FCC GRANTS CONDITIONAL RELIEF ON E911 FOR 5 MOBILE CARRIERS

“I am disappointed and unsatisfied with the progress we have made thus far on Phase 2 E911 rules,” Chmn. Powell said. “I know and respect that carriers have made concerted strides in this area, but those efforts must be redoubled. It goes without saying that there is a new sense of urgency around using mobile phones as important safety devices.” Powell noted Oct. 1 marked beginning of required rollout of more specific location reporting requirements for E911 Phase 2 and that end dates for providing that capability remain unchanged. While Powell said he expected carriers, public safety agencies and manufacturers to work “tirelessly” on this end-date, he said: “It is not good enough to go for a gentleman’s ‘C.’ This test requires an ‘A+’ effort.” FCC released 5 separate orders on each national carrier’s request and 6th order that clarified criteria public safety answering points should meet at time of request for E911 Phase 2 service. Commission said Enforcement Bureau would be in charge of enforcing deployment schedules of carriers to phase in E911 capabilities. Starting Feb. 1, 2002, and ending Feb. 1, 2006, orders also impose quarterly reporting requirements to track compliance with revised schedules, including “specific, verifiable information.”

Commission said Nextel, Sprint PCS and Verizon had “met FCC requirements to provide a clear, detailed and enforceable plan” to phase in automatic location identification capabilities. For those carriers, agency said it took into account factors such as equipment availability, allowing them to change implementation schedule for some of 2001 and 2002 deployment benchmarks. E911 deployment would be completed by original deadline of 2005. VoiceStream Wireless received conditional approval of waiver for hybrid handset and network-based solution last year.

Relief granted on timing of E911 Phase 2 deployment included: (1) GSM part of AT&T Wireless network, for which carrier must make available handset-based Enhanced Observed Time Difference of Arrival Technology (E-OTD) as of Oct. 1, 2001. That must have accuracy of 100 m for 67% of calls and 300 m for 95% of calls. Within 2 years, E-OTD capable handsets that are activated must have accuracy levels of 50 m for 67% of calls and 150 m for 95% of calls. (2) Cingular must begin selling E-OTD capable handsets as of Oct. 1 by ensuring that at least one compliant handset model was available. Of new handsets activated nationwide by Dec. 31, 25% must be E-OTD capable, rising to 40% by March 31, 2002, and 65% June 30, 2002. By Sept. 30, 2002, 100% handset compliance is required. Both carriers now use TDMA technology but are planning to move toward GSM overlay, meaning they have had to craft E911 systems that take both technologies into account. Last month, AT&T Wireless changed its relief request for its TDMA network, saying it was abandoning plans for a mobile-assisted network location solution and signing agreements with TruePosition and Grayson for their network overlay system. (3) Sprint PCS had to begin selling Assisted-GPS (A-GPS)-capable handsets as of Oct. 1, with 25% of all new handsets activated nationwide carrying that technology by July 31. Sprint had announced last week that it was beginning to sell GPS-capable handsets and was first carrier to do so. Sprint’s figure rises to 100% by Dec. 31, 2002. Order includes phased-in implementation upgrades for Sprint’s CDMA network.

Nextel, which uses single vendor, Motorola, for its iDEN wireless network, was granted longer period of time to begin selling A-GPS handsets. As of Oct. 1, 2002, Nextel must begin selling and activating GPS-capable handsets and as of Dec. 31, 2002, 10% of new handsets activated nationwide must be GPS- capable. Figure rises to 50% as of Dec. 31, 2003, with 100% compliance required by Dec. 31, 2004. Verizon Wireless also was granted request to deploy A-GPS/AFLT technology for its CDMA wireless network. Carrier must begin selling GPS-ready handsets by Dec. 31, 2001, with 25% of new handsets activated nationwide being GPS-capable as of July 31, 2002. That required level rises to 50% as of March 31, 2003, and 100% by Dec. 31, 2003.

Copps dissented from Nextel and Verizon orders, saying timelines “do not give us a clear path to full compliance,” as agency pledged to do in previous E911 orders. Nextel won’t make “single compliant phone available” until Dec. 2002 and won’t reach 100% compliance until Dec. 2004, Copps said, and that is nearly 2 years behind schedules of Sprint and Cingular. He said orders also allow Verizon Wireless to sell noncompliant phones until Dec. 2003. Copps said he would have preferred stronger enforcement language as well. That would “have made it clear that carriers have the burden of proving that they have met each benchmark they have agreed to, that failure to meet a benchmark will result in enforcement action and punitive measures, and that waivers that seek changes to these benchmarks will be received with suspicion.” Copps said FCC “is only now dealing with dozens of pending waivers at the last possible moment and in a way that is not consistent with its stated waiver standard.” He expressed concern over extent to which carriers hadn’t met deadlines for handsets and E911 systems, pace at which manufacturers have made equipment available and funding for upgrades that many public safety agencies haven’t secured: “We can do better than this, we must do better than this.”

In contrast, Abernathy said she “rejected approach” of castigating FCC as not hard enough on carriers. “If I had dissented from some or all of today’s orders, I could have claimed that the Commission was not tough enough on the carriers and cast myself in the more politically beneficial role as defender of public safety,” she wrote. Abernathy said she would have preferred that manufacturers had made equipment available sooner, that PSAPs had adequate funding to upgrade facilities and that FCC “had ruled on these waivers long before today and sent clear signals to all the parties about our expectations regarding deployment and our emphasis on enforcement.” She added: “But none of these things happened and all of us are responsible.” She stressed that full deployment deadline of Dec. 31, 2005, and ultimate accuracy requirements weren’t modified. She also noted AT&T and Cingular were in talks with Enforcement Bureau staff on possible consent decrees. That process should result in plans to achieve full compliance, she said. “I trust that treating these compliance issues in the enforcement context will send a clear signal to those that might have been tempted to take these obligations lightly,” she said.

Comr. Martin also said he was “very frustrated and disappointed that Phase 2 E911 is not farther along than it is today.” He said he also would have preferred to take more immediate enforcement measures, calling failure to meet Phase 2 deadlines “shameful.” Although equipment makers have said it’s not possible to meet Oct. 1 deadline, Martin said: “Let me be clear, however, these delays must come to an end.”

In separate order, FCC dealt with petition by city of Richardson, Tex., which contended public safety answering point (PSAP) request for E911 service was valid when carrier was informed that necessary equipment upgrades service would be finalized by time of data delivery and when adequate cost recovery mechanism were in place. Wireless carriers opposed request, arguing PSAPs already must be able to receive and use E911 data as condition of “valid” request. FCC clarified that PSAP request was valid when: (1) PSAP had cost recovery mechanism in place. (2) Upgrades to PSAP network or facilities needed to enable it to receive and use E911 data would be completed no later than 6 months after request was made. (3) Timely request had been made to LEC for necessary trunking and other facilities to enable E911 data to be transmitted to PSAP.