security for their personnel, access and fuel 

as the most pressing needs and problems affecting restoration of 

wireless service. However, within one week after Katrina, approximately 

80 percent of wireless cell sites were up and running.\32\ Consistent 

with other systems, the 20 percent of base stations still affected were 

in the areas most impacted by Katrina. Cellular base stations on wheels 

(``COWs'') were successfully used as needed to restore service 

throughout the affected region. Over 100 COWs were delivered to the 

Gulf Coast region.\33\ In addition to voice services, text messaging 

was used successfully during the crisis and appeared to offer 

communications when the voice networks became overloaded with traffic. 

Additionally, wireless providers' push-to-talk services appeared to be 

more resilient than interconnected voice service inasmuch as they do 

not necessarily rely upon connectivity to the PSTN.\34\

---------------------------------------------------------------------------



    \31\ Moran Sept. 7 Written Statement at 3.

    \32\ Martin Sept. 29 Written Statement at 44.

    \33\ S. Comm. on Homeland Security and Gov't Affairs, 109th 

Cong., Hurricane Katrina: A Nation Still Unprepared at 18-4, May 

2006, available at http://hsgac.senate.gov/_files/Katrina/FullReport.pdf

 [hereinafter ``Senate Report on Katrina''].



    \34\ See Written Testimony of Dave Flessas, VP, Network 

Operations, Sprint Nextel Corp, Before the FCC's Independent Panel 

Reviewing the Impact of Hurricane Katrina, at 3 (Jan. 30, 2006) 

[hereinafter ``Sprint Nextel Jan. 30 Written Testimony''].

---------------------------------------------------------------------------



    5. Paging. Paging systems seemed more reliable in some instances 

than voice/cellular systems because paging systems utilize satellite 

networks, rather than terrestrial systems, for backbone 

infrastructure.\35\ Paging technology is also inherently redundant, 

which means that messages may still be relayed if a single transmitter 

or group of transmitters in a network fails.\36\ Paging signals 

penetrate buildings very well, thus providing an added level of 

reliability.\37\ Additionally, pagers benefited from having a long 

battery life and thus remained operating longer during the power 

outages.\38\ Other positive observations concerning paging systems 

included that they were effective at text messaging and were equipped 

to provide broadcast messaging.\39\ Finally, although it is unclear 

whether this function was utilized, group pages can be sent out during 

times of emergencies to alert thousands of pager units all at the same 

time.\40\

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    \35\ See, e.g., Written Testimony of Vincent D. Kelly, President 

and Chief Executive Officer, USA Mobility, Before the FCC's 

Independent Panel Reviewing the Impact of Hurricane Katrina at 7 

(Mar. 6, 2006) [hereinafter ``Vincent Kelly-USA Mobility Mar. 6 

Written Testimony'']; Oral Testimony of Bruce Deer, President, 

American Association of Paging Carriers, Tr. at 122-123 (Mar. 6, 

2006) [hereinafter ``Deer Mar. 6 Oral Testimony''].

    \36\ See, e.g., Vincent Kelly-USA Mobility Mar. 6 Written 

Testimony at 7-8.

    \37\ Deer Mar. 6 Oral Testimony, Tr. at 123.

    \38\ Id.

    \39\ See, e.g., Vincent Kelly-USA Mobility Mar. 6 Written 

Testimony at 3.

    \40\ See, e.g., Comments of Interstate Wireless, Inc., at 1 (May 

10, 2006).

---------------------------------------------------------------------------



    6. Satellite. Satellite networks appeared to be the communications 

service least disrupted by Hurricane Katrina.\41\ As these networks do 

not heavily depend upon terrestrial-based infrastructure, they are 

typically not affected by wind, rain, flooding or power outages.\42\ As 

a result, both fixed and mobile satellite systems provided a 

functional, alternative communications path for those in the storm-

ravaged region.\43\ Mobile satellite operators reported large increases 

in satellite traffic without any particular network/infrastructure 

issues.\44\ More than 20,000 satellite phones were deployed to the Gulf 

Coast region in the days following Katrina.\45\ Broadband capacity



[[Page 38580]]



was provided by fixed satellite operators for voice, video and data 

network applications. Nevertheless, there were functionality issues 

with satellite communications - largely due to lack of user training 

and equipment preparation.\46\ Some satellite phones require 

specialized dialing in order to place a call. They also require line of 

sight with the satellite and thus do not generally work indoors.\47\ 

Users who had not been trained or used a satellite phone prior to 

Katrina reported frustration and difficulty in rapid and effective use 

of these devices.\48\ Satellite phones also require charged batteries. 

Handsets that were not charged and ready to go were of no use as there 

was often no power to recharge handsets. Additionally, most of 

Louisiana's parishes (all but three) did not have satellite phones on 

hand because they had previously chosen to discontinue their service as 

a cost-saving measure.\49\ Finally, users expressed the observation 

that satellite data networks (replacing wireline T1 service) were more 

robust and had fewer difficulties in obtaining and maintaining 

communications with the satellite network than voice services.

---------------------------------------------------------------------------



    \41\ See, e.g., Comments of Globalstar LLC, at 1 (Jan. 27, 2006) 

[hereinafter ``Globalstar Comments''].

    \42\ See, e.g., Senate Report on Katrina at 18-9 (``satellite 

phones do not rely on terrestrial * * * infrastructure that is 

necessary for land mobile radio, land-line, and cellular 

communications''); Written Statement of Tony Trujillo, Chairman, 

Satellite Industry Association, Hearing on Public Safety 

Communications From 9/11 to Katrina: Critical Public Policy Lessons, 

Before the Subcommittee on Telecommunications and the Internet, 

Committee on Energy and Commerce, United States House of 

Representatives, at 3 (Sept. 29, 2005), available at http://energycommerce.house.gov/108/09292005Hearing1648/Trujillo.pdf

 



[hereinafter ``Trujillo Sept. 29 Written Statement''].

    \43\ See, e.g., Written Statement of Colonel Jeff Smith, Deputy 

Director, Louisiana Office of Homeland Security and Emergency 

Preparedness, Hurricane Katrina: Preparedness and Response by the 

State of Louisiana, Before the Select Bipartisan Committee to 

Investigate the Preparation for and Response to Hurricane Katrina, 

United States House of Representatives, at 12 (Dec. 14, 2005), 

available at http://katrina.house.gov/hearing/12-14-05/smith_121405.doc

 [hereinafter ``Jeff Smith Written Statement'']; Written 



Statement of Bruce Baughman, Director, Alabama State Emergency 

Management Agency, Hurricane Katrina: Preparedness and Response by 

the State of Alabama, Before the Select Bipartisan Committee to 

Investigate the Preparation for and Response to Hurricane Katrina, 

United States House of Representatives, at 4 (Nov. 9, 2005), 

available at http://katrina.house.gov/hearings/11_09_05/baughman_110905.doc

; Written Statement of Robert Latham, Director, 



Mississippi Emergency Management Agency, Hurricane Katrina: 

Preparedness and Response by the State of Mississippi, Before the 

Select Bipartisan Committee to Investigate the Preparation for and 

Response to Hurricane Katrina, United States House of 

Representatives, at 4 (Dec. 7, 2005), available at http://katrina.house.gov/hearings/12_07_05/latham_120705.pdf

.



    \44\ Globalstar Comments at 2.

    \45\ Trujillo Sept. 29 Written Statement at 4.

    \46\ See, e.g., Senate Report on Katrina at 18-9 (problems with 

satellite phones do not appear to have been caused by the phones 

themselves or the satellite networks; a combination of user error 

and obstruction of satellite signals were most likely the problems); 

Cavossa-SIA Testimony at 4-5; Bogucki Mar. 6 Public Testimony, Tr. 

at 55.

    \47\ Cavossa-SIA Written Testimony at 5.

    \48\ Id. at 4.

    \49\ See Final Report of the Select Bipartisan Committee to 

Investigate the Preparation for and Response to Hurricane Katrina, 

H.R. Rep. No. 109-377, at 172-73 (2006), available at http://www.gpo.access.gov/serialset/creports/Katrina.html

, [hereinafter 



``House Report''].

---------------------------------------------------------------------------



    7. Broadcasting. The television and radio broadcasting industry was 

also hard hit by Katrina. Approximately 28 percent of television 

stations experienced downtime in the storm zone; approximately 35 

percent of radio stations failed in one fashion or another.\50\ In 

addition, in New Orleans and the surrounding area, only 4 of the 41 

broadcast radio stations remained on the air in the wake of the 

hurricane.\51\ Some broadcasters continued broadcasting only by 

partnering with other broadcasters whose signals were not 

interrupted.\52\ Broadcasters reported very few tower losses as a 

result of Katrina. Instead, the wind displacing and causing misaligning 

antennas was the biggest cause of broadcast outages. Although this type 

of damage could be readily repaired, the lengthy power outages--which 

substantially exceeded back-up generator capabilities--prevented many 

broadcast stations from coming back on the air. Power outages at the 

viewer/listener end were also an issue as they prevented broadcast 

transmissions from being successfully received. Additionally, the lack 

of security for broadcast facilities and repair personnel impeded 

recovery efforts. Nevertheless, within three weeks after Katrina, more 

than 90 percent of broadcasters were up and running in the affected 

region.\53\ However, in the areas most impacted by the storm, the vast 

majority of stations remained down much longer.

---------------------------------------------------------------------------



    \50\ See, e.g., Martin Sept. 29 Written Statement at 45; Written 

Statement of Kevin J. Martin, Chairman, Federal Communications 

Commission, Hearing on Communications in a Disaster, Before the 

Senate Comm. on Commerce, Science, and Transportation at 2 (Sept. 

22, 2005) (an estimated 100 broadcast stations were knocked off the 

air).

    \51\ Moran Sept. 7 Written Statement at 3.

    \52\ Oral Testimony of Dave Vincent, Station Manager, WLOX-TV, 

Before the FCC's Independent Panel Reviewing the Impact of Hurricane 

Katrina on Communications Networks, Tr. at 309 (Mar. 6, 2006) 

[hereinafter ``Vincent-WLOX-TV Mar. 6 Oral Testimony''] (WLOX in 

Biloxi partnered with WXXV in Gulfport, Mississippi, which carried 

WLOX's signal until they could get back on the air).

    \53\ Martin Sept. 29 Written Statement at 45.

---------------------------------------------------------------------------



    8. Cable. As with the broadcasting industry, cable companies in the 

region reported limited infrastructure damage to their head ends 

following Katrina. In the areas hardest hit by the storm itself, aerial 

cable infrastructure was heavily damaged. Some cable facilities are 

underground; the storm's wind and rain had only minimal effects on 

them. However, the opposite was true in areas where the levees' breach 

caused heavy flooding. There, underground facilities were heavily 

damaged and the electronics in those facilities were generally 

completely lost. The cable industry indicated that new cable plants 

generally allowed for multiple points of failure and system workarounds 

that permitted the network to operate in spite of some widespread 

faults in the infrastructure. However, lack of power to cable 

facilities and security proved to be key problems. The cable operator 

serving New Orleans indicated that, even where its network was intact, 

lack of power/fuel prevented it from restoring operations in those 

areas.\54\ Also, similar to broadcasting, power outages at the viewer 

end prevented cable programming from being successfully received.

---------------------------------------------------------------------------



    \54\ See, e.g., Comments of Greg Bicket, Cox Communications, at 

1 (Jan. 27, 2006).

---------------------------------------------------------------------------



    9. Utilities. Electric utility networks (including utility-owned 

commercial wireless networks) appeared to have a high rate of 

survivability following Katrina.\55\ These communications systems did 

not have a significant rate of failure because: (1) the systems were 

designed to remain intact to aid restoration of electric service 

following a significant storm event; (2) they were built with 

significant onsite back-up power supplies (batteries and generators); 

(3) last mile connections to tower sites and the backbone transport are 

typically owned by the utility and have redundant paths (both T1 and 

fixed microwave); and (4) the staff responsible for the communications 

network have a focus on continuing maintenance of network elements (for 

example, exercising standby generators on a routine basis).

---------------------------------------------------------------------------



    \55\ See, e.g., UTC Comments, Hurricanes of 2005: Performance of 

Gulf Coast Critical Infrastructure Communications Networks, at 2 

(Jan. 27, 2006).

