1、675 Federal Communications Commission Pt. 4 (7) Bankruptcy; or (8) Providing false or incomplete in-formation to the Commission or failure to comply with or respond to requests for information. (b) Prior to taking any of the en-forcement actions in paragraph (a) of this section, the Commission will
2、give notice of its intent to take the speci-fied action and the grounds therefor, and afford a 30-day period for a re-sponse in writing; provided that, where the public interest so requires, the Commission may temporarily suspend a certification pending completion of these procedures. Responses must
3、 be forwarded to the Accounting Authority Certification Officer. See 3.61. 3.73 Waiting period after cancella-tion. An accounting authority whose cer-tification has been cancelled must wait a minimum of three years before re-applying to be an accounting author-ity. 3.74 Ship stations affected by sus
4、pen-sion, cancellation or relinquish-ment. (a) Whenever the accounting author-ity privilege has been suspended, can-celled or relinquished, the accounting authority is responsible for imme-diately notifying all U.S. ship licensees for which it was performing settle-ments of the circumstances and in-
5、forming them of the requirement con-tained in paragraph (b) of this section. (b) Those ship stations utilizing an accounting authoritys AAIC for which the subject accounting authority cer-tification has been suspended, can-celled or relinquished, should make contractual arrangements with an-other pr
6、operly authorized accounting authority to settle its accounts. (c) The Commission will notify the ITU of all accounting authority sus-pensions, cancellations and relinquishments, and (d) The Commission will publish a Public Notice detailing all accounting authority suspensions, cancellations and rel
7、inquishments. 3.75 Licensees failure to make timely payment. Failure to remit proper and timely payment to the Commission or to an accounting authority may result in one or more of the following actions against the licensee: (a) Forfeiture or other authorized sanction. (b) The refusal by foreign cou
8、ntries to accept or refer public correspond-ence communications to or from the vessel or vessels owned, operated or li-censed by the person or entity failing to make payment. This action may be taken at the request of the Commission or independently by the foreign coun-try or coast station involved.
9、 (c) Further action to recover amounts owed utilizing any or all le-gally available debt collection proce-dures. 3.76 Licensees liability for payment. The U.S. ship station licensee bears ultimate responsibility for final pay-ment of its accounts. This responsi-bility cannot be superseded by the con
10、-tractual agreement between the ship station licensee and the accounting au-thority. In the event that an account-ing authority does not remit proper and timely payments on behalf of the ship station licensee: (a) The ship station licensee will make arrangements for another ac-counting authority to
11、perform future settlements, and (b) The ship station licensee will set-tle any outstanding accounts due to foreign entities. (c) The Commission will, upon re-quest, take all possible steps, within the limits of applicable national law, to ensure settlement of the accounts of the ship station license
12、e. As cir-cumstances warrant, this may include issuing warnings to ship station licens-ees when it becomes apparent that an accounting authority is failing to set-tle accounts. See also 3.70 through 3.74. PART 4DISRUPTIONS TO COMMUNICATIONS GENERAL Sec. VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200
13、PO 00000 Frm 00685 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-676 47 CFR Ch. I (10110 Edition) 4.1 4.1 Scope, basis and purpose. 4.2 Availability of reports filed under
14、this part. REPORTING REQUIREMENTS FOR DISRUPTIONS TO COMMUNICATIONS 4.3 Communications providers covered by the requirements of this part. 4.5 Definitions of outage, special offices and facilities, and 911 special facilities. 4.7 Definitions of metrics used to determine the general outage-reporting
15、threshold criteria. 4.9 Outage reporting requirementsthresh-old criteria. 4.11 Notification and initial and final com-munications outage reports that must be filed by communications providers. 4.13 Reports by the National Communica-tions System (NCS) and by special offices and facilities, and relate
16、d responsibil-ities of communications providers. AUTHORITY: 47 U.S.C. 151, 154(i), 154(j), 154(o), 218, 219, 230, 256, 301, 302(a), 303(f), 303(g), 303(j), 303(r), 403, 621(b)(3), and 621(d), unless otherwise noted. SOURCE: 69 FR 70338, Dec. 3, 2004, unless otherwise noted. GENERAL 4.1 Scope, basis
