FCC adopted maximum period, 9 months from now, for carriers to transition to routing 911 calls to public safety answering points (PSAPs) in areas where one has been designated, or to existing statewide established default point or local emergency authority. FCC addressed steps it would take to encourage and support states in their efforts to develop and implement end-to-end emergency communications infrastructure and programs for improved delivery of emergency authority. Commission also clarified that VHF public coast station licensees weren’t required to use 911 dialing for accessing emergency services to extent that they were providing maritime services.

FCC Wireless Bureau seeks comment on petitions for reconsideration on public safety answering point (PSAP) requests for Phase 2 enhanced 911. Sprint requested several amendments to Commission’s documentation requirements, including that PSAPs be required to use standardized interface between carrier’s mobile positioning unit and automatic identification location (ALI) database, and that PSAPs obtain LEC’s commitment to complete necessary ALI database upgrades within 6-month period. Cingular said language of Commission’s amendments contradicted previous statements allegedly indicating actual readiness prerequisite for PSAP request. Comments are due Jan. 11.

FCC Comr. Abernathy stressed role that wireless spectrum plays in homeland security, in speech Tues. to Conference on Homeland Defense in Washington. She cited “serious interference issues” that exist between public safety and commercial wireless operators in 800 MHz band. Recent spectrum swap proposal floated at agency by Nextel (CD Nov 23 p1) offers “one possible solution,” although Abernathy said she didn’t necessarily back that plan: “It is my hope that the FCC can promptly generate an NPRM that looks at the interference issues at 800 and outlines various possible solutions… This is particularly important in that consolidation of public safety licensees in the 800 MHz band also offers the potential to expand on our ongoing efforts to create some national interoperability bands and provides additional spectrum for public safety.” At press breakfast earlier Mon., Abernathy said she expected that NPRM would examine broader set of potential solutions than one proposed by Nextel. Nextel proposal would realign frequencies at 700, 800 and 900 MHz, giving public safety users access to 20 MHz of contiguous spectrum in lower 800 MHz band. While public safety officials have given warm reception to plan, private wireless users have expressed concern over issues such as how they would be compensated for relocation. Other questions have involved giving Nextel spectrum, under plan in which it would pay up to $500 million for public safety users to relocate but wouldn’t pay for spectrum they were receiving. Instead, plan would involve swap for bands they are giving up at 800 MHz and elsewhere. “Significant concerns have been raised about the idea of ‘compensatory’ spectrum being provided from the 2 GHz MSS bands, and I will need to look more closely at the record regarding our approach to incumbent private wireless operators in the band, particularly that spectrum used by critical infrastructure licensees,” Abernathy said: “But the bottom line is that the interference issues at 800 MHz need to be solved, and Nextel, to its credit, offered one possible solution.” Under its plan, Nextel would swap 4 MHz in 700 MHz band, 8 MHz of specialized mobile radio spectrum at 800 MHz and 4 MHz in 900 MHz band. Nextel then would receive 6 MHz in upper 800 MHz band and 10 MHz in 2.1 GHz band. As for 24 MHz set aside for public safety in Ch. 60-69 spectrum, Abernathy said FCC faced constrained options for expediting exit of analog TV broadcasters out of that band: “Although I understand the concerns raised about paying broadcasters to move, I continue to believe that, based on our existing statutory authority and the limited options available, a policy that promotes voluntary commercial transactions to clear this band is the best approach.” She also said proposal for globally identified public safety bands was on agenda at 2003 World Radio Conference (WRC). “If the WRC is to designate international public safety bands, I believe it is essential that the 60-69 band be at least one of the ones identified.” Abernathy said she supported “flexible approach” to pending waiver requests at FCC from VoiceStream and Verizon Wireless on wireless priority access service (PAS). Agency may need to take another look at its PAS rules if waiver requests reflect potential shortcomings, she said. “These are difficult issues,” she said, citing questions such as how priority access interacted with Enhanced 911. “And what other spectrum management issues are implicated? We should not keep rules on the books if they don’t make sense and if we receive a constant flow of waiver requests that may indicate a need for changes.” Carriers and govt. users still are “feeling their way” on best approach to PAS, she said.

