Mo. Gov. Bob Holden (D) authorized placement on Aug. 6 primary election ballot of referendum asking voters to approve new state 911 tax on wireless phones. Proposition A would impose tax of up to 50 cents monthly per wireless phone number to finance wireless enhanced 911 database service throughout state. Voters in April 1999 rejected similar E911 wireless taxation measure submitted by then Gov. Mel Carnahan (D), which came on heels of FCC order establishing requirement to provide wireless E911 service, contingent on establishing cost-recovery mechanism.

FCC at its agenda meeting Tues. gave wireless industry one-year extension to provide local number portability (LNP) in 100 largest Metropolitan Statistical Areas, turning down request by Verizon Wireless for forbearance on Nov. 24 deadline. Adoption of order came despite differences among commissioners over how much additional time was warranted, with Comr. Abernathy dissenting in part, saying she believed delay until 2004 was justified. Comr. Copps voted for item, but said he would have preferred shorter delay than one year as providing “ample time to solve all LNP, pooling and public safety concerns.” If Commission hadn’t acted by July 26, forbearance petition would have been granted automatically. Comr. Martin backed decision to give wireless industry extra year, but said he disagreed with legal standard that FCC used to assess Verizon’s forbearance petition. One-year delay marked compromise between arguments of state PUCs and others that little or no extension was warranted and requests by carriers for longer time.

Telecom bills advanced in Mo., N.C., Mass. Mo. Gov. Bob Holden (D) signed bill requiring state’s public libraries and K-12 public schools to restrict access by minors to pornographic Internet sites by means of software filters, using ISP filtering services or other restrictive access measures such as employee monitoring of Internet usage. Under HB-1402, willful failure to establish porn restrictions is criminal misdemeanor. Officials and employees of institutions that have complied with law aren’t liable for prosecution if minors accidentally or intentionally evade restrictions and access Internet porn. N.C. Gov. Michael Easley (D) signed bill conforming state wireless taxation laws to federal Mobile Telecom Sourcing Act. Measure (HB- 1521) makes wireless services taxable at subscriber’s place of primary use, typically home or workplace, regardless of where call actually occurs. Mass. House passed bill (SB- 2349) that would authorize municipalities to alter phone company equipment used for E-911 service so municipality’s fire dept. could monitor 911 emergency communications. Bill requires that monitoring be done only by trained fire dept. personnel at secure location. Monitoring must occur in fashion that prevents any public broadcast of 911 call content. House made technical amendment to Senate-passed measure to change statutory citations and returned bill to Senate for concurrence, which is expected.

When granting additional flexibility for spectrum use, several wireless carriers and equipment makers urged FCC this week not to change rules in “midstream” for incumbent licensees that already had paid billions for licenses. Wireless and satellite companies, new technology developers, broadcasters and public interest groups filed close to 200 comments on questions from agency’s Spectrum Policy Task Force. Relatively high number of comments poured into Commission despite Office of Engineering & Technology’s refusal of several requests to provide extension of July 8 deadline. Public notice last month raised policy questions ranging from potential need to redefine harmful interference to whether rural spectrum should be covered under policy different from urban areas (CD June 7 p1). Some developers of emerging technologies stressed need for FCC to provide clarity in its Part 15 rules for unlicensed devices and to furnish more spectrum as demands increased. Several large carriers, including Sprint and Cingular, urged FCC to keep intact auctions of exclusive allocations and said market- based tools such as auctions worked only if license-holders had clearly defined rights.

Telecom bills advanced in Cal., R.I., Ill., Ohio. Ill. Gov. George Ryan (R) signed bill clearing up legal ambiguity over how 911 surcharges were assessed on PBXs. Under measure (HB-5709), 911 surcharge per PBX trunk is set at 5 times per line rate, effective Aug. 1. Previously, there was question whether PBX trunks should be assessed at per-line rate or at per-line rate times number of extensions that trunk served. Cal. Gov. Gray Davis (D) signed bill (AB-1734) to make state’s telecom equipment and service programs for deaf and disabled customers become independent of Cal. PUC next year. Legislation also delays by one year, to July 2003, implementation of 2001 law that required program’s funding to be through state’s general fund rather than through PUC’s budget. R.I. bill (SB-2164) barring school bus drivers from using mobile phones while bus was transporting children became law without signature of Gov. Lincoln Almond (R). Under new law, violators will pay $50 fine unless they can show phone was used in emergency situation. Violations also are deemed evidence of negligence in any civil suits arising from school bus accidents. Similar bill passed by Ill. legislature (SB-1795) and sent to Gov. Ryan would ban use of cellphones by school bus drivers while in motion on pain of $250 fine, except in emergency situations. Bill wouldn’t affect drivers’ use of 2-way bus radios. Ohio legislature passed bill (SB-8) to regulate spam. Under measure sent to Gov. Bob Taft (R), senders of unsolicited commercial e-mail must cease sending their spam to recipients who have given notice that they no longer want to receive sender’s messages. Violators would face $100 fine per offending message.