---------------------------------------------------------------------------



    10. License Exempt Wireless (WISPs). The License Exempt Wireless or 

wireless internet service provider (``WISP'') infrastructure, in 

general, was not heavily damaged by Katrina or the subsequent flooding, 

although some antennas required adjustment because of high winds. 

Rather, the majority of the adverse effects and outages encountered by 

WISP providers were due to a lack of commercial power and difficulty 

with fuel resupply. WISP providers cited access difficulties as their 

most pressing problem in restoring their networks.

    11. Amateur Radio Service. As with other communications services, 

amateur radio stations were also adversely affected by Katrina. 

Equipment was damaged or lost due to the storm and trained amateurs 

were difficult to find in the immediate aftermath. However, once called 

into help, amateur radio operators volunteered to support many 

agencies, such as FEMA, the National Weather Service, Hurricane Watch 

and the American Red Cross.\56\ Amateurs provided wireless 

communications in many locations where there was no other means of 

communicating and also provided other technical aid to the communities 

affected by Katrina.\57\

---------------------------------------------------------------------------



    \56\ See Hurricane Katrina Amateur Radio Emergency 

Communications Relief Effort Operations Review Summary, Written 

Statement submitted by Gregory Sarratt, W4OZK, at 2 (Mar. 7, 2006).

    \57\ Id. at 4.

---------------------------------------------------------------------------



B. Major Problems Identified Following Katrina



    In reviewing the detailed reports from each communications sector, 

there were three main problems that caused the majority of 

communications network interruptions: (1) Flooding; (2) lack of power 

and/or fuel; and (3) failure of redundant pathways for communications 

traffic. In addition, a fourth item--inadvertent line cuts during 

restoration--resulted in additional network damage, causing



[[Page 38581]]



new outages or delaying service restoration. Each of these areas of 

concern is detailed below.

    1. Flooding. Hurricanes typically have flooding associated with 

them due to the torrential rainfall and storm surge associated with the 

storms. However, in addition to these sources of flooding, the levee 

breaks in New Orleans caused catastrophic flooding that was extremely 

detrimental to the communications networks.\58\ While communications 

infrastructure had been hardened to prepare against strong winds from a 

hurricane, the widespread flooding of long duration associated with 

Katrina destroyed or disabled substantial portions of the 

communications networks and impeded trained personnel from reaching and 

operating the facilities.\59\ In addition, as detailed below, the 

massive flooding caused widespread power outages that were not readily 

remedied (electric substations could not be reached nor were there 

personnel available to remedy the outages). The flooding also wiped out 

transportation options, preventing fuel for generators from getting 

where it needed to be.

---------------------------------------------------------------------------



    \58\ See, e.g., House Report at 164 (reporting that flooding 

knocked out two telephone company switches and hindered the 

communications abilities of six out of eight police districts in New 

Orleans, as well as the police department headquarters).

    \59\ See, e.g., Oral Testimony of Dr. Juliette M. Saussy, 

Director, Emergency Medical Services of the City of New Orleans, 

Louisiana, Tr. at 43-44 (Mar. 6, 2006) [hereinafter ``Saussy Mar. 6 

Oral Testimony''].

---------------------------------------------------------------------------



    2. Power and Fuel. Katrina caused extensive damage to the power 

grid. Significant portions of electrical facilities in Mississippi, 

Alabama and Louisiana--including both power lines and electric plants--

were severely impaired due to wind and flooding. As a result, power to 

support the communications networks was generally unavailable 

throughout the region.\60\ This meant that, for communications systems 

to continue to operate, backup batteries and generators were required. 

While the communications industry has generally been diligent in 

deploying backup batteries and generators and ensuring that these 

systems have one to two days of fuel or charge, not all locations had 

them installed. Furthermore, not all locations were able to exercise 

and test the backup equipment in any systemic fashion. Thus, some 

generators and batteries did not function during the crisis. Where 

generators were installed and operational, the fuel was generally 

exhausted prior to restoration of power. Finally, flooding, shortages 

of fuel and restrictions on access to the affected area made refueling 

extraordinarily difficult.\61\ In some instances, fuel was confiscated 

by federal or local authorities when it was brought into the Katrina 

region.\62\

---------------------------------------------------------------------------



    \60\ House Report. at 166.

    \61\ Id. at 164.

    \62\ See, e.g., Senate Report on Katrina at 18-4 (citing 

Committee staff interview of William Smith, Chief Technology 

Officer, BellSouth, conducted on Jan. 25, 2006) (FEMA commandeered 

communications fuel reserves in order to refuel helicopters).

---------------------------------------------------------------------------



    3. Redundant pathways. The switches that failed, especially 

tandems, had widespread effects on a broad variety of communications in 

and out of the Katrina region. In addition, T1 and other leased lines 

were heavily used by the communications networks throughout the region, 

with those failures leading to loss of service. As an example, a major 

tandem switch in New Orleans was isolated, which meant that no 

communications from parts of New Orleans to outside the region could 

occur. This switch, an access tandem that carried long distance traffic 

through New Orleans and out to other offices, had two major routes out 

of the city (one to the east and one to the west). The eastern route 

was severed by a barge that came ashore during the hurricane and cut 

the aerial fiber associated with the route. If only this route had been 

lost, the access tandem traffic could have continued. However, the 

western route was also severed--initially by large trees falling across 

aerial cables, then subsequently by construction crews removing debris 

from highway rights-of-way. While there were provisions for rerouting 

traffic out of the city, the simultaneous loss of both of these major 

paths significantly limited communications service in parts of New 

Orleans.

    4. Line cuts. During the restoration process following Katrina, 

there were numerous instances of fiber lines cut accidentally by 

parties seeking to restore power, phone, and cable, remove trees and 

other debris, and engage in similar restoration activities.\63\ 

BellSouth indicated in its comments to the Katrina Panel that several 

of its major routes were cut multiple times.\64\ For example, on 

Monday, September 12th, a major fiber route from Hammond, Louisiana to 

Covington, Louisiana was cut by a tree trimming company.\65\ Cox 

Communications reported that, by the eleventh day after the storm, more 

outages of its network in the region were caused by human damage than 

storm damage. Public safety entities also noted similar cuts in service 

during the restoration process.\66\

---------------------------------------------------------------------------



    \63\ See, e.g., Woody Glover Mar. 6 Oral Testimony, Tr. at 66 

(Mar. 6, 2006).

    \64\ See Comments by William L. Smith, BellSouth, Before the 

FCC's Independent Panel Reviewing the Impact of Hurricane Katrina on 

Communications Networks, at 7 (Jan. 30, 2006) [hereinafter ``Smith-

BellSouth Jan. 30 Written Statement'').

    \65\ Id.

    \66\ See, e.g., Comments of Robert G. Bailey, National Emergency 

Number Association, Harris County Emergency Communications, at 1 

(Jan. 30, 2006) [hereinafter ``Bailey Jan. 30 Written Testimony''].

---------------------------------------------------------------------------



    In addition to these major causes of network interruptions, 

security and access to facilities were consistently mentioned as 

significant issues affecting restoration of communications services. 

These problems are discussed in detail in the following section.



II. Recovery Coordination and Procedures



    After Katrina's wind and rain subsided, challenges to 

communications service maintenance and restoration continued. Flooding, 

which submerged and damaged equipment and blocked access for 

restoration, was a major problem. The Panel also observed significant 

challenges to the recovery effort resulting from (1) inconsistent and 

unclear requirements for communications infrastructure repair crews and 

their subcontractors to gain access to the affected area; (2) limited 

access to power and/or generator fuel; (3) limited security for 

communications infrastructure and personnel and lack of pre-positioned 

back-up equipment; (4) lack of established coordination between the 

communications industry and state and local officials as well as among 

federal, state and local government officials with respect to 

communications matters; and (5) limited use of available priority 

communications services. On the other hand, lines of communication 

between the communications industry and the federal government were 

established and seemed generally effective in facilitating 

coordination, promptly granting needed regulatory relief, and gathering 

outage information. In addition, ad hoc, informal sharing of fuel and 

equipment among communications industry participants helped to maximize 

the assets available and bolster the recovery effort. However, 

additional industry coordination of personnel and assets internally and 

among governments could have substantially facilitated restoration of 

communications networks.



A. Access to the Affected Area and Key Resources.



    1. Perimeter Access and Credentialing. Communications



[[Page 38582]]



restoration efforts were hampered significantly by the inability of 

communications infrastructure repair crews and their contracted workers 

to access the impacted area post-disaster.\67\ For important safety and 

security reasons, law enforcement personnel set up a perimeter around 

much of the impacted region and imposed restrictions on who could 

access the area. Communications infrastructure repair crews from all 

sectors of the industry had great difficulty crossing the perimeter to 

access their facilities in need of repair.\68\ This seemed to be a 

particular problem for smaller or non-traditional communications 

companies,\69\ who tended to have lower levels of name recognition with 

law enforcement personnel guarding the perimeter.

---------------------------------------------------------------------------



    \67\ See, e.g., Oral Testimony of William L. Smith, Chief 

Technology Officer, BellSouth Corp., Before the FCC's Independent 

Panel Reviewing the Impact of Hurricane Katrina, Tr. at 188 (Jan. 

30, 2006) [hereinafter ``Smith-BellSouth Jan. 30 Oral Testimony'']; 

see also Statement of Jim Jacot, Vice President, Cingular Network 

Group, Before the FCC's Independent Panel Reviewing the Impact of 

Hurricane Katrina, Tr. at 125 (Jan. 30, 2006) [hereinafter ``Jacot-

Cingular Jan. 30 Oral Testimony'']; Trujillo Sept. 29 Written 

Statement at 9; Comments of M/A-Com at 7 (Jan. 30, 2006).

    \68\ See, e.g., Senate Report on Katrina at 18-4 (repair workers 

sometimes had difficulty gaining access to their equipment and 

facilities because the police and National Guard refused to let 

crews enter the affected area); Federal Support to 

Telecommunications Infrastructure Providers in National Emergencies: 

Designation as ``Emergency Responders (Private Sector)'', The 

President's National Security Telecommunications Advisory Committee, 

Legislative and Regulatory Task Force, at 7 (Jan. 31, 2006) 

[hereinafter ``Jan. 31 NSTAC Report''].

    \69\ See, e.g., Comments of the Satellite Industry Association 

at 6 (January 27, 2006) (describing how satellite system repair 

crews had difficulty obtaining access to the impacted area); 

Comments of Xspedius Communications, LLC, at 2, 6 (Mar. 6, 2006) 

[hereinafter ``Comments of Xspedius''].

---------------------------------------------------------------------------



    Although some jurisdictions provided credentials to communications 

infrastructure repair crews to permit them to access the affected area, 

the process appeared to be unique for each local jurisdiction. 

Communications providers reported that credentials that permitted 

access through one checkpoint would not be honored at another.\70\ In 

many cases, different checkpoints required different documentation and 

credentialing before permitting access.\71\ As a result, repair crews 

needed to carry multiple credentials and letters from various federal, 

state and local officials.\72\ There was no uniform credentialing 

method in place whereby one type of credential would permit access at 

any checkpoint.\73\ Communications providers were also not clear about 

which agency had authority to issue the necessary credentials.\74\ And 

there did not appear to be any mechanism in place for issuing 

credentials to those who needed them prior to Katrina making landfall.

---------------------------------------------------------------------------



    \70\ See, e.g., Senate Report on Katrina at 18-4 (citing 

Committee staff interview of Christopher Guttman-McCabe, Vice 

President, Regulatory Affairs, CTIA, conducted on Jan. 24, 2006) 

(industry representatives said that their technicians would benefit 

from having uniform credentialing that is recognized by the multiple 

law enforcement agencies operating in a disaster area).

    \71\ See, e.g., Vincent-WLOX-TV Mar. 6 Written Testimony at 5 

(stating that a credential that permitted access in one county was 

sometimes not honored in a different county).

    \72\ See, e.g., Comments of Xspedius at 2-3.

    \73\ See, e.g., Senate Report on Katrina at Findings at 8 

(efforts by private sector to restore communications efforts were 

hampered by the fact that the government did not provide uniform 

credentials to gain access to affected areas).