Ranking House Commerce Committee Democrat Dingell (Mich.) and Rep. Markey (D-Mass.) asked FCC for more details on proposed NextWave settlement, which will be focus of House Telecom Subcommittee hearing today (Tues.) Dingell and Markey, who is ranking subcommittee member, asked Commission to furnish details by 6 p.m. Mon. on settlement reached among U.S., Jan. re-auction winners in C-block auction and NextWave. In letter written Fri. to FCC Chmn. Powell, Dingell and Markey said settlement and implementing legislation would “have profound implications for the American taxpayer and for future telecommunications and spectrum management policy.” They said they were seeking more information as part of settlement parties’ request for “expedited consideration” of implementing legislation. Key caveat of NextWave settlement, which would provide $10 billion to U.S. Treasury, is that implementing legislation be passed by Dec. 31. Among 18 questions that Markey and Dingell posed to FCC were: (1) How much money NextWave would receive from settlement before and after federal taxes. (2) Which rules FCC would need to waive to put settlement agreement into effect. (3) What steps FCC has taken on petition filed over summer by Alaska Native Wireless, Verizon and VoiceStream, which sought probe of eligibility of NextWave to hold C- and F-block licenses. (4) Whether FCC was satisfied that NextWave now was qualified licensee under designated entity and foreign ownership rules at FCC. (5) Whether FCC had evaluated NextWave’s financial structure submitted to U.S. Bankruptcy Court, White Plains, N.Y., in Aug. (6) Whether Commission had examined how proceeds of settlement that NextWave would receive would be distributed between its control group and noncontrol group investors. Dingell and Markey noted that Powell had described settlement as resolution that would maximize public interest. “We, too, support a public interest resolution to this matter and are curious as to what public interest conditions the Commission sought to obtain in the settlement agreement with the parties,” letter said. It asked whether settlement would impose conditions on carriers that would receive NextWave licenses, such as whether they would expedite deployment of Enhanced 911 technology. Senate Commerce Committee Chmn. Hollings (D-S.C.) released “Dear Colleague letter Mon. expressing his opposition to the proposed resolution of NextWave spectrum auction case. Hollings described arrangement as “private, back-room settlement [that] is fundamentally at odds with telecommunications and has been presented to us at the eleventh hour.” He urged members not to “legislate a scam,” which he said would happen if Congress acted hastily on matter: “There is no reason for Congress to legislate this settlement. Congress doesn’t legislate FCC decisions. Regardless, since the 2nd Circuit Court found for the FCC and the D.C. Circuit found for NextWave, why should we legislate the wrong result?” Meanwhile, House Telecom Subcommittee released witness list for Tues. NextWave hearing, 3 p.m., Rm. 2123, Rayburn Bldg.,: FCC Chmn. Michael Powell, Verizon Wireless CEO Denny Strigl, NextWave Gen. Counsel Frank Cassou, Urban Communicators Corp. Secy. James Winston.

Draft bill for 2002 Del. legislature would ban use of handheld mobile phones while driving (see separate story). State Sen. Joseph Miro (R-Pike Creek Valley), bill sponsor, cited “a tremendous increase in cellphone-related accidents” as reason for trying again to get cellphone use restriction bill passed; similar legislation in House this year failed. Under draft bill, not yet assigned number, police would issue warnings for first 30 days after effective date. After that, first offenders would face fines up to $100 unless they could prove they were placing call to 911 or other emergency number. Miro said he hoped his bill would encourage use of hands-free mobile phones, whose use by drivers would be legal, and thereby lead to safer travel and fewer accidents. Other legislators, however, say case against handheld cellphones is by no means airtight and they are but one of many driver distractions that need to be addressed. Verizon Wireless said it preferred consumer education over legislation and said any bill should contain phase-in period to allow consumers chance to obtain hands-free phone models. This year saw more than 130 cellphone bills introduced in 43 states, National Conference of State Legislatures said, but the only one that made it into law was in N.Y.