FCC Wireless Bureau granted requests from some digital wireless carriers for more time to become able to transmit 911 calls made by users of text telephone (TTY) devices. Bureau granted limited relief for carriers migrating away from TDMA technology and gave AT&T Wireless less time than it sought to implement digital TTY capability in GSM part of its network that uses Nokia switches. FCC rules required that by June 30, digital wireless service providers be able to transmit 911 calls made using TTY devices. “Overall, digital wireless services providers are timely implementing TTY capability in their networks, which is necessary to enable TTY users to make emergency 911 calls and enjoy the benefits of digital wireless services,” Bureau said. At recent TTY Forum, order said, 5 national wireless carriers said they were implementing TTY capability “widely” as of June 30 and that capability was expected to be available in most areas as of July 1. Group of mostly small, rural carriers sought limited extensions of June 30 deadline, ranging from 3 months to one year, attributing requests to vendor delays associated with software and hardware upgrades. Among larger carriers, AT&T Wireless told FCC it expected to meet nationwide compliance deadline in its TDMA network, which serves most of its subscribers. Company sought extension for 3 months beyond date on which Nokia delivers functional product for deployment in parts of its GSM network. Carrier said it expected to deploy TTY capability in all operational GSM markets served by Nokia switches by Sept. 30. AT&T said it found errors in initial versions of Nokia software in tests in April. For Ericsson TTY solution, AT&T Wireless said it expected to implement technology before June 30. Bureau turned down AT&T petition “to the extent that it requests an extension of the compliance deadline for a period of time triggered solely by the timing of a vendor’s delivery of a product for deployment,” order said. “To grant such relief from a regulatory obligation would effectively remove the obligation of carriers to take the steps necessary to satisfy that obligation.” Order gave AT&T Wireless until Sept. 30 to implement TTY capability in GSM part of network served by Nokia switches. For carriers migrating from TDMA, order granted conditional extension of time to deploy TTY capability for 911 calls until Dec. 31, 2003. Order said that would give additional 18 months for affected carriers to transition from TDMA and move subscribers to TTY-capable network. “Because of recent developments related to larger carriers’ moving away from TDMA and the resulting loss of vendor support for these systems, these small carriers are in an unusual position of having to change their underlying technology on the eve of the Commission’s regulatory deadline for implementing TTY-capability in their systems,” order said. Bureau stipulated that if carrier still was operating TDMA network at end of 18-month extension, agency would have to implement TTY solution in that network.

TTY Forum reported to FCC successful deployment of TTY services over wireless networks. Forum report, sponsored by Alliance for Telecommunications Industry Solutions (ATIS), said wireless industry was prepared to meet FCC June 30 deadline for TTY compatibility, enabling people with speech or hearing disabilities to use TTY devices over wireless networks. TTY devices, which have been in use since 1964, were designed specifically for use over analog networks. To enable TTY calls over digital voice channels, wireless handsets and networks had to be redesigned to accommodate speed and tone of TTY signals, report said. While wireless TTY compatibility services work well for nonemergency communication, other issues exist in some emergency situations, it said. Test results indicated some 911 callers using digital wireless phone and TTY device might experience difficulties reaching some public service answering points (PSAPs) operators due to nonstandardized TTY equipment or software, it said. TTY Forum worked with standards organizations including TIA TR 45 and ATIS-sponsored Committee T1 to ensure standards were created for each wireless technology -- CDMA, GSM, TDMA, iDen. TTY Forum included representatives of wireless carriers, handset manufacturers, wireless infrastructure and TTY vendors, emergency and relay service providers, and consumer organizations representing people with hearing disabilities.

