Sprint PCS told FCC in Jan. 8 ex parte filing that even if Commission had lingering doubts about permanent forbearance of local number portability (LNP) mandate for wireless carriers, it at least should extend deadline until after number pooling was in place. Verizon Wireless in July had submitted forbearance petition for LNP requirements and Sprint PCS had urged agency to make decision by end of 2001. FCC rules require commercial mobile radio service carriers (CMRS) to support service provider LNP in top 100 metro areas by Nov. 24. That’s same deadline for when number pooling requirements kick in for wireless carriers. “It is critically important that CMRS carriers begin pooling in November 2002,” Sprint PCS said. “By contrast, there is no pressing need that LNP be implemented on that or any other date.” This year, wireless carriers also must put resources into implementation of Enhanced 911, Communications Assistance Act for Law Enforcement, TTY and other requirements, Sprint said. “Sprint PCS submits that CMRS carriers are being asked to do too much in the same time frame,” carrier said: “Again, the integrity of CMRS networks is being placed in jeopardy.” Sprint recommended that FCC: (1) Forbear from applying LNP mandate. (2) “Temporarily forbear for 3 years” if market conditions change, “reexamining the need for the LNP mandate beginning on the second anniversary of the temporary forbearance order.” Sprint said that alternative would let CMRS carriers focus on implementation of number pooling. “It will permit CMRS carriers to redivert capital from LNP implementation to expanding coverage and improving service quality [additional cell sites] and to deploying 3G networks and services -- the features that customers are demanding,” carrier said.

Qwest asked Colo. PUC to reconsider recent decision to write its own rules to reinforce 2001 state law that requires multiline business customers to notify their employees and other end-users about proper method for accessing 911 from their phone system’s extensions. PUC’s rule is targeted at systems that require dialing extra digits to reach outside line. PUC (Case 01R-422T) has proposed requirement for written instructions posted at each extension phone telling how to dial out to reach public 911 system. Qwest said state law left exact form and placement of notices up to individual businesses. It said PUC wasn’t required by state law to be involved in 911 notices and contended agency’s PUC intervention wasn’t necessary. PUC has until Feb. 1 to decide on Qwest’s motion.

As 2002 state legislative sessions get under way, sampling of prefiled and newly-introduced legislation indicates early interest in telemarketing, spam, phone rates, and car phone safety, along with other wireless issues.

Consumer Reports released results of Feb. story on cellphone quality, with Consumers Union (CU) Pres. James Guest charging carriers hadn’t lived up to their promises to subscribers. He said in conference call with reporters that enough disparity lingered between cellphone and fixed line service that customers shouldn’t give up their wireline phones. “What we are asking for at Consumers Union is for accountability from the cellphone industry to make good on their promises,” he said. Among differences are current inability of wireless subscribers to be able to call 911 and have operator pinpoint their exact location, Guest said. He said CU also took exception to petition pending at FCC that would have Commission forbear from local number portability requirements for mobile carriers. Verizon Wireless has forbearance request pending for requirement that takes effect Nov. 24 in top 100 metro statistical areas. Verizon has said it doesn’t seek similar relief from separate requirement with same deadline that mobile carriers participate in thousands- block number pooling. Guest said: “We call on the FCC to follow through and make it possible for someone to keep their phone number.” Gene Kimmelman, co-dir. of CU’s Washington office, said that based on finding of Consumer Reports research, Washington office would renew its call for FCC to take action on wireless policy areas such as Enhanced 911 and local number portability.

Granting CTIA’s petition for clarification, FCC explained that June 30 deadline for digital wireless providers to transmit 911 calls using TTY devices didn’t mean they had to support proprietary enhanced TTY protocols by that deadline. Thus, said FCC in order issued Dec. 28: “CTIA’s assertion that the Commission improperly imposed an obligation upon digital wireless carriers to incorporate support for proprietary enhanced protocols into their digital-TTY solutions by June 30, 2002 is incorrect.” CTIA had expressed concern because wireless industry was concentrating on 911 solutions for standard 45.45 Baudot protocol because there was embedded base of users there and TTY manufacturers were hesitant to share data on proprietary enhanced protocols, FCC said. However, Commission said, “cooperative broad-based industry coordination” had solved some of problem. “TTY manufacturers have now decided to modify their products so that they will default to Baudot when connected to digital wireless devices,” FCC said. “Accordingly, the implementation of digital wireless TTY solutions based on Baudot signaling will not preclude users of TTY’s with enhanced protocol features from placing 911 calls on digital wireless phones.”

