FCC Decided Against Speeding Up Compliance Deadline for Tougher Location Accuracy Rules

The order notes that T-Mobile, the Telecommunications Industry Association and others objected to an earlier policy call requiring all carriers to meet the same standard, questioning whether doing so is even feasible. GSM-based carriers like T-Mobile and AT&T currently use network-based technologies for locating callers. CDMA carriers including Verizon Wireless and Sprint Nextel already use handset-based technology. APCO has found significant differences between the two technologies in their ability to locate emergency callers. “We see no reason, at this time, to alter the amount of time provided to carriers under the E911 Location Accuracy Second Report and Order to comply with the rules adopted there,” the order said. It said the record shows that carriers are making changes with an eye on meeting the tougher standards. The FCC said tougher standards translate to saving lives: “We note that, in cardiac arrest emergencies, reducing response times by even three minutes improves a victim’s chances of survival ‘almost four-fold.'"

The text makes clear that the new network stipulation doesn’t apply to upgrades or expansions of current networks. “In adopting this definition, our intent is to require covered CMRS providers that are launching new stand-alone networks to meet the handset-based location accuracy standard from the start, rather than to accelerate the eight-year implementation period for existing covered CMRS providers that opt to upgrade their networks during the implementation period,” the order said.

The FCC will continue to allow new networks to use either network-based or a hybrid of handset-based and network-based technologies “provided that they meet the accuracy criteria applicable to handset-based providers,” the order said. “Given the long-term goal of universal support for one location accuracy standard, we believe that such a mandate allows appropriate planning and ensures that new technology will comply with the most stringent location accuracy standard that applies to existing technology.” The order said that as advanced-GPS handsets become more available, “CMRS providers will have substantial incentive to provide such handsets to most if not all of their customers, thus minimizing the incremental cost to such carriers of complying with the Commission’s handset-based location accuracy standard."

The order also rejects industry arguments that the regulator shouldn’t require periodic testing of 911 accuracy once a network has been shown to meet the desired location-accuracy standards. “We find that periodic testing is important to ensure that test data does not become obsolete as a result of environmental changes and network reconfiguration,” the order said. “In addition, carrier disclosure to [public safety answering points] and 911 offices will enable them to better gauge whether they are receiving accurate location information from CMRS providers and thus base their responses to emergencies accordingly.”

The agency asked the Communications Security, Reliability, and Interoperability Council to develop and recommend testing procedures within six months. “No entity has suggested a means other than periodic testing to ensure the accuracy of location information,” the order said. “However, further work is needed to develop approaches to testing criteria, procedures, and timeframes that are reasonable and cost-effective.” The FCC agreed with commenters who said “basing testing criteria and procedures on the current OET Bulletin 71, developed eleven years ago, would be inappropriate at this time."

An accompanying rulemaking notice asked a series of questions about extending 911 requirements to outbound-only services like SkypeOut that let someone call out to the public switched telephone network but not to receive incoming calls. Would the requirements, which now apply to interconnected VoIP operators, “accurately reflect current and evolving consumer expectations and the needs of PSAPs and first responders?” the FCC asked. “We also seek comment on the cost and technical feasibility of extending the Commission’s existing 911 requirements to outbound-only interconnected VoIP service providers,” the rulemaking said. “Would the costs … be no greater, and potentially be lower, than the costs that two-way interconnected VoIP service providers incurred when the Commission adopted its original VoIP 911 requirements in 2005?” The agency asked for the appropriate time frame if it opts to impose this new mandate.