The FCC proposed fining T-Mobile USA $1.25 million Wed. for what the agency said were violations of its Enhanced 911 Phase 1 rules. An FCC Enforcement Bureau investigation found that in more than 450 cases, T-Mobile hadn’t furnished E911 Phase 1 service within 6 months of a request from a public safety answering point (PSAP). While the FCC had granted a waiver to T-Mobile for its Phase 2 rules, it said the carrier never “even requested a waiver or other relief from the Phase 1 rules.” Also for the first time the FCC outlined plans for an E911 Coordination Initiative, designed to devise strategies for expediting E911 rollout.

Wireless carriers are crafting “best business practices” code that would provide consumer information on service issues such as coverage and rates that could be compared across operators. Progress on code comes amid stepped-up state and federal legislative efforts targeting wireless service quality, including bill by Sen. Schumer (D-N.Y.) that would have carriers provide standardized information on rates and network coverage (CD Feb 26 p7). “What we are trying to deal with now is can various companies see their way clear to providing this common approach to information in a way that doesn’t disadvantage them in the marketplace,” CTIA Senior Vp-Govt. Affairs Steve Berry said.

Assn. of Public Safety Communications Officials (APCO) voiced “disappointment and frustration” with Cingular Wireless, Nextel and T-Mobile USA for challenging recent FCC Enhanced 911 order. Carriers filed separate petitions for reconsideration of order setting guidelines for requesting information about E911 Phase 2 readiness of public safety answering points (PSAPs). Carriers said order didn’t adequately consider complexities of when PSAP or wireless operator was prepared to roll out E911 Phase 2. Order follows earlier appeal for clarification by Richardson, Tex., on when PSAP requests for E911 service were valid. FCC had said they 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 facilities such as trunking. APCO said it had “been operating under the perception that the wireless industry and the public safety community had established a consensus on criteria for certifying PSAP readiness in accordance with FCC rules.” APCO said latest challenges “open the door for additional delays in the widespread implementation of this critical, life-saving technology. The time has passed to challenge the Commission on these life-saving rules.”

Planned FCC notice on what changes, if any, are needed in certain protection levels for GPS is meant to open debate on issue that has surfaced since ultra-wideband proceeding began, Office of Engineering & Technology (OET) Chief Edmond Thomas said. In recent mobile satellite service (MSS) order, FCC chose less conservative limits to protect GPS from ancillary terrestrial operations than power levels NTIA backed. But 2 agencies agreed OET would seek comment on potential changes, if any, in protection levels for GPS in future. Agencies agreed “it was a reasonable course that we will start a public debate about whether it is necessary to set a generic limit for devices that have spurious emissions into the GPS band,” Thomas said. “If the answer to that is yes, what should that limit be?”

T-Mobile USA, Nextel and Cingular Wireless challenged FCC order that set out guidelines for requesting information about Enhanced 911 Phase 2 readiness of public safety answering points (PSAPs). In 3 petitions for reconsideration, carriers said order didn’t adequately consider 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.

Some industry groups urged FCC to exercise caution before expanding basic and Enhanced 911 rules beyond wireless operators now covered. Motorola, Telecom Industry Assn. (TIA) and others said Commission shouldn’t stretch limited public safety resources beyond continuing efforts on Phase 2 wireless E911. FCC in Dec. adopted further notice to study whether mobile satellite service (MSS) operators, multiline phone systems, IP telephony providers and telematics systems should meet E911 mandates. Commenters were split on how MSS licensees should be required to track location of emergency calls. Challenge of applying E911 to PDAs and IP telephony was raised repeatedly.

FCC’s recent mobile satellite service (MSS) order chose less conservative emissions limits to protect GPS from ancillary terrestrial operations than power levels that were advocated by NTIA, private sector and other agencies, including Defense Dept. Five days before FCC adopted order Jan. 29, NTIA raised concerns that out-of-band power limits ultimately approved for ancillary terrestrial service would “significantly degrade” performance of GPS receivers to meet Enhanced 911 accuracy requirements. NTIA and FCC reached agreement that entailed latter’s Office of Engineering & Technology’s soliciting comments “shortly” on what changes, if any, were needed in GPS protection, NTIA Dir. Nancy Victory said.

Senate Commerce Committee will hold hearing on E911 March 5 and hearing in House Commerce Committee is likely to follow, members said at press conference to launch Congressional E-911 Caucus. Caucus is headed by: Senate Commerce Communications Chmn. Burns (R-Mont.), Sen. Clinton (D-N.Y.), Rep. Shimkus (R-Ill.), Rep. Eshoo (D-Cal.). Highlighting public safety and homeland security, members said caucus would focus on determining what steps now need to be taken to ensure that E-911, and E-911 services for wireless phones, are deployed nationally. Members cited need for increased cooperation and said different parts of country are providing different challenges for E-911 implementation. In some places, funding for E-911 services has been diverted in some states, members said. Burns said he recognizes financial difficulties in modernizing 911 for enhanced service and wireless. Burns also said other issues will have to be addressed, including privacy. Clinton said caucus was also focused on “getting the word out,” which would help legislators gauge how much funding is needed for localities to implement E-911. National Emergency Number Assn. (NENA) task force, called Strategic Wireless Action Team (SWAT), will likely help legislators determine where funding and other action is needed, said Shimkus, who was original sponsor of Wireless Communications and Public Safety Law of 1999, which legislated transition to E-911. Both CTIA and AT&T Wireless applauded launch of caucus. Witness list and time for March 5 Senate Commerce Committee hearing on E-911 hasn’t been announced.

FCC Comr. Martin said Mon. Commission must provide “greater clarity” to Enhanced 911 rules, calling order issued in response to request by Richardson, Tex., on what constituted valid public safety request for E-911 good start. At National Emergency Number Assn. (NENA) conference in Washington, Martin outlined role of states, including their need to spend E-911 funds on systems for which they were intended. He also said LECs weren’t explicitly covered in wireless E-911 rules, although FCC had made clear they have to facilitate its rollout. “If the LECs do not live up to their obligations, the Commission will pursue more formal action,” he said.

Dept. of Justice’s National Institute of Justice is conducting research on effectiveness of 311 non-emergency calling programs, said Deborah Daniels, asst. attorney gen.- Office of Justice Programs. Addressing National Emergency Number Assn. conference in Washington Mon., Daniels said Justice had worked with FCC several years ago to have 311 designated as number for nonemergency calls that often flooded traditional 911 lines. Baltimore is first city to implement calling program with that number, she said. “We want to be able to advise you on what will be most likely to help reduce the burden on your 911 systems,” Daniels said of research. Study is near completion and is expected to be published in “near future,” she said. DoJ also is working on problem of 911 callers with limited English proficiency, she said, with Civil Rights Div. developing “best practices” for public safety agencies to respond quickly to such callers. Meanwhile, Jeff Paniati, dir.-office of operations for Transportation Dept.’s (DoT) Federal Highway Administration (FHA), said DoT was interested in E-911 platform for vehicular automatic crash notification systems such as OnStar that would provide information such as injury diagnostics to public safety agencies. FHA is conducting field test to try to identify crash that has occurred, pass that information into public safety answering point and “demonstrate that that information can be seamlessly moved,” Paniati said. Field test involves PSAP, telematics provider and DoT “to explore how to do this,” he said. Research includes areas such as how information collected by vehicle’s telematics system can be used for treatment and emergency response, he said.