The Federal Communications Commission’s residential 24 hour backup power requirement becomes effective February 13, 2019. The rule requires providers of facilities-based, fixed residential voice services that are not line powered to offer subscribers, at the point of sale, the option to purchase a backup power solution that provides consumers with at least 24 hours of standby power during a commercial power outage.[1]

The backup power rule applies to facilities-based, fixed residential voice service that is not line powered – interconnected VoIP and fixed applications of wireless service offered as a plain old telephone service (POTS) replacement. The backup power option offered for purchase must be able to power all provider-furnished equipment and devices installed and operated on the customer premises (i.e., equipment that needs a power source to reach 911).[2] The FCC’s rules do not require the use of a specific technical solution or combination of solutions.

Providers of covered services are not required to retrofit currently-deployed equipment to accommodate the amount of backup power specified in the rules for new installations. The backup power requirements, passed in August 2015 and set out in Section 12.5 of the FCC’s rules, are intended to ensure that consumers are able to access 911 emergency services during commercial power outages.[3]

When providers of covered services notify subscribers of the availability of backup power options, at a minimum they must include certain information specified by the FCC.[4] Specifically, providers must disclose to subscribers the following information:

(1) availability of backup power sources;

(2) service limitations with and without backup power during a power outage;

(3) purchase and replacement options;

(4) expected backup power duration;

(5) proper usage and storage conditions for the backup power source;

(6) subscriber backup power self-testing and monitoring instructions; and

(7) backup power warranty details, if any.

Providers cannot meet these requirements by posting the information online for subscribers. However, the FCC has stated that “providers may convey both the initial and annual disclosures and information...by any means reasonably calculated to reach the individual subscriber.”[5] This could include disclosures via email, an online billing statement, other digital or electronic means for subscribers that communicate with the provider through these means, or for subscribers that do not communicate with the provider through email or online billing statements, an insert in a bill sent using regular mail.

The FCC has released a “model backup power disclosure notice” for modification and use by covered providers as appropriate, which can be found in the small entity compliance guide for ensuring continuity of 911 communications.

[1] 47 C.F.R. § 12.5(b)(2). Providers of facilities-based, fixed residential voice service that is not line powered are currently required to offer subscribers, at the point of sale, the option to purchase a backup solution that provides consumers with at least eight hours of standby power during a commercial power outage. 47 C.F.R. § 12.5(b)(1).

[2] 47 C.F.R. § 12.5(c).

[3] Ensuring Continuity of 911 Communications, PS Docket No. 14-174, Report and Order, FCC 15-98 (rel. Aug. 7, 2015) (Backup Power Order). 

[4] 47 C.F.R. § 12.5(d). Carriers must provide all subscribers, existing and new, with the annual disclosures required by Section 12.5(d).

[5] Backup Power Order at ¶ 74.