FCC to Revise Hurricane Katrina Backup Power Rule
The FCC plans to revise its backup power rule for cell sites after disapproval by the Office of Management and Budget (CD Dec 2 p1), the commission said in a letter late Wednesday to the U.S. Court of Appeals for the District of Columbia Circuit. The rule, part of the agency’s Hurricane Katrina order, was challenged by wireless carriers in that court. Since the FCC doesn’t plan to override the Office’s disapproval, the court should throw the case out as moot, the commission said.
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Although the Paperwork Reduction Act allows the commission “to override OMB’s disapproval of the backup power rule’s information collection,” the FCC will instead “issue a Notice of Proposed Rulemaking with the goal of adopting revised backup power rules that will ensure that reliable communications are available to public safety during, and in the aftermath, of natural disasters and other catastrophic events while at the same time attempting to address concerns that were raised regarding the prior rules,” the commission said.
Wireless industry groups that fought the rule applauded. The PCIA is pleased that the FCC committed to dealing with industry concerns about the burdens of backup power requirements, a spokeswoman said. A CTIA spokesman said, “We look forward to working with the Commission in a new proceeding.” A Sprint Nextel spokeswoman said, “We await the FCC’s new proposal on this important issue and look forward to participating in this proceeding.”