National Emergency Number Assn., Assn. of Public-Safety Communications Officials-International and National Assn. of State Nine One One Administrators recommended to FCC 6-month delay in wireless local number portability (LNP) deadline of Nov. 24. Verizon Wireless has asked FCC to forbear on requirement that wireless carriers implement LNP by Nov. 24 in 100 largest metropolitan statistical areas. Carrier hasn’t sought delay of Nov. 24 deadline for thousand-block number pooling. Leap Wireless and state PUCs have objected to Verizon request, while large carriers have backed either delay or forbearance. Public safety groups said they were concerned only about how LNP implementation could affect E911 service. Besides 6-month LNP delay, groups last week also urged FCC to consider: (1) Requiring wireless carriers to share mobile identification number (MIN) and mobile directory number (MDN) data for 911 purposes. MIN/MDN separation in LNP context refers to network and subscriber elements of cellphone number. MIN is nondialable 10-digit number that identifies subscriber handset and plays signaling role on network. MDN is dialable 10-digit number that is customer’s phone number. (2) Requiring successful 911 testing before wireless pooling/portability implementation. Groups said that in Jan. they had urged FCC to take oversight of wireless LNP/pooling tests to include national requirement for appropriate 911 testing and have carriers provide proof of successful 911 tests before LNP implementation. “As the deadline is now 3 months closer and there has not yet been any successful intercarrier testing of wireless number portability/pooling, we reiterate our request,” groups said. They said wireless subscribers that had pooled numbers should have 911 service comparable with those with nonpooled numbers.

IDT Winstar and Bell companies exchanged fire at FCC this week over terms of interconnection agreements to which RBOCs must be held for fixed wireless provider that has emerged from Chapter 11 protection. Last month, IDT completed acquisition of remaining stake in Winstar, giving it 100% ownership of company that filed for bankruptcy year ago. IDT Winstar filed emergency petition April 17 for declaratory ruling at FCC, citing “immediate threats” from Verizon and Qwest to deny or delay providing facilities. Winstar argued that Communications Act and FCC rules required those facilities and services to be furnished to company. But RBOCs countered that federal bankruptcy law required IDT Winstar to assume and cure past debt on contracts taken on by pre-Chapter 11 Winstar. Qwest told FCC this week: “IDT’s actions have been carefully orchestrated to migrate Old Winstar customers onto its purchased network under terms that disregard the bankruptcy laws, as well as Qwest’s tariff provisions and operational processes.” Meanwhile, General Services Administration (GSA) weighed in at Commission, contending uninterrupted service to federal customers provided by Winstar was “critical” and in some cases had national security implications.

FCC Wireless Bureau seeks comment on ACS Wireless'(ACSW) petition for waiver of deadline by which digital wireless systems must be capable of transmitting 911 calls from TTY devices. ACSW requested a waiver for its Time Division Multiple Access (TDMA) network because it’s in process of deploying Code Division Multiple Access (CDMA) network to comply with build-out requirements for its 3 PCS licenses, and plans to migrate all of its present customers to CDMA technology and phase out use of its other equipment. ACSW said cost of deploying TTY-compatible software in both its TDMA and CDMA networks simultaneously was prohibitive because of other regulatory mandates with which it must comply and high costs of providing service to its largely rural customers. Comments are due May 20, replies May 30.

Citing U.S. Appeals Court, D.C., decision involving biennial review of broadcast ownership rules, CTIA petitioned FCC late Mon. to eliminate “unnecessary regulations” in policy areas such as local number portability (LNP) and Enhanced 911 (E911). Earlier this year, Commission appealed to D.C. Circuit, seeking rehearing of Fox ruling that overturned FCC’s cable-TV station cross-ownership ban (CD Feb 20 p1). Decision is seen as potentially changing burden of proof FCC must use in determining whether rules should be kept or eliminated under biennial reviews. FCC Chmn. Powell has raised concerns that biennial review standard could evolve under ruling from Commission’s having to prove why it eliminates regulation to also include why rules should be kept (CD Feb 21 p1). CTIA Pres. Tom Wheeler said Tues.: “The Fox decision gave clear direction to the FCC: Prove a regulation is vital and indispensable or get rid of it.” Wheeler said CTIA wanted to “help” FCC meet new standard by “jump-starting the 2002 biennial review process.”