    \74\ See, e.g., Comments of Xspedius at 3.

---------------------------------------------------------------------------



    Once communications infrastructure repair crews gained access to 

the impacted area, they had no guarantee they would be allowed to 

remain there. The enforcement of curfews and other security procedures 

at times interrupted repair work and required communications 

restoration crews to exit the area. In at least one instance, law 

enforcement personnel insisted that communications technicians cease 

their work splicing a key telecommunications cable and exit the area in 

order to enforce a curfew.\75\ Although such practices may have been 

necessary from a security standpoint, they did interrupt and hamper the 

recovery process.

    The problems with access were not all one-sided. Law enforcement 

personnel also expressed frustration with the access situation, 

particularly with respect to the different credentials issued and not 

knowing what to ask for or what to honor. It was also reported that 

credentialed communications infrastructure repair personnel sometimes 

allowed non-credentialed individuals to ride in their vehicles through 

checkpoints, which compromised the security of the area. It also caused 

law enforcement personnel at the perimeter to be wary of persons 

seeking to access the affected area and the credentials they presented, 

potentially further slowing the access process.

---------------------------------------------------------------------------



    \75\ Smith-BellSouth Jan. 30 Oral Testimony, Tr. at 191; see 

also Jacot-Cingular Jan. 30 Oral Testimony, Tr. at 125.

---------------------------------------------------------------------------



    2. Fuel. Problems with maintaining and restoring power for 

communications infrastructure significantly affected the recovery 

process. As described in Section I.B.2 above, many facilities could 

have been up and operating much more quickly if communications 

providers had access to sufficient fuel. The commercial power upon 

which the vast majority of communications networks depended for day-to-

day operations was knocked out over a huge geographic area. Back-up 

generators and batteries were not present at all facilities. Where they 

were deployed, most provided only enough power to operate particular 

communications facilities for 24-48 hours--generally a sufficient 

period of time to permit the restoration of commercial power in most 

situations, but not enough for a catastrophe like Hurricane Katrina.

    Access to fuel reserves or priority power restoration appeared 

extremely limited for the communications industry.\76\ Only a few 

communications providers had stockpiles of fuel or special supplier 

arrangements. However, if the fuel was not located fairly near to the 

perimeter, it was difficult and expensive to get it where it was needed 

in a timely fashion. Perimeter access issues also impeded the ability 

to bring reserve fuel into the region. Moreover, many roads and 

traditional means of accessing certain facilities could not be used due 

to the extensive flooding that followed Hurricane Katrina. And many 

communications providers did not anticipate the need for alternative 

means of reaching their facilities. In addition, some providers 

reported having their limited fuel reserves confiscated by law 

enforcement personnel for other pressing needs.\77\ Although electric 

and other utilities maintain priority lists for commercial power 

restoration, it does not appear that commercial communications 

providers were on or eligible for such lists. Indeed, one wireless 

provider speaking at the Katrina Panel's January 2006 meeting--more 

than 4 months after Katrina's landfall--reported that it had 23 cell 

sites in the impacted area still running on backup generators.\78\ Most 

communications providers also did not appear to be able to access any 

government fuel reserves.

---------------------------------------------------------------------------



    \76\ See, e.g., Comments of Mississippi Assn. of Broadcasters at 

1-2 (Jan. 27, 2006).

    \77\ See, e.g., id.; House Report at 167 (``[O]ne of Nextel's 

fuel trucks was stopped at gunpoint and its fuel taken for other 

purposes while en route to refuel cell tower generators, and the 

Mississippi State Police redirected a fuel truck carrying fuel 

designated for a cell tower generator to fuel generators at Gulfport 

Memorial Hospital.'').

    \78\ See Jacot-Cingular Jan. 30 Oral Testimony, Tr. at 123.

---------------------------------------------------------------------------



    On a positive note, several companies apparently shared their 

reserve fuel with other communications providers who needed it, even 

their competitors.\79\



[[Page 38583]]



This sharing occurred on a purely ad hoc basis.\80\ There did not 

appear to be any forum or coordination area for fostering industry 

sharing of fuel or other equipment.

---------------------------------------------------------------------------



    \79\ See, e.g., Vincent-WLOX-TV Mar. 6 Oral Testimony, Tr. at 

312 (describing how the radio station shared fuel with a nearby news 

organization).

    \80\ See, e.g., Oral Testimony of Steve Davis, Senior Vice 

President of Engineering, Clear Channel Radio, Before the FCC's 

Independent Panel Reviewing the Impact of Hurricane Katrina, Tr. at 

81-82 (Jan. 30, 2006) [hereinafter ``Steve Davis-Clear Channel Jan. 

30 Oral Testimony''].

---------------------------------------------------------------------------



    3. Security. Limited security for key communications facilities and 

communications infrastructure repair crews also hampered the recovery 

effort.\81\ Security concerns, both actual and perceived, led to delays 

in the restoration of communications networks.\82\ Communications 

providers reported generators being stolen from key facilities, even if 

they were bolted down. Lack of security for communications 

infrastructure repair workers at times delayed their access to certain 

facilities to make repairs.\83\ Some providers employed their own 

security crews.\84\ However, obtaining credentials to allow these 

individuals to access the affected area was sometimes a problem. 

Further, communications infrastructure repair crews generally did not 

receive security details from law enforcement. Clearly, law enforcement 

had other very significant responsibilities in the wake of Katrina. In 

addition, communications providers are apparently not considered 

``emergency responders'' under the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act \85\ and the National Response Plan and 

thus are not eligible to receive non-monetary Federal assistance, like 

security protection for critical facilities and repair personnel.\86\ 

In one instance, however, a major communications provider successfully 

sought governmental security for its Poydras St. office in New Orleans, 

which serves as a regional hub for multiple telecommunications 

carriers. Both the Louisiana State Police and the FBI provided security 

so that BellSouth workers could return to the office and keep it in 

service.\87\

---------------------------------------------------------------------------



    \81\ See, e.g., Senate Report on Katrina at 18-4.

    \82\ The Federal Response To Hurricane Katrina Lessons Learned, 

February 2006, at 40, available at http://www.whitehouse.gov/reports/katrina-lessons-learned/

.



    \83\ Jan. 31 NSTAC Report at 5.

    \84\ See, e.g., Senate Report on Katrina at 18-4 (when 

government security proved unavailable, many telecommunications 

providers hired private security to protect their workers and 

supplies); Written Statement of Dave Flessas, Vice President for 

Network Operations, Sprint Nextel Corp., Before the FCC's 

Independent Panel Reviewing the Impact of Hurricane Katrina, at 2 

(Jan. 30, 2006) (security issues forced Sprint to hire armored 

guards to protect its employees and contractors); Jan. 31 NSTAC 

Report at 5.

    \85\ Pub. L. No. 93-288, as amended [hereinafter ``Stafford 

Act''].

    \86\ See, e.g., Smith-BellSouth Jan. 30 Written Statement at 9; 

Jacot-Cingular Jan. 30 Oral Testimony, Tr. at 125; see also Oral 

Testimony of Captain Thomas Wetherald, Deputy Operations Director, 

National Communications System, Before the FCC's Independent Panel 

Reviewing the Impact of Hurricane Katrina, Tr. at 24 (Apr. 18, 2006) 

[hereinafter ``Capt. Wetherald Apr. 18 Oral Testimony''].

    \87\ Smith-BellSouth Jan. 30 Written Statement at 8-9.

---------------------------------------------------------------------------



    Apparently, several companies that had their own security forces 

shared them with other communications providers by forming a convoy to 

go to a particular area.\88\ Such arrangements seemed to occur on a 

purely informal basis. There did not appear to be any forum or staging 

area for fostering industry sharing of security forces or other 

resources.

---------------------------------------------------------------------------



    \88\ See, e.g., Comments of Xspedius at 3.

---------------------------------------------------------------------------



    4. Pre-positioning of Equipment. Limited pre-positioning of 

communications equipment may have slowed the recovery process. While 

some individual companies and organizations had some backup 

communications technologies on-hand for use after a disaster, most did 

not appear to locate strategic stockpiles of communications equipment 

that could be rapidly deployed and immediately used by persons in the 

impacted area.



B. Coordination Between Industry and Government



    1. Industry--Federal Government Coordination. Despite problems 

related above at the scene of the disaster, at the federal level, 

industry and government recovery coordination for the communications 

sector appeared to function as intended. Under the National Response 

Plan, the lead federal agency for emergency support functions regarding 

communications is the National Communications System (``NCS''). NCS 

manages the National Coordination Center for Telecommunications 

(``NCC'') in Washington, DC, which is a joint industry-federal 

government endeavor with 36 member companies.\89\ The NCC meets on a 

regular basis during non-emergency situations; during and immediately 

after Katrina, it met daily and conducted analysis and situational 

monitoring of ongoing events and response capabilities.\90\ The Katrina 

Panel heard that this group played an important and effective role in 

coordinating communications network recovery and allowing for 

information sharing among affected industry members.\91\ Yet, NCC 

membership is limited to only certain providers and does not represent 

a broad cross-section of the communications industry (for example, no 

broadcasters, WISPs, or cable providers are members).\92\ Accordingly, 

certain industry sectors or companies that might have been helpful were 

not a part of this coordination effort. State and local government are 

also not a part of this coordination effort.

---------------------------------------------------------------------------



    \89\ The NSTAC Report on the National Coordinating Center (4/27/

06 Draft), The President's National Security Telecommunications 

Advisory Committee, May 10, 2006, at 9-10 [hereinafter ``May 10 

NSTAC Report''].

    \90\ See Written Statement of Dr. Peter M. Fonash, Director, 

National Communications System, U.S. Department of Homeland 

Security, Ensuring Operability During Catastrophic Events, Before 

the Subcommittee on Emergency Preparedness, Committee on Homeland 

Security, United States House of Representatives, at 2, 6 (Oct. 26, 

2005), available at http://hsc.house.gov/files/TestimonyFonash.pdf.



    \91\ See, e.g., Capt. Wetherald Apr. 18 Oral Testimony, Tr. at 

17-18.

    \92\ See May 10 NSTAC Report at 4.

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    The FCC was widely praised as playing a critical role in helping to 

restore communications connectivity in the wake of Hurricane 

Katrina.\93\ During and immediately after Katrina, the Commission 

stayed open 24 hours a day, seven days a week to respond to the 

disaster.\94\ Within hours of Katrina's landfall in the Gulf Coast 

region, the Commission established an internal Task Force to coordinate 

its response efforts,\95\ focusing on providing regulatory relief where 

necessary, coordinating efforts with other federal agencies, and 

providing information and assistance to evacuees. To assist 

communications providers in their recovery, the Commission established 

emergency procedures to streamline various waiver and special temporary 

authority processes to speed needed relief,\96\ reached out to various 

providers to determine their needs, and assisted communications 

providers in obtaining access to necessary resources.\97\

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    \93\ See, e.g., The Federal Response to Hurricane Katrina: 

Lessons Learned at 142-43 (February 2006).

    \94\ See, e.g., Martin Sept. 29 Written Statement at 3.

    \95\ Moran Sept. 7 Written Statement at 4.

    \96\ See, e.g., International Bureau Announces Procedures to 

Provide Emergency Communications in Areas Impacted by Hurricane 

Katrina, FCC Public Notice (rel. Sept. 1, 2005), available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260835A1.pdf

.



    \97\ See Steve Davis-Clear Channel Jan. 30 Oral Testimony, Tr. 

at 83 (describing how the Audio Division of the FCC's Media Bureau 

helped radio licensees secure access to fuel).

---------------------------------------------------------------------------



    These actions by the Commission appeared substantially to assist 

the industry in the recovery effort. The emergency, 24/7 contacts the 

Commission made available and the



[[Page 38584]]



new streamlined processes clearly accelerated the time frame for 

receiving necessary regulatory approvals. However, the extensive 

communications outages made accessing this new information about who to 

contact and how to comply with the new processes difficult. Similarly, 

repair crews often did not know what repairs they needed to make until 

they reached the site.

