Assn. of Public-Safety Communications Officials (APCO) released results of survey of officials that said 80% of respondents believed coordination among public safety agencies was critical to solving interoperability problems. APCO survey said 28% of respondents cited new technology development as important in addressing communications interoperability issues, with 17% pointing to need for more spectrum. APCO said 58% of respondents called funding most important issue affecting public safety community, while 26% said Enhanced 911 was most important issue. APCO said: “Since the September 11 hijackings, public safety communications agencies have experienced increased anxiety among callers, increased reports of suspicious activity and increased questions from citizens concerning security precautions or advisories.”

FCC received more than dozen petitions for reconsideration of its March ultra-wideband (UWB) order, seeking review on wide array of issues, ranging from power limits to transparency of device testing that Commission had planned over next year. Petitions reflected similar split of views that had made original proceeding controversial, including filings from numerous UWB developers that cited types of devices that couldn’t be deployed under certain provisions they argued were more restrictive than needed to protect against interference. Among companies that urged FCC to tighten certain power limits and not add flexibility to others were Sprint, Cingular Wireless, XM Radio, Sirius Satellite Radio, Satellite Industry Assn., Air Transport Assn., Qualcomm. They cited continuing interference concerns, characterizing limits of final order as insufficiently protective for systems such as GPS, PCS wireless systems, satellite radio.

AT&T Wireless asked FCC for limited waiver of June 30 deadline for digital wireless systems to be able to transmit 911 calls from text telephone (TTY) devices. AT&T told Commission it had encountered system bugs with Nokia software that it was deploying in GSM markets but that problems hadn’t affected rollout in its TDMA markets. AT&T Wireless said multiple errors in Nokia software that contained TTY solution affected only part of its GSM network. Because “vast majority” of its subscribers are on its TDMA wireless network, it said, “any customer seeking TTY compatibility will be able to receive nationwide service” at comparable price on network. AT&T Wireless told agency it wanted extension for affected GSM markets for 3 months after date that Nokia delivered product for deployment. It said it received delivery of partly corrected software for lab testing Mon. If corrected software passes critical lab and field tests, carrier said it expected to roll out TTY solution in all operational GSM markets using that equipment by Sept. 30. AT&T Wireless said it didn’t foresee any problems in meeting June 30 deadline in its Ericsson TDMA markets. All Lucent TDMA markets have been fully enabled and all but 2 Nortel markets have TTY solutions deployed, with rest expected to receive upgrades this week. In June 7 filing, AT&T said Ericsson solution was 70% deployed and it expected to complete rollout in 2 weeks. Problems with Nokia solution surfaced in late April during field verification tests, AT&T said, and by May 15 eight errors had been pinpointed. Some bugs damaged network capacity or performance, “directly impacting basic voice and data services for customers,” company said. “Others created complete network failures.”

Qualcomm, Verizon Wireless and Cingular Wireless stressed to FCC Office of Engineering & Technology last week need for collaborative testing as part of FCC’s planned review of ultra-wideband (UWB) rules it adopted earlier this year. Commission plans to conduct testing in next 6-12 months to assess limits it placed in Part 15 rules on UWB devices and ascertain whether any changes need to be made to requirements. Wireless companies said in May 24 ex parte filing they believe “that such testing is necessary to determine the extent of harmful interference from UWB devices to wireless phone service.” Wireless companies during UWB proceeding raised concerns about potential interference from UWB devices to Enhanced 911 service that use Assisted GPS technology. Companies told OET that “protecting the GPS band is insufficient to ensure that E911 service is not degraded as a result of UWB emissions, but rather that E911 service also needs a reliable communications link to operate successfully.” Filing said FCC officials indicated concerns in meeting about “the availability of equipment for testing of the interference from UWB devices to E911 service.” Wireless firms said they would make any needed equipment available to agency for testing. Filing also said Commission officials said they had no current plans to undertake testing of harmful interference from UWB devices to wireless phones. “They said that they were not aware of any evidence that the impact of UWB emissions on wireless service was any different than the impact of Part 15 devices,” filing said. FCC also said it was interested in testing to ascertain ambient noise levels inside buildings.

