Citing U.S. Appeals Court, D.C., decision involving biennial review of broadcast ownership rules, CTIA petitioned FCC late Mon. to eliminate “unnecessary regulations” in policy areas such as local number portability (LNP) and Enhanced 911 (E911). Earlier this year, Commission appealed to D.C. Circuit, seeking rehearing of Fox ruling that overturned FCC’s cable-TV station cross-ownership ban (CD Feb 20 p1). Decision is seen as potentially changing burden of proof FCC must use in determining whether rules should be kept or eliminated under biennial reviews. FCC Chmn. Powell has raised concerns that biennial review standard could evolve under ruling from Commission’s having to prove why it eliminates regulation to also include why rules should be kept (CD Feb 21 p1). CTIA Pres. Tom Wheeler said Tues.: “The Fox decision gave clear direction to the FCC: Prove a regulation is vital and indispensable or get rid of it.” Wheeler said CTIA wanted to “help” FCC meet new standard by “jump-starting the 2002 biennial review process.”
FCC issued report and order Mon. requiring wireless carriers to use new code to alert public safety answering point (PSAP) when 911 call is made from handset that lacks callback capability. Order targets noninitialized phones -- those not registered for service with wireless operator. Because carriers typically assign dialable number to handset after customer signs service contract, that means noninitialized phones lack number for PSAPs to call back for more information when 911 is dialed. Those phones include 911-only units and unsubscribed cellphones distributed by carrier-sponsored programs to domestic violence victims and other groups. Order requires carriers to program noninitialized phones with 123-456-7890 as “phone number” that will be used to notify PSAP that 911 call is coming from wireless phone without callback capability. Commission also: (1) Required carriers to complete network programming needed to deliver that phone number from noninitialized or 911-only phone to PSAPs. (2) Mandated that phones be labeled to provide notification of lack of callback capability. (3) Required public education programs to inform users of limits of noninitialized phones. Those steps “will alert the parties involved in a wireless 911 call of the need for quick information as to the caller’s exact location, thus increasing the likelihood that emergency services can be dispatched quickly to save lives, while imposing limited burdens on wireless carriers and manufacturers of 911-only telephones,” FCC said. In 1997, Commission issued Enhanced 911 order that required commercial wireless carriers to forward all 911 calls to PSAPs, regardless of caller’s subscription status. New order Mon. said that since then, donation programs had been created by carriers in which old cellphones were collected by groups and donated to individuals who needed them, such as elderly. Also new are 911-only phones. FCC said that when PSAP received call from noninitialized phone, incorrect number or no number might be received. It said it had no evidence of scope of 911 traffic generated by such phones. Based on lack of data and on evidence that technical solution would require significant network changes at substantial cost, FCC said it wasn’t imposing callback solution on carriers “at this stage.” On labeling requirement, it said carriers “must design a prominently displayed and clearly worded label and affix it to each donated or manufactured noninitialized handset.” Label should alert caller that phone can be used only to dial 911, that 911 operator won’t be able to call user back and that user should convey exact location of emergency quickly. FCC said that if problem on scope of callback issue were backed up with more data and “proves to be much larger than it presently appears,” particularly when E911 Phase 1 is ubiquitous, Commission will revisit issue of requiring technical solution. In separate statement, Comr. Copps said he was pleased FCC would conduct separate proceeding on issue of E911 compliance for increasing number of wireless service that subscribers could use for 911 calls but weren’t traditional cellphones. “These include ‘911-only’ phones and disposable phones,” he said. “Not only must we address the responsibilities of providers of these phones to provide public safety functionalities, but we also must address the challenges some of these services create for the public safety community. I am particularly concerned with the problem of mistaken or frivolous 911 calls that can not be identified because they originate from non-service- initialized phones.”
With deadline 2 months away for FCC action on Verizon Wireless petition for relief on local number portability (LNP), 8th floor has yet to reach final agreement on right time period for delay, according to many sources. Verizon petitioned July 26 for forbearance on requirement that commercial mobile radio service providers support wireless LNP in top 100 metropolitan statistical areas by Nov. 24. FCC must act on forbearance petition within one year of filing date or forbearance is granted automatically unless Commission votes 90-day extension for decision to be made. Agency now appears to be spread between Chmn. Powell and Comr. Abernathy backing delay of 1-2 years and Comrs. Copps who is said to support 3-month delay, if any, and Martin, who favors 6 months, several industry sources said. At least one source said vote on forbearance item, which is on circulation on 8th floor, still could come fairly quickly.
