FCC affirmed Wireless Bureau decision that pinpointed 911 selecti...

proper line for funding between carriers and PSAPs was input to 911 selective routers that ILECs maintained. Those routers receive 911 calls from LEC central offices and send them to specific PSAP that serves area of emergency caller. Nextel, Qwest Wireless, Verizon Wireless and VoiceStream asked full Commission to reconsider bureau decision. Order, adopted May 14 but not released until Thurs., said said drawing line for E911 cost allocations would speed “rollout of wireless E911 services by helping to eliminate a major source of disagreement between the parties so as to facilitate the negotiation process.” Bureau decision responded to inquiry from King County whether carrier or PSAP had responsibility for funding E911 Phase 1 network and database components and interface of those elements with existing E911 system. Bureau stressed it favored negotiation between parties as best way to resolve cost-allocation disputes. In petition for reconsideration, carriers argued better demarcation point was wireless carrier’s mobile switching center. They said bureau decision deviated from cost allocation for wireline E911 and discriminated against wireless carriers. Carriers said original decision constituted new bureau-created policy at odds with existing orders and exceeded bureau’s delegated authority. Decision by full FCC rejected carrier arguments that demarcation point went against existing regulatory language but said majority couldn’t be reached on delegated authority question, meaning issue was moot because FCC addressed merits of petitioners’ claims. FCC Comr. Copps said in separate statement he agreed with underlying bureau decision: “However, I believe that the bureau acted in violation of our delegated authority rules. Because the Commission was not able to reach majority on whether the bureau violated our delegated authority rules, that portion of the order was not adopted. The resulting order, which holds that the delegated-authority question is moot, but does not address whether the rule was violated, allows me to support this item.” Copps didn’t disclose which other commissioner prevented majority ruling on delegated authority question. In other areas, Commission said its E911 rules were ambiguous as to specific duties of parties in rolling out wireless E911. They didn’t pinpoint at what point in 911 network carrier must bring required data or at what point in network PSAP must be able to receive and use that data, agency said. It said bureau correctly interpreted regulatory provisions in light of existing network configurations. Analysis of Phase 1 information to ascertain which PSAP should respond to call was “central to a wireless carrier’s obligation to ‘provide’ emergency wireless E911 services,” FCC said. “Because it is the 911 selective router that performs these functions, the bureau rightly determined that a wireless carrier must deliver the Phase 1 data to the 911 selective router” to meet regulatory obligations, it said. Router is most appropriate cost-allocation point because “until the proper PSAP has been identified, no PSAP can ‘receive’ and ‘utilize’ the location data” under E911 rules, Commission ruled.