AT&T Wireless (AWS) asked FCC to reduce “significantly” proposed forfeiture of $2.2 million for alleged violations of Commission’s Enhanced 911 Phase 2 requirements on carrier’s GSM network. In response to notice of apparent liability last month, AT&T Wireless said that when it realized that Enhanced Observed Time Difference (E-OTD) equipment would lag behind its limited GSM launches in 2001, “it did not identify this disparity as a development that rendered its waiver application substantially incomplete or inaccurate” in violation of FCC rules. Like other mobile carriers, AT&T Wireless and Cingular Wireless sought waivers last year from Commission for E911 Phase 2 location capability requirements that took effect Oct. 1. In case of GSM portions of Cingular and AT&T networks, agency said it received information on waiver requests too close to regulatory deadline to act on them. In response filed last week, AT&T said penalties proposed for its alleged violations of E-911 rules were “unjustified.” It said any violation of section of rules that required sale of at least one E-OTD handset starting in Oct. was minor. “Compliance with this rule was and is technically infeasible and the proposed forfeiture for this alleged violation should be eliminated entirely,” AT&T said. Carrier said that when it first submitted request to use E- OTD solution for Phase 2 for GSM part of its network it “reasonably believed” equipment would be available by deadline. “From the beginning, however, AWS viewed its waiver application as a statement of intent and plan of action, rather than a binding commitment to delay GSM deployment until E-OTD equipment became available,” AT&T said. Carrier told Commission it now was clear that agency expected it to disclose vendor delays in equipment availability “even before it knew the full scope of the problem or when and how it could be fixed.” AT&T said it needed to gather relevant data and develop solution before returning to FCC with presentation. In case of proposed forfeiture for alleged violation of deploying Phase 2 service within 6 months of request from public safety answering point, AT&T Wireless said that portion of fine should be reduced significantly “because the factual basis for the allegation is incorrect and any violation that did occur was minor.” Company argued it couldn’t have done anything to get E-OTD installed on its GSM network faster and that any delay in filing altered waiver request didn’t delay equipment rollout or harm public safety. Carrier took exception to notice that characterized its decision to not file modified waiver request earlier as “egregious misconduct.” Notice of apparent liability said that contrary to AT&T’s statement in original waiver petition, it had started to roll out its GSM network without location-capable handsets. FCC notice, which proposed $1.2 million fine for that portion of alleged violations, also said carrier had failed to make supplementary filing that informed Commission it would miss that part of Phase 2 deployment schedule.

Verizon Wireless signed 5-year agreement with TeleCommunication Systems (TCS), terms not disclosed, for Phase 1 and Phase 2 Enhanced 911 location service. Verizon said service would be delivered to 50% of its cell sites nationwide. Verizon said that as of April 15, it had rolled out Phase 1 E-911 service to 1,350 public safety answering points. Agreement brings together TCS’s existing contracts with several carriers that merged to create Verizon Wireless, including AirTouch, PrimeCo, GTE Wireless.

FCC Tues. released terms of $100,000 consent decree reached with AT&T Wireless on Enhanced 911 compliance of its TDMA network. Last month, Commission proposed to fine carrier $2.2 million for apparent violations of E911 Phase 2 rules for its GSM network. In case of its TDMA network, AT&T agreed to make $100,000 voluntary contribution under consent decree and to commit to timeline for deployment of network- based location technology in its TDMA network. In April, AT&T filed request for waiver of Phase 2 rules, proposing to roll out switch-based location technology for its TDMA network. In Sept., carrier modified waiver request, seeking instead to deploy network-based solution for its TDMA network. Commission said at time that because amended proposal didn’t leave agency enough time to consider filing before Oct. 1 deadline for deployment of network-based E911 Phase 2 technologies, it referred matter to Enforcement Bureau for possible action. Under consent decree, AT&T agreed to deploy Phase 2-compliant technology at minimum of 1,000 cell sites by Nov. 15 and to: (1) Deploy Phase 2- compliant technology at minimum of 2,000 cell sites and to provide Phase 2 service at all those sites by Dec. 31. (2) Roll out Phase 2 technology for at least 4,000 cell sites and provide Phase 2 service for them by June 30, 2003. (3) Roll out technology for at least 6,000 cell sites by Dec. 31, 2003, if needed to meet request of public safety answering point that had been pending for more than 6 months at that time. (4) Deploy Phase 2 E911 technology for at least 8,000 cell sites by June 30, 2004, if needed to meet PSAP request that had been pending for more than 6 months. Under agreement, carrier also agreed that for any valid PSAP request for Phase 2 service on its TDMA network received on or before Feb. 28, 2002, AT&T would provide Phase 2 solution to all of that PSAP’s coverage area by April 1, 2003. Agreement also calls for automatic fines if any benchmarks are missed. For first missed benchmark, AT&T Wireless would pay $300,000 to U.S. Treasury, $600,000 for 2nd missed benchmark, $1.2 million for 3rd and any subsequently missed target. Agreement also requires AT&T Wireless to make detailed quarterly reports to FCC.