FCC Wireless Bureau seeks comment on petitions for reconsideration on public safety answering point (PSAP) requests for Phase 2 enhanced 911. Sprint requested several amendments to Commission’s documentation requirements, including that PSAPs be required to use standardized interface between carrier’s mobile positioning unit and automatic identification location (ALI) database, and that PSAPs obtain LEC’s commitment to complete necessary ALI database upgrades within 6-month period. Cingular said language of Commission’s amendments contradicted previous statements allegedly indicating actual readiness prerequisite for PSAP request. Comments are due Jan. 11.
CTIA laid out for FCC Common Carrier Bureau Chief Dorothy Attwood industry’s commitment to meet Nov. 24, 2002, deadline for implementing thousands-block number pooling. But group cited several remaining challenges, including testing deadlines and vendor readiness. CTIA letter followed one that N. American Numbering Council (NANC) subcommittee on wireless number portability sent to Attwood Nov. 20 on delays in intercarrier testing schedule for wireless number portability and pooling. NANC subcommittee, which said test setbacks could hurt industry’s ability to meet deadlines, said concerns included inability of several switch and network component vendors to provide upgrades until after Oct. 2001 and possibly not until after May 2002. It said several operation support system (OSS) vendors said they wouldn’t be able to provide system upgrades until after Oct. 2001 and possibly not until after May 2002. “Many nonparticipating providers” in top 100 markets haven’t yet said they would be ready for tests, letter said.
FCC named former Office of Engineering & Technology Chief Dale Hatfield Tues. to head inquiry into technical and operational issues involving deployment of Enhanced 911 (E911). Inquiry was among steps that FCC said it would take to examine rollout of E911 when it granted waiver requests of 5 national wireless carriers and began enforcement investigations against Cingular Wireless and AT&T Wireless (CD Oct 9 p1). FCC said inquiry would look into information from technology vendors, network equipment and handset-makers and public safety officials. It said that while parameters of inquiry would be shaped in coming weeks with help of Hatfield, at outset it would focus on technology standards issues, hardware and software development and supply conditions. Separately, FCC opened comment period for petitions filed by Cingular, Nextel and Verizon Wireless seeking reconsideration of certain parts of orders on their E911 Phase 2 waiver requests. Petitions contend that Commission improperly adopted strict liability standard for future compliance.
FCC -- with warnings and caveats -- unveiled long-awaited conditional approvals of Enhanced 911 waiver requests for 5 national wireless carriers while initiating limited enforcement investigations against Cingular Wireless and AT&T Wireless. Commission approved, with certain changes, E911 Phase 2 compliance plans of Nextel, Sprint PCS, Verizon Wireless and GSM network portions of AT&T and Cingular plans. With nearly 70 waiver requests piled up in advance of Oct. 1 implementation deadline, Commission acted only on requests for relief from 5 national providers, giving small and medium-sized firms until Nov. 30 to file petitions if they hadn’t done so already. As for AT&T and Cingular, FCC said they submitted compliance plans for existing TDMA portions of their networks too late for agency to act. “Discussions have been initiated between these carriers and FCC Enforcement Bureau staff concerning possible consent decrees with the Commission to resolve this compliance issue,” Commission said. FCC said it was conducting inquiry into E911 technical issues and was creating quarterly reporting requirements. In signal of intense scrutiny that waiver requests have received, including from public safety community, each commissioner issued separate statement expressing disappointment at slow pace that E911 deployment in general has taken. FCC actions were unanimous, except for partial dissent by Comr. Copps on handset timelines imposed on Verizon and Nextel.
If FCC were to alter spectrum cap for wireless carriers, Comr. Copps told reporters at Wed. breakfast, public interest should be demonstrated and “use of their current spectrum would be a consideration.” Commission this fall is to address issue of spectrum cap for wireless carriers, which now is 45 MHz in most markets and 55 MHz in rural areas. CTIA repeatedly has urged agency to relax cap, most recently arguing that such action could serve as “interim” solution for spectrum-constrained carriers until larger 3G decision are made (CD Sept 26 p9). Copps didn’t rule out changes in those limits, but said “those who are advocating for change would have to demonstrate to me that there’s a benefit to the public interest, there is a necessity to change it.” He said: “It’s a fairly fundamental change if you're talking about lifting the cap in terms of economic power” and other considerations. Public interest implications of spectrum cap changes include availability of technology and cost effects of products available to consumers, Copps said: “I think there are competition issues, there are public safety issues.”
