Goto Section: 12.1 | 12.3 | Table of Contents
FCC 12.2
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 12.2 Backup power.
(a) Except to the extent set forth in § § 12.2(b) and 12.2(c)(4) of the
Commission's rules, local exchange carriers, including incumbent local
exchange carriers and competitive local exchange carriers
(collectively, LECs), and commercial mobile radio service (CMRS)
providers, as defined in § 20.9 of this chapter, must have an emergency
backup power source ( e.g. , batteries, generators, fuel cells) for all
assets necessary to maintain communications that are normally powered
from local commercial power, including those assets located inside
central offices, cell sites, remote switches and digital loop carrier
system remote terminals. LECs and CMRS providers must maintain
emergency backup power for a minimum of twenty-four hours for assets
that are normally powered from local commercial power and located
inside central offices, and eight hours for assets that are normally
powered from local commercial power and at other locations, including
cell sites, remote switches and digital loop carrier system remote
terminals. Power sources satisfy this requirement if they were
originally designed to provide the minimum backup power capacity level
required herein and the provider has implemented reasonable methods and
procedures to ensure that the power sources are regularly checked and
replaced when they deteriorate. LECs that meet the definition of a
Class B company as set forth in § 32.11(b)(2) of this chapter and
non-nationwide CMRS providers with no more than 500,000 subscribers are
exempt from this rule.
(b) LECs and CMRS providers are not required to comply with paragraph
(a) of this section for assets as described in paragraph (a) of this
section where the LEC or CMRS provider demonstrates, through the
reporting requirement as described in paragraph (c) of this section,
that such compliance is precluded by:
(1) Federal, state, tribal or local law;
(2) Risk to safety of life or health; or
(3) Private legal obligation or agreement.
(c) Within six months of the effective date of this requirement, LECs
and CMRS providers subject to this section must file reports with the
Chief of the Public Safety & Homeland Security Bureau.
(1) Each report must list the following:
(i) Each asset that was designed to comply with the applicable backup
power requirement as defined in paragraph (a) of this section;
(ii) Each asset where compliance with paragraph (a) of this section is
precluded due to risk to safety of life or health;
(iii) Each asset where compliance with paragraph (a) of this section is
precluded by a private legal obligation or agreement;
(iv) Each asset where compliance with paragraph (a) of this section is
precluded by Federal, state, tribal or local law; and
(v) Each asset that was designed with less than the emergency backup
power capacity specified in paragraph (a) of this section and that is
not precluded from compliance under paragraph (b) of this section.
(2) Reports listing assets falling within the categories identified in
paragraphs (c)(1)(ii) through (iv) of this section must include a
description of facts supporting the basis of the LEC's or CMRS
provider's claim of preclusion from compliance. For example, claims
that a LEC or CMRS provider cannot comply with this section due to a
legal constraint must include the citation(s) to the relevant law(s)
and, in order to demonstrate that it is precluded from compliance, the
provider must show that the legal constraint prohibits the provider
from compliance. Claims that a LEC or CMRS provider cannot comply with
this section with respect to a particular asset due to a private legal
obligation or agreement must include a description of the relevant
terms of the obligation or agreement and the dates on which the
relevant terms of the agreement became effective and are set to expire.
Claims that a LEC or CMRS provider cannot comply with this section with
respect to a particular asset due to risk to safety of life or health
must include a description of the safety of life or health risk and
facts that demonstrate a substantial risk of harm.
(3) For purposes of complying with the reporting requirements set forth
in paragraphs (c)(1)(i) through (v) of this section, in cases where
more than one asset necessary to maintain communications that are
normally powered from local commercial power are located at a single
site ( i.e. , within one central office), the reporting entity may
identify all of such assets by the name of the site.
(4) In cases where a LEC or CMRS provider identifies assets pursuant to
paragraph (c)(1)(v) of this section, such LEC or CMRS provider must
comply with the backup power requirement in paragraph (a) of this
section or, within 12 months from the effective date of this rule, file
with the Commission a certified emergency backup power compliance plan.
That plan must certify that and describe how the LEC or CMRS provider
will provide emergency backup power to 100 percent of the area covered
by any non-compliant asset in the event of a commercial power failure.
For purposes of the plan, a provider may rely on on-site and/or
portable backup power sources or other sources, as appropriate,
sufficient for service coverage as follows: a minimum of 24 hours of
service for assets inside central offices and eight hours for other
assets, including cell sites, remote switches, and digital loop carrier
system remote terminals. The emergency backup power compliance plans
submitted are subject to Commission review.
(5) Reports submitted pursuant to this paragraph must be supported by
an affidavit or declaration under penalty of perjury and signed and
dated by a duly authorized representative of the LEC or CMRS provider
with personal knowledge of the facts contained therein.
(6) Information filed with the Commission pursuant to paragraph (c) of
this section shall be automatically afforded confidentiality in
accordance with the Commission's rules.
(7) LECs that meet the definition of a Class B company as set forth in
§ 32.11(b)(2) of this chapter and non-nationwide CMRS providers with no
more than 500,000 subscribers are exempt from this reporting
requirement.
[ 72 FR 57887 , Oct. 11, 2007]
Effective Date Note: At 72 FR 57887 , Oct. 11, 2007, § 12.2 was
revised. This section contains information collection and recordkeeping
requirements and will not become effective until approval has been
given by the Office of Management and Budget.
Goto Section: 12.1 | 12.3
Goto Year: 2010 |
2012
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