GPS Networking (GPSN) petitioned the FCC to amend its rules to allow the company’s GPS re-radiation device indoors. GPSN said its device would make the GPS signal available indoors for a variety of uses, including improving the effectiveness of Enhanced 911 devices. “Limiting the use of such devices to indoor and underground uses precludes the possibility of interference with the satellite-generated signal,” GPSN said. In addition to the request to amend the rules, GPSN asked the Commission to grant it a waiver to use the device during the consideration period so GPSN “will be able to resume its business of supplying its products to the military and public safety workers for their indoor use of GPS Networking re-radiation kits.” GPSN has operated its device under an experimental license.

Common Cause called Walt Disney’s decision not to distribute film maker Michael Moore’s new documentary Fahrenheit 911, which criticizes President Bush, another example why media consolidation is dangerous. The film is critical of financial ties between the Bush family and the Saudi royal family, as well as govt. action in evacuating Osama bin Laden’s family after Sept. 11. Disney couldn’t be reached for comment. Last week, Sinclair Bcstg. kept its ABC affiliates from showing Nightline’s tribute to U.S. soldiers killed in Iraq, claiming the program was partisan (CD May 3 p3). Last year, Viacom-owned CBS refused to air a mini- series The Reagans, and moved it to cable after a wave of protest. “The more that media is concentrated in the hands of a few huge corporate owners, the more likely we'll see this type of corporate censorship,” said Common Cause Pres. Chellie Pingree.

Wireless carriers reported they are making continued progress in rolling out Phase II of Enhanced 911 services, though some carriers warn that problems remain with many PSAPs still struggling to adopt the enhanced technologies.

A Senate source said Thurs. it appeared senators were “getting close” to a compromise on Enhanced 911 (E911) legislation (S-1250) stalled in the Senate. While the White House has raised concerns over funding -- the Senate bill would authorize $500 million annually -- sources said there are other concerns about grant eligibility. States like Tenn. and Minn., which have already significantly deployed E911 Phase 2, are raising fairness issues, since E911 grants seem more likely to go to states that haven’t deployed Phase 2. The House has already passed E911 legislation, but it committed only $100 million yearly. Industry sources have said the White House has put more emphasis on another stalled piece of legislation, the Spectrum Relocation Trust Fund (HR- 1320), than on E911. One industry source questioned whether Sen. Clinton’s (D-N.Y.) involvement in the process was fueling White House resistance, at least partly. Clinton is a co-chmn. of the Congressional E911 Caucus and co-sponsor of S-1250. She’s also one of the Republican party’s biggest nemeses. FCC Comr. Adelstein, speaking at an E911 Institute luncheon in the Senate on Thurs., said that just as Public Safety Answering Points were “overcoming each roadblock along the way,” VoIP could pose a new problem for 911 communications. “We must make sure E911 comes with it,” Adelstein said. Progress toward E911 was being made by VoIP providers, Adelstein said. Many communities still don’t have basic 911, speakers at the luncheon said. Steve Souder, Montgomery Co., Md., 911 dir., said as much as 26% of rural America doesn’t have basic 911 service. But he said as many as 1/2 of 911 calls in urban areas come from cell phones. Maureen Napolitano, Verizon E911 dir., said that while the 911 network is viewed by some as “antiquated,” she said “it works.”

Public safety and business telecom users expressed cautious optimism Wed. that negotiations could be restarted on E911 deployment requirements for multiline telephone systems (MLTS). In a further notice last fall, the FCC had concluded that state and local govts. for now were best positioned to set E911 deployment rules for MLTS, though the Commission said it would monitor their progress. Participants in an FCC E911 Coordination Initiative Wed. agreed the issue of how to locate emergency callers using private branch exchanges (PBXs) is ripe for renewed talks.

Public safety and other officials told the FCC they need better data on Enhanced 911 implementation, including the accuracy of emergency caller location information in individual markets. The National Governors Assn. (NGA) released a report at the FCC’s E911 Coordination Initiative Wed. that indicated there’s no agreed-upon method for tracking E911 progress.

Senate Commerce Committee Chmn. McCain (R-Ariz.) expressed skepticism about communications law passing this year and said he was “guardedly optimistic” about Internet tax moratorium. After a hearing on the Telecom Act (see separate story, this issue), McCain said the Spectrum Relocation Trust Fund (HR-1320) and Enhanced 911 (E-911) legislation (S-1250) could eventually pass. However, he said gridlock may scuttle all bills sent up by the Commerce Committee. “I have never seen Congress more politicized and polarized than it is in this period,” he said. “That’s why we haven’t enacted any legislation. We could end up with only appropriations bills.” McCain said broadband decency legislation could still come to the Senate floor, but Senate Majority Leader Frist (R-Tenn.) hasn’t yet “decided what he wants to do.” He said it’s uncertain whether an amendment to apply decency regulation to cable and DBS providers will come up because it’s unclear when the bill itself will come up. Also, McCain said he would likely try to move legislation on low power radio through an amendment. McCain praised Sen. Sununu (R-N.H.) for his VoIP bill and said he would like to hold a hearing on the bill this year.