Several public safety and consumer groups and members of Congress are renewing calls on FCC not to grant leeway to wireless carriers on Enhanced 911 Phase 2 deadline, citing additional urgency of issue in Sept. 11 terrorist attacks. Group of 29 House members, led by Rep. Eshoo (D-Cal.), wrote to FCC Chmn. Powell Thurs., urging him to “hold firm” to deployment schedule that FCC set for E911 Phase 2. Dozens of wireless carriers have requests for waivers of Oct. 1 deadline pending at Commission, citing extent to which vendor equipment for planned solutions isn’t yet available in many cases to begin deployment 1 and suggesting alternative timelines. Consumers Union also urged Powell Thurs. not to waive E911 deadlines, or at least to “waive them for as short a period as possible.” FCC decisions on Phase 2 deadline are expected early next week.
“If there ever was a time for the FCC to get serious and lift the spectrum cap, it is now,” CTIA Pres. Tom Wheeler told reporters Tues. He responded at reporter roundtable to questions on what happens to 3rd generation wireless spectrum in light of military’s new focus on war preparation and following FCC decision to not relocate MMDS and Instructional TV Fixed Service licensees. “It has a domino effect on other decisions the Administration has to make on spectrum,” Wheeler said of MMDS decision. Order added mobile allocation to 2500-2690 MHz band and spared incumbent licensees from relocation threat posed by 3G (CD Sept 25 p1). “The Commission tried to have it both ways,” Wheeler said, referring to fact that it took spectrum off table for relocation and acknowledged that mobile applications in band weren’t feasible in short term but incumbents had option to deploy them at some point. In response to repeated questions, Wheeler said extent to which military community’s attention had shifted since Sept. 11 attacks didn’t mean that 3G talks at Administration level had ceased. How disaster would affect eventual timing of 3G issue is unclear, Wheeler said: “We have all been trying to get our sea legs.” He said, “There continues to be interest in the Administration and Congress in resolving spectrum issues.” Decision by FCC to provide spectrum cap relief “could put a patch” on spectrum capacity problems industry faces in interim, before 3G decisions were being reached. “We have always talked about a win- win solution,” he said, noting DoD is “the first win in that” and industry would be 2nd. Of Oct. 1 deadline for Enhanced 911 Phase 2, for which dozens of carriers have submitted waiver requests to FCC, Wheeler said it wasn’t possible to have one-size-fits-all approach because of wide array of strategies carriers were pursuing. “We will see the Commission and carriers enter into implementation agreements,” Wheeler said. While carriers have been seeking flexibility on deadline, he stressed: “It is the starting line, not the finish line. Everybody will have an implementation plan.” Wheeler said he wasn’t familiar with any of detailed negotiations taking place between carriers and Commission. “The Commission has held everybody’s feet to the fire,” he said. He also continued to express concern about readiness of public safety answering points (PSAPs) on receiving end of more detailed location information required by Phase 2. “It’s a nontrivial challenge,” he said. “We need statewide implementation plans,” he said, noting that effort needs to be at same pace as federal program.
In response to concerns of public safety community, AT&T Wireless (AWS) told FCC Mon. that it was revising its location technology choice for Phase 2 of Enhanced 911 on its TDMA network. Earlier this year, company had requested waiver of Phase 2 requirement to use mobile-assisted network location solution (MNLS) for its TDMA system, telling FCC that was only commercially available technology that would meet accuracy requirements. “Despite the substantial evidence AWS has submitted regarding the benefits of MNLS, the public safety community remains opposed to its use,” AT&T Wireless told FCC: “Because AWS does not believe that its efforts to provide E911 service to the public can succeed without the support of the public safety community, it is pursuing an alternative TDMA solution.” Company said it was in talks with TruePosition and Grayson Wireless on use of their network overlay technologies for its TDMA infrastructure. Carrier said it believed it could reach contract agreement with either TruePosition or Grayson by mid-Oct. Both vendors have told AT&T they could install their location solutions in TDMA markets where AT&T Wireless has valid request from public safety answering point (PSAP) for Phase 2 service. AT&T said it had 1,600 cell sites in jurisdictions with pending PSAP requests for service. Agreement with TruePosition or Grayson would require that solutions be installed in each of those cell sites, starting Nov. 1 and ending no later than Dec. 31, 2002, AT&T said. “After 2002, AWS expects to be able to deploy Phase 2 technology within six months of a valid PSAP request,” carrier said. AT&T Wireless said it sought permission from Commission to use either solution in its TDMA markets. In markets that rely on GSM, AT&T Wireless said it would use solution from TruePosition or Grayson or another that complied with FCC rules. “AWS notes that in its previous trials, both TruePosition’s and Grayson’s technologies failed to meet the Commission accuracy requirements for network-based technologies,” carrier said. “We also reiterate that the deployment of any network overlay solution is likely to be subject to the construction and zoning delays associated with the addition of any new RF equipment to a wireless network.” Commitment by Grayson and TruePosition to install solutions in TDMA markets by Dec. 31, 2002, “address these concerns,” AT&T said.
