T-Mobile USA, Nextel and Cingular Wireless challenged FCC order t...

complexities of when PSAP or wireless operator was “ready” to deploy E911 Phase 2. FCC was responding to earlier petitions for reconsideration filed by Cingular and Sprint PCS over original Richardson, Tex., order. Richardson asked FCC to spell out when PSAP requests for E911 service were valid. Commission said such requests were valid if any upgrades needed on PSAP network would be completed within 6 months and if PSAP had made timely request to LEC for trunking and other facilities needed to transmit E911 data. In latest Richardson order, Nextel’s petition for reconsideration said FCC had adopted “new procedural guidelines for requesting information about a PSAP’s Phase 2 readiness and created a labyrinth of new requirements and potential liabilities for wireless carriers as part of the deployment process.” Nextel said agency improperly assumed PSAP request could be deemed “valid” or “invalid.” Company said problem arose when both carrier and PSAP might be ready but each had deployed different solution with different standards, meaning technologies couldn’t work together and Phase 2 couldn’t be rolled out. Nextel said that created “gray area” of readiness. “The better approach is a rule that imposes on carriers an obligation to work in good faith -- with all relevant stakeholders -- to deploy a requesting PSAP within 6 months of a request,” Nextel said. “If good- faith efforts fail, the Commission should provide an expedited process for parties to resolve deployment disputes.” Cingular asked FCC to vacate both Richardson orders, saying they violated Administrative Procedure Act and were contrary to “long-standing” policies on E911 rollout. It said FCC should: (1) Reaffirm that PSAPs be ready to receive and use Phase 2 data before they requested it. (2) Require PSAPs to document readiness when they submitted Phase 2 request. (3) Clarify that 6-month period for responding to PSAP request began when PSAP’s readiness was challenged. (4) Expedite process for dispute resolution. Cingular said FCC eroded readiness requirements for PSAPs in Richardson orders by stipulating initially that PSAP could be capable of using Phase 2 information within 6 months but later requiring carriers to deploy necessary equipment even if PSAPs couldn’t use it in that time. T-Mobile asked what wireless carrier’s obligation would be at end of 6-month period if PSAPs wasn’t ready to receive and use E911 data, saying Richardson order didn’t fully answer that question. T-Mobile said FCC provided process for carrier to certify, at end of 6 months, that it hadn’t finalized deployment because PSAP couldn’t receive and use E911 data. FCC left unclear whether that could be filed if PSAP weren’t ready to receive data until it was too late to allow carrier to finalize rollout in 6 months.