FCC Wireless Bureau requested comments on Cingular Wireless’s Phase 2 Enhanced 911 waiver request. Cingular had asked Commission for waiver to allow it to roll out hybrid network and handset-based technology called Enhanced Observed Time Difference of Arrival in its GSM network and switch-based technology similar to Mobile Assisted Network Location System for its TDMA network. Cingular is seeking waiver of Oct. 1 deployment deadline and relaxation of accuracy requirements on temporary basis (CD July 10 p5). Comments are due July 31, replies Aug. 10.

FCC Wireless Bureau is seeking comment on what criteria public safety answering points (PSAPs) should meet at time of request for Enhanced 911 Phase 2 service. Bureau requested feedback on what would demonstrate “sufficient steps” to ensure it could receive and use E911 data before wireless carrier delivers service. In April, FCC sought comments on petition by Richardson, Tex., that sought Commission clarification of process by which PSAPs make requests for Phase 2 E911 service. City contended request for service was valid when carrier was informed that necessary equipment upgrades for Phase 2 service would be finalized before delivery of that service and when adequate cost recovery mechanism for upgrades was in place. Wireless carriers have opposed petition, arguing that PSAPs already must be able to receive and use E911 data as condition of “valid” E911 request. Wireless Bureau said it sought comments on “identifiable, measurable criteria” that could “reasonably predict for the Commission, carrier and PSAP whether a PSAP will be ready to receive and utilize Phase 2 information within 6 months of a request.” Among factors that could demonstrate that, it said, were: (1) Whether necessary funding was available. (2) Whether there were purchase orders with vendors that would install necessary upgrades within 6 months. (3) Whether arrangements had been made with LECs to supply services such as trunking. Among other questions is whether PSAP must show it has “state of the art” mapping capability instead of less sophisticated plotting mechanism. Comments are due July 25, replies Aug. 1.

Cingular Wireless asked FCC for waiver of Phase 2 Enhanced 911 (E911) Oct. 1 deployment deadline and relaxation of accuracy requirements on temporary basis. Carrier contended waiver was needed because solutions it planned for location information technology didn’t now meet Phase 2 accuracy requirements and couldn’t be deployed by upcoming deadlines. Cingular wants waiver that would let it deploy Enhanced Observed Time Difference (E-OTD) technology for its GSM networks and switch-based location technology on TDMA networks. As for E-OTD, Cingular said that this was “only viable option” for its GSM network, and other GSM carriers planned similar systems. E-OTD at outset won’t meet FCC’s handset-based accuracy standards but Cingular said accuracy would improve as software was refined. At start, technology will supply accuracy within 100 m of caller location 67% of time and 300 m 95% of time. Cingular said “industry consensus appears to be forming that E-OTD handsets will satisfy the Commission’s accuracy requirements by October 1, 2003.” Phase 2 rules require accuracy of position enabled-handsets within 50 m 67% of time and within 150 m for 95% of calls by Oct. 1. Cingular is proposing to deploy E-OTD as part of 25% of all handsets sold by Dec. 31, 40% by March 31, 2002, ratcheting up to 100% by Sept. 30, 2002. Carrier is proposing “safety net” location solution similar to network software solution that was part of VoiceStream waiver granted by FCC. VoiceStream solution provides that GSM subscribers without E-OTD handsets could be located within radial accuracy of 1,000 m for 67% of calls. “This will ensure that location information is available for the embedded GSM base,” Cingular said. Carrier is migrating its network from TDMA to GSM, but no existing solution will meet Phase 2 requirements, it said. It proposes rolling out switch-based technology for TDMA that can locate callers within 250 m for 67% of calls and 750 m for 95% of calls. Other carriers that have waiver requests pending before FCC include AT&T Wireless, Carolina PCS I, Nextel. Only large carriers without waiver proposals are Sprint PCS and Verizon Wireless. Cingular said it was selecting vendor for its switch- based Phase 2 solution and then would begin building required databases. First databases are designed to be areas where public safety answering point (PSAP) has submitted E911 request that is at least 6 months old.

Broad cross-section of wireless carriers and consumer groups urged FCC to implement transition period before eliminating requirements that cellular operators provide analog service. Recommendations came in comments to Commission this week on notice of proposed rulemaking (NPRM) in which agency asked whether it should do away with or modify requirements for cellular carriers that dated back to 1981, including whether AMPS-type (Advanced Mobile Phone Systems) service requirement should be kept in place. Sprint PCS, Qwest and Verizon Wireless were among carriers advocating 5-year transition period before AMPS requirement was shelved. Factors cited by carriers advocating phase-out period include: (1) Large number of subscribers still using analog service. (2) Dominance of AMPS technology for roaming. (3) Importance of AMPS for linking customers to 911 services. (4) Reliance of new telematics systems such as General Motors OnStar system on analog networks. (5) Extent to which current digital technologies weren’t compatible with text-telephone systems (TTY) for subscribers with hearing disabilities.

