Telecom Disaster Rules Adopted by Calif., Mulled in NY

California commissioners voted 4-0 for its resiliency proposal, revised earlier this week to allow up to 18 months to provide backup power at some facilities and eight months for more critical facilities (see 2102090078). Wireline regulations follow July wireless resiliency rules 2007160065). The commission unanimously adopted, as part of its consent agenda, a T-Mobile citation program to ensure the company complies with Sprint acquisition conditions (see 2012140042).

CPUC President Marybel Batjer took parties’ views “into deep consideration,” she said at the virtual meeting. “Ultimately we decided that public safety is our topmost concern.” Many who rely on wireline live in rural areas with poor wireless, and they're “often the most vulnerable community during emergency,” said Commissioner Cliff Rechtschaffen.

New York DPS staff recommends requiring telephone and cable companies to file and annually update more extensive emergency contingency plans, more like what’s required of electric utilities, said Telecom Chief-Network Reliability Michael Rowley at the New York PSC’s virtual meeting. Rowley presented a Hurricane Isaias report in docket 21-M-0042. Under the staff proposal, companies would have to do annual drills and testing, develop emergency response procedures and training, and explain how they will coordinate with state and local governments and better communicate with customers during storms. Staff recommended billing credits to customers facing outages. Proposed changes will hold companies more accountable and improve communications, Rowley said.

DPS is holding confidential settlement talks with Altice and Frontier, which face notices of apparent violation for their Isaias response, said Investigations and Enforcement Director Joseph Suich.

Frontier failed to keep a critical central office operating during Isaias; the outage that affected 911 in Orange County was caused by an “avoidable” equipment failure, said Rowley. The telco says it acted to remediate problems that led to the outage, he said. The department is reviewing Altice’s plans to resolve an August notice of apparent liability, said Rowley. That NAL found apparent failures, including not following its emergency plan on generator deployment and communications protocols (see 2008200038). Staff found no violations by Comcast, Verizon or Charter Communications, he said.

PSC Chair John Rhodes looked forward to getting public input on the recommendations. It “underscores the need for improved pre-storm planning and quicker restoration of service,” said Commissioner James Alesi. “Improved communication is key to avoiding the failures we have seen.” Commissioner Diane Burman sought more detail, saying she thought companies already were reporting and coordinating.

Noting states’ “very limited oversight” of data services, Commissioner John Howard urged federal policymakers to give states more authority. Until internet service is treated as a utility, “we will be continuing to do the best we can under the circumstances, but not the best that can be done.”

"Frontier is cooperating" with DPS staff, "has already taken steps to improve backup power and network resiliency at the Middletown office, and looks forward to the constructive resolution of this matter through the discussions noted by Staff," a spokesperson emailed. "Frontier’s Middletown facility lost commercial power, continued on backup for several hours before the overnight outage occurred. All services were restored by the next morning."

The PSC also might add two commissioners. It voted 4-1 to recommend that Gov. Andrew Cuomo (D) expand the body to seven. Rhodes, departing because his term expired Feb. 1, said he supported the measure due to increasing workload. Adding members will let commissioners collaborate more and increase the agency’s speed, said Commissioner Tracey Edwards. The commission should add more members and reconsider staff levels, said Howard: “Sometimes you get less with less.”

More commissioners “doesn’t necessarily make it easier or better,” said Burman, voting no. Saying she only heard about the idea Wednesday, Burman raised many concerns, including it’s inappropriate for Rhodes to weigh in because he will soon depart the agency. Wait until he’s replaced and study staffing levels and commission processes in the meantime, she said. “What’s the rush?” The commission once had seven members, she noted.

Commissioners can vote even if terms have expired, until they leave or are replaced, emailed a PSC spokesperson. “Additional commissioners will provide more experience and increased perspective on the wide range of cases before the PSC from confronting climate change to expanding the role we play in the telecommunications sector.”