    In addition, while it was generally clear to communications 

providers that the Commission was the right agency to contact for 

regulatory relief after the disaster, the roles of other federal 

agencies in the recovery effort were not as clear to a large portion of 

the industry.\98\ Communications providers who needed federal 

assistance (such as obtaining fuel authorizations or access to the 

impacted area), often did not know whom to contact. Industry 

participants also appeared generally unclear about which federal agency 

was responsible for implementing important recovery programs or 

distributing resources to communications companies operating in the 

impacted area. Competing requests for outage information from 

government entities at the federal, state and local level added to the 

confusion about agency roles. And responding to duplicative, repeated 

inquiries in the aftermath of Hurricane Katrina was cited by some as a 

distraction to communications providers' restoration efforts.

---------------------------------------------------------------------------



    \98\ See, e.g., Written Statement of C. Patrick Roberts, 

President of the Florida Association of Broadcasters, Before the 

FCC's Independent Panel Reviewing the Impact of Hurricane Katrina, 

at 3 (Mar. 7, 2006) (observing that America must have a more 

cohesive and comprehensive program among federal, state, and local 

governments to prepare for disasters); see also Sprint-Nextel Jan. 

30 Written Testimony at 4-5 (recognizing that there is a need to 

clarify the roles and responsibilities of the government agencies 

that are involved in telecommunications restoration).

---------------------------------------------------------------------------



    2. Industry--State and Local Government Coordination. In general, 

coordination between communications providers and state and local 

government officials in the affected region for communications network 

recovery purposes did not appear to exist except on an ad hoc basis. 

For the most part, there did not appear to be in existence any 

organized mechanism for communications providers to share information 

with local officials or to seek their assistance with respect to 

specific recovery issues, like access and fuel. Following Katrina, the 

Panel heard that state and local government representatives were 

exchanging business cards with communications providers in their area 

for the first time. Local government officials noted that they 

sometimes did not know where to turn to figure out why communications 

to and from key government locations did not work and how to express 

their priorities for communications service restoration. In addition, 

coordinating credentialing, access, fuel sharing, security and other 

key recovery efforts was difficult because there were no identified 

staging areas or coordination points for the communications industry.

    3. Federal Government, State and Local Government Coordination. The 

Panel is not aware of pre-established mechanisms through which the 

federal government coordinated with state and local governments 

concerning communications network restoration issues in the wake of 

Katrina. For example, the Panel heard that civilian public safety 

officials were often unable to communicate with military officials 

brought in to assist local law enforcement. In addition, state and 

local governments are not a part of the NCC \99\ and, therefore, were 

not able to directly coordinate with that industry-federal government 

group. As noted above, and due in part to a lack of pre-arranged 

recovery procedures, state and local government officials did not seem 

to be part of communications network recovery efforts. This meant that 

their restoration priorities may not have been effectively conveyed to 

communications providers and that communications providers did not have 

an identified place to turn for assistance with access and other 

recovery issues.

---------------------------------------------------------------------------



    \99\ See May 10 NSTAC Report at 3.

---------------------------------------------------------------------------



C. Emergency Communications Services and Programs



    The federal government, through the NCS, has established several 

programs for priority communications services during and following an 

emergency.\100\ These are the Government Emergency Telecommunications 

Service (``GETS''), which enables an eligible user to get priority call 

completion for wireline telephone calls; the Wireless Priority Service 

(``WPS''), which enables an eligible user to get access to the next 

free channel when making a wireless call; and Telecommunications 

Service Priority (``TSP''), which enables a qualifying user to get 

priority restoration and provisioning of telecommunications 

services.\101\ During and after Katrina, these priority services seemed 

to work well for those who subscribed to them. However, only a small 

percentage of those eligible for the services appeared to do so. This 

is particularly true of public safety users--many eligible public 

safety entities have not signed up for these services. It also appears 

to be true for some communications providers, including broadcast, 

WISP, and cable companies. These priority services could be an 

extremely useful tool in network restoration efforts. Yet, they are 

tools that appear not fully utilized. Like other emergency tools, they 

require training and practice. In some cases, users who had access to 

these services did not fully understand how to use them (e.g., that a 

WPS call requires inputting a GETS code so the call would get priority 

treatment when it reached the landline network).

---------------------------------------------------------------------------



    \100\ See, e.g., Capt. Wetherald Apr. 18 Oral Testimony, Tr. at 

18.

    \101\ See, e.g., Written Statement of Dr. Peter Fonash, Deputy 

Manager, National Communications System, S. Comm. on Homeland 

Security and Gov't Affairs, Hearing on Managing Law Enforcement and 

Communications in a Catastrophe at 3-4 (Feb. 6, 2006), available at 

http://hsgac.senate.gov/ --files/020606Fonash.pdf.



---------------------------------------------------------------------------



III. First Responder Communications



    In the days following Hurricane Katrina, the ability of public 

safety and emergency first responders to communicate varied greatly 

across the affected region. The areas in and around New Orleans were 

seriously impacted.\102\ New Orleans EMS was forced to cease 911 

operations in anticipation of Katrina's landfall and, after the levees 

were breached, a total loss of EMS and fire communications ensued.\103\ 

The communications infrastructure in coastal areas was heavily damaged 

due to winds or flooding.\104\ As a result, more than 2,000 police, 

fire and EMS personnel were forced to communicate in single channel 

mode, radio-to-radio, utilizing only three mutual aid frequencies.\105\ 

Some mutual-aid channels required each speaker to wait his or her turn 

before speaking, sometimes up to twenty minutes.\106\ This level of 

destruction did not extend to inland areas affected by the hurricane 

so, in contrast to New Orleans, neither Baton Rouge nor Jackson County, 

Mississippi, completely lost their communications capabilities and were 

soon operating at pre-Katrina capabilities.\107\ In the



[[Page 38585]]



hardest hit areas, however, the disruption of public safety 

communications operability, as well as a lack of interoperability, 

frustrated the response effort and caused tremendous confusion among 

official personnel \108\ and the general public.

---------------------------------------------------------------------------



    \102\ See, e.g., Saussy Mar. 6 Oral Testimony, Tr. at 43.

    \103\ Id.

    \104\ Jeff Smith Written Statement at 12.

    \105\ Presentation of Major Mike Sauter, Office of Technology 

and Communications, New Orleans Police Department, Before the FCC's 

Independent Panel Reviewing the Impact of Hurricane Katrina, at 1 

(Feb. 1, 2006) [hereinafter ``Sauter Written Statement''].

    \106\ See, e.g., Senate Report on Katrina at 21-6 (NOFD and NOPD 

were forced to use a mutual aid channel, rather than the 800 MHz 

trunk system they were supposed to operate on; transmission over the 

mutual aid channel was limited and could not reach certain parts of 

the city).

    \107\ See Oral Testimony of George W. Sholl, Director, Jackson 

County Emergency Communications District, Before the FCC's 

Independent Panel Reviewing the Impact of Hurricane Katrina, at Tr. 

at 58-59 (Mar. 6, 2006) [hereinafter ``Scholl Mar. 6 Oral 

Testimony''].

    \108\ Saussy Mar. 6 Oral Testimony, Tr. at 43-44.

---------------------------------------------------------------------------



    State and local first responders are required to act and 

communicate within minutes after disasters have occurred and not hours 

or days later when Federal or other resources from outside the affected 

area become available. As further described below, the lack of 

effective emergency communications after the storm revealed inadequate 

planning, coordination and training on the use of technologies that can 

help to restore emergency communications. Hurricane Katrina also 

highlighted the long-standing problem of interoperability among public 

safety communications systems operating in different frequency bands 

and with different technical standards.\109\ One advantage that New 

Orleans had was the fact that no broadcasters were using the 700 MHz 

spectrum set aside for public safety, thus freeing it up immediately 

for first responder use.\110\ As a result of this availability, 

communications providers were able to provide emergency trucks and 

hundreds of radios that operated on this spectrum as soon as first 

responders needed them.\111\ Finally, 911 emergency call handling 

suffered from a lack of preprogrammed routing of calls to PSAPs not 

incapacitated by the hurricane.

---------------------------------------------------------------------------



    \109\ See, e.g., Written Statement of Colonel (ret.) Terry J. 

Ebbert, Director, Homeland Security for New Orleans, Hurricane 

Katrina: Preparedness and Response by the State of Louisiana, Before 

the Select Bipartisan Committee to Investigate the Preparation for 

and Response to Hurricane Katrina, United States House of 

Representatives, at 3-4 (Dec. 14, 2005), available at http://katrina.house.gov/hearings/12_14_05/ebbert_121405.doc

.



    \110\ See Written Statement of Kelly Kirwin, Vice President, 

Motorola Comm. & Electronics, Before the FCC's Independent Panel 

Reviewing the Impact of Hurricane Katrina, at 5 (Jan. 30, 2006) 

[hereinafter ``Kirwin Jan. 30 Written Statement''] (in some major 

cities (e.g., New York, Los Angeles, San Francisco), the 700 MHz 

spectrum would not be available to first responders).

    \111\ See id.

---------------------------------------------------------------------------



A. Lack of Advanced Planning for Massive System Failures



    It was described to the Panel that public safety officials plan for 

disasters but that Hurricane Katrina was a catastrophe.\112\ This left 

many state and local agencies, those who are required to respond first 

to such emergencies, ill-prepared to restore communications essential 

to their ability to do their jobs.\113\ Very few public safety agencies 

had stockpiles of key equipment on hand to implement rapid repairs or 

patches to their systems. Had they been available, spare radios, 

batteries and chargers as well as portable repeaters or self-sufficient 

communications vehicles (also known as ``communications on wheels'') 

would have enabled greater local communications capabilities.\114\ 

Further, when the primary communications system failed, many public 

safety entities did not have plans for an alternative, redundant system 

to take its place.\115\ Similarly, public safety entities, including 

state and local government offices, did not appear to have plans in 

place for call forwarding or number portability to route their calls to 

alternative locations when they relocated. The apparent absence of 

contingency plans to address massive system failures, including 

widespread power outages,\116\ was a major impediment to the rapid 

restoration of first responder communications.

---------------------------------------------------------------------------



    \112\ Written Statement of Sheriff Kevin Beary, Major County 

Sheriffs Assn. at 1 (Jan. 30, 2006) [hereinafter ``Beary Jan. 30 

Written Statement''].

    \113\ Saussy Mar. 6 Oral Testimony, Tr. at 43-44.

    \114\ Beary Jan. 30 Written Statement at 1.

    \115\ Presentation of Sheriff Ted Sexton, Sr. National Sheriffs 

Assn at 5 (Jan. 30, 2006); McEwen Mar. 6 Oral Testimony, Tr. at 35-

36.

    \116\ McEwen Mar. 6 Written Statement at 5-6.

---------------------------------------------------------------------------



    Public safety agencies rely heavily on their equipment vendors to 

support them during such disasters by providing replacement parts and 

spare radios. Motorola stated that 72 hours prior to Katrina's 

landfall, it had mobilized more than 100,000 pieces of equipment and 

more than 300 employees to support their customers.\117\ Similarly, M/

A-Com supported the restoration and maintenance of the New Orleans 800 

MHz system as well as the systems for Mobile, Biloxi, Gulfport, and St. 

Tammany Parish.\118\ Reports indicate that these efforts with 

established vendors were generally well-executed, except for problems 

with access into New Orleans.

---------------------------------------------------------------------------



    \117\ Kirwin Jan. 30 Written Statement at 2.

    \118\ Comments of M/A-Com at 7 (Jan. 30, 2006).

---------------------------------------------------------------------------



    However, the Panel was made aware of a variety of non-traditional, 

alternative technologies that could have served as effective, back-up 

communications for public safety until their primary systems were 

repaired. As noted in Section I, satellite infrastructure was generally 

unaffected by the storm and could have provided a viable back-up 

system. Two-way paging operations remained generally operational during 

the storm and did provide communications capabilities for some police, 

fire emergency medical personnel, but could have been more widely 

utilized.\119\ Other types of non-traditional technology that can be 

deployed quickly, such as WiFi and WiMax, or self-contained 

communications vehicles, could also have been effectively utilized. 

These all appear deserving of exploration as back-up communications 

options to primary public safety systems.

---------------------------------------------------------------------------



    \119\ Vincent Kelly-USA Mobility Mar. 6 Written Testimony at 7-

9; Deer Mar. 6 Oral Testimony, Tr. at 122-23.

