The FCC didn’t err in setting a 120-day deadline for VoIP providers to offer E-911 capability, the U.S. Appeals Court, D.C., said Fri. “We conclude that the Commission adequately considered not only the technical and economic feasibility of the deadline… but also the public safety objectives the Commission is required to achieve,” wrote Judge Thomas Griffith in an order denying VoIP provider appeals.

The Dept. of Transportation (DoT) picked Booz Allen Hamilton to handle its E-911 upgrade, it said Fri. Under the $4.4 million contract Booz Allen will develop and validate technical requirements for DoT’s Next Generation 911 effort, and develop a system architecture and a full-fledged transition framework and timeline. The growing popularity of wireless and VoIP “underscored the limitation” of traditional 911 infrastructures in the transportation sector, DoT said.

E-911 issues and coordination with IP networks are likely to be revisited in the 110th Congress, said a Congressional Research Service report on emergency communications. Most 911 funding is local, but federal funding is needed to develop an IP-based network capability for 911, strengthen call centers and legislate requirements for 911 compliance for calls placed with VoIP, the report said. The 110th Congress may need to oversee how well the Dept. of Homeland Security (DHS) handles new responsibilities given it under laws heightening emphasis on emergency communications within the agency. The Homeland Security Appropriations Act requires the agency to develop an effective communications strategy for first responders. DHS also has to inventory radio frequencies federal entities use. The safety community wants Congress to do more to analyze spectrum needs, the report noted. “The 110th Congress might find itself facing calls to reallocate for public safety use channels at 700 MHz that were designated for auction by the Deficit Reduction Act,” the report said. There’s also the issue of creating a structure in which private sector and public safety can share spectrum, it said. The FCC controls auctions and manages state and local first responder spectrum use while NTIA handles federal use of radio frequencies. Congress could review the efforts of FCC and NTIA to better coordinate spectrum policy, the report said.

The N.J. legislature passed a bill requiring local govts. to consolidate their E-911 public safety answering points. It also would mandate reforms to the state Office of Information Technologies. If signed by Gov. Jon Corzine (D), SB-45 would require the state Office of Emergency Telecom Services to condition state E-911 funding allocations on recipient municipalities, counties and the State Police “merging and sharing” their answering points. The bill would authorize the state treasurer to set 911 call-volume minimums as a yardstick for deciding which answering points to consolidate. The bill would put limits on use of police officers as 911 dispatchers. It also would put 2 more members on the state Information Technology (IT) Governing Board, bringing it to 9, and make the chairperson a separate appointment. The bill also would create a secondary IT project review board to evaluate large-scale state IT projects, create the position of CTO and allow for up to 6 deputy technology officers.

Conn. public safety officials asked the Dept. of Public Utility Control (DPUC) to enforce prepaid wireless providers’ collection of E-911 surcharges. The state Dept. of Public Safety said all phone users benefit from E-911 access, so all should pay the state E-911 surcharge. But the agency (Case 06-12-09) said some prepaid wireless providers claim they're not obligated to collect the state E-911 fee; one provider, T-Mobile, wants refund of E-911 surcharge money remitted to the state 2002-05, declaring it never was obligated to collect E-911 fees. The safety dept. told the DPUC rising use of prepaid wireless will cut E-911 support. It asked the DPUC to gauge how many prepaid wireless providers and customers exist in Conn., and which providers collect the E- 911 surcharge.

A prefiled wireless E-911 bill for the 2007 Mont. legislature would establish a 50 monthly E-911 fee per wireless number. HB-27 also would set up a process through the Mont. Dept. of Administration for allocating half the collected funds to local 911 jurisdictions and the rest to wireless carriers. The bill would require wireless carriers to deploy Phase II E-911 functionality in order to be eligible for cost recovery. Phase II service pinpoints the location of the calling wireless phone to within a few yards.

Vendor 911 Enable announced a device to ease delivery of VoIP 911 calls to emergency dispatchers from offices where employees often move their phones. The RedBox is designed to manage “inter-branch enterprise phone moves,” automatically making location updates so calls go to Public Safety Answering Points with the right location information, the company said.