Pending FCC inquiry into technical and operational issues involving deployment of Enhanced 911 has taken on “new urgency,” public safety groups told agency’s Wireless Bureau Chief Thomas Sugrue Nov. 29. Assn. of Public-Safety Communications Officials International, National Assn. of State Nine-One-One Administrators and National Emergency Number Assn. cited recent decision by FCC to name former Office of Engineering & Technology Chief Dale Hatfield to head inquiry. “The promised review has taken on a new urgency with the recent disclosures from several wireless carriers that they are unable to meet the performance benchmarks of their newly granted waivers of the Phase 2 requirements in the wireless E911 rules,” groups wrote. FCC recently opened comment period for petitions filed by Cingular, Nextel and Verizon Wireless seeking reconsideration of certain parts of orders on their E911 Phase 2 waiver requests. Petitions contend that Commission improperly adopted strict liability standard for future compliance.

Deputy Defense Secy. Paul Wolfowitz asked Commerce Secy. Donald Evans to advocate delay in final regulatory decision on ultra-wideband (UWB) until “at least February.” Expectation of some industry observers had been that UWB could be taken up at FCC’s Dec. 12 agenda meeting, although timing was unclear because NTIA still must submit final input to FCC on rulemaking, sources said. FCC Chmn. Powell told House Appropriations Subcommittee earlier this year that Commission could issue UWB rulemaking by year-end, although he said at time that agency was awaiting final evaluation from govt. on UWB interference issues (CD May 23 p7). In letter to Evans last week, Wolfowitz said DoD’s review of preliminary draft of FCC’s UWB rules “indicates they will not provide adequate protection for GPS and other critical DoD systems… They also raise significant national spectrum management policy issues such as the intentional operation of nonlicensed devices in nationally restricted bands and in internationally designated passive-only bands.” Several sources said item on UWB began circulating on 8th floor at FCC earlier this week.

Mass. Senate passed bill to establish new board to manage statewide deployment of enhanced 911 emergency calling service. With 2001 session concluded, bill (SB-1920) will carry over to 2002 session that convenes Jan. 2 and will be taken up by House Science & Technology Committee. Measure would establish state E911 board to promote and coordinate landline E911 service. Board would be charged with establishing E911 standards, overseeing E911 administration and developing systems for use by local 911 agencies to make 911 accessible to disabled persons. Legislation also would establish new fund, administered by E911 board, to support statewide deployment of wireless E911 service. Fund would be supported by 30-cent monthly surcharge per wireless number.

Wash. Utilities & Transportation Commission (WUTC) tentatively approved new notice rules for telecom carriers that planned to discontinue service in state. Rule (Case UT- 010558) requires exiting carrier to give 30-day notice simultaneously to customers, WUTC, state’s 911 coordinating agency, incumbent telcos that provide carrier with unbundled network elements or wholesale services for resale, national numbering plan administrator. Rules also spell out information that must be in each notice, such as intended termination date, contact information, relevant refund or credit information. WUTC staff must draft official text of rule for final adoption, expected most likely in mid Dec.

FCC named former Office of Engineering & Technology Chief Dale Hatfield Tues. to head inquiry into technical and operational issues involving deployment of Enhanced 911 (E911). Inquiry was among steps that FCC said it would take to examine rollout of E911 when it granted waiver requests of 5 national wireless carriers and began enforcement investigations against Cingular Wireless and AT&T Wireless (CD Oct 9 p1). FCC said inquiry would look into information from technology vendors, network equipment and handset-makers and public safety officials. It said that while parameters of inquiry would be shaped in coming weeks with help of Hatfield, at outset it would focus on technology standards issues, hardware and software development and supply conditions. Separately, FCC opened comment period for petitions filed by Cingular, Nextel and Verizon Wireless seeking reconsideration of certain parts of orders on their E911 Phase 2 waiver requests. Petitions contend that Commission improperly adopted strict liability standard for future compliance.