CTIA said Tues., at opening of Wireless I.T. show in San Diego that it planned to “work closely” with public safety community on wireless Enhanced 911 location technology. Calling E911 “team effort,” CTIA Pres. Tom Wheeler said “there needs to be equivalent commitment on the part of public safety agencies to upgrade their facilities to handle this information.”

After Tues. airborne attacks on World Trade Center and Pentagon, major cellular and wireline networks were faced with heavy congestion, but most infrastructure remained operable. Several carriers reported destruction of equipment from attacks in N.Y. and many wireless subscribers appeared to have difficulty getting calls through in N.Y. and Washington in aftermath. Telecom companies appealed to customers to use network only in case of emergencies and acknowledged that some callers might get busy signal or operator message indicating call couldn’t get through network. Even before federal govt. shut down, FCC Web site said that “as a precaution,” agency would close for rest of day Tues.

Some members of Congress and industry agree that blame for delayed implementation of enhanced 911 (E-911) location technology can’t be placed on any one particular entity. Senate Commerce Communications Subcommittee had scheduled hearing Tues. on issue, but all federal buildings were evacuated because of terrorist attacks earlier in day. Meanwhile, National Emergency Number Assn. (NENA) released 911 “Report Card to the Nation” that updated overall state of 911 systems nationwide. It assigned: (1) “A-” grade for general quality of 911 service. (2) “B” for 911 availability and public awareness. (3) “Incomplete” for wireless industry provision of location and call-back technology to 911 centers. (4) “D” for future 911 system preparation, saying “new technologies, increased competition and other institutional changes [were likely to] exceed current levels of funding.” When asked who was responsible for delayed phase 2 deployment, Sen. Burns (R-Mont.) said: “Everyone.” Deadline for Phase 2 compliance is Oct. 1, but many wireless carriers are seeking waivers and setting firm deployment schedules. CTIA Pres. Thomas Wheeler expressed commitment to work with public safety community to carry out E-911 mandates: “Some have claimed the industry is dragging its feet in implementing this new technology. But the excitement and energy generated by the commercial possibilities of location technology proves that industry is eager to make this a reality.” However, Rep. Eshoo (D-Cal.) recently (CD Sept 7 p3) lambasted industry for causing delays, saying it had 5 years to prepare. Eshoo, joined by Reps. Rush (D-Ill.) and Harman (D-Cal.) urged FCC to send message to industry by showing reluctance to grant deadline waiver requests. Rep. Boucher (D-Va.), although supportive of rapid E-911 deployment, has encouraged FCC to be flexible in granting waivers because of difficulties rural carriers face in effectively deploying location applications that meet FCC’s accuracy requirements.

Rep. Eshoo (D-Cal.) said that although some wireless carriers might face “bumpy road” in complying with phase 2 of FCC’s enhanced 911 deployment mandate, most have offered “poor excuses” for inability to meet Commission’s Oct. 1 implementation deadline. Eshoo said in news conference Thurs. that industry “has had enough time” to deploy location capabilities into their networks and urged FCC Chmn. Powell “not to squander the opportunity to send a message” to noncompliant carriers: “We have one thing on our minds and that is to communicate to the chairman and members of the [FCC] that they must move on E-911.” Eshoo said recent testimony industry gave to House Telecom Subcommittee (CD June 15 p3) was unpersuasive and that FCC should be reluctant to offer additional compliance waivers to individual carriers.

Lucent told FCC last week in ex parte letter that “no manufacturer” had equipment that would be commercially ready for Oct. deadline for Phase 2 of Enhanced 911. Lucent letter came as Commission had waiver requests from every major carrier for Phase 2 deadline stacked up. Lucent cited “complexity of the solutions and the need for complete testing between handset, switch and other vendor software and equipment” as among reasons why no equipment-maker, “including Lucent,” would have gear ready in time. Lucent listed pending waiver requests from its customers, including Alltel, AT&T, Cingular, Corr Wireless, Nextel, Qwest Wireless, Sprint PCS, Telcorp, Verizon Wireless. “The filings present a consistent message: no manufacturer currently has a generally available E911 phase 2 solution, so carriers cannot deploy them in time to meet the deadline.” Lucent said it backed requests from all of its customer carriers for extension. Company urged FCC to grant individual extensions that “take into account the planned availability dates and the carriers’ ability to test and deploy solutions once they become available.”

Tex. PUC approved plan by city of Austin to institute 311 calling for nonemergency police and fire calls. City plans to inaugurate 311 calling in Sept. to relieve pressure on its 911 system. FCC has designated 311 number for public safety calls that don’t involve immediate danger to life or property. Austin officials said that if 311 was successful, they might in future expand that system to other city services such as public works, animal control, code compliance. City’s plans include comprehensive public education campaign and inclusion of 311 information in future editions of phone directories.