State: Alabama Company: All IncumbentsMethod Now in Use: Price Caps (1996)Notes: Basic exchange and access rates under nonindexed caps. Other services can rise up to 10% a year total. Rate design subject to PSC review. Earnings not regulated. No expiration date. A state law allowed incumbents, as of 2005, to opt into a more flexible capping system basing rate regulation on population density. This plan deregulates retail rates other than residential basic exchange in dense urban areas. In less dense suburbs, rate rises are limited to 15% annually through 2006, 20% in 2007 and 25% after that. In rural areas, rises are limited to 5% through 2007, gradually reaching 15% by 2010. A 2005 state law gave incumbents another option: A phase-out of retail rate regulation, deregulating bundled and contract services statewide in July 2006 and detariffing most retail services in Feb. Starting 2008, the law will let incumbents facing at least 2 local competitors opt out of state retail rate regulation. The PSC opened a proceeding to reevaluate its entire regulatory system, hoping to persuade incumbents to remain under state rate regulation. But rural incumbents in Aug. indicated no interest in changing regulatory arrangements, and several opted for phased deregulation under the 2005 law. Nine rural incumbents opted to remain under price capsState: Alabama Company: CLECsMethod Now in Use: Rates Flexibly Regulated Notes: CLEC rates presumed competitive. CLECs get state certificates by showing technical, financial and managerial competence. They must file tariffs and give notice of rate changes. CLEC tariff changes get regulatory staff review but normally aren’t questioned. Starting Feb., CLECs can opt for detariffing of most retail services.--------------------------------------------------State: Alaska Company: All Incumbents Method Now in Use: Rate of Return Notes: All large and most small incumbents are under rate of return regulation. In noncompetitive markets, rate reduction -- and boosts up to 6% -- can be decided in as little as 45 days under rate of return principles in annual filings. Other changes require full rate case. In markets where at least one facilities-based competitor operates, dominant incumbents can reduce rates or introduce new bundles on 30 days’ notice without prior state approval. Incumbents can set limited-duration promotional rates to match competition without prior state approval. In markets where an incumbent faces 2 or more facilities-based local exchange competitors or has lost over 40% market share, and provides essential exchange access to less than half the market, the incumbent is deemed nondominant and gets broad pricing flexibility for all retail services other than single-line basic exchange. Basic exchange in such nondominant competitive markets can rise up to 8% annually. Nondominant incumbency can be decided by market or by specific services within a market. But revenue from all services in competitive markets still counts in rate-of-return calculations. Incumbents with less than $500,000 annual revenue can opt out of state rate and earnings regulation on approval by their ratepayers. Rates and earnings of incumbents with less than $50,000 annual revenue are deregulated.State: Alaska Company: CLECs Method Now in Use: Rates Flexibly Regulated Notes: CLEC rates presumed competitive. CLECs get state certificate by showing technical, financial and managerial competence. They must file tariffs and give 30 days’ notice of changes. CLEC changes receive regulatory staff review but normally aren’t questioned.--------------------------------------------------State: Arizona Company: Qwest Method Now in Use: Rate of Return with Price Caps (2001) Notes: Carriers under earnings-based regulation pegged to rate of return on “fair value” of rate base. Regulators in 2001 set up price capping system to give Qwest some pricing flexibility. Price cap system amended in March 2006 to boost flexibility. Basic service rates frozen. Nonbasic and emerging competitive services can rise up to 25% a year and competitive services are priced flexibly. But the 2 “baskets” are subject to revenue caps for all services. Revenue from all services count in rate-of-return calculations. Revised plan changed the services in the baskets and eliminated productivity indexing. Next review due early 2009.State: Arizona Company: Other Incumbents Method Now in Use: Rate of Return Notes: Other incumbents are under fully-tariffed earnings-based regulation pegged to rate of return on “fair value” of rate base. They don’t have pricing flexibility. State: Arizona Company: CLECs Method Now in Use: Rates Flexibly Regulated Notes: CLEC rates presumed competitive once multiple competitors operate in a market. CLECs get state certificate by showing technical, financial and managerial competence. They must file tariffs and give 30 days’ notice of changes. All changes get regulatory staff review and major changes may be subject to hearings; minor changes generally aren’t investigated. State constitution requires a relationship between CLEC rates and “fair value” of their rate base, but a 2001 state Supreme Court ruling gave state regulators full discretion to decide how to determine fair value of CLEC assets to apply it in setting CLEC rates. Fair value issues are decided case by case as CLECs file tariffs for new services and rate changes.-------------------------------------------------- State: Arkansas Company: AT&T, Windstream, CenturyTel of Central Ark. Method Now in Use: Price Caps (1997) Notes: Basic exchange and switched access under caps indexed to 75% of GDP-PI. Rates for all other retail services deregulated. Companies can request basic exchange rate deregulation in exchanges with effective local competition. AT&T in late 2004 and early 2005 received basic exchange rate deregulation in its competitive urban markets. Earnings not regulated. No expiration date. State: Arkansas Company: CenturyTel of Northwest Ark. Method Now in Use: Rate of Return Notes: Rate of return regulation applies to this business unit, created to take over about 100,000 lines bought from Verizon in 2000. It can switch to price caps but hasn’t done so.State: Arkansas Company: Other Incumbents Method Now in Use: Price Caps (1997) Notes: All other incumbents operate under price caps permitting basic exchange services to rise annually by lesser of 15% or $2 per line monthly. All other service rates deregulated. Earnings not regulated. No expiration date. State: Arkansas Company: CLECs Method Now in Use: Rates Not Reviewed Notes: CLEC rates presumed competitive. CLECs get state certificate by showing technical, financial and managerial competence. They must file tariffs and give 30 days notice of changes but changes normally aren’t reviewed. All CLECs must contribute to state universal service fund regardless of whether they're eligible to receive subsidies from it.