Telecom bills became law in Kan. and Minn., while Cal. Assembly advanced new bill to limit state PUC’s price capping power. Kan. Gov. Bill Graves (R) signed bill (SB-467) to regulate spam, requiring that unsolicited e-mail ad messages include “ADV:” at start of subject line and bans false or misleading information in subject line. Only exception would be where recipient has existing business relationship with sender or has authorized sender to e-mail its ads. New law also bans sending spam to recipients who have given notice that they no longer want to see sender’s commercial messages. Violators face fines up to $10,000 per offending message. Minn. Gov. Jesse Ventura (Ind.) signed bill (SF-2392) to streamline 911 service reimbursement process and make numerous changes in 911 service standards to reflect changes in telecom technology. New law removes Minn. PUC from 911 reimbursement process. Previously, PUC signed off on reimbursements to service providers that provided actual 911 telephone services to local governments. Measure emerged from conference committee shorn of controversial House amendment that would have appropriated money from state’s general fund to support 911 answering points. Cal. Assembly passed price cap restriction bill (AB-2898) that would go beyond just continuing suspension of sharing and indexing for Pac Bell and Verizon as provided in cap bill (AB-2958) Assembly passed last week. New bill would bar imposition of sharing or indexing on any price-capped incumbent telco. Bill, if it became law, would require PUC to modify cap plans currently applied to Roseville Telephone and Citizens Telecom to eliminate their sharing and indexing provisions. That bill faces roughly same supporters and opposition as AB-2958, which is pending before Senate Energy, Utilities & Commerce Committee.

AT&T Wireless said it planned to contest FCC’s proposal to fine company $2.2 million for apparent violations of Commission’s Enhanced 911 Phase 2 rules for its GSM network. Agency released notice of apparent liability Mon. following FCC Enforcement Bureau investigation into whether AT&T Wireless had violated Phase 2 rules. In April 2001, AT&T Wireless had filed Phase 2 waiver request, proposing to construct new GSM network and put in place hybrid handset- and network-based location technology for that portion of its network. It had outlined plan to provide location-capable handsets to all GSM subscribers so GSM network could provide Phase 2 location service from time of its deployment. Carrier had sought limited waiver of certain Phase 2 accuracy requirements, request that Commission granted on temporary, conditional basis in Oct. 2001. FCC said Enforcement Bureau began probe after “receiving reports that AT&T Wireless had, contrary to its statements in connection with its waiver request, already begun to deploy its GSM network without location-capable handsets,” Commission said. It said it concluded AT&T Wireless had violated its E911 rules by: (1) Failing to begin selling and activating location-capable handsets by Oct. 1, 2001, “without requesting a waiver and after telling the Commission that it did not need such a waiver.” (2) Failing to implement, without seeking waiver, any network or infrastructure upgrades needed to provide E911 Phase 2 service and to begin providing Phase 2 service within 6 months of valid request by public safety answering point or by Oct. 1. Carrier didn’t seek waiver and told FCC that it didn’t need one, Commission said. (3) Not notifying FCC within 30 days that information in its E911 waiver request no longer was “substantially accurate and complete.” Agency said: “Specifically, AT&T Wireless never informed the Commission that, contrary to statements in connection with its pending waiver request, it had in fact begun deploying its GSM network without location-capable handsets.” It said carrier appeared to have violated Oct. 2, 2001, order granting it E911 waiver for its GSM network by failing to make supplementary filing telling FCC it wasn’t going to comply with Phase 2 rollout schedule requirements. FCC proposed $500,000 fine apiece for first 2 apparent violations and $1.2 million fine for final set. AT&T Wireless spokeswoman said: “We are firmly committed to bringing the next phase of E911 service to our customers and we have pledged to beat the FCC’s deadline for full compliance with its Phase 2 mandate by one year for our GSM network.” She said that meant that carrier had told FCC it would meet Phase 2 requirements by Dec. 31, 2004, instead of required date of Dec. 31, 2005. “We have devoted significant resources toward deploying E911. It’s not just technically complex. It’s also made challenging because there are circumstances beyond our control -- namely, vendors.” In some cases, vendors haven’t lived up to their commitments to supply E911 Phase 2- compliant handsets by particular date, she said. In Oct., FCC had approved E911 Phase 2 waiver requests for most national carriers and GSM portions of AT&T and Cingular Wireless plans. Agency had said Cingular and AT&T had submitted compliance plans for TDMA parts of their networks too late for FCC to act on them. It has yet to release order on pending E911 issues on TDMA portion of AT&T Wireless network.

Minn. legislature passed bill (SF-2392) to streamline 911 service reimbursement process and make multiple changes in 911 service standards to reflect changes in telecom technology. Bill would remove state PUC from 911 reimbursement process. Currently, PUC must sign off on reimbursements to service providers that provided actual 911 telephone services to local govts. Bill sent to Gov. Jesse Ventura (Ind.) emerged from conference committee shorn of controversial House amendment that would have appropriated money from state’s general fund to support 911 answering points.