---------------------------------------------------------------------------



    First responders' lack of training on alternative, back-up 

communications equipment was also an impediment in the recovery 

effort.\120\ This lack of training may have accounted for a sizeable 

number of communications failures during the first 48 hours after 

Katrina.\121\ Public safety officials noted that that there was little 

time after Katrina to investigate the capabilities of new technologies 

for which none of their personnel had been adequately trained. This 

highlights the need for public safety entities to have contingency 

communications plans with training as a key component. The lack of 

training issue evidenced itself in particular with the distribution of 

satellite phones. These phones proved to be a beneficial resource to 

some, while others described the service as spotty and capacity 

strained. In many cases, it appears that complaints about spotty 

coverage really resulted from the user's lack of understanding about 

how to use the phone (e.g., some satellite phones have a unique dialing 

pattern and they generally do not work indoors).\122\ However, the 

uncontrolled distribution of satellite phones could also have triggered 

capacity issues in certain areas.\123\ Additionally, public safety 

officials reminded the Panel that users must be properly trained before 

they can be expected to competently use technologies during high stress 

events.\124\

---------------------------------------------------------------------------



    \120\ See, e.g., Written Statement of James Monroe III, Chief 

Executive Officer, Globalstar LLC, Before the FCC's Independent 

Panel Reviewing the Impact of Hurricane Katrina at 4 (Mar. 6, 2006) 

[hereinafter ``Monroe-Globalstar Written Statement''] (some first 

responders failed to keep handset batteries charged, others did not 

realize that satellite phones require a clear line of sight between 

the handset and the satellite).

    \121\ Id.

    \122\ Cavossa-SIA Written Testimony at 4-5.

    \123\ See Report of Ed Smith, Chief, Baton Rouge Fire 

Department, Hurricane Katrina Independent Panel Meeting, at 1 (Jan. 

30, 2006) [hereinafter ``Written Report of Ed Smith''].

    \124\ See, e.g., Scholl Oral Testimony, Tr. at 57-58, 61-62.

---------------------------------------------------------------------------



    Finally, it seems that communications assets that were available 

and could have been used by first responders were



[[Page 38586]]



not requested or deployed. There have been reports that federal 

government communications assets operated and maintained by FEMA and 

USDA were available, but not utilized, for state and local public 

safety operations.\125\ This underutilization may have been due to the 

fact that FEMA's pre-staged communications vehicles apparently were 

located 250-350 miles away from the devastated areas,\126\ and that 

FEMA did not request deployment of these vehicles until twenty-four 

hours after landfall.\127\ Further, first responders were not made 

aware of these assets and/or did not know how to request them.\128\ As 

noted above, many public safety officials failed to subscribe to the 

GETS, TSP and WPS priority programs, despite their eligibility.\129\ 

Communications assets made available by the private sector also appear 

to have been underutilized by first responders. The Panel heard that 

manufacturers of alternative public safety communications systems were 

unable to gain the attention of key public safety officials to 

effectuate their proposed donation of equipment and services. Some 

offered equipment or access to their network in Katrina's aftermath but 

``found no takers''.\130\ These and other outlets could have provided 

some measure of communications capabilities, while repairs to primary 

systems were completed.

---------------------------------------------------------------------------



    \125\ The Federal Response To Hurricane Katrina Lessons Learned, 

February 2006, at 55.

    \126\ Senate Report on Katrina at 12-19 (citing Committee staff 

interview of James Attaway, Telecommunications Specialist, Region 

VI, FEMA, conducted on Jan. 13, 2006).

    \127\ Senate Report on Katrina at 12-19 (citing Committee staff 

interview of William Milani, Chief Mobile Operations Section, FEMA, 

conducted on Jan. 13, 2006).

    \128\ See, e.g., Monroe-Globalstar Written Statement at 5 (first 

responders generally did not have pre-emergency deployment plans 

that they could invoke in advance of the actual emergency).

    \129\ During and after Katrina, the NCS issued 1,000 new GETS 

access code numbers to first responders, and the GETS system was 

used to make more than 35,000 calls between August 28 and September 

9. House Report at 176. During Katrina, the NCS enabled and 

distributed more than 4,000 new WPS phones. Id. The NCS also 

completed more than 1,500 TSP assignments following Hurricane 

Katrina. Id. at 177. It would have been helpful if these assets had 

been in place before the disaster and first responders were fully 

trained in how to use them.

    \130\ Statement of Jerry Knoblach, Chairman & CEO, Space Data 

Corporation, Before the Federal Communications Commission's 

Independent Panel Reviewing the Impact of Hurricane Katrina on 

Communications Networks, at 6 (Mar. 7, 2006).

---------------------------------------------------------------------------



B. Lack of Interoperability



    Because of its scope and severity, Hurricane Katrina demanded a 

coordinated response from federal and affected state and local 

agencies, as well as volunteers from states both neighboring and 

distant. The Panel heard evidence that, in many cases, responders in 

different agencies were unable to communicate due to incompatible 

frequency assignments.\131\ When the existing infrastructure for the 

New Orleans system was incapacitated by flooding, communications were 

almost completely thwarted as too many users attempted to use the three 

mutual aid channels in the 800 MHz band.\132\ In addition, 

communications between the military and first responders also appeared 

to suffer from lack of interoperability.\133\ In some cases, the 

military was reduced to using human runners to physically carry 

messages between deployed units and first responders.\134\ In another 

case, a military helicopter had to drop a message in a bottle to warn 

first responders about a dangerous gas leak.\135\

---------------------------------------------------------------------------



    \131\ A Failure to Communicate: A Stocktake of Government 

Inaction to Address Communications Interoperability Failures 

Following Hurricane Katrina, First Response Coalition, December 

2005.

    \132\ Sauter Written Statement at 1; Written Report of Ed Smith 

at 1.

    \133\ See Written Statement of Dr. William W. Pinsky on behalf 

of the American Hospital Association, The State of Interoperable 

Communications: Perspectives from the Field, Before the Subcommittee 

on Emergency Preparedness, Science, and Technology, Committee on 

Homeland Security, United States House of Representatives, at 5 

(Feb. 15, 2006), available at http://hsc.house.gov/files/TestimonyPinsky.pdf

.



    \134\ See, e.g., Written Statement of The Honorable Timothy J. 

Roemer, Director, Center for National Policy, Public Safety 

Communications From 9/11 to Katrina: Critical Public Policy Lessons, 

Before the Subcommittee on Telecommunications and the Internet, 

Committee on Energy and Commerce, United States House of 

Representatives, at 5 (Sept. 29, 2005), available at http://energycommerce.house.gov/108/hearings/09292005Hearing1648/Roemer.pdf

 



(describing the use of human couriers by the National Guard).

    \135\ Heather Greenfield, Katrina Revealed Gaps In Emergency 

Response System, The Wash. Times, Dec. 28, 2005, at B1, available at 

http://washingtontimes.com/metro/20051227-095134-3753r.htm.



---------------------------------------------------------------------------



    While most observers characterized ``operability'' as the primary 

communications failure following Katrina,\136\ increased ability to 

interoperate with other agencies would have provided greater redundant 

communications paths and a more coordinated response. While 

technological solutions, such as IP gateways to integrate frequencies 

across multiple bands,\137\ are a critical tool for improving 

interoperability, the Panel was reminded that technology is not the 

sole driver of an optimal solution.\138\ Training, agreement on 

standard operating procedures, governance or leadership and proper 

usage are all critical elements of the interoperability continuum.\139\ 

However, the Panel heard testimony that Project SAFECOM, which is 

intended to provide a solution for interoperability among Federal, 

state and local officials, will take years to achieve its 

objectives.\140\ However, the Panel is also aware of more expedient 

proposals, such as the M/A-COM, Inc. proposal to mandate construction 

of all Federal and non-Federal mutual aid channels to provide baseline 

interoperability to all emergency responders that operate across 

multiple frequency bands using disparate technologies.\141\

---------------------------------------------------------------------------



    \136\ The Federal Response to Hurricane Katrina--Lessons 

Learned, February 2006, at 55; Saussy Mar. 6 Oral Testimony, Tr. at 

44.

    \137\ See, e.g., Presentation to the Meeting of the Independent 

Panel Reviewing the Impact of Hurricane Katrina on Communications 

Networks, Dr. John Vaughan, Vice President TYCO Electronics: M/A-

COM, March 6, 2006; see also Presentation to the FCC's Independent 

Panel Reviewing the Impact of Hurricane Katrina on Communications 

Networks, Wesley D. Smith, Technical Director, ARINC (Mar. 7, 2006).

    \138\ See Interoperability Continuum Brochure, Project Safecom, 

Dept. of Homeland Security (April 5, 2005), available at http://www.safecomprogram.gov/NR/rdonlyres/5C103F66-A36E-4DD1-A00A-54C477B47AFC/0/ContinuumBrochure40505.pdf

.



    \139\ Id. at 4.

    \140\ Oral Testimony of Dr. David G. Boyd, Director of SAFECOM, 

Dept. of Homeland Security, Tr. at 29-30 (Apr. 18, 2006); see also 

Stephen Losey, Defense re-examines homeland role, tactics, Federal 

Times.com (Oct. 18, 2005), available at http://www.federaltimes.com/index.php?S=1174164

.



    \141\ See Further Comments of M/A-Com, Inc. (May 30, 2006).

---------------------------------------------------------------------------



C. PSAP Rerouting



    When a PSAP becomes disabled, 911 emergency calls from the public 

are typically diverted to a secondary neighboring PSAP using 

preconfigured traffic routes. In many cases, Katrina disabled both the 

primary and secondary PSAPs, which resulted in many unanswered 

emergency calls. Additionally, many PSAPs in Louisiana did not have 

protocols in place to identify where 911 calls should go and had not 

arranged for any rerouting, resulting in dropped emergency calls.\142\ 

The Panel heard testimony that Katrina has highlighted a need to 

identify additional back-up PSAPs at remote locations. However, FCC 

regulations may currently restrict the ability of local phone companies 

to establish pre-configured routes across LATA boundaries.\143\ In 

addition, the routing of calls to more distant PSAPs would require 

specific planning to ensure appropriate and timely response to 

emergency calls.

---------------------------------------------------------------------------



    \142\ House Report at 173.

    \143\ Bailey Jan. 30 Written Testimony at 3.



---------------------------------------------------------------------------



[[Page 38587]]



D. Emergency Medical Communications



    There are indications that the emergency medical community was 

lacking in contingency communications planning and information about 

technologies and services that might address their critical 

communications needs.\144\ In particular, this group of first 

responders did not seem to avail itself of existing priority 

communications services, such as GETS, WPS and TSP. It also appeared 

that emergency medical personnel were not always integrated into a 

locality's public safety communications planning.

---------------------------------------------------------------------------



    \144\ See House Report at 269.

---------------------------------------------------------------------------



IV. Emergency Communications to the Public



    The communications infrastructure, in all of its forms, is a key 

asset in delivering information to the American public. In emergencies 

and disaster situations, ensuring public safety is the first priority. 

The use of communications networks to disseminate reliable and relevant 

information to the public is critical--before, during and after such 

events. Moreover, to the extent a more well-informed citizenry is 

better able to prepare for and respond to disasters, there should be 

less strain on already taxed resources, thereby benefiting recovery 

efforts.

    The Emergency Alert System (``EAS'') and its predecessor systems 

have long made use of broadcast radio and television stations as the 

principal tools for communicating with the public about emergencies and 

disaster situations. The Panel heard stories of heroic efforts by 

broadcasters and cable operators to provide members of the public 

impacted by Katrina with important storm-related information. However, 

there were also reports of missed opportunities to utilize the EAS and 

limitations in existing efforts to deliver emergency information to all 

members of the public. New technologies may address some of these 

limitations by facilitating the provision of both macro- and micro-

level information about impending disasters and recovery efforts.



A. Lack of Activation



    The EAS can be activated by the federal government as well as by 

state and local officials to disseminate official news and information 

to the public in the event of an emergency. The Panel understands that 

the National Weather Service used the EAS to provide severe weather 

warnings to citizens in the Gulf States in advance of Katrina making 

landfall.\145\ However, the Panel also heard that the EAS was not 

utilized by state and local officials to provide localized emergency 

evacuation and other important information.\146\ That means that an 

existing and effective means of distributing timely information to our 

citizens was not fully utilized.