Public safety officials fired off angry letter to CTIA Pres. Tom Wheeler, saying they agree with his call for better cooperation on Enhanced 911 but were troubled by “tone and substance” of June 24 letters from Wheeler. Wheeler urged better cooperation in letters to Assn. of Public-Safety Communications Officials (APCO) and National Emergency Number Assn. (NENA) and urged public safety answering points (PSAPs) to make binding commitments on rolling out wireless E911 technology, although they remain unregulated by FCC. In part, Wheeler called for uniform implementation plan across more than 6,800 PSAPs and deployment of necessary upgrades. “We disagree with, and are frankly offended by, CTIA’s apparent effort to deflect criticism of carriers by suggesting that there needs to be a ‘binding and enforceable commitment’ by the PSAP community to make wireless E911 a reality,” public safety groups wrote to Wheeler. Letter was signed by APCO Pres. Lyle Gallagher, NENA Pres. Sharon Counterman and National Assn. of State Nine One One Administrators Evelyn Bailey. Letter ticked off incentives that PSAPs have to implement E911 that are centered around saving lives. “We are also deeply troubled by your implication that PSAPs and local governments have misappropriated the 911 fees collected through wireless telephone bills by failing to use those funds for wireless E911 upgrades,” letter said. “You appear to assume that implementing wireless E911 is the only expense that PSAPs incur and the only purpose for which 911 fees should be expended.” Letter notes that PSAPs respond to about 120,000 wireless 911 calls each day, task that is complicated by fact that dozens of calls can be received concerning same emergency. Public safety groups also contend that FCC policy changes haven’t contributed to slow carrier compliance because wireless operators have known about basic E911 requirements since 1996. In addition, groups questioned CTIA assertion that every wireless switch in U.S. is Phase 1 compliant, asking why some carriers haven’t provided Phase 1 service despite valid PSAP requests.

Three of 7 Qwest states participating in collaborative effort to assess Qwest’s compliance with 6 Telecom Act competitive checklist items not directly related to its operation support systems (OSS) reached preliminary assessments of how well Qwest is doing. Iowa Utilities Board (IUB) found Qwest meets all 6 points under review, including No. 3 (access to poles and other infrastructure), No. 7 (access to 911, directory assistance and other operator services), No. 8 (access to white pages directory listings), No. 9 (number administration), No. 10 (access to network signaling and databases) and No. 12 (local dialing parity). IUB conditioned its findings on verification of Qwest’s performance through Qwest Regional Oversight Committee’s OSS performance measures audit results, and Qwest carrying out commitments it made to satisfy concerns raised by individual CLECs. Wyo. PSC found Qwest is in compliance with checklist items 3 and 12. PSC declined at this time to rule on Qwest’s compliance with items 7-10. Agency PSC said Qwest has made efforts to address general CLEC concerns in these areas, but there were certain concerns specific to particular Wyo. CLECs that still needed resolution. PSC said it also wanted to see regional performance measurement audit results before reaching conclusions on remaining items. Mont. PSC found Qwest has fully complied with item 12, local dialing parity, but didn’t reach conclusions about remaining 5 items under review. PSC said it will be addressing other items this summer through comment-and-reply cycles and briefs, without need for industry workshop sessions. Like Iowa and Wyo., Mont. PSC also wants to see performance audit results. Other Qwest states in collaboration on the 6 checklist items are Ida., Utah, N.D. and N.M.

Del. legislature passed bill to administer and fund statewide integration of wireline and wireless E911 emergency calling systems. Measure (HB-283) establishes E911 Service Board charged with developing comprehensive plans for implementing statewide wireless E911 system that meets FCC requirements for automatically pinpointing location of wireless callers, and carrying out integration of wireless and wireline E911 systems. Bill also will replace current wireline 911 surcharges with uniform 60-cent monthly surcharge applied to all wireless and wireline telephone subscribers. Also passed was another 911-related bill (SB-218) that expands the criminal misdemeanor of falsely reporting emergencies to also include repeated non-emergency calls to 911 that are intended to disrupt operation of 911 call centers. The legislature also passed telecom privacy bill (HB-75) that bars employers from monitoring employees’ phone conversations, e-mails or Internet access unless employees receive prior written notice of monitoring policy. Notice is one-time requirement to be done when policy is implemented and when new employees are hired. Violations are civil offense carrying $100 fine.

U.S. Appeals Court, D.C., handed decisive win to FCC Fri., upholding agency decision to remove carrier cost-recovery requirement as precondition to provision of Enhanced 911 service. To turn around slow rollout of E911 services, FCC had stripped away condition that wireless carriers didn’t have to meet E911 Phase 1 and Phase 2 requirements until guaranteed state or local govt. funding was in place. Action was driven by concern that cost-recovery requirement was slowing E911 deployment and that wireless carriers could recover such costs from subscribers because they weren’t rate-regulated. Rural carriers, including U.S. Cellular Corp., challenged FCC decision, based in part on concern that they had less dense subscriber base to pass on such costs to customers. In unanimous ruling written by Judge David Tatel, court concluded eliminating carrier cost recovery requirement “merely imposes the cost of E911 service on its beneficiaries.” Washington attorney Thomas Van Wazer, who argued case for U.S. Cellular, said carrier was “strongly” considering appeal to full 9-member D.C. Circuit.

FCC Wireless Bureau seeks comment on petition from Nextel, Qwest Wireless, Verizon Wireless and VoiceStream Wireless asking it to reconsider its May 7 letter saying wireless carriers were responsible for costs of all hardware and software components for 911 selective routers. Letter said Public Safety Answering Points (PSAPs) must pay for maintaining and upgrading E911 components including selective router, trunks between 911 selective router and PSAP, Automatic Location Identification database and PSAP customer-premises equipment. Companies said Bureau exceeded its authority because it wrote letter without notice and comment period. Petitioners also said decision ignored wireless carrier comments and said Bureau erroneously assumed E911 network didn’t include carrier’s mobile switching center to 911 selective router trunkline and discriminated against wireless carriers. Comments are due July 30, replies Aug. 14.

There should be more coordination between public safety answering points (PSAPs) and wireless industry, CTIA said in June 24 letters to National Emergency Number Assn. and Assn. of Public- Safety Communications Officials. Letter urged PSAPs to make binding commitments on rollout of wireless E911 technology, even though they aren’t regulated by FCC. “If we are to succeed in delivering enhanced wireless 911 services to the American public, it will require our mutual cooperation,” CTIA Pres. Thomas Wheeler said in letter.