ATLANTA -- FCC Comr. Adelstein told an audience of state consumer advocates Tues. that, with the Bell 271 long distance entry question now out of the way, “the next big public interest issue facing the FCC and the states is universal service.” Adelstein, addressing members of the National Assn. of State Utility Consumer Advocates (NARUC) at their meeting during its annual convention here, said the rise of competition in telecom had changed the roles of regulators and consumer advocates, but not their duty to act in the public interest. “The public interest is a real and meaningful standard in telecom. It’s our job to figure out what the public interest is” in universal service and other matters.

ATLANTA -- NARUC’s Telecom Committee adopted policy resolutions addressing the cost basis for UNEs, convergence of information services and telecom, and use of the 811 dialing code as the national number for underground facility locator services. But another resolution at the NARUC annual meeting here Mon. on directory assistance competition failed to pass.

House sources said efforts are being made to bring the Senate’s Enhanced 911 (E911) bill to the Senate floor this week, though sources acknowledged the timing of the bill will be difficult because of a busy Senate calendar. The bill (S- 1250), introduced by Senate Communications Subcommittee Chmn. Burns (R-Mont.), has been approved by the Commerce Committee. The House passed a similar bill (HR-2898) this month (CD Nov 5 p1). The bills have several differences, the most notable being the Senate’s $500 million-a-year price tag. The House authorizes only $100 million per year, for 5 years.

The National Emergency Number Assn. (NENA) praised the Senate for adopting a provision in the agriculture appropriations bill that would improve low interest loans for rural 911 services. The Senate adopted the agriculture bill Nov. 9 and the bill awaits a conference with the House (CD Nov 10 p11).

The FCC Thurs. expanded the scope of some Enhanced 911 requirements, including a mandate that certain mobile satellite service (MSS) providers create call centers for routing emergency calls. In an order and further notice adopted unanimously at its agenda meeting, the Commission also concluded that, for now, state and local govts. were better positioned to set rules for E911 deployment by multiline telephone systems (MLTS). It expanded E911 mandates to certain telematics services and resellers of mobile wireless services, including prepaid calling cards.

The emergence of Voice-over-IP (VoIP) services may force regulators to find new ways to handle social obligations such as universal service, E911 and CALEA, experts said in an audio conference Thurs. sponsored by Warren Communications News. Rather than limiting debate to 2 alternatives -- subjecting VoIP providers to traditional telephony regulations vs. seeing social programs such as those decline because funding was required in those regulations -- there’s a 3rd alternative: Looking for new ways to fund such programs, panelists said.

Supporters of Enhanced 911 (E911) legislation hailed a General Accounting Office (GAO) report released Wed. that said E911 implementation was hindered by a lack of funding and coordination. The report said wireless carriers, states and localities would need to devote as much as $8 billion over the next 5 years to deploy E911. It said the FCC and Transportation Dept. (DoT) were involved in promoting E911, “but their authority in overseeing its deployment is limited because public service answering points (PSAPs) traditionally fall under state and local jurisdiction.” The report found weaknesses in a DoT database that tracked E911 implementation, saying the database didn’t differentiate between PSAPs that needed upgrades and those that didn’t, which limited its usefulness in accessing progress toward full implementation. The database shows that 65% of PSAPs had deployed Phase 1 E911, but only 18% had Phase 2 E911, the report said. A GAO survey showed 24 states said they would have Phase 2 implemented by 2005, while others said it would be beyond 2005 or they were unable to estimate when Phase 2 would be completed. Senate Communications Subcommittee Chmn. Burns (R-Mont.), who requested the report, praised its finding that more coordination was needed between DoT, PSAPs and the National Emergency Number Assn. (NENA). Burns introduced E911 legislation (S-1250) that would devote $500 million per year toward E911 Phase 2 implementation. NENA also praised the report, Pres. Richard Taylor saying it “should put to rest any doubts about the need for this legislation.” The House passed the E911 bill (HR-2898) on Nov. 4 (CD Nov 5 p1) that allocated $100 million per year for 5 years to E911 deployment.

The FCC granted a petition for reconsideration filed by the Alliance for Telecom Industry Solutions (ATIS) on callback numbers for new 911-only wireless handsets and donated handsets that weren’t service initialized. The order ATIS challenged had required that those phones use 123-456- 7890 as the phone number transmitted to a public safety answering point (PSAP) receiving a call to address problems created by a lack of a callback capability when 911 calls were dialed from such devices. On reconsideration, the FCC said that in light of information submitted by ATIS’s Emergency Services Interconnection Forum (ESIF), which developed a voluntary technical standard in that area, it removed the requirement to use the number starting with “123.” The ESIF-developed standard “provides a more far- reaching and technically superior solution” to the original April 2002 order, the Commission said. The new requirements to program carrier-donated non-service-initialized phones and new 911-only handsets are for a sequential number beginning with 911 plus 7 digits selected in a manner similar to how certain network software generates a number. The previous order had required 911-only wireless handset manufacturers to program each device with the same code starting Oct. 1 but ESIF had sought a stay based on a technical standard developed by the Telecom Industry Assn. and ATIS. That solution involves use of a wireless handset’s electronic serial number or international mobile station equipment ID to create a “surrogate number” for emergency callback purposes. The point of the system is to prevent misuse of the 911 system as a result of repeat harassment calls made on non- initialized phones and to sort out legitimate callers dialing 911.