---------------------------------------------------------------------------



    \145\ The Federal Response to Hurricane Katrina----Lessons 

Learned, February 2006, at 28.

    \146\ Comments of Hilary Styron of the National Organization on 

Disability Emergency Preparedness Initiative at 2 (Mar. 6, 2006) 

[hereinafter ``Styron Mar. 6 Written Testimony''].

---------------------------------------------------------------------------



B. Limitations in Coverage



    The primary source of emergency information about Katrina came 

through broadcast (including satellite broadcast) and cable 

infrastructure, whether through the EAS or local or national news 

programming. Citizens who were not watching TV or listening to the 

radio at the time of the broadcast missed this emergency information. 

Damage to communications infrastructure made it difficult for news and 

emergency information to reach the public, as did power outages.\147\ 

As a result, a fairly large percentage of the public likely were 

uninformed. The Panel heard about notification technologies that may 

permit emergency messages to be sent to wireline and wireless 

telephones as well as personal digital assistants and other mobile 

devices.\148\ For example, the Association of Public Television 

Stations has developed a means for utilizing the digital transmissions 

of public television stations to datacast emergency information to 

computers or wireless devices.\149\ In addition, the St. Charles Parish 

Public School District used a telephone-based, time-sensitive 

notification technology to send out recorded evacuation messages to 

over 21,000 phone numbers in advance of Katrina's landfall.\150\ The 

District continued to utilize this technology to provide members of the 

public with specific information regarding conditions in the community 

in the storm's aftermath. While the use of phone-based technologies for 

post-disaster communications is necessarily dependent on the state of 

the telephone network, such technologies--which are less subject to 

disruption from power outages--offer the potential for complementing 

the traditional broadcast-based EAS.

---------------------------------------------------------------------------



    \147\ Martin Sept. 29 Written Statement at 2.

    \148\ Comments of Notification Technologies, Inc., EB Docket No. 

04-296 (Jan. 24, 2006).

    \149\ Written Testimony of John M. Lawson, President and CEO, 

Association of Public Television Stations, Before the FCC's 

Independent Panel Reviewing the Impact of Hurricane Katrina on 

Communications Networks (April 18, 2006).

    \150\ Id. at 12.

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    The Panel also understands that the FCC is considering extending 

the reach of the existing emergency alert system to other technologies, 

such as wireless and the Internet.\151\ The Panel understands that 

there are ongoing collaborative industry-government efforts to overcome 

the hurdles to extending alerts to other technologies.

---------------------------------------------------------------------------



    \151\ Review of the Emergency Alert System, First Report and 

Order and Further Notice of Proposed Rulemaking, 20 FCC Rcd 18,625, 

18,653 (] 69) (2005).

---------------------------------------------------------------------------



C. Reaching Persons With Disabilities and Non-English-Speaking 

Americans



    Ensuring emergency communications reach all Americans, even those 

with hearing and visual disabilities or who do not speak English, 

remains a major challenge. Unfortunately, accessibility to suitable 

communications devices for the deaf and hard of hearing was difficult 

during and after Hurricane Katrina.\152\ This problem was intensified 

by the fact that Katrina brought humidity, rain, flooding, and high 

temperatures (which translate into perspiration), all of which reduce 

the effectiveness of hearing aids and cochlear implants.\153\ For 

persons with visual impairments, telephone and broadcast outages made 

information very hard to obtain, and many people with vision loss were 

unable to evacuate.\154\

---------------------------------------------------------------------------



    \152\ See, e.g., Styron Mar. 6 Written Testimony at 2 (over 80% 

of shelters did not have access to communications devices for the 

deaf; over 60% of shelters did not have captioning capabilities 

utilized on the televisions screens and several broadcasters did not 

caption their emergency information, even though it is required by 

the FCC); Oral Testimony of Cheryl Heppner, Vice Chair, Deaf and 

Hard of Hearing Consumer Advocacy Network, FCC Independent Panel 

Reviewing the Impact of Hurricane Katrina on Communications 

Networks, Tr. at 283 (Mar. 6, 2006) [hereinafter ``Heppner Mar. 6 

Oral Testimony''] (many television stations did not provide visual 

information).

    \153\ Heppner Mar. 6 Oral Testimony, Tr. at 282.

    \154\ Comment of the American Council of the Blind and American 

Foundation for the Blind, at 2 (May 3, 2006).

---------------------------------------------------------------------------



    The broadcast industry has taken significant steps to provide on-

screen sign language interpreters and close captioning. Broadcasters 

also sometimes broadcast critical information in a second language 

where there are a significant number of non-English speaking residents 

in the community. For example, a Spanish-language radio station in the 

New Orleans area provided warnings, and information about family 

members and disaster relief assistance.\155\

---------------------------------------------------------------------------



    \155\ See, e.g., Comments by the National Council of La Raza, In 

the Eye of the Storm: How the Gov't and Private Response to 

Hurricane Katrina Failed Latinos at 5 (Apr. 24, 2006) [hereinafter 

``La Raza Comments''].



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[[Page 38588]]



    However, the Panel also heard that written or captioned information 

was at times inadequate and that station logos or captions sometimes 

covered up the sign-language interpreter or close-captioning.\156\ 

Additionally, personnel who provided these critical services often 

evacuated, leaving the station with no ability to deliver these 

services. Further, specialized radios relied upon by the hearing-

impaired, because they can display text messages, are not currently 

designed to be battery-operated and thus became useless when power goes 

out.\157\ The distribution of emergency weather information in 

languages other than English appeared limited, based primarily on the 

willingness and ability of local weather forecasting offices and the 

availability of ethnic media outlets.\158\ Innovative notification 

technologies, such as those described above, may provide a partial 

answer to the emergency communications needs of persons with 

disabilities and non-English-speaking members of the public as such 

technologies can be used to deliver targeted messages in a specified 

format.

---------------------------------------------------------------------------



    \156\ Heppner Mar. 6 Oral Testimony, Tr. at 283-84; Remarks by 

Cheryl Heppner, Deaf and Hard of Hearing Consumer Advocacy Network, 

at 2 (Mar. 6, 2006).

    \157\ Heppner Mar. 6. Oral Testimony at 283-85.

    \158\ See, e.g., La Raza Comments at 5 (citing Interview with 

official at the National Weather Service, Jan. 6, 2006).

---------------------------------------------------------------------------



    Relatedly, individuals with disabilities often had a difficult time 

using communications capabilities at shelters or other recovery 

areas.\159\ Phone and computer banks provided at these locations 

generally did not have capabilities to assist the hearing or speech-

impaired.\160\

---------------------------------------------------------------------------



    \159\ Id.; Styron Mar. 6 Written Testimony at 2.

    \160\ See, e.g., id.; Comments of the Consortium for Citizens 

With Disabilities at 1-2 (April 13, 2006); Styron Mar. 6 Oral 

Testimony, Tr. at 291.

---------------------------------------------------------------------------



D. Inconsistent or Incorrect Emergency Information



    One of the benefits of the EAS is that it facilitates the 

communication of a uniform message to the public by an authoritative or 

credible spokesperson, thereby minimizing confusion and contributing to 

an orderly public response. However, as noted above, the EAS was not 

activated in several jurisdictions. Moreover, while broadcasters, cable 

operators and satellite providers went to considerable lengths to 

provide the public with information regarding Katrina and its impact, 

the Panel understands that inconsistent or erroneous information about 

critical emergency issues was sometimes provided within the affected 

region. For example, information regarding conditions in one portion of 

New Orleans did not necessarily accurately depict conditions in other 

areas of the city. The dissemination of targeted information from an 

authoritative source through the EAS or other notification technologies 

might have assisted with this problem.



RECOMMENDATIONS



    Based upon its observations regarding the impact of Hurricane 

Katrina on communications networks and the sufficiency and 

effectiveness of the recovery effort, the Panel has developed a number 

of recommendations to the FCC for improving disaster preparedness, 

network reliability and communications among first responders. As with 

its observations, these recommendations are grouped into four sections. 

The first contains recommendations for steps to better pre-position the 

communications industry and the government for disasters in order to 

achieve greater network reliability and resiliency. The second section 

presents suggestions for improving recovery coordination to address 

existing shortcomings and to maximize the use of existing resources. 

The third section focuses on first responder communications issues, 

recommending essential steps for improving the operability and 

interoperability of public safety and 911 communications in times of 

crisis. And finally, the last group of recommendations presents the 

Panel's suggestions for improving emergency communications to the 

public. All of our citizens deserve to be sufficiently informed should 

a major disaster strike in the future.



Pre-Positioning for Disasters--A Proactive, Rather Than Reactive 

Program for Network Reliability and Resiliency



    1. Pre-positioning for the Communications Industry--A Readiness 

Checklist--The FCC should work with and encourage each industry sector, 

through their organizations or associations, to develop and publicize 

sector-specific readiness recommendations. Such a checklist should be 

based upon relevant industry best practices as set forth by groups such 

as the Media Security and Reliability Council (``MSRC'') and the 

Network Reliability and Interoperability Council (``NRIC''). Any such 

checklist should include the following elements:

    a. Developing and implementing business continuity plans, which 

would at a minimum address:

    i. Power reserves,

    ii. Cache of essential replacement equipment,

    iii. Adequate sparing levels,

    iv. Credentialing,

    v. Emergency Operations Center (``EOC'') coordination,

    vi. Training/disaster drills, and

    vii. Appropriate disaster preparedness checklists;

    b. Conducting exercises to evaluate these plans and train 

personnel;

    c. Developing and practicing a communications plan to identify 

``key players'' and multiple means of contacting them (including 

alternate communications channels, such as alpha pagers, Internet, 

satellite phones, VOIP, private lines, BlackBerry-type devices, etc.);

    d. Routinely archiving critical system backups and providing for 

their storage in a ``secure off-site'' facilities.

    2. Pre-positioning for Public Safety--An Awareness Program for Non-

Traditional Emergency Alternatives--The FCC should take steps to 

educate the public safety community about the availability and 

capabilities of non-traditional technologies that might provide 

effective back-up solutions for existing public safety communications 

systems. Examples of these technologies would be pagers, satellite 

technology and phones, portable towers and repeaters, point-to-point 

microwave links, license-exempt WISP systems, other systems less 

reliant on the PSTN, and bridging technologies/gateways that would 

facilitate interoperability. One means for the FCC to do this would be 

to organize an exhibit area or demonstration of these technologies in 

conjunction with one or more large public safety conferences, such as:

    a. APCO International Annual Conference and Exposition August 6-10, 

2006; Orlando, FL

    b. IAFC Fire Rescue International September 14-16, 2006; Dallas, TX

    c. International Association of Chiefs of Police Conference October 

14-18, 2006; Boston, MA

    d. NENA Annual Conference and Trade Show June 9-14, 2007; Fort 

Worth, TX

    e. National Sheriff's Association Annual Conference June 23-27, 

2007; Salt Lake City, UT

    f. National Fraternal Order of Police August 13-16, 2007; 

Louisville, KY

    The FCC should also consider organizing a similar exhibit/

demonstration for other industry sectors that might benefit from this 

information

    3. Pre-positioning for FCC Regulatory Requirements--An A Priori 

Program for



[[Page 38589]]



Disaster Areas--The FCC should explore amending its rules to permit 

automatic grants of certain types of waivers or special temporary 

authority (STA) in a particular geographic area if the President 

declares that area to be a ``disaster area''. As a condition of the 

waiver or STA, the FCC could require verbal or written notification to 

the Commission staff contemporaneously with activation or promptly 

after the fact. Further, the FCC should examine expanding the on-line 

filing opportunities for STA requests, including STA requests for AM 

broadcast stations. Examples of possible rule waivers and STAs to study 

for this treatment include:

    a. Wireline.

    i. Waiver of certain carrier change requirements to allow customers 

whose long distance service was disrupted to be connected to an 

operational long distance provider.

    ii. Waiver of aging residential numbers rules for customers in the 

affected area. This allows carriers to disconnect temporarily 

customers' telephone service, upon request, and reinstate the same 

number when the service is reconnected.

    iii. Waiver of number portability requirements to allow rerouting 

of traffic to switches unaffected by the crisis.

    iv. Waiver of reporting filings, such as Form 477 on local 

competition and broadband data, during the crisis.

    b. Wireless.

    i. Waiver of amateur radio and license exempt rules permitting 

transmissions necessary to meet essential communications needs.

    ii. Waiver of application filing deadlines (e.g., renewals, 

construction notifications, discontinuance notices, etc.), construction 

requirements, and discontinuance of service requirements.

    iii. Streamlined STA process, such that parties in the affected 

area may simply notify the FCC in writing or verbally of a need to 

operate in order to restore service.

    c. Broadcast and Cable.

    i. Waiver of non-commercial educational (``NCE'') rules to permit 

NCE television and radio stations in the affected area to simulcast and 

rebroadcast commercial station programming during a crisis.

    ii. Waiver of requirements for notifying the FCC of use of 

emergency antennas within 24 hours.

    iii. Waiver of limits on AM nighttime operations, so long as 

operation is conducted on a noncommercial basis.

    iv. Waiver of rules on limited and discontinued operations.

    v. Tolling of broadcast station construction deadlines.

    vi. Automatic STAs, or STAs granted through written or oral 

notification, for broadcast stations to go silent.

    vii. Waiver of restrictions on simulcast programming of commonly 

owned stations within the same band.

    viii. Waiver of location and staffing requirements of a main studio 

within the community.

    ix. Waiver of activation and post-event Section 73.1250 reporting 

requirements related to transmission of point-to-point communications 

during a declared emergency.

    d. Satellite.

    i. Waiver of requirements for notifying the FCC of use of emergency 

antenna equipment within 24 hours.

    ii. Streamlined STA process for satellite operators responding to a 

declared emergency.