Assn. of Public Safety Communications Officials International (APCO) plans to solicit donations for Enhanced 911 Phase 2 readiness beyond $25 million contribution from Nextel. APCO created nonprofit foundation in Feb. to help public safety answering points (PSAPs) complete E911 upgrades. Foundation will accept “private, corporate and public donations on behalf of the public safety community” and distribute those funds to provide grants and technical support to PSAPs, APCO said in White Paper released Mon. “While $25 million is not nearly enough money to fund all PSAPs in the United States, it is a significant beginning and APCO is hopeful that other donations will come forward,” group said. In its original waiver request to FCC on Phase 2 E911 implementation, Nextel proposed contributing up to $25 million over 2 years to help public safety community finance upgrades. Outline of APCO plans to seek broader funding sources for new foundation came after National Emergency Number Assn. (NENA) in Feb. questioned whether Nextel donation would hamper independence of public safety groups. Grant of money directly to NENA or APCO would “call into question” independence of each group’s representation before FCC, NENA said at time. APCO said its directors would serve as board for new foundation and Foundation Advisory Committee would be created to oversee its operation. Committee will establish eligibility rules and procedures for grant program and will oversee technical support and education outreach, it said. APCO extended invitations to representatives of NENA, National Assn. of Counties, International Assn. of Chiefs of Police, International Assn. of Fire Chiefs, National League of Cities, National Governors’ Assn. and National Sheriffs’ Assn. to participate on committee. APCO said it planned to announce advisory committee membership by end of month.
ORLANDO -- One theme that emerged at CTIA Wireless 2002 here this week was need for more flexible federal spectrum policy, although govt. and industry officials pointed to new crop of questions raised by regulatory changes in that direction. “It’s an important concept and I congratulate the FCC for introducing it,” said Brian Fontes, vp-federal relations, Cingular Wireless. “However, I express a great deal of caution as you address the issue of flexibility that it doesn’t have the effect of reallocation,” he said on panel discussion. Flexible allocation issues have involved secondary markets proceeding at FCC, Spectrum Policy Task Force recently created by Commission and pending proceedings such as New ICO petition to deploy terrestrial services in mobile satellite service spectrum.
FCC’s Wireless Bureau outlined parameters of technical inquiry on issues affecting rollout of Enhanced 911 services for wireless callers. In Nov., FCC named former Office of Engineering & Technology Chief Dale Hatfield to head inquiry. Among technical and operational issues that bureau said Tues. it would examine as part of inquiry were: (1) Claims by wireless carriers that network equipment and location-capable handsets weren’t available in time to comply with FCC’s original Phase 2 deployment timelines. FCC granted waivers to 6 national wireless carriers last fall, revising deployment schedules for Phase 2 capabilities. (2) Contentions by carriers that they had difficulty obtaining necessary LEC facility upgrades for Phase 1 deployment, issue that has potential to emerge under Phase 2 roll-outs. Last fall, both public safety groups and carriers such as Sprint PCS highlighted role of LECs in closing E911 connection among wireless subscribers, carriers, databases and public safety answering points. In some cases, LEC cooperation was described as “missing link” in E911 situations. “The focus of this inquiry will be on the future of wireless E911 deployment, including any obstacles to deployment and steps that might be taken to overcome or minimize them,” FCC said. At close of Hatfield’s investigation, he will issue report of his finding that FCC plans to release for public comment. Bureau said it would use findings to evaluate potential obstacles to E911 deployment, consider methods to address these obstacles and “accelerate deployment.” Point of inquiry is to “obtain an expert, informed unbiased assessment” of such issues, FCC said. Scope of investigation will be as broad as needed with information gathered from wide array of sources, including technology and equipment vendors, carriers, public safety community, carriers. Information to be evaluated will include technology standards issues, hardware and software development and supply conditions. FCC has created docket for this inquiry (02-46), in which comments can be submitted.