The FCC plans to take up at its agenda meeting Nov. 13 a notice of inquiry and proposal on the development and use of a so-called “interference temperature.” The idea of a possible interference temperature (IT) was among the ideas for reforming spectrum policy outlined in last fall’s Spectrum Policy Task Force (SPTF) report to the FCC. The idea would cap the noise environment in which receivers would be required to operate. To the extent the ceiling wasn’t reached in a band, a user below that limit would gain additional operating flexibility. The items also will address “managing the transition from the current transmitter-based approach for interference management to the new interference temperature paradigm.” The FCC said it would take up IT limits and procedures for assessing the interference for expanded unlicensed operation. The idea of an interference temperature was among the group’s more controversial findings, with many telecom providers raising concerns about the potential for increased interference risk for incumbent users. Also on the agenda is an SPTF report to the FCC on the status of implementation of its recommendations one year after its release. The Commission will consider a report and order and 2nd further notice on the scope of Enhanced 911 rules. The agency last Dec. adopted a further notice to examine whether mobile satellite service operators, multiline phone systems, IP telephony providers, wireless resellers and telematics systems should meet E911 mandates, in addition to wireless carriers that already were bound by those obligations. The FCC also will take up a report and order that would provide an additional 255 MHz of spectrum for unlicensed wireless devices, including Wi-Fi systems, at 5 GHz, following up a decision at the World Radio Conference (WRC-03) this summer. Earlier this year the FCC approved a proposal to make that spectrum available (CD May 16 p2) for unlicensed use, proposing a requirement for dynamic frequency selection in certain bands to protect military radars from interference. Two other items also deal with the WRC-03. The FCC Office of Engineering & Technology (OET) will present a report on implementation of WRC-03 results. In a briefing Thurs., International Bureau (IB) Chief Donald Abelson said the Commission was “doing fine” with implementation: “By any calculation or standard, if you were to look at how well we have done on implementing WRC-03 so soon after the meeting compared to the way that the Commission implemented past WRCs, we'd come out way ahead.” His bureau also will consider a rulemaking on earth stations aboard vessels (ESVs). WRC-03 approved ESVs in the 5925-6425 MHz and 14- 14.5 GHz bands. The Commission also started an inquiry on such devices (IB 02-10) that has studied the regulatory framework for implementing the use of ESVs. Some commenters had asked the Commission to approve ESVs before WRC-03. Finally, the FCC also will consider modifying its rules to improve the effectiveness of the program that provides discounts to rural health care providers to access modern technology for medical purposes. A companion to the e-rate program for schools and libraries, the rural health care program never has attracted many applications for funding.

The CTIA urged the FCC this week not to impose additional burdens on facilities-based carriers for Enhanced 911 compliance if it decides to impose new requirements on resold wireless service. In Dec., the FCC adopted a further notice to examine whether mobile satellite service operators, multiline phone systems, IP telephony providers, wireless resellers and telematics systems should meet E911 mandates. It received a flurry of ex parte filings this week in anticipation of some of those issues’ being addressed at next week’s FCC agenda meeting. In Feb., several industry groups urged the Commission to tread lightly before expanding basic and E911 rules beyond the wireless operators now covered. CTIA told the FCC this week that “underlying facilities-based carriers providing service to wireless resellers are already subject to extensive obligations regarding E911 that apply independent of this proceeding.” The association said: “To the extent the Commission concludes that any new burdens regarding E911 compliance are imposed on resold wireless service in this proceeding, it would be appropriate to place them directly on the resellers who are responsible for equipment sales and services to their customers.” Separately, Mercedes-Benz USA urged the FCC in a filing this week to quickly establish its position that call-center-based telematics services shouldn’t be subject to E911 rules. The company cited telematics services that rely on call centers and didn’t allow users to communicate directly with others via the public switched telephone network. The company said the Assn. of Public Safety Communications Officials (APCO) had suggested that the FCC not impose obligations on call- center-based telematics services. Sprint reiterated that if the FCC determined that E911 rules should be extended to resold services, it should make clear “that the underlying carrier cannot be held responsible for the actions of resellers and that the obligation to purchase compatible handsets lies with these independent business entities.” The Ad Hoc Telecom Users Committee said in a filing Wed. that the FCC “lacks jurisdiction to impose workplace safety obligations on the owners and operators of multiline telephone systems.” As a result, the group said the Commission couldn’t promulgate E911 regulations with which such businesses would have to comply. It said local and state authorities were in a better position than the FCC to determine whether such rules were needed and, if deemed necessary, to tailor them to local workplaces.