    4. Pre-positioning for Government Outage Monitoring--A Single 

Repository and Contact with Consistent Data Collection--The FCC should 

coordinate with other federal and state agencies to identify a single 

repository/point of contact for communications outage information in 

the wake of an emergency. The Panel suggests that the FCC is the 

federal agency best situated to perform this function. The FCC should 

work with affected industry members and their trade associations to 

establish a consolidated data set and geographic area for data 

collection. Once broad agreement is reached on the appropriate outage 

information to be collected, it should be consistently applied and not 

subject to routine changes. To the extent practical, the frequency of 

voluntary reporting and duration of reporting requirements should be 

specified as part of any emergency outage reporting plan. The Panel 

suggests that reporting no more than once a day would strike the right 

balance between supplying important outage information and not 

distracting resources from critical recovery efforts. Additionally, any 

proprietary information that is gathered through voluntary outage 

reporting must be kept confidential, with only aggregated information 

provided to appropriate government entities, such as the local EOC, 

during a crisis situation. Any carrier-specific data should be 

disclosed to other agencies only with appropriate confidentiality 

safeguards (such as non-disclosure agreements) in place.



Recovery Coordination--Critical Steps for Addressing Existing 

Shortcomings and Maximizing Use of Existing Resources



    1. Remedying Existing Shortcomings--National Credentialing 

Guidelines for Communications Infrastructure Providers--The Panel 

generally supports the National Security Telecommunications Advisory 

Committee's (``NSTAC's'') recommendation for a national standard for 

credentialing telecommunications repair workers, but believes this 

should be broadened to include repair workers of all communications 

infrastructure providers (including wireline, wireless, WISP, 

satellite, cable and broadcasting infrastructure providers). 

Specifically, the Panel recommends that the FCC work with other 

appropriate federal departments and agencies and the communications 

industry to promptly develop national credentialing requirements and 

process guidelines for enabling communications infrastructure providers 

and their contracted workers access to the affected area post-disaster. 

The FCC should encourage states to develop and implement a 

credentialing program consistent with these guidelines as promptly as 

possible and encourage appropriate communications industry members to 

secure any necessary credentialing. Under this program, credentials 

should be available to be issued to communications infrastructure 

providers at any time during the year, including before, during and 

after a disaster situation. The credentials should be issued directly 

to communications infrastructure providers, which will then be 

responsible for distributing these credentials to their employees and 

contracted workers. These credentials, together with company-issued 

employee or contractor identification should be sufficient to permit 

access. As a condition of credentialing, the program should require 

that communications infrastructure providers receiving credentials 

ensure that their employees and contracted workers receiving 

credentials complete basic National Incident Management System 

(``NIMS'') training (i.e., ``Introduction to NIMS''). The FCC should 

work with the communications industry to develop an appropriate basic 

NIMS training course (no more than one hour) for communications repair 

workers that can be completed online. Once developed, this 

communications-specific training course should replace ``Introduction 

to NIMS'' as the requirement for credentialing. The FCC should also



[[Page 38590]]



encourage states to recognize and accept credentials issued by other 

states.

    2. Remedying Existing Shortcomings--Emergency Responder Status for 

Communications Infrastructure Providers--The Panel supports the NSTAC's 

recommendation that telecommunications infrastructure providers and 

their contracted workers be afforded emergency responder status under 

the Stafford Act and that this designation be incorporated into the 

National Response Plan, as well as state and local emergency response 

plans. However, the Panel suggests that this recommendation be 

broadened to include all communications infrastructure providers 

(including wireline, wireless, WISP, satellite, cable and broadcasting 

infrastructure providers) and their contracted workers. The FCC should 

work with Congress and the other appropriate federal departments and 

agencies to implement this broadened recommendation.

    3. Remedying Existing Shortcomings--Utilization of State/Regional 

Coordination Bodies--The FCC should work with state and local 

government and the communications industry (including wireline, 

wireless, WISP, satellite, cable and broadcasting) to better utilize 

the coordinating capabilities at regional, state and local EOCs, as 

well as the Joint Field Office (``JFO''). The FCC should encourage, but 

not require, each regional, state and local EOC and the JFO to engage 

in the following activities:

    a. Facilitate coordination between communications infrastructure 

providers (including wireline, wireless, WISP, satellite, cable and 

broadcasting providers, where appropriate) and state and local 

emergency preparedness officials (such as the state emergency 

operations center) in the state or region at the EOC or JFO. The 

parties should meet on a periodic basis to develop channels of 

communications (both pre- and post-disaster), to construct joint 

preparedness and response plans, and to conduct joint exercises.

    b. Develop credentialing requirements and procedures for purposes 

of allowing communications infrastructure providers, their contracted 

workers and private security teams, if any, access to the affected area 

post-disaster. These requirements and procedures should be consistent 

with any nationally-developed credentialing guidelines. Where possible, 

web-based applications should be created to pre-clear or expedite 

movement of communications infrastructure providers into a disaster 

area.

    c. Develop and facilitate inclusion in the state's Emergency 

Preparedness Plan, where appropriate, one or more clearly identified 

post-disaster coordination areas for communications infrastructure 

providers, their contracted workers, and private security teams, if 

any, to gather post-disaster where credentialing, security, escorts and 

further coordination can be achieved. The state's Emergency 

Preparedness Plan should describe the process for informing 

communications infrastructure providers where these coordination 

area(s) will be located.

    d. Post-disaster, share information and coordinate resources to 

facilitate repair of key communications infrastructure. Specifically, 

this would include identifying key damaged infrastructure; if 

necessary, assigning priorities for access and scarce resources (fuel, 

security, etc.) to repair this infrastructure. Additionally, the 

coordination body and staging area can provide a means for industry to 

share and maximize scarce resources (share surplus equipment, double 

and triple up on security escorts to a particular area, etc.).

    e. Facilitate electric and other utilities' maintenance of priority 

lists for commercial power restoration. Include commercial 

communications providers on this priority list and coordinate power 

restoration activities with communications restoration.

    The Panel would also support communications infrastructure 

providers in a state or region forming an industry-only group for 

disaster planning, coordinating recovery efforts and other purposes. 

Nevertheless, the Panel believes that coordinating capabilities and 

staffing of regional, state and local EOCs, as well as the JFO, need to 

be better utilized for the purposes described above.

    4. Maximizing Existing Resources--Expanding and Publicizing 

Emergency Communications Programs (GETS, WPS and TSP)--To facilitate 

the use of existing emergency communications services and programs, the 

FCC should:

    a. Work with the National Communications System (``NCS'') to 

actively and aggressively promote GETS, WPS and TSP to all eligible 

government, public safety, and critical industry groups. As part of 

this outreach effort, the Commission should target groups that have 

relatively low levels of participation. For example, the Panel 

recommends that the Commission reach out to the emergency medical 

community and major trauma centers to make them aware of the 

availability of these services.

    b. Work with the NCS to clarify whether broadcast, WISP, satellite, 

and cable company repair crews are eligible for GETS and WPS under the 

Commission's existing rules. If so, the Commission should promote the 

availability of these programs to those entities and urge their 

subscribership. If the Commission determines that these entities are 

not eligible, the Panel recommends that the Commission revise its rules 

so that these entities can subscribe to WPS and GETS.

    c. Work with the NCS to explore whether it is technically and 

financially feasible for WPS calls to automatically receive GETS 

treatment when they reach landline facilities (thus avoiding the need 

for a WPS caller to also enter GETS information). The Commission may 

desire to set up an industry task force to explore this issue.

    d. Work with the NCS and the communications sector to establish and 

promote best practices to ensure that all WPS, GETS, and TSP 

subscribers are properly trained in how to use these services.

    5. Maximizing Existing Resources--Broadening NCC to Include All 

Communications Infrastructure Sectors--The FCC should work with the NCS 

to broaden the membership of the National Coordination Center for 

Telecommunications (``NCC'') to include adequate representation of all 

types of communications systems, including broadcast, cable, satellite 

and other new technologies, as appropriate.

    6. Maximizing Existing Resources--FCC Web site for Emergency 

Coordination Information--The FCC should create a password-protected 

Web site, accessible by credentialed entities (under recovery 

coordination recommendation 1), listing the key state 

emergency management contacts (especially the contacts for 

communications coordinating bodies), as well as post-disaster 

coordination areas for communications providers. During an emergency, 

this Web site should be updated on a 24/7 basis.

    7. Maximizing Existing Resources--FCC Web site for Emergency 

Response Team Information--The FCC should create a Web site to 

publicize the agency's emergency response team's contact information 

and procedures for facilitating disaster response and outage recovery.



First Responder Communications--Essential Steps for Addressing Lessons 

Learned From Hurricane Katrina



    1. Essential Steps in Pre-positioning Equipment, Supplies and 

Personnel--An Emergency Restoration Supply Cache and Alternatives 

Inventory--To facilitate the restoration of public safety 

communications capabilities, the FCC should:



[[Page 38591]]



    a. Encourage state and local jurisdictions to retain and maintain, 

including through arrangements with the private sector, a cache of 

equipment components that would be needed to immediately restore 

existing public safety communications within hours of a disaster. At a 

minimum, the cache should include the necessary equipment to quickly 

restore communications capabilities on all relevant mutual aid 

channels. Such a cache would consist of:

    i. RF gear, such as 800 MHz, UHF, VHF, Mutual Aid, IP Gateway, and 

dispatch consoles;

    ii. trailer and equipment housing;

    iii. tower system components (antenna system, hydraulic mast);

    iv. power system components (generator, UPS, batteries, 

distribution panel); and

    v. fuel.