17、and purpose. In this part, the Federal Communica-tions Commission is setting forth re-quirements pertinent to the reporting of disruptions to communications and to the reliability and security of com-munications infrastructures. 4.2 Availability of reports filed under this part. Reports filed under
18、this part will be presumed to be confidential. Public ac-cess to reports filed under this part may be sought only pursuant to the procedures set forth in 47 CFR 0.461. Notice of any requests for inspection of outage reports will be provided pursu-ant to 47 CFR 0.461(d)(3). REPORTING REQUIREMENTS FOR
19、 DISRUPTIONS TO COMMUNICATIONS 4.3 Communications providers cov-ered by the requirements of this part. (a) Cable communications providers are cable service providers that also pro-vide circuit-switched telephony. Also included are affiliated and non-affili-ated entities that maintain or provide comm
20、unications networks or services used by the provider in offering teleph-ony. (b) Communications provider is an enti-ty that provides for a fee to one or more unaffiliated entities, by radio, wire, cable, satellite, and/or lightguide: two-way voice and/or data communica-tions, paging service, and/or
21、SS7 com-munications. (c) IXC or LEC tandem facilities refer to tandem switches (or their equiva-lents) and interoffice facilities used in the provision of interexchange or local exchange communications. (d) Satellite communications providers use space stations as a means of pro-viding the public wit
22、h communica-tions, such as telephony and paging. Also included are affiliated and non-af-filiated entities that maintain or pro-vide communications networks or serv-ices used by the provider in offering such communications. Satellite oper-ators refer to entities that operate space stations but do no
23、t necessarily provide communications services di-rectly to end users. (e) Signaling System 7 (SS7) is a sig-naling system used to control tele-communications networks. It is fre-quently used to set up, process, con-trol, and terminate circuit-switched telecommunications, including but not limited to
24、 domestic and international telephone calls (irrespective of whether the call is wholly or in part wireless, wireline, local, long distance, or is car-ried over cable or satellite infrastruc-ture), SMS text messaging services, 8XX number type services, local num-ber portability, VoIP signaling gate-
25、way services, 555 number type services, and most paging services. For purposes of this rule part, SS7 refers to both the SS7 protocol and the packet networks through which signaling information is transported and switched or routed. It includes future modifications to the existing SS7 architecture t
26、hat will pro-vide the functional equivalency of the SS7 services and network elements that exist as of August 4, 2004. SS7 communications providers are subject to the provisions of this part 4 regard-less of whether or not they provide service directly to end users. Also sub-ject to part 4 of the Co
27、mmissions rules VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00686 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-677 Federal Communications Commission 4.5 are
28、 affiliated and non-affiliated enti-ties that maintain or provide commu-nications networks or services used by the SS7 provider in offering SS7 com-munications. (f) Wireless service providers include Commercial Mobile Radio Service com-munications providers that use cellular architecture and CMRS pa
29、ging pro-viders. In particular, they include Cel-lular Radio Telephone Service (part 22 of the Commissions Rules) providers; Personal Communications Service (PCS) (part 24) providers; those Special Mobile Radio Service (part 90) pro-viders that meet the definition of covered CMRS providers pursuant
30、to 20.18(a), 52.21, and 52.31 of the Com-missions rules, those private paging (part 90) providers that are treated as CMRS providers (see 20.9 of this chap-ter); and narrowband PCS providers (part 24) of this chapter. Also included are affiliated and non-affiliated enti-ties that maintain or provide
31、 commu-nications networks or services used by the provider in offering such commu-nications. (g) Wireline communications providers offer terrestrial communications through direct connectivity, predomi-nantly by wire, coaxial cable, or opti-cal fiber, between the serving central office (as defined in
32、 the appendix to part 36 of this chapter) and end user lo-cation(s). Also included are affiliated and non-affiliated entities that main-tain or provide communications net-works or services used by the provider in offering such communications. (h) Exclusion of equipment manufactur-ers or vendors. Exc
33、luded from the re-quirements of this part 4 are those equipment manufacturers or vendors that do not maintain or provide com-munications networks or services used by communications providers in offer-ing communications. 4.5 Definitions of outage, special of-fices and facilities, and 911 special faci