FCC issued report and order Mon. requiring wireless carriers to use new code to alert public safety answering point (PSAP) when 911 call is made from handset that lacks callback capability. Order targets noninitialized phones -- those not registered for service with wireless operator. Because carriers typically assign dialable number to handset after customer signs service contract, that means noninitialized phones lack number for PSAPs to call back for more information when 911 is dialed. Those phones include 911-only units and unsubscribed cellphones distributed by carrier-sponsored programs to domestic violence victims and other groups. Order requires carriers to program noninitialized phones with 123-456-7890 as “phone number” that will be used to notify PSAP that 911 call is coming from wireless phone without callback capability. Commission also: (1) Required carriers to complete network programming needed to deliver that phone number from noninitialized or 911-only phone to PSAPs. (2) Mandated that phones be labeled to provide notification of lack of callback capability. (3) Required public education programs to inform users of limits of noninitialized phones. Those steps “will alert the parties involved in a wireless 911 call of the need for quick information as to the caller’s exact location, thus increasing the likelihood that emergency services can be dispatched quickly to save lives, while imposing limited burdens on wireless carriers and manufacturers of 911-only telephones,” FCC said. In 1997, Commission issued Enhanced 911 order that required commercial wireless carriers to forward all 911 calls to PSAPs, regardless of caller’s subscription status. New order Mon. said that since then, donation programs had been created by carriers in which old cellphones were collected by groups and donated to individuals who needed them, such as elderly. Also new are 911-only phones. FCC said that when PSAP received call from noninitialized phone, incorrect number or no number might be received. It said it had no evidence of scope of 911 traffic generated by such phones. Based on lack of data and on evidence that technical solution would require significant network changes at substantial cost, FCC said it wasn’t imposing callback solution on carriers “at this stage.” On labeling requirement, it said carriers “must design a prominently displayed and clearly worded label and affix it to each donated or manufactured noninitialized handset.” Label should alert caller that phone can be used only to dial 911, that 911 operator won’t be able to call user back and that user should convey exact location of emergency quickly. FCC said that if problem on scope of callback issue were backed up with more data and “proves to be much larger than it presently appears,” particularly when E911 Phase 1 is ubiquitous, Commission will revisit issue of requiring technical solution. In separate statement, Comr. Copps said he was pleased FCC would conduct separate proceeding on issue of E911 compliance for increasing number of wireless service that subscribers could use for 911 calls but weren’t traditional cellphones. “These include ‘911-only’ phones and disposable phones,” he said. “Not only must we address the responsibilities of providers of these phones to provide public safety functionalities, but we also must address the challenges some of these services create for the public safety community. I am particularly concerned with the problem of mistaken or frivolous 911 calls that can not be identified because they originate from non-service- initialized phones.”

With deadline 2 months away for FCC action on Verizon Wireless petition for relief on local number portability (LNP), 8th floor has yet to reach final agreement on right time period for delay, according to many sources. Verizon petitioned July 26 for forbearance on requirement that commercial mobile radio service providers support wireless LNP in top 100 metropolitan statistical areas by Nov. 24. FCC must act on forbearance petition within one year of filing date or forbearance is granted automatically unless Commission votes 90-day extension for decision to be made. Agency now appears to be spread between Chmn. Powell and Comr. Abernathy backing delay of 1-2 years and Comrs. Copps who is said to support 3-month delay, if any, and Martin, who favors 6 months, several industry sources said. At least one source said vote on forbearance item, which is on circulation on 8th floor, still could come fairly quickly.