    The cache should be maintained as a regional or statewide resource 

and located in areas protected from disaster impacts. The cache should 

be included as an element of the National Response Plan.

    b. Encourage state and local jurisdictions to utilize the cache 

through training exercises on a regular basis.

    c. Support the ongoing efforts of the NCC to develop and maintain a 

database of state and local public safety system information, including 

frequency usage, to allow for more efficient spectrum sharing, rapid 

on-site frequency coordination, and emergency provision of supplemental 

equipment in the event of system failures.

    d. Urge public safety licensees to familiarize themselves with 

alternative communications technologies to provide communications when 

normal public safety networks are down. Such technologies include 

satellite telephones, two-way paging devices, and other technologies 

less reliant on the PSTN. Most importantly, public safety agencies 

should be reminded/encouraged to train and use such devices prior to 

emergencies.

    e. Support the efforts of the NCC to develop an inventory of 

available communications assets (including local, state, federal 

civilian and military) that can be rapidly deployed in the event of a 

catastrophic event. The list should include land mobile radios, 

portable infrastructure equipment, bridging technologies/gateways, and 

backup power system components. This information should include the 

steps necessary for requesting the deployment of these assets. The FCC 

should work with the NCC and the appropriate agencies to educate key 

state and local emergency response personnel on the availability of 

these assets and how to request them.

    f. Coordinate with the NCS/NCC to assure that, immediately 

following any large disaster, there is an efficient means by which 

federal, state and local officials can identify and locate private 

sector communications assets that can be made rapidly available to 

first responders and relief organizations. One such means to be 

considered would be a Web site maintained by either the FCC or NCC 

through which the private sector could register available assets along 

with product information. The Web site should be designed with a 

special area for registering available equipment to assist persons with 

disabilities in their communications needs.

    2. Essential Steps in Enabling Emergency Communications 

Capabilities--Facilitating First Responder Interoperability--To 

facilitate interoperability among first responder communications, the 

FCC should:

    a. Consistent with recent legislation, maintain the schedule for 

commencing commercial spectrum auctions before January 28, 2008 to 

fully fund the $1 billion public safety interoperability program.

    b. Work with National Telecommunications and Information 

Administration (``NTIA'') and the Department of Homeland Security 

(``DHS'') to establish appropriate criteria for the distribution of the 

$1 billion in a manner that best promotes interoperability with the 700 

MHz band. Among other things, such criteria should mandate that any 

radios purchased with grant monies must be capable of operating on 700 

MHz and 800 MHz channels established for mutual aid and 

interoperability voice communications.

    c. Encourage the expeditious development of regional plans for the 

use of 700 MHz systems and move promptly to review and approve such 

plans.

    d. Expeditiously approve any requests by broadcasters to terminate 

analog service in the 700 MHz band before the end of the digital 

television transition in 2009 in order to allow public safety users 

immediate access to this spectrum.

    e. Work with the NTIA and DHS to develop strategies and policies to 

expedite allowing Federal (including the military), state and local 

agencies to share spectrum for emergency response purposes, 

particularly the Federal incident response channels and channels 

established for mutual aid and interoperability.

    f. Publicize interoperability successes and/or best practices by 

public safety entities to serve as models to further interoperability.

    3. Essential Steps in Addressing E-911 Lessons Learned--A Plan for 

Resiliency and Restoration of E-911 Infrastructure and PSAPs--In order 

to ensure a more robust E-911 service, the FCC should encourage the 

implementation of these best practice recommendations issued by Focus 

Group 1C of the FCC-chartered NRIC VII:

    a. Service providers and network operators should consider placing 

and maintaining 911 circuits over diverse interoffice transport 

facilities (e.g., geographically diverse facility routes, automatically 

invoked standby routing, diverse digital cross-connect system services, 

self-healing fiber ring topologies, or any combination thereof). See 

NRIC VII Recommendation 7-7-0566.

    b. Service providers, network operators and property managers 

should ensure availability of emergency/backup power (e.g., batteries, 

generators, fuel cells) to maintain critical communications services 

during times of commercial power failures, including natural and 

manmade occurrences (e.g., earthquakes, floods, fires, power brown/

blackouts, terrorism). The emergency/backup power generators should be 

located onsite, when appropriate. See NRIC VII Recommendation 7-7-5204.

    c. Network operators should consider deploying dual active 911 

selective router architectures to enable circuits from the caller's 

serving end office to be split between two selective routers in order 

to eliminate single points of failure. Diversity should also be 

considered on interoffice transport facilities connecting each 911 

selective router to the PSAP serving end office. See NRIC VII 

Recommendations 7-7-0571.

    d. Network operators, service providers, equipment suppliers and 

public safety authorities should establish alternative methods of 

communication for critical personnel. See NRIC VII Recommendation 7-7-

1011.

    In addition, the FCC should:

    a. Recommend the designation of a secondary back-up PSAP that is 

more than 200 miles away to answer calls when the primary and secondary 

PSAPs are disabled. This requires the FCC to eliminate any regulatory 

prohibition against the transport of 911 across LATA boundaries. The 

Panel recommends that the FCC expeditiously initiate such a rulemaking. 

This rulemaking should also consider



[[Page 38592]]



permitting a backup E-911 tandem across a LATA boundary.

    b. Recommend that the FCC urge the DHS, Fire Grant Act, and other 

applicable federal programs to permit state or local 911 commissions or 

emergency communications districts, which provide 911 or public safety 

communications services, to be eligible to apply for 911 enhancement 

and communications enhancement/interoperability grants.

    4. Essential Steps in Addressing Lessons Learned Concerning 

Emergency Medical and Hospital Communications Needs--An Outreach 

Program to Educate and Include the Emergency Medical Community in 

Emergency Communications Preparedness--The FCC should work to assist 

the emergency medical community to facilitate the resiliency and 

effectiveness of their emergency communications systems. Among other 

things, the FCC should:

    a. Educate the emergency medical community about emergency 

communications and help to coordinate this sector's emergency 

communications efforts;

    b. Educate the emergency medical community about the various 

priority communications services (i.e., GETS, WPS and TSP) and urge 

them to subscribe;

    c. Work with Congress and the other appropriate federal departments 

and agencies to ensure emergency medical personnel are treated as 

public safety personnel under the Stafford Act; and

    d. Support DHS efforts to make emergency medical providers eligible 

for funding for emergency communications equipment under the State 

Homeland Security Grant Program.



Emergency Communications to the Public--Actions To Alert and Inform



    1. Actions to Alert and Inform--Revitalize and Publicize the 

Underutilized Emergency Alert System--To facilitate and complement the 

use of the existing Emergency Alert System (``EAS''), the FCC should:

    a. Educate state and local officials about the existing EAS, its 

benefits, and how it can be best utilized.

    b. Develop a program for educating the public about the EAS and 

promote community awareness of potential mechanisms for accessing those 

alerts sent during power outages or broadcast transmission failures.

    c. Move expeditiously to complete its proceeding to explore the 

technical and financial viability of expanding the EAS to other 

technologies, such as wireless services and the Internet, recognizing 

that changes to communications networks and equipment take time to 

implement.

    d. Consistent with proposed legislation, work with Congress and 

other appropriate federal departments and agencies to explore the 

technical and financial viability of establishing a comprehensive 

national warning system that complements existing systems and allows 

local officials to increase the penetration of warnings to the public 

as well as target, when necessary, alerts to a particular area.

    e. Work with the DHS and other appropriate federal agencies on 

pilot programs that would allow more immediate evaluation and testing 

of new notification technologies.

    f. Work with the Department of Commerce to expand the distribution 

of certain critical non-weather emergency warnings over NOAA weather 

radios to supplement the EAS.

    2. Actions to Alert and Inform--Commence Efforts to Ensure that 

Persons with Disabilities and Non-English-Speaking Americans Receive 

Meaningful Alerts--To help to ensure that all Americans, including 

those with hearing or visual disabilities or who do not speak English, 

can receive emergency communications, the FCC should:

    a. Promptly find a mechanism to resolve any technical and financial 

hurdles in the current EAS to ensure that non-English-speaking people 

or persons with disabilities have access to public warnings, if readily 

achievable.

    b. Work with the various industry trade associations and the 

disabled community to create and publicize best practices for serving 

persons with disabilities and non-English-speaking Americans.

    c. Encourage state and local government agencies who provide 

emergency information (through video or audio broadcasts or Web sites) 

to take steps to make critical emergency information accessible to 

persons with disabilities and non-English-speaking Americans.

    3. Actions to Alert and Inform--Ensure Consistent and Reliable 

Emergency Information Through a Consolidated and Coordinated Public 

Information Program--Public information functions should be coordinated 

and integrated across jurisdictions and across functional agencies, 

among federal, state, local and tribal partners, and with private 

sector and non-governmental organizations. The FCC should work with all 

involved parties to help facilitate the following:

    a. Integration of media representatives into the development of 

disaster communications plans (ESF 2). These plans should 

establish systems and protocols for communicating timely and accurate 

information to the public during crisis or emergency situations.

    b. Designation of a public information officer at each EOC. This 

individual should be accessible to the media to handle media and public 

inquiries, emergency public information and warnings, rumor monitoring 

and response, and other functions required to coordinate, clear with 

appropriate authorities, and disseminate accurate and timely 

information related to the incident, particularly regarding information 

on public health, safety and protection.

    c. During large-scale disasters, the formation of a Joint 

Information Center (``JIC'') for the collocation of representatives 

from federal, regional, state, local and/or tribal EOCs tasked with 

primary incident coordination responsibilities. The JIC would provide 

the mechanism for integrating public information activities across 

jurisdictions and with private sector and non-governmental 

organizations. Media operations should be an integral part of the JIC.



CONCLUSION



    The Katrina Panel commends Chairman Martin and the Commission for 

their actions to assist industry and first responders before, during 

and after Hurricane Katrina and for forming this Panel to identify 

steps to be taken to enhance readiness and recovery in the future. The 

Panel thanks the Commission for the opportunity to address the 

important issues associated with this devastating hurricane's effect on 

our nation's communications networks. In this effort, the Panel members 

have brought to bear a broad background of public safety and industry 

experiences, including (for many) first-hand knowledge of the 

devastation wrought by Katrina. The Panel has also benefited from 

information provided in the many comments and expert presentations. The 

Panel hopes that its resulting observations and recommendations prove 

useful to the Commission in helping to ensure that the communications 

industry, first responders, and government at all levels are better 

prepared for future hurricanes and any other disasters that might lie 

ahead for us.



APPENDIX A--Members of the Independent Panel Reviewing the Impact of 

Hurricane Katrina on Communications Networks



Chair: Nancy J. Victory, Partner, Wiley Rein & Fielding LLP



[[Page 38593]]



Carson Agnew, Executive Vice President, Mobile Satellite Ventures, 

LP

Michael R. Anderson, Chairman, PART-15.ORG

Robert G. (Gil) Bailey, ENP, Telecommunications Manager, Harrison 

County, MS Emergency Communications Commission

Kevin Beary, Sheriff, Orange County, FL

Greg Bicket, Vice President/Regional Manager, Cox Communications

Lt. Colonel Joseph Booth, Deputy Superintendent, Louisiana State 

Police

Steve Davis, Senior Vice President--Engineering, Clear Channel Radio

Robert G. Dawson, President & CEO, SouthernLINC Wireless

Stephen A. Dean, Fire Chief, City of Mobile, AL

Steve Delahousey, Vice President--Operations, American Medical 

Response

Dave Flessas, Vice President--Network Operations, Sprint Nextel 

Corp.

Martin D. Hadfield, Vice President--Engineering, Entercom 

Communications Corp.

Jim O. Jacot, Vice President, Cingular Network Group

Tony Kent, Vice President--Engineering & Network Operations, 

Cellular South

Kelly Kirwan, Vice President--State and Local Government and 

Commercial Markets Division, The Americas Group, Government, 

Enterprise, and Mobility Solutions, Motorola Communications and 

Electronics, Inc.

Jonathan D. Linkous, Executive Director, American Telemedicine 

Association

Adora Obi Nweze, Director, Hurricane Relief Efforts, NAACP; 

President, Florida State Conference, NAACP; Member, National Board 

of Directors, NAACP

Eduardo Pe[ntilde]a, Board Member, League of United Latin American 

Citizens

Billy Pitts, President of Government Affairs, The NTI Group

Major Michael Sauter, Commander, Office of Technology and 

Communications, New Orleans Police Department

Marion Scott, Vice President--Operations, CenturyTel

Kay Sears, Senior Vice President of Sales and Marketing, G2 

Satellite Solutions, PanAmSat Corporation

Edmund M. ``Ted'' Sexton, Sr., President, National Sheriffs 

Association

Edwin D. Smith, Chief, Baton Rouge Fire Department

William L. Smith, Chief Technology Officer, BellSouth Corporation

Patrick Yoes, President, Louisiana Fraternal Order of Police, 

National Secretary, Fraternal Order of Police

[FR Doc. 06-6013 Filed 7-6-06; 8:45 am]



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