Wireless carriers are backing request to FCC that seeks clarification about when public safety answering points (PSAPs) are ready to receive data under Enhanced 911 rules. Sprint PCS in Nov. filed petition for reconsideration seeking changes to documentation requirements for PSAPs that FCC had created. Cingular Wireless also has filed petition for reconsideration, challenging overall decision by Commission on PSAP readiness and citing procedural and substantive grounds. Richardson, Tex., originally asked FCC to better define what constituted valid PSAP request for E911 service. Oct. decision by FCC now under challenge had said that PSAP submitted valid E911 request: (1) If any upgrades needed on PSAP network would be completed within 6 months of request. (2) If PSAP had made “timely request” to LEC for trunking and other facilities needed for E911 data to be transmitted. Assn. of Public-Safety Communications Officials-International (APCO), National Emergency Number Assn. and National Assn. of State Nine One One Administrators told FCC in comments that they disagreed with changes Sprint sought on LEC readiness part of order. Sprint said PSAPs should be required to document that necessary LEC upgrades will be completed within 6 months of E911 data request or LECs should publish their Phase 2 database upgrade schedule. “Such a LEC publication requirement should not, however, alter the basic obligation of carriers to respond to a PSAP request, so long as the PSAP can document that a database upgrade request has been submitted to the relevant LEC.” But CTIA said it agreed with Sprint petition to ensure PSAP request for Phase 2 E911 service was granted after PSAP verifies it was ready to use information. “Requiring wireless carriers to deliver Phase 2 services when the PSAP will not be capable of utilizing the data within the 6-month implementation period is a waste of resources,” CTIA wrote. Group said “despite the best intentions of the PSAPs,” they have record of not being able to receive and use Phase 1 data even if mechanism is in place for recovering costs of system upgrades. Even in states where PSAPs have access to state funding for preparing for E911 compliance, “it is anticipated that a majority of states have or will raid funds dedicated to wireless 911 to cover budget deficits,” CTIA said. To make sure carriers have protection from spending “unnecessary resources” and that PSAPs will be ready to use E911 data, CTIA said FCC should give wireless operators more time for installation when PSAP “fails to substantiate Phase 2 readiness.” CTIA agreed with Sprint proposal that Phase 2 service only can become operational when automatic identification location database capabilities needed from LECs have been upgraded for Phase 2. Nextel also filed comments siding with Sprint, saying valid PSAP request for E911 has to demonstrate technical upgrades by wireless carrier, PSAP and LEC. “If any prong is not in place, Phase 2 E911 cannot be deployed,” Nextel wrote. VoiceStream also stressed in comments that FCC can’t assume that because PSAP has requested database upgrade from LEC, that system will be in place in 6 months.
Qualcomm warned FCC Fri. that ultra-wideband (UWB) emissions in GPS spectrum would make GPS devices “useless” for meeting Enhanced 911 accuracy requirements for wireless phones. Test results show that if UWB device is within 14.5 m of GPS phone, “half the time that the caller dials 911 the caller cannot be located within the parameters that the Commission has set” for E911, said Jonas Neihardt, head of Qualcomm Washington office. New Qualcomm test results come within weeks of target that FCC had set for bringing up UWB as item at Feb. agenda meeting. Lab tests evaluated impact of UWB emissions on GPS-enabled phones, which are being used to pinpoint caller locations within accuracy requirements set by FCC. Tests found that UWB emission in GPS spectrum “significantly raises the noise floor of the GPS sensor to the extent that it will render the GPS device useless in reporting position location information” to public safety answering point, Qualcomm said in ex parte filing. Equipment-maker urged FCC to not allow UWB devices to operate within GPS band “until suitable measures have been taken to limit sufficiently the UWB emissions within the band.” Qualcomm said it also wanted Commission to wait on UWB operation in GPS spectrum until “empirical testing conclusively proves that there will be no further system degradation once these measures have been implemented.” Qualcomm said its tests using GPS-enabled PCS handsets found that single UWB devices degraded performance by: (1) Raising effective noise floor of GPS receiver. (2) “Significantly” reducing satellite availability. (3) Negatively affecting position accuracy. Qualcomm has been raising concerns at FCC about potential for UWB devices to create interference in GPS bands, but several sources said new data were more specific about interference details. “In this study, we are able to reach a greater level of granularity,” Neihardt told us. “The goal here is to understand the impacts so that we can all work to figure out an approach to mitigate this interference,” he said: “The goal here is not to stop UWB. The goal is to understand the problems that exist.” Others raised concerns about timing of Qualcomm’s submission. “After more than 3 years of proceedings, Qualcomm is choosing to file this at the last minute,” said Time Domain Vp- Corporate Strategy Jeff Ross, who said company still was reviewing Qualcomm data later Fri. Ross cited testing by Johns Hopkins U. (JHU) Applied Research Labs and Applied Research Labs at U. of Tex. (UT), NTIA and Stanford U. “When you take into account the level proposed by the FCC, the JHU/UT report implies that noise-coded UWB signals of the power levels proposed by the FCC will not cause interference by 1 to 1.5 meters.” Ross said: “If Qualcomm has reached another conclusion, we will be interested to see the science they used to arrive at that.”
As 2002 state legislative sessions get under way, sampling of prefiled and newly-introduced legislation indicates early interest in telemarketing, spam, phone rates, and car phone safety, along with other wireless issues.
FCC adopted maximum period, 9 months from now, for carriers to transition to routing 911 calls to public safety answering points (PSAPs) in areas where one has been designated, or to existing statewide established default point or local emergency authority. FCC addressed steps it would take to encourage and support states in their efforts to develop and implement end-to-end emergency communications infrastructure and programs for improved delivery of emergency authority. Commission also clarified that VHF public coast station licensees weren’t required to use 911 dialing for accessing emergency services to extent that they were providing maritime services.