FCC Chmn. Powell touted the progress of Enhanced 911 deployment the past 6 months, Tues. telling an E911 Coordination Initiative 900 more public safety answering points (PSAPs) became Phase 2 capable in that period. The Commission a year ago kicked off the initiative to examine E911 implementation issues. At the previous, Oct. initiative meeting also, Powell had cited Phase 2 deployment growth, saying rollouts had jumped 300% in 7 months. At Tues.’ meeting, he said R.I. and Vt. are the first states to report implementing Phase 2 in 100% of PSAPs. “Tennessee is expected to join the list in June,” he said. Separately, Powell cited the agreement between the National Emergency Number Assn. (NENA) and the Voice on the Net (VON) Coalition on how VoIP providers will deliver location information to PSAPs. It “exemplifies what can be achieved from public/private partnerships,” he said. “While the Commission grapples with this issue, it is encouraging to know that consumers are being provided some basic level of E911 capability for VoIP services.” In opening remarks at the 2- day meeting, Powell said the effectiveness of location capability needed to continue improving in “challenging areas.” He recently outlined the creation of a technical group to focus on E911 network architecture and technical standards issues as part of the Network Reliability & Interoperability Council (NRIC). “Measuring and improving the accuracy of E911 location information will be a priority,” he said. The council’s latest iteration, NRIC VII, will examine issues presented by IP protocol and open network architecture for E911 and public safety. “This hard work should result in more accurate and reliable E911 service to wireless subscribers across the nation, whether in small rural communities or big urban corridors,” he said. “There may be deployment challenges in bringing E911 location capability to geographically challenging environments, but the lifesaving capabilities of the service are too vital not to be extended to all subscribers, including rural subscribers.” Another focus of the 2-day meeting is how 911 services can be provided to multi-line telephone systems (MLTS). In an order adopted in Nov. on the scope of E911 regulations, the FCC declined for now to approve national rules for MLTS, instead encouraging states to use model legislation adopted by public safety groups. The Commission said it expected states to act promptly, indicating it would release a public notice in a year to evaluate their progress. “While many may need more time to act, the danger associated with not having location technology for these systems is only growing and E911 capability is just as vital to consumers in this circumstance as with wireless,” Powell said.

Kan. Gov. Kathleen Sebelius (D) signed an E-911 bill imposing a 50 cents monthly fee on wireless customers to support enhanced 911 services throughout the state. Under the new law (SB-153), half the fee will stay within the county that collected it. The rest will go into a state fund to subsidize E-911 service in sparsely populated counties.

Qwest asked the Ariz. Corporation Commission (ACC) to keep secret the amount of restitution it would pay to individual CLECs if it adopts Qwest’s latest proposed settlement of charges that Qwest made secret preferential deals with selected CLECs to buy their silence. Qwest proposed to pay an $11 million fine and $11.7 million in restitution to 3 CLECs -- AT&T, Arizona Dialtone and Time Warner Telecom -- which weren’t offered the special deals. But Qwest asked that the amount paid to each be kept proprietary. Qwest also wouldn’t be required to admit wrongdoing. The Ariz. Residential Utility Consumer Office, a watchdog agency, and CLECs left out of the settlement condemned the offer as a secret agreement to settle secret- dealmaking charges. A previous settlement offer, rejected last Dec. by Administrative Law Judge Jane Rodda, had proposed a $5.2 million fine, $6 million in specific network improvements, and $10 million in CLEC restitution. Rodda objected to the network improvement payment and that Qwest wouldn’t have to admit guilt. She proposed an alternative under which Qwest would pay an $11 million fine, pay $10 million in CLEC restitution, and make a public admission that it broke the law. The ACC plans an April 27 vote on which proposal to accept. Meanwhile, more details emerged about Qwest’s proposal in Colo. to settle secret dealmaking charges there (CD April 16 p9). Under the agreement between Qwest and the Colo. Office of Consumer Counsel, $5.5 million of Qwest’s penalty would go into a low-income telephone assistance fund while the remaining $2 million would fund a 911 emergency resource center. Additionally, Qwest would pay all Colo. CLECs a retroactive 10% credit on wholesale purchases made between Jan. 2002 and June 2002. It also would have to submit to an annual audit of its wholesale operations and continue for 3 years a special training program for wholesale product and marketing managers.