What changed between these versions
A substantive restructuring of reporting requirements. v3 eliminates event-specific preliminary and final reports, replacing them with a single annual report and public hearing, and adds a new rule of construction. It also shifts the responsibility for the Kari's Law report from the Inspector General to the Commission.
Overview
A handful of significant changes across two main sections. · v3 restructures and streamlines the reporting process, clarifies definitions, and adds a new limitation on FCC authority, while also shifting internal reporting responsibilities.
The most significant changes in v3 involve a complete overhaul of the FCC's post-Disaster Information Reporting System (DIRS) reporting requirements. The previous structure of event-specific preliminary and final reports has been replaced with a single annual public hearing and subsequent report, altering the timing and scope of FCC oversight. Additionally, v3 introduces a new rule of construction limiting the FCC's authority over broadband internet access services and shifts the responsibility for the Kari's Law Act implementation report from the Inspector General to the Commission itself.
Major additions
This new definition explicitly defines "State" as having the meaning given in section 3 of the Communications Act of 1934 (47 U.S.C. 153). In v2, this definition was combined with "interconnected VoIP service."
Separating the definition of "State" into its own paragraph clarifies the legal interpretation and referencing of this term within the Act, ensuring it stands independently from the "interconnected VoIP service" definition.
This new subsection establishes a rule of construction stating that nothing in the Act shall be construed to provide the Commission or any other person authority over any provider of broadband internet access service beyond what is specifically authorized under this Act.
This addition explicitly limits the FCC's authority, potentially preventing broader interpretations of the Act that could expand the Commission's regulatory reach over broadband internet access services. It provides a safeguard for service providers against unintended regulatory overreach.
Deletions
This subsection required the Commission to issue a preliminary report not later than 6 weeks after the deactivation of the Disaster Information Reporting System (DIRS) for events lasting at least 7 days. The report was to detail outages, affected users/infrastructure, and 911 service impacts.
The deletion of this preliminary report removes an early-stage reporting requirement, meaning that initial assessments of disaster-related communication outages will no longer be formally published by the FCC within a short timeframe after an event. This alters the immediate transparency and accountability mechanism for disaster response.
Modifications
This change clarifies the specific regulatory source for the "interconnected VoIP service" definition, potentially aligning it with current FCC regulations. Separating the "State" definition improves clarity and avoids potential ambiguity from combining two distinct terms.
Before
Defined "interconnected VoIP service" and "State" together, both having meanings from section 3 of the Communications Act of 1934.
After
Redefines "interconnected VoIP service" to have the meaning given in section 9.3 of title 47, Code of Federal Regulations, or any successor regulation. The definition of "State" was moved to a new, separate paragraph (a)(11).
This modification shifts the focus from immediate, localized public engagement following a specific disaster to a broader, annual review. While it ensures regular oversight, it may reduce the immediacy and direct local input that a field hearing in an affected area would provide for specific, recent events.
Before
Required the FCC to hold at least one public field hearing within 8 months after the deactivation of DIRS for an event lasting at least 7 days, specifically in the area affected by such event.
After
Requires the FCC to hold at least one public hearing each year relating to all events during the preceding 1-year period for which DIRS was activated for not less than 7 days. The requirement for a "field hearing in the affected area" is removed.
This change streamlines the reporting timeline relative to the annual hearing, but the added constraint may limit the depth or scope of information included in the report if new data collection would be required. It moves from event-driven reporting to a more standardized annual review.
Before
Required the FCC to issue a final report within 12 months after DIRS deactivation for an event, including information from the preliminary report and recommendations.
After
Requires the FCC to issue a report within 120 days after the annual public hearing (under new paragraph (1)) occurs. It specifies that the report should include information "to the extent known without requiring the collection of additional information" and recommendations.
This modification provides stronger protections for confidential and company-specific information, potentially reducing the amount of granular data available to the public in these reports. This could impact transparency for those seeking detailed, company-level outage information.
Before
Required publication of reports, excluding information exempt from public disclosure under FCC rules.
After
Retains the exclusion for information exempt from public disclosure, but adds an explicit exclusion for information "submitted to the Commission with a proper request for confidential treatment as described in section 0.459 of title 47, Code of Federal Regulations." It also explicitly states, "The Commission shall not publicly disclose company-specific information."
This modification broadens the scope of the FCC's investigation, requiring it to explicitly consider the practical burdens on service providers when evaluating the inclusion of visual information in outage notifications. This ensures a more balanced assessment of proposed changes to reporting rules.
Before
Required the FCC to investigate and report on the value of visual information in outage notifications, the volume of unreported 911 outages, and recommended rule changes to address these.
After
Adds a new item (3) to the list of investigations: "the balance between the value described in paragraph (1) to public safety agencies and the burden and practicality for originating service providers of including visual information in outage notifications as described in that paragraph." The original item (3) becomes (4).
This shifts the oversight and reporting responsibility from an independent internal watchdog (Inspector General) to the agency itself (the Commission). This could alter the perceived independence or focus of the report, as the Commission would be reporting on its own enforcement efforts rather than having an external review.
Before
Directed the Inspector General of the Commission to publish a report regarding the enforcement of Kari's Law Act of 2017.
After
Directs the Commission (instead of the Inspector General) to publish the report regarding the enforcement of Kari's Law Act of 2017.
Scope
Meaningful expansion or narrowing — Changes are concentrated within Section 2, which deals with FCC reporting and network outage improvements, and a specific change in Section 4 regarding reporting entity. — v3 represents a meaningful refinement and restructuring of reporting mechanisms, shifting from event-specific to annual reporting, and introduces a new policy direction regarding the explicit limitation of FCC authority over broadband internet access services. — The changes to reporting requirements in Section 2(b) fundamentally alter how the FCC will conduct and communicate its oversight of DIRS activations, impacting how information is gathered, presented, and made public. The new rule of construction in Section 2(d) could influence future interpretations of FCC authority across various regulatory contexts.
Impact analysis
Federal Communications Commission (FCC)
Procedural change; reduced immediate, event-specific reporting burden but increased annual comprehensive reporting. Shifted internal accountability.
The FCC's reporting obligations for DIRS activations are streamlined from event-specific preliminary and final reports to a single annual public hearing and report. The responsibility for the Kari's Law report shifts from its Inspector General to the Commission itself.
Public and consumer advocates interested in immediate disaster communication outage data
Loss of immediate transparency and localized input opportunities.
The preliminary report (6 weeks post-event) is deleted, and event-specific public field hearings are replaced by annual hearings covering all events.
Providers of broadband internet access service
Gain of explicit protection against broad interpretations of FCC authority.
A new rule of construction explicitly limits the FCC's authority over these providers to only what is specifically authorized by the Act.
Originating service providers subject to network outage reporting rules
Gain of explicit consideration for operational burden in regulatory assessments.
The FCC's investigation into improvements for network outage reporting will now explicitly consider the "burden and practicality" for these providers when evaluating the inclusion of visual information in outage notifications.
Public and stakeholders seeking detailed, company-specific outage information
Loss of access to granular, company-specific data in public reports.
The publication rules for FCC reports now explicitly exclude company-specific information and information submitted with a proper request for confidential treatment.