Telecom bills became law in Conn. and Okla. and passed legislatures in Kan. and Mo. Conn. Gov. John Rowland (R) signed telecom billing reform legislation (HB-5430) that requires local service providers to clearly and conspicuously identify charges on phone bills that must be paid in order to avoid local service disconnection. Law also: (1) Bars carriers from identifying any charge as tax unless it’s directly assessed on customer by taxing authority. (2) Requires carriers to inform customers in writing when removal or change in any telecom service will cause them to lose discounts or alter their rates and when customers are receiving service under promotional rates and terms of limited duration. (3) Requires notice be given when customers subscribe or change their services and annually after that. (4) Directs state regulators to determine whether all telecom carriers should be compelled to provide customers with advance notice of any rate increases or service changes and what notice period would be appropriate. Okla. Gov. Frank Keating (R) signed bill (SB-963) authorizing local govts. to bill late charges to telecom companies that were late in remitting 911 fees collected from customers. Under new law, which takes effect Nov. 1, telecom carriers that remit fees more than 30 days after close of month in which fees were collected are liable for 10% late charge. Late fee accrues at 10% monthly until collections are remitted. Kan. legislature passed bill (SB-467) to regulate spam. Measure sent to Gov. Bill Graves (R) would require unsolicited e-mail ad messages to include “ADV:” at start of subject line and would prohibit false or misleading information in subject line. Only exception would be where recipient has existing business relationship with sender or has authorized sender to e-mail its ads. Bill also would ban sending spam to recipients who had given notice that they no longer wanted to see sender’s commercial messages. Offenders would face fine up to $10,000 per offending message. Mo. legislature passed bill (HB-1890) to conform state wireless taxation laws to federal Mobile Telecom Sourcing Act. Bill sent to Gov. Bob Holden (D) would make wireless services taxable at subscriber’s place of primary use, typically home or workplace, regardless of where call actually occurred.

FCC and Cingular Wireless entered consent decree that ends Commission probe into whether carrier violated Enhanced 911 Phase 2 rules. Under agreement, Cingular will pay $100,000 to U.S. Treasury and agreed to make automatic payment of $300,000 if it missed first benchmark in consent decree, and up to $1.2 million starting at 3rd missed benchmark. In Oct., FCC approved E911 Phase 2 waiver requests for Nextel, Sprint PCS, Verizon Wireless and GSM network portions of AT&T’s and Cingular’s plans. But at that time, agency said Cingular and AT&T had submitted compliance plans for existing TDMA portions of their networks too late for Commission to act on them and issue was referred to Enforcement Bureau. FCC hasn’t released order on pending AT&T Wireless issues. Under Cingular consent decree, carrier agreed to deploy technology that complied with Phase 2 at minimum of: (1) 1,000 cell sites by Nov. 15. (2) 2,000 cell sites with provision of Phase 2 service at all these sites by Dec. 31. (3) 4,000 cell sites with provision of Phase 2 service at all these sites by June 30, 2003. (4) 6,000 cell sites by Dec. 31, 2003, “if necessary to meet a PSAP [public safety answering point] request pending more than 6 months as of that date.” (5) 8,000 sites by June 30, 2004, if needed to meet PSAP request pending more than 6 months at that time. Cingular agreed “its classification of a PSAP request as invalid will not insulate it from enforcement action if the Commission determines that the request was valid.” Starting Aug. 1, Cingular agreed that when it submitted quarterly E911 progress reports to FCC it would outline how it would prioritize PSAP requests for E911 service and deploy Phase 2 compliant service in TDMA, AMPS (Advanced Mobile Phone Service Networks) and TDMA/AMPS markets. “It is critically important that all the participants in our quest for full Phase 2 E911 compliance do their part to move forward in protecting American consumers,” FCC Chmn. Powell and Comrs. Abernathy, Copps and Martin said in joint statement. “For carriers, this means meeting the benchmarks and deadlines set by the Commission. For public safety answering points, this means equipping facilities so that they are prepared to receive Phase 2 information as quickly as possible. For the Commission, this means enforcing our mandates.” In July 2001, Cingular filed waiver request at FCC for E911 Phase 2 rules in which it proposed to use switch-based location technology for TDMA network. In July, Cingular withdrew part of waiver request that applied to TDMA network, resubmitting that portion in Aug., as well as compliance plan for its TDMA network. Carriers, before waiver requests, had faced Oct. 1, 2001, deadline for deploying E911 network-based technologies. Consent decree between Cingular and FCC also entails deadlines by which Cingular must provide E911 Phase 2 service to PSAPs that submit requests. For example, for valid PSAP requests received after Sept. 30, Cingular must provide Phase 2 compliant service to 50% of coverage area of those PSAPS within 6 months of receiving request and to 100% of those coverage areas within 15 months.

Okla. legislature passed bill (SB-963) that would give local exchange carriers 30 days to remit 911 surcharge collections to local govt. Under bill sent to Gov. Frank Keating (R), if carrier hasn’t remitted collections more than 30 days after close of month in which fees were collected from customers, it must pay 10% penalty to locality. Penalty would accrue at 10% monthly until collections were remitted.