Assn. of Public Safety-Communications Officials (APCO) said AT&T Wireless and TRW pledged support for Project Locate, which is designed to help ease implementation of Enhanced 911. Others supporting program include Cingular Wireless, Federal Highway Administration Intelligent Transportation Systems Joint Program, HiTech Systems, Intrado, Schema Systems.

Verizon reached agreement with W.Va. PSC and agency’s Consumer Advocacy Div. on new price cap regulation plan that would be successor to 1988 plan that expired earlier this year. Under new program, Verizon will cap basic rates until 2005, except for $20 million in specified rate reductions over life of program. Carrier also agreed to contribute $15 million to W.Va. project to upgrade all 911 systems in state with enhanced 911 emergency location capabilities.

U.S. Cellular Corp. (USCC) and Rural Cellular Assn. (RCA) petitioned U.S. Appeals Court, D.C., for en banc hearing to reconsider its ruling that upheld FCC decision to remove carrier cost-recovery requirement as precondition to provision of Enhanced 911 service. Corr Wireless, part of rural carrier group challenging original FCC order, also is seeking D.C. Circuit review. In order, Commission had deleted carrier cost recovery precondition, which was seen as slowing down rollout of E911 services. Agency concluded carriers didn’t have to meet E911 Phase 1 and Phase 2 requirements until guaranteed state or local govt. funding was in place. Rural carriers, including USCC, had challenged FCC decision, and D.C. Circuit sided with Commission (CD July 2 p1). “Despite a directly analogous wireline model where the incumbent local telephone monopoly charges the state and local governments to provide comparable wireline E911 service, the panel decision affirmed the FCC’s orders that created this unfunded mandate on wireless carriers,” petition said. RCA and USCC argued that ruling ignored Sec. 201 of Communications Act, which limits FCC authority to regulate wireless carriers through Administrative Procedure Act and other legislative provisions. Calling decision to roll back carrier cost recovery conditions “irrational,” RCA and USCC asked court to rehear case and vacate FCC’s order. Rural carriers cited D.C. Circuit decision in 1996 in CompTel case in which court said Communications Act barred departures from principles of cost causation without compelling justification. Rural carriers contend that FCC order at issue departs from that principle because public safety answering point that orders E911 service from wireless carrier “has been excused from paying” for service. Petition said: “No reasonable court would sustain a federal order requiring ambulance makers to provide ambulances for free to state and local governments because the emergency rescue service was otherwise in the ‘public interest.’ Because the FCC orders at issue effectively require the very same thing, this court should rehear this case and vacate the FCC orders under review.” Rural carriers said issues were of “exceptional importance.” They said FCC mandate would require operators to spend billions of dollars to upgrade their networks to meet E911 Phase 2 deadline of Oct. 1.

U.S. spectrum policy should move away from current “piecemeal” approach, particularly on upcoming 3G decisions, CTIA Pres. Tom Wheeler said Wed. At press lunch, he said current 3G discussions between industry and govt. presented opportunity to craft national spectrum policy plan that would look at timelines such as 5 to 10 years and be updated periodically. “What we have to break ourselves of is this piecemeal spectrum policy approach,” he said. With larger “pot” of spectrum on which to base decisions, policymakers would have more flexibility, he said. Asked about recent FCC decision to delay Ch. 60-69 auction and impact on 3G timelines, Wheeler said 700 MHz band was “potentially part of the solution because it provides alternatives for migration and other such developments.” He said “that’s beachfront property” with potential interest for Dept. of Defense. Overall uncertainty involving NextWave licenses takes 30 MHz of wireless spectrum off table now for any carrier to use, he said. Lauding attention that govt. players such as Commerce Dept. and FCC have paid to 3G decisions, Wheeler again called for Commission to eliminate spectrum cap to provide nearer term relief. “What is happening is pressure is building up… and there has to be this escape valve,” he said. After recent House and Senate hearings on 3G, discussions have continued with wireless industry and govt. at White House “involving all of the major players” in debate on how advanced wireless spectrum would be carved out, he said. As for carriers’ Enhanced 911 Phase 2 waiver requests, Wheeler stressed extent to which both public safety answering points (PSAPs) and wireless industry had to grapple with readiness. But he cited report that Assn. of Public-Safety Communications Officials estimated 10% of PSAPs involved Phase 1 complaint. Wheeler said that by contrast. all wireless carrier switches were Phase 1 ready. “What I have been trying to say to the PSAP community is we are going to be there, what are you going to do to ensure you will be able to take that latitude and longitude information and use it? I hope they come up with a plan,” Wheeler said. Separately, he touted early attendance and exhibitor figures for CTIA Wireless I.T. and Internet 2001 show in San Diego in Sept. Exhibitor registration figures are up 122% over last year, when 206 firms exhibited. Attendee preregistration also is running ahead of last year, he said. Wheeler said reported increases in IT spending and CTIA show figures point to uptick for wireless data industry. “We're starting to come out of the wilderness insofar as wireless data is concerned,” Wheeler said.