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COM/TAS/avs Date of Issuance 9/8/2008

Decision 08-09-014 September 4, 2008

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Rulemaking on the Commission's Own Motion into Reliability Standards for Telecommunications Emergency Backup Power Systems and Emergency Notification Systems Pursuant to Assembly Bill 2393.

Rulemaking 07-04-015

(Filed April 12, 2007)

DECISION ADDRESSING STANDARDS FOR TELECOMMUNICATIONS BACKUP POWER SYSTEMS AND EMERGENCY NOTIFICATION SYSTEMS PURSUANT TO ASSEMBLY BILL 2393

TABLE OF CONTENTS

Title Page

DECISION ADDRESSING STANDARDS FOR TELECOMMUNICATIONS BACKUP POWER SYSTEMS AND EMERGENCY NOTIFICATION SYSTEMS PURSUANT TO ASSEMBLY BILL 2393 22

Title Page

Findings of Fact 4545

Conclusions of Law 4646

ORDER 4747

ATTACHMENT A - Final Analysis Report

DECISION ADDRESSING STANDARDS FOR TELECOMMUNICATIONS BACKUP POWER SYSTEMS AND EMERGENCY NOTIFICATION SYSTEMS PURSUANT TO ASSEMBLY BILL 2393

1. Summary

This decision concludes the first phase of a proceeding that has examined several topics involving backup power supply for telecommunications systems and notification to the public of emergencies using those systems. This proceeding was initiated at the direction of legislation enacted in response to Hurricane Katrina and other disasters. Recent events, including the April 16, 2007 shootings at the Virginia Polytechnic Institute and State University and the October 2007 Southern California firestorms have highlighted the importance of public safety communications in both localized and widespread emergency events.

Accordingly, we provide a report to the Legislature that analyzes topics of emergency backup power and notification systems and provides recommendations to enhance the reliability of our telecommunications network and its ability to notify the public in case of emergencies.

Assembly Bill (AB) 2393, signed into law on September 29, 2006, added Sections 776, 2872.5 and 2892.1 to the Public Utilities Code.1 Sections 776 and 2892.1 address backup power systems while Section 2872.5 addresses emergency notification systems.

Section 776 requires the Commission to consider the need for performance reliability standards for backup power systems installed on a residential or small commercial customer's premises by a facilities-based telecommunications service provider, and to develop and implement them if the benefits of the standards exceed the costs.

From a public safety perspective, it is necessary that customers have the ability to make necessary phone calls and to receive emergency notifications for a reasonable period of time during extended power outages. We direct staff in the second phase to design and develop a consumer education and outreach plan with a goal of informing customers about backup power considerations for various telecommunications services on their premises. The question for the third phase is whether rules for battery power at customer premises are also necessary. If rules are necessary, they should be designed to achieve this goal at the lowest reasonable cost without hindering the evolution of telecommunications technology. This proceeding remains open for further consideration of these issues and whether rules for informing customers regarding backup power are necessary. Before establishing any such standards, the Commission will determine that the benefits exceed the costs, as required by the statute, and that the implementation of such standards by service providers is reasonable and feasible.

Section 2892.1 requires the Commission, in consultation with the Office of Emergency Services and the Department of General Services, to determine the need for backup power systems, other than those located on the customer's premises, and to determine performance criteria. The Commission is also to determine whether the Best Practices for backup power systems recommended by the Federal Communications Commission's (FCC) Network Reliability and Interoperability Council in December 2005 (Best Practices) have been implemented by service providers. In addition, the Commission is required to determine the feasibility of using zero greenhouse gas emission fuel cell systems to replace diesel generators for such backup power systems.

Since this section was signed into law, the Federal Communications Commission issued an order that requires local exchange carriers and commercial mobile radio service providers to have 24 hours of emergency backup power for central offices and eight hours for cell sites, remote switches and digital loop carrier system remote terminals.2 The order provides exemptions for smaller providers. We have no reason to believe that the federal requirement is unreasonable. However, it is not yet in effect and the order is currently on appeal. Therefore, we find that California should not separately establish backup power requirements for central offices, cell sites, remote switches and digital loop carrier system remote terminals, at this time. Instead, California should closely monitor and, where necessary, actively participate in the development of the federal requirements. When such requirements are established, California will be in a much better position to determine whether additional standards are needed.

As to Best Practices, we find there has been substantial implementation by most service providers. However, there is some room for improvement by the small local exchange carriers and we encourage their implementation of the Best Practices.

We further find fuel cell systems for backup power are far more costly than diesel backup power systems. Additionally, diesel backup power systems are not a significant cause of greenhouse gases because they are used infrequently. Thus, we do not recommend fuel cells as a preferred means of providing backup power at this time.

Section 2872.5 requires the Commission, in consultation with the Office of Emergency Services and the Department of General Services, to determine whether there should be design and operation standards for notification systems used by entities, such as police, firefighters and emergency medical personnel, that are authorized to use automatic dialing devices to notify the public in the event of local emergencies. The Commission is not to establish standards unless the benefits exceed the costs.

We find California's emergency notification systems should be compatible with systems in other states and with federal requirements when they are established. Therefore, we find that California should not separately establish standards at this time. Instead, California should closely monitor and, where necessary, actively participate in the development of the federal requirements. When such standards are established, California will be in a much better position to determine whether additional standards are needed.

Through AB 2231, the Office of Emergency Services is required to examine policies, procedures and a framework to enhance public access to emergency alerts. The Department of General Services manages 9-1-1 Emergency Communications for the State of California. We expect our Communications Division to continue the cooperation established with the Office of Emergency Services and the Department of General Services in this proceeding with respect to enhancing emergency alerting in California.

1 All section references are to the Public Utilities Code unless otherwise indicated.

2 See FCC Order 07-177. When used in connection with facilities other than those located on the customer's premises, the amount of backup power refers to power needed to continue operating the telecommunications network, including ongoing usage by customers.

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