Sec.  12.2   Backup power.

   (a)  Except  to  the extent set forth in 12.2(b) and 12.2(c)(4) of the
   Commission's rules, local exchange carriers, including incumbent local
   exchange carriers and competitive local exchange carriers (collectively,
   LECs), and commercial mobile radio service (CMRS) providers, as defined in
    Sec. 20.9 of this chapter, must have an emergency backup power source ( e.g. ,
   batteries, generators, fuel cells) for all assets necessary to maintain
   communications  that are normally powered from local commercial power,
   including those assets located inside central offices, cell sites, remote
   switches and digital loop carrier system remote terminals. LECs and CMRS
   providers must maintain emergency backup power for a minimum of twenty-four
   hours for assets that are normally powered from local commercial power and
   located inside central offices, and eight hours for assets that are normally
   powered from local commercial power and at other locations, including cell
   sites, remote switches and digital loop carrier system remote terminals.
   Power sources satisfy this requirement if they were originally designed to
   provide the minimum backup power capacity level required herein and the
   provider has implemented reasonable methods and procedures to ensure that
   the power sources are regularly checked and replaced when they deteriorate.
   LECs  that  meet  the  definition of a Class B company as set forth in
    Sec. 32.11(b)(2) of this chapter and non-nationwide CMRS providers with no more
   than 500,000 subscribers are exempt from this rule.

   (b) LECs and CMRS providers are not required to comply with paragraph (a) of
   this section for assets as described in paragraph (a) of this section where
   the LEC or CMRS provider demonstrates, through the reporting requirement as
   described  in  paragraph  (c) of this section, that such compliance is
   precluded by:

   (1) Federal, state, tribal or local law;

   (2) Risk to safety of life or health; or

   (3) Private legal obligation or agreement.

   (c) Within six months of the effective date of this requirement, LECs and
   CMRS providers subject to this section must file reports with the Chief of
   the Public Safety & Homeland Security Bureau.

   (1) Each report must list the following:

   (i) Each asset that was designed to comply with the applicable backup power
   requirement as defined in paragraph (a) of this section;

   (ii) Each asset where compliance with paragraph (a) of this section is
   precluded due to risk to safety of life or health;

   (iii) Each asset where compliance with paragraph (a) of this section is
   precluded by a private legal obligation or agreement;

   (iv) Each asset where compliance with paragraph (a) of this section is
   precluded by Federal, state, tribal or local law; and

   (v) Each asset that was designed with less than the emergency backup power
   capacity  specified  in  paragraph (a) of this section and that is not
   precluded from compliance under paragraph (b) of this section.

   (2) Reports listing assets falling within the categories identified in
   paragraphs  (c)(1)(ii)  through  (iv)  of  this section must include a
   description of facts supporting the basis of the LEC's or CMRS provider's
   claim of preclusion from compliance. For example, claims that a LEC or CMRS
   provider cannot comply with this section due to a legal constraint must
   include the citation(s) to the relevant law(s) and, in order to demonstrate
   that it is precluded from compliance, the provider must show that the legal
   constraint prohibits the provider from compliance. Claims that a LEC or CMRS
   provider cannot comply with this section with respect to a particular asset
   due to a private legal obligation or agreement must include a description of
   the relevant terms of the obligation or agreement and the dates on which the
   relevant terms of the agreement became effective and are set to expire.
   Claims that a LEC or CMRS provider cannot comply with this section with
   respect to a particular asset due to risk to safety of life or health must
   include a description of the safety of life or health risk and facts that
   demonstrate a substantial risk of harm.

   (3) For purposes of complying with the reporting requirements set forth in
   paragraphs (c)(1)(i) through (v) of this section, in cases where more than
   one asset necessary to maintain communications that are normally powered
   from local commercial power are located at a single site ( i.e. , within one
   central office), the reporting entity may identify all of such assets by the
   name of the site.

   (4) In cases where a LEC or CMRS provider identifies assets pursuant to
   paragraph (c)(1)(v) of this section, such LEC or CMRS provider must comply
   with the backup power requirement in paragraph (a) of this section or,
   within  12  months from the effective date of this rule, file with the
   Commission a certified emergency backup power compliance plan. That plan
   must certify that and describe how the LEC or CMRS provider will provide
   emergency  backup  power  to  100  percent  of the area covered by any
   non-compliant asset in the event of a commercial power failure. For purposes
   of the plan, a provider may rely on on-site and/or portable backup power
   sources or other sources, as appropriate, sufficient for service coverage as
   follows: a minimum of 24 hours of service for assets inside central offices
   and eight hours for other assets, including cell sites, remote switches, and
   digital loop carrier system remote terminals. The emergency backup power
   compliance plans submitted are subject to Commission review.

   (5) Reports submitted pursuant to this paragraph must be supported by an
   affidavit or declaration under penalty of perjury and signed and dated by a
   duly authorized representative of the LEC or CMRS provider with personal
   knowledge of the facts contained therein.

   (6) Information filed with the Commission pursuant to paragraph (c) of this
   section shall be automatically afforded confidentiality in accordance with
   the Commission's rules.

   (7) LECs that meet the definition of a Class B company as set forth in
    Sec. 32.11(b)(2) of this chapter and non-nationwide CMRS providers with no more
   than 500,000 subscribers are exempt from this reporting requirement.

   [ 72 FR 57887 , Oct. 11, 2007]

   Effective Date Note:   At  72 FR 57887 , Oct. 11, 2007,  Sec. 12.2 was revised.
   This section contains information collection and recordkeeping requirements
   and will not become effective until approval has been given by the Office of
   Management and Budget.