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Slamming Fine

988 NPRM, Launch Spectrum Order, 911 Outage NPRM OK'd 4-0

Noting the high use of texting by populations particularly at risk to suicide, such as kids and minorities, the four FCC members on Thursday approved a Further NPRM on a mandate that carriers provide capabilities to text the 988 National Suicide Prevention Lifeline (see 2103310030). Also getting unanimous approvals at the commissioners' meeting were an order allocating spectrum for commercial space launches and an NPRM on setting a framework for informing 911 centers of network outages affecting them, as well as an NPRM on wireless mics in the TV and other bands and an order ending the 800 MHz rebranding process (see 2104220056). Commissioners also OK'd a $4.1 million slamming fine.

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Acting Chairwoman Jessica Rosenworcel said her predecessor, Ajit Pai, "deserves real kudos for making this a priority and ensuring that the 988 hotline will be available to all next year. Now let’s go one step further." She singled out the Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration and the Department of Veterans Affairs: "We can’t get to text to 988 without you, and I pledge that we will work with you every step of the way." Pai tweeted he's "grateful ... for the kind mention."

Asked about carriers universally meeting the July 2022 deadline for supporting 988 dialing, Rosenworcel told reporters she "remain[s] hopeful" and cited several large wireless providers routing 988 calls to Lifeline well ahead of the deadline: "I think we're good to go." Though last year's 988 order (see 2007160030) had the FCC deferring on questions of requiring that carriers enable texting to 988, Wireline Bureau Associate Chief Dan Kahn said Lifeline soft-launched a texting service in the interim and is responding to texts sent to 800-273-8255.

AT&T said it's "committed to making this vital support available to our customers by voice dialing and text messaging." CTIA also voiced support.

The launch spectrum allocation order will replace having to go through the Office of Engineering and Technology's special temporary authority Part 5 experimental license procedure, which is "a bit burdensome when it comes to coordination and certainty," said acting Chief Ron Repasi. Commissioner Nathan Simington, echoing concerns raised by launchers (see 2104150027), said the FCC needs to ensure the STA process "remains steadfast." Commissioner Geoffrey Starks took credit for a change to the draft that reflects spectrum used for non-rocket-based launches and that seeks comment on other spectrum needs of the commercial space sector, such as possible spectrum needs of commercial spaceports and post-launch operations.

The draft got pushback from launch companies (see 2104160051). None raised issues of potential harm, Commercial Spaceflight Federation Senior Policy Adviser Jim Muncy told us. He said the spectrum allocation idea has been sitting before the FCC for years, and the growing pace of launches points to a potential "paperwork snowstorm" for STA applications "and stepping on one another."

Some questions were added to the 911 outage reporting draft NPRM, Public Safety Bureau Lisa Fowlkes told reporters. "The notice is focusing on trying to have some consistency between 911 service providers … to the 911 call centers."

The NPRM standardizes the kind of information that public safety answering points receive and harmonizes rules for notifying customers of a 911 outage. Potentially affected 911 facilities would have to be notified by phone and electronic means within 30 minutes after an outage is discovered. Service providers would have to notify customers within 60 minutes of discovering an outage. "Speeding notifications to PSAPs and to impacted customers during a 911 outage can change the outcome of an emergency," Starks said. A reliable public safety communications system is "one of our paramount duties at the FCC," Commissioner Brendan Carr said, and the agency should "continue to bring a broad lens to this proceeding."

911 outages have become "far too common" in recent years, Rosenworcel said. "We continue FCC efforts to update public safety protocols for the COVID-19 era by improving our ability to learn about 911 outages, identify their causes and hold parties accountable," she said: "We propose updates to our rules so we no longer have different reporting requirements for different providers of 911 services."

"It is essential that 911 centers are made aware of outages as quickly as possible to mitigate downtime and implement contingency plans to ensure that no call for help ever goes unanswered," emailed Dan Henry, National Emergency Number Association director-government affairs. It's "a welcome upgrade," said Public Knowledge Senior Vice President Harold Feld.

Meeting Notebook

The FCC should still be able to hold a 2.5 GHz auction this year, after the 3.45 GHz auction in October, Carr told reporters. Commissioners approved 4-0 a notice proposing bidding rules in January (see 2101130067). Rosenworcel told reporters a decision on the auction will come after the FCC receives comments in May. Comments are due May 3, replies May 17. “We’ve got the ability to get this done this year,” Carr said. “It’s April now … so we certainly have time.” Carr said he hopes the FCC won’t reverse wireless infrastructure reforms approved during the last administration, often over dissents from Democrats. “The policies that we put in place are absolutely working,” he said. “If your infrastructure plan does not involve additional streamlining … that’s a mistake.” Rosenworcel said it's her hope that "we’re going find a way forward to increase deployment and increase efforts to work with state and local officials who want to see this infrastructure built out."


The FCC fined Tele Circuit for switching consumers from their preferred carrier without permission and adding unauthorized charges on consumers' bills. The actions "harmed elderly and infirm consumers" who were without a provider for "extended periods of time while the company refused to reinstate service until its unauthorized charges were paid in full," staff said. An Enforcement Bureau investigation found the company disconnected some customers after not receiving payment for unauthorized charges. This was "an especially ugly scam," Rosenworcel said. Tele Circuit didn't comment.


Carr said he's able to have frequent virtual meetings with Rosenworcel. “It’s going really well right now,” he said, responding to our question while speaking with journalists. “The chair and I are meeting regularly, talking regularly, have open lines of communications,” he said. “There’s a lot of discussion” and "a lot of open channels of communication and being aware of where people are.”