-------------------------------------------------- State: California Company: AT&T, Verizon, Surewest, Frontier Method Now in Use: Rate Deregulation (2006) Notes: Residential basic exchange and Lifeline under nonindexed caps through 2008. Rates for all other retail services deregulated in Oct. 2006, except that companies must file tariffs and give customers 30 days’ notice of rate increases. Earnings not regulated. State: California Company: Other Incumbents Method Now in Use: Rate of Return Notes: Eighteen other incumbents are under fully tariffed rate-of-return regulation. PUC 1997-2004 reviewed rates of all small companies. Commission required earnings-regulated small incumbent to file a rate case within 6 years of its last review to keep getting state high-cost subsidies. Otherwise their state high-cost support will be phased out. Eight small incumbents chose not to file rate cases and no longer get state high-cost subsidies. State: California Company: CLECs Method Now in Use: Rates Not ReviewedNotes: CLEC rates presumed competitive. CLECs get state certificate by showing technical, financial and managerial competence. They must file tariffs and give customers 30 days’ notice of rate increases.--------------------------------------------------State: Colorado Company: Qwest Method Now in Use: Price Caps (2005) Notes: First residential line and first 5 business lines under nonindexed caps. Intrastate long distance rates deregulated statewide. Intrastate toll can be deregulated in markets with sufficient competition. Rates for business services to customers over 5 lines and optional or discretionary services deregulated in state’s 5 largest cities, and other markets where sufficient competition is shown. Earnings not regulated. State: Colorado Company: Other Incumbents Method Now in Use: Rate of Return Notes: All other incumbents are under fully tariffed rate-of-return regulation. Other incumbents can petition for alternative regulation but none have. State: Colorado Company: CLECs Method Now in Use: Rates Flexibly Regulated Notes: CLEC rates presumed competitive, except that residential basic exchange can’t exceed $14.74 cap set by state law for all providers. Bundled rates can’t exceed cumulative stand-alone rates of services comprising bundle. CLECs get state certificate by attesting to their technical, financial and managerial competence; affidavits presumed truthful. CLECs at start of service have option to file tariffs or price lists. Changes require 14 days’ notice. Tariff and price list changes get regulatory staff review but normally aren’t challenged. CLECs can opt into program applied to Qwest.-------------------------------------------------- State: Connecticut Company: AT&T Method Now in Use: Price Caps (1996-2007) Notes: Noncompetitive services under caps indexed to GDP-PI; caps can rise 1/2 the amount GDP-PI exceeds 5% a year. Competitive services flexibly priced. Penalties assessed for failing to meet service quality targets. Earnings not regulated. Program last reviewed in 2001 but no changes made. Next review due before 2008. State: Connecticut Company: Other Incumbents Method Now in Use: Rate of Return Notes: Fully-tariffed rate-of-return regulation. No proceedings pending to change that. Regulators gave Verizon some pricing flexibility under RoR in 2001. Verizon in 2003 proposed price cap change, later withdrew application. Regulators in Sept. 2005 reaffirmed continued price flexibility through 2007. State: Connecticut Company: CLECs Method Now in Use: Rates Not Reviewed Notes: Rates presumed competitive. CLECs get state certificate by showing technical, managerial and financial competence. They must file tariffs and give 7 days’ notice of rate changes, but changes normally aren’t reviewed. -------------------------------------------------- State: Delaware Company: Verizon Method Now in Use: Price Caps (1994-2011) Notes: Basic services under caps indexed to GNP-PI minus 3%, plus approved exogenous costs. Competitive services flexibly priced. Earnings not regulated. In June 2005, PSC concluded review of plan by agreeing to extension without change until Sept. 2011. State: Delaware Company: Other Incumbents Method Now in Use: None. State: Delaware Company: CLECs Method Now in Use: Cost-Based Rate Floor Notes: Rates presumed competitive if they stay above floor set at incremental cost. CLECs get state certificate by showing technical, managerial and financial competence. Must post $10,000 performance bond or irrevocable standby letter of credit for equivalent amount. Must file tariffs or price lists, with 3 days’ notice of rate and service changes. Rate changes above cost floor normally get no further review. -------------------------------------------------- State: District of Columbia Company: Verizon Method Now in Use: Price Caps (2000-2006) Notes: Basic residential rate frozen. Other basic residential and business services can rise up to 10% a year. Discretionary services can rise up to 15% annually. Percentage revenue rise from such boosts can’t exceed annual inflation rate. Competitive service rates deregulated, but can’t be below incremental cost. Earnings not regulated. Plan, to expire in 2004, extended through 2006 under pact giving Verizon small local rate increase. No current proceeding on successor plan. State: District of Columbia Company: Other Incumbents Method Now in Use: None.

Verizon Wireless is pushing the FCC to move up the starting date for the 700 MHz auction, which could effectively kill a Cyren Call proposal for a wireless broadband network serving public safety using 700 MHz spectrum, sources said. Meanwhile, even though the FCC had held it cannot reallocate the spectrum without Congressional action, the agency has been inundated with comments in recent days in support of the Cyren plan.

MIAMI BEACH -- Comcast CEO Brian Roberts told state regulators consistent, even-handed regulatory policies are the key to expansion of facilities-based cable competition into the small-business market. Roberts, speaking at the NARUC annual convention here, said regulators also need to address the remaining barriers to competition.