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Questions Remain

FCC to Expand Mandate for Transmitting Emergency Texts to 911 to Small Carriers, Interconnected OTT Providers

After taking a break from wireless issues at its June and July meetings, the FCC will focus on wireless at its Aug. 8 meeting, said the agenda released by the agency Friday. The marquee item is a report and order and Further NPRM on texting to 911 that expands the current text-to-911 mandate beyond AT&T, Sprint, T-Mobile and Verizon -- to cover interconnected over-the-top (OTT) texting and smaller carriers as well. The only other item on the agenda is a report and order on rules for communications antennas.

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In January, the FCC adopted in a 5-0 vote a policy statement saying every carrier and “every provider that enables a consumer to send text messages using numbers from the North American Numbering Plan should support text-to-911 capabilities.” A senior FCC official said Friday that despite this statement, carriers other than the big four have not voluntarily said they'll make their networks capable of transmitting text messages to public safety answering points. The rule would also require that interconnected OTT providers like Apple’s iMessage or Samsung’s ChatOn are able to transmit emergency texts to PSAPs.

The FCC plans to give smaller carriers and interconnected OTT providers a chance to catch up, FCC officials said Friday. The requirements kick in at year-end, and allow an extra six months for carriers and OTT text providers to meet the requests of any PSAP that decides it will start accepting emergency texts.

One FCC official said questions remain about whether the FCC has authority to impose the mandate on OTT providers.

The FNPRM is on whether texts to 911 should have to contain location information, enabling first responders to find the sender of the text, officials said. The FCC will also seek comment on possible roaming requirements and whether the rules should apply to non-interconnected OTT providers as well.

FCC Chairman Tom Wheeler, like his immediate predecessor Julius Genachowski, has made texts to 911 a top public safety priority. Wheeler said in January, “Texting is texting.” He told public safety answering points at the time: “It’s time to step up.” An FCC official said Friday that more than 100 PSAPs have started to accept emergency texts. AT&T, Sprint, T-Mobile and Verizon Wireless agreed in late 2012 to upgrade their networks so they could transmit bounce-back messages by June 30, 2013. The four major carriers agreed last year to put procedures in place by May 15 so customers could text 911 in areas where the local PSAP is prepared to receive the texts.

Wheeler said in a blog post Friday that the FCC must move forward to strengthen its text-to-911 requirements. “Other than the four major wireless carriers, no other providers of text services have offered voluntary commitments to implement text-to-911,” he said (http://fcc.us/1moFZLh). Among PSAPs, most can’t accept emergency texts, Wheeler said. “When you consider how Americans increasingly rely on text as a primary means of communication, and the approximately 7.5 million Americans with speech disabilities who are even more reliant on text, these shortcomings are unacceptable."

The FCC is committed to ensuring that the deaf and hard of hearing will have the ability to text to 911, said Brian Fontes, CEO of the National Emergency Number Association. “I think [FCC officials] have been very pleased that an agreement has been reached with the largest carriers, but nonetheless it doesn’t extend to all of the carriers,” he told us.