Lumen Says Some Colo. PUC 911 Outage Investigations Should Be Optional

Lumen disagreed with a local 911 authority on whether the Colorado Public Utilities Commission should be required to investigate all “apparent” outages of basic emergency services (BES). Separately, the Colorado PUC opened a rulemaking on incarcerated people’s communications services (IPCS). Current state rules on 911 outages say that PUC staff “shall commence an informal investigation regarding each apparent basic emergency service outage meeting criteria established by the 9-1-1 Advisory Task Force.” The PUC should change “shall” to “may,” Lumen commented Wednesday in docket 23R-0577T. Making it optional wouldn’t reduce the commission’s oversight authority, the carrier argued. “It would simply allow the Commission the discretion to initiate an investigation.” Use of the word “apparent” in the current rule “sweeps within its scope occurrences that are not in fact BES outages yet grants the Commission no discretion,” said Lumen: That’s inefficient at best, the company said, stressing it’s not saying the commission shouldn’t investigate BES outages but instead is saying a probe might not always be warranted. “For example, a fiber cut by a third party that results in an interruption of BES services should not always require an investigation.” However, the Boulder Regional Emergency Telephone Service Authority argued that the commission “would be delinquent if it did not require investigation of apparent outages of [BES] to identify means of avoiding future outages and better mitigating or more expeditiously remediating future outages which do occur.” Also, the Boulder authority noted that “apparent outages subject to investigation are only those meeting criteria of the 9-1-1 Advisory Task Force,” which considers factors such as when an outage affects multiple public safety answering points, lasts more than four hours or repeats in the same area over a short period of time. Meanwhile, the Colorado PUC sought comments by May 31 and replies by June 14 on an NPRM to change to change IPCS rules in response to two recent state laws. A 2021 law included requirements for reports and testing, while a 2023 law expanded the definition of covered communications services to include video calls, email and messaging, said the Monday notice.