FCC Wireless Bureau seeks comment on revised wireless E911 Phase 2 waiver request filed by Cingular Wireless. In its original request July 6, carrier asked for limited waiver of Phase 2 rules to permit it to deploy hybrid network and handset E911 system. Cingular had said it would deploy Enhanced Observed Time Difference of Arrival technology in GSM networks and switch-based location technology for Time Division Multiple Access (TMDA) networks. Bureau started pleading cycle July 11. Before comments became due, Cingular on July 24 withdrew request for waiver for TDMA networks. It said it was concluding tests to validate switch-based technology it planned to deploy on TMDA networks. Cingular resubmitted waiver request for TDMA networks Aug. 30. It now seeks to deploy TruePosition network-based location technology on TDMA/Advanced Mobile Phone Service (AMPS) networks. TruePosition guaranteed to Cingular that technology would meet Commission’s accuracy requirements for handsets and had committed to deploying technology on 2,000 TDMA/AMPS cell sites in 2002, which should satisfy all outstanding Public Safety Answering Point (PSAP) requests for Phase 2 information, carrier said. From 2003 forward, Cingular said it would be able to deploy Phase 2 within 6 months of PSAP request and TruePosition technology would give it capacity to be fully deployed on TDMA/AMPS networks by late 4th quarter 2004 or early 2005, depending on PSAP requests. Cingular said it hadn’t tested current version of TruePosition technology, and would be unable to do so in short term, and sought “contingent enforcement relief” in event accuracy and deployments commitments weren’t met. Comments are due Sept. 19, replies Sept. 26.
U.S. Cellular Corp. (USCC) and Rural Cellular Assn. (RCA) petitioned U.S. Appeals Court, D.C., for en banc hearing to reconsider its ruling that upheld FCC decision to remove carrier cost-recovery requirement as precondition to provision of Enhanced 911 service. Corr Wireless, part of rural carrier group challenging original FCC order, also is seeking D.C. Circuit review. In order, Commission had deleted carrier cost recovery precondition, which was seen as slowing down rollout of E911 services. Agency concluded carriers didn’t have to meet E911 Phase 1 and Phase 2 requirements until guaranteed state or local govt. funding was in place. Rural carriers, including USCC, had challenged FCC decision, and D.C. Circuit sided with Commission (CD July 2 p1). “Despite a directly analogous wireline model where the incumbent local telephone monopoly charges the state and local governments to provide comparable wireline E911 service, the panel decision affirmed the FCC’s orders that created this unfunded mandate on wireless carriers,” petition said. RCA and USCC argued that ruling ignored Sec. 201 of Communications Act, which limits FCC authority to regulate wireless carriers through Administrative Procedure Act and other legislative provisions. Calling decision to roll back carrier cost recovery conditions “irrational,” RCA and USCC asked court to rehear case and vacate FCC’s order. Rural carriers cited D.C. Circuit decision in 1996 in CompTel case in which court said Communications Act barred departures from principles of cost causation without compelling justification. Rural carriers contend that FCC order at issue departs from that principle because public safety answering point that orders E911 service from wireless carrier “has been excused from paying” for service. Petition said: “No reasonable court would sustain a federal order requiring ambulance makers to provide ambulances for free to state and local governments because the emergency rescue service was otherwise in the ‘public interest.’ Because the FCC orders at issue effectively require the very same thing, this court should rehear this case and vacate the FCC orders under review.” Rural carriers said issues were of “exceptional importance.” They said FCC mandate would require operators to spend billions of dollars to upgrade their networks to meet E911 Phase 2 deadline of Oct. 1.