Mich. PSC advised Ameritech that if it were to rule now on telco’s Sec 271 compliance, it would have to conclude Ameritech had flunked 4 of 14 points on Telecom Act’s local competition checklist. PSC said it issued preliminary report to “forewarn” Ameritech that it must “redirect” its efforts if it wanted agency to endorse interLATA long distance bid to FCC. PSC said Ameritech (Case U-12320) fell short of meeting Point 2 (access to network elements) because of serious inadequacies in handling unbundled network element (UNE) transfers when customer switched service from one CLEC to another. Those inadequacies could have “grave potential effect” on development of local competition, PSC said, and directed that Ameritech file by Jan. 9 its plan for addressing that “most serious” 271 compliance problem. PSC said Ameritech failed to meet Point 4 (local loop transport) for its handling of line splitting. It said Ameritech must allow separate migrations of voice and data portions of split line and must streamline ordering and provisioning processes for UNE platforms where line splitting is involved. Agency said Ameritech would flunk on Point 7 (access to 911 and directory assistance databases) because its DA listing charges weren’t cost based and Point 10 (access to signaling and network databases) because it wasn’t offering access to calling name database as separate UNE.

Verizon Wireless launched GPS-enabled wireless phone on its Web site Thurs. that provided location information to emergency services personnel when caller dialed 911. SCH- N300 phone made by Samsung automatically identifies calling location and wireless phone number when operating in area where Verizon Wireless network local 911 call center have been upgraded for E-911 Phase 2 service. Verizon Wireless said that by April 2002, 65% of population served by its network would be upgraded and entire area would be upgraded by 2nd quarter 2003. Samsung phone is example of “handset- based solution” for providing location information under FCC’s requirement for enhanced 911 (E-911) service.

Ariz. Attorney Gen. Janet Napolitano urged state regulators to deny support for Qwest’s Sec. 271 interLATA long distance entry bid. She said Qwest had exhibited pattern of “anticonsumer behavior that shows this company is not ready to do business with customers in the right way.” Napolitano cited lawsuit her office filed against Qwest in Oct. that charged cramming and deliberate misrepresentation of its services and rates in ads and in direct customer contacts. Suit also alleged Qwest set up its customer service operations in manner that made it hard for customers to obtain relief. Qwest has denied charges and filed motion to dismiss case, spokesman saying “excellent customer service is our top priority.” Napolitano also cited slamming lawsuit her office filed against Qwest last year that was settled out of court with consent agreement. Unless Qwest cleans up its act and deals fairly with consumers, she said, its long distance entry wouldn’t be in public interest. Napolitano acknowledged this was first time she had involved AG’s office in public policy matter: “It is unusual, but it’s important [for consumers] that we do this.” Meanwhile, commission continued its review of Qwest’s Telecom Act checklist compliance, ruling company had complied with Point 3 (access to poles, ducts and conduits) and Point 7 (access to directory assistance and 911 databases).

American Heart Assn. warned consumers Fri. that “not all cellphones connect callers to 911.” It advised consumers to make sure wireless carrier they were considering had addressed safety concerns before they purchase cellphones. Warning referred to conditional relief from deadline for Enhanced 911 Phase 2 capability granted by FCC to 5 major wireless carriers (CD Oct 9 p1). Relief followed nearly 70 requests for waiver that had piled up at Commission in advance of Oct. 1 deadline. “Most Americans assume that they can use their cellphones in an emergency. Unfortunately many cellphone companies are not properly hooked up to 911 systems,” Assn. spokesman said. Dialing 911 may connect customer with answering service rather than emergency authorities or call may be dropped, he said. Assn. urged consumers to ask wireless provider: (1) Does it provide wireless 911 connection in area. (2) Does it provide enhanced wireless service. Enhanced 911 service, required to provide 911 operator with location information, uses equipment upgrades that carrier may not have made in consumer’s area, it said.

Verizon Wireless withdrew its waiver petition for priority access service (PAS) at FCC, saying it was working with National Communications System (NCS) on “a more comprehensive, industrywide” solution. Verizon Wireless had been in talks with NCS to provide immediate term PAS, which first would require FCC waiver because certain agency guidelines couldn’t be met with currently available equipment. Verizon spokesman declined to say whether talks with NCS had broken off, but withdrawal would point to that result because waiver was needed before govt. contract could be signed. PAS service had been scheduled to start in Washington and N.Y. Dec. 10, although that date had passed without agreement between NCS and carriers. What Verizon withdrawal, submitted after close of business Thurs., does to pace of wireless PAS rollout that NCS had set following Sept. 11 attacks wasn’t clear late Fri., although VoiceStream said it still was talking with NCS about agreement. “We are planning to go ahead,” said Brian O'Connor, VoiceStream dir.- regulatory and legislative affairs. Comments are due at FCC tomorrow (Tues.) on VoiceStream waiver request for PAS that’s still pending.