Taxation-related telecom bills advanced in Fla., Ill., Kan. Fla. Gov. Jeb Bush (R) signed bill (HB-1487) shielding from public disclosure any information collected by taxing authorities auditing telecom provider. Previously, tax audits of telecom carriers were public matters under state’s open govt. laws. New law applies retroactively to tax audits begun before its effective date. Ill. legislature passed bill (HB-5709) to clarify application of local 911 taxes on PBX network connections. Bill sent to Gov. George Ryan (R) specifies that local govts. can assess 911 surcharge per PBX trunk that’s 5 times the per-line rate. Bill is intended to clear up statutory ambiguity over whether PBX trunks must pay higher 911 tax than single lines. Kan. legislature passed bill (SB-372) to conform state wireless taxation laws with federal law. Bill sent to Gov. Bill Graves (R) would make wireless services taxable at subscriber’s place of primary use, typically home or workplace, regardless of where wireless call actually took place.

SBC/Southwestern Bell asked Tex. PUC for 911 rule authorizing it to provide E-911 answering points with number and location identification data on CLEC customers and unlisted-number customers for database verification purposes without CLECs’ or customers’ consent. SBC’s request (Case 25717) arose from request made by Tarrant County to SBC last fall, seeking number and location data on all SBC and CLEC customers in county so it could verify accuracy of its E-911 databases. SBC said it couldn’t supply complete list county wanted because its interconnection agreements with CLECs didnt allow it to share CLEC numbers with 3rd parties without CLECs’ consent and some CLECs objected. SBC also said Tex. rules prohibited it from releasing unlisted numbers to E-911 answering points unless customer had placed 911 call. In another Tex. matter, AT&T offered regulators settlement of slamming and cramming complaints. Under agreement (Case 23371) between AT&T and PUC’s consumer protection staff, which must be approved by PUC, AT&T would pay $500,000 fine plus $250,000 in victim restitution on more than 600 complaints filed with PUC between Oct. 1998 and last month. AT&T also would conduct customer education campaign on how to cancel AT&T’s services and halt billing. Settlement is far below $3.8 million fine PUC consumer staff proposed last Sept.

Alliance for Telecommunications Industry Solutions (ATIS) announced technical forum to address wireless Enhanced 911 (E911). Emergency Services Interconnection Forum will determine best practices necessary to deploy E911 services with emphasis on interconnections among carrier, public safety and other networks, ATIS said. Members include wireless carriers, location technology vendors, public safety, handset and wireless equipment manufacturers, local exchange carriers. Group said it would require support of state and local govt. and FCC. First meeting will be May 7-8 at ATIS hq in Washington -- www.atis.org.

Top Transportation Dept. officials, including Secy. Norman Mineta, urged public safety officials, wireless industry and local govts. to step up implementation of Enhanced 911. Mineta, DoT Chief of Staff John Flaherty and National Highway Traffic Safety Administrator Jeffrey Runge spoke at E911 summit in Arlington, Va. Mon. “Events of Sept. 11 highlight the need to be able to quickly and precisely locate people when they make 911 calls on cellular phones,” Mineta said. “When people are injured, response time is critical in determining survivability, and bringing experts together like this will help expedite deployment of wireless E911.” Summit participants included representatives of CTIA, Assn. of Public Safety Communications Officials International, National Assn. of State 911 Administrators, FCC, International Assn. of Chiefs of Police, National Governors Assn., National Conference of State Legislatures. Mineta convened E911 summit and gave keynote lunch speech. CTIA said summit’s Wireless E911 Steering Council called for implementation of programs for model location, knowledge transfer and outreach. “Establishing statewide representatives to coordinate E911 implementation will help the wireless industry get the job done,” CTIA spokeswoman said. Industry source said Mineta’s comments focused, in part, on 40,000 lives lost on roadways each year and extent to which broader E911 deployment could help mitigate highway accidents. Model program to which summit participants committed would involve up to 8 states, as yet unnamed, source said. Program would focus on rapid deployment of E911 programs in those states, which could provide lessons learned for states whose rollouts weren’t as far along, source said.