Goto Section: 4.13 | 4.15 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 4.15 Submarine cable outage reporting.
Link to an amendment published at 86 FR 22361 , Apr. 28, 2021.
(a) Definitions. (1) For purposes of this section, “outage” is defined
as a failure or significant degradation in the performance of a
licensee's cable service regardless of whether the traffic can be
re-routed to an alternate path, where:
(i) An outage of a portion of submarine cable system between submarine
line terminal equipment (SLTE) at one end of the system and SLTE at
another end of the system occurs for 30 minutes or more; or
(ii) An outage of any fiber pair, including due to terminal equipment,
on a cable segment occurs for four hours or more, regardless of the
number of fiber pairs that comprise the total capacity of the cable
(2) An “outage” does not require reporting under this section if the
outage is caused by announced planned maintenance and the licensee
notified its customers in advance of the planned maintenance and its
expected duration, except that if the planned maintenance duration
surpasses the shortest announced duration for the planned maintenance
and this additional time triggers the requirements in paragraph (a)(1)
of this section, the outage becomes reportable as of the time the
maintenance exceeds the shortest announced duration for the planned
(b) Outage reporting. (1) For each outage that requires reporting under
this section, the licensee (or Responsible Licensee as designated by a
Consortium) shall provide the Commission with a Notification, Interim
Report, and a Final Outage Report.
(i) For a submarine cable that is jointly owned and operated by
multiple licensees, the licensees of that cable may designate a
Responsible Licensee that files outage reports under this rule on
behalf of all licensees on the affected cable.
(ii) Licensees opting to designate a Responsible Licensee must jointly
notify the Chief of the Public Safety and Homeland Security Bureau's
Cybersecurity and Communications Reliability Division of this decision
in writing. Such Notification shall include the name of the submarine
cable at issue; and contact information for all licensees on the
submarine cable at issue, including the Responsible Licensee.
(2) Notification, Interim, and Final Outage Reports shall be submitted
by a person authorized by the licensee to submit such reports to the
(i) The person submitting the Final Outage Report to the Commission
shall also be authorized by the licensee to legally bind the provider
to the truth, completeness, and accuracy of the information contained
in the report. Each Final report shall be attested by the person
submitting the report that he/she has read the report prior to
submitting it and on oath deposes and states that the information
contained therein is true, correct, and accurate to the best of his/her
knowledge and belief and that the licensee on oath deposes and states
that this information is true, complete, and accurate.
(ii) The Notification is due within 480 minutes (8 hours) of the time
of determining that an event is reportable for the first three years
from the effective date of these rules. After three years from the
effective date of the rules, Notifications shall be due within 240
minutes (4 hours). The Notification shall be submitted in good faith.
Licensees shall provide: The name of the reporting entity; the name of
the cable and a list of all licensees for that cable; the date and time
of onset of the outage, if known (for planned events as defined in
paragraph (a)(2) of this section, this is the estimated start time/date
of the repair); a brief description of the event, including root cause
if known; nearest cable landing station; best estimate of approximate
location of the event, if known (expressed in either nautical miles and
the direction from the nearest cable landing station or in latitude and
longitude coordinates); best estimate of the duration of the event, if
known; whether the event is related to planned maintenance; and a
contact name, contact email address, and contact telephone number by
which the Commission's technical staff may contact the reporting
(iii) The Interim Report is due within 24 hours of receiving the Plan
of Work. The Interim Report shall be submitted in good faith. Licensees
shall provide: The name of the reporting entity; the name of the cable;
a brief description of the event, including root cause, if known; the
date and time of onset of the outage; nearest cable landing station;
approximate location of the event (expressed in either nautical miles
and the direction from the nearest cable landing station or in latitude
and longitude); best estimate of when the cable is scheduled to be
repaired, including approximate arrival time and date of the repair
ship, if applicable; a contact name, contact email address, and contact
telephone number by which the Commission's technical staff may contact
the reporting entity.
(iv) The Final Outage Report is due seven (7) days after the repair is
completed. The Final Outage Report shall be submitted in good faith.
Licensees shall provide: The name of the reporting entity; the name of
the cable; the date and time of onset of the outage (for planned events
as defined in paragraph (a)(2) of this section, this is the start date
and time of the repair); a brief description of the event, including
the root cause if known; nearest cable landing station; approximate
location of the event (expressed either in nautical miles and the
direction from the nearest cable landing station or in latitude and
longitude coordinates); duration of the event, as defined in paragraph
(a) of this section; the restoration method; and a contact name,
contact email address, and contact telephone number by which the
Commission's technical staff may contact the reporting entity. If any
required information is unknown at the time of submission of the Final
Report but later becomes known, licensees should amend their report to
reflect this knowledge. The Final Report must also contain an
attestation as described in paragraph (b)(2)(i) of this section.
(v) The Notification, Interim Report, and Final Outage Reports are to
be submitted electronically to the Commission. “Submitted
electronically” refers to submission of the information using
Commission-approved Web-based outage report templates. If there are
technical impediments to using the Web-based system during the
Notification stage, then a written Notification to the Commission by
email to the Chief, Public Safety and Homeland Security Bureau is
permitted; such Notification shall contain the information required.
Electronic filing shall be effectuated in accordance with procedures
that are specified by the Commission by public notice. Notifications,
Interim reports, and Final Reports may be withdrawn under legitimate
circumstances, e.g., when the filing was made under the mistaken
assumption that an outage was required to be reported.
(c) Confidentiality. Reports filed under this part will be presumed to
be confidential. Public access 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 pursuant to 47 CFR 0.461(d)(3).
(d) Compliance date. This section contains new or modified
information-collection and recordkeeping requirements. Compliance with
these information-collection and recordkeeping requirements will not be
required until six months after the Commission publishes a document in
the Federal Register announcing approval by the Office of Management
and Budget and the compliance date. Following such approval, the
Commission will publish a document in the Federal Register announcing
that compliance date and removing or revising this paragraph.
[ 81 FR 52363 , Aug. 8, 2016, as amended at 85 FR 15740 , Mar. 19, 2020]
Effective Date Note: At 81 FR 52363 , Aug. 8, 2016, § 4.15 was added.
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: 4.13 | 4.15
Goto Year: 2020 |
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