34、lities. (a) Outage is defined as a significant degradation in the ability of an end user to establish and maintain a chan-nel of communications as a result of failure or degradation in the perform-ance of a communications providers network. (b) Special offices and facilities are de-fined as major mi
35、litary installations, key government facilities, nuclear power plants, and those airports that are listed as current primary (PR), commercial service (CM), and reliever (RL) airports in the FAAs National Plan of Integrated Airports Systems (NPIAS) (as issued at least one cal-endar year prior to the
36、outage). The member agencies of the National Com-munications System (NCS) will deter-mine which of their locations are major military installations and key government facilities. 911 spe-cial facilities are addressed separately in paragraph (e) of this section. (c) All outages that potentially affec
37、t communications for at least 30 minutes with any airport that qualifies as a special office and facility pursuant to the preceding paragraph shall be re-ported in accordance with the provi-sions of 4.11 and 4.13. (d) A mission-affecting outage is de-fined as an outage that is deemed crit-ical to na
38、tional security/emergency preparedness (NS/EP) operations of the affected facility by the National Com-munications System member agency operating the affected facility. (e) An outage that potentially affects a 911 special facility occurs whenever: (1) There is a loss of communications to PSAP(s) pot
39、entially affecting at least 900,000 user-minutes and: The fail-ure is neither at the PSAP(s) nor on the premises of the PSAP(s); no re-route for all end users was available; and the outage lasts 30 minutes or more; or (2) There is a loss of 911 call proc-essing capabilities in one or more E911 tande
40、ms/selective routers for at least 30 minutes duration; or (3) One or more end-office or MSC switches or host/remote clusters is iso-lated from 911 service for at least 30 minutes and potentially affects at least 900,000 user-minutes; or (4) There is a loss of ANI/ALI (associ-ated name and location i
41、nformation) and/or a failure of location determina-tion equipment, including Phase II equipment, for at least 30 minutes and potentially affecting at least 900,000 user-minutes (provided that the ANI/ ALI or location determination equip-ment was then currently deployed and VerDate Mar2010 09:35 Dec
42、08, 2010 Jkt 220200 PO 00000 Frm 00687 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-678 47 CFR Ch. I (10110 Edition) 4.7 in use, and the failure is neither at the PSAP(s)
43、or on the premises of the PSAP(s). 4.7 Definitions of metrics used to de-termine the general outage-report-ing threshold criteria. (a) Administrative numbers are defined as the telephone numbers used by com-munications providers to perform in-ternal administrative or operational functions necessary
44、to maintain rea-sonable quality of service standards. (b) Assigned numbers are defined as the telephone numbers working in the Public Switched Telephone Network under an agreement such as a contract or tariff at the request of specific end users or customers for their use. This excludes numbers that
45、 are not yet working but have a service order pend-ing. (c) Assigned telephone number minutes are defined as the mathematical result of multiplying the duration of an out-age, expressed in minutes, by the sum of the number of assigned numbers (de-fined in paragraph (b) of this section) potentially a
46、ffected by the outage and the number of administrative numbers (defined in paragraph (a) of this sec-tion) potentially affected by the out-age. Assigned telephone number min-utes can alternatively be calculated as the mathematical result of multi-plying the duration of an outage, ex-pressed in minut
47、es, by the number of working telephone numbers potentially affected by the outage, where working telephone numbers are defined as the telephone numbers, including DID numbers, working immediately prior to the outage. (d) DS3 minutes are defined as the mathematical result of multiplying the duration
48、of an outage, expressed in minutes, by the number of previously operating DS3 circuits that were af-fected by the outage. (e) User minutes are defined as: (1) Assigned telephone number min-utes (as defined in paragraph (c) of this section), for telephony and for those paging networks in which each i
49、ndi-vidual user is assigned a telephone number; (2) The mathematical result of multi-plying the duration of an outage, ex-pressed in minutes, by the number of end users potentially affected by the outage, for all other forms of commu-nications. (f) Working telephone numbers are de-fined to be the sum of all telephone numbers that can originate, or termi-nate telecommunications. This in-cludes, for example, all working tele-pho
