NARUC Notes: Any new federal telecom act should have a role for state commissions as arbitrators in and adjudicators of disputes, especially interconnection disputes between carriers, said panelists at the NARUC annual meeting in Palm Springs. Rick Cimerman, NCTA vp-state govt. affairs, said states “should continue to oversee carrier-to-carrier disputes, as a sort of interconnection court.” Cimerman also questioned the need for a new federal telecom act. He said there’s sentiment for a new act “whether it’s needed or not.” He said the 1996 act “has been an unbelievable success.” But if a new law is inevitable, he said, “the question is how to shape it.” He said Congress should look at what problems need fixing, and ensure that functionally equivalent services are treated alike, regardless of the technology that delivers them. Kent Lassman, dir. of the Progress & Freedom Foundation’s Institute for Regulatory Law & Economics, said the states may have a continuing role in rate regulation rather than the federal govt., and said state commissions should be at the forefront in dispute adjudication and consumer protection. He said states should have broad plenary powers to address disputes. Debra Berlyn, AARP advocacy dir., said there’s no reason to change state regulators’ role. “I'm not sure why there’s supposed to be a problem,” she said, since state regulators have succeeded at deregulating services and markets that are competitive. She said current federal legislative proposals would remove needed state and federal oversight of consumer concerns in wireless and broadband service, and are weak on network neutrality. She said any new federal act should leave states in charge of consumer protection matters. Steve Seitz, Vonage dir.-911 service, said Congress may need to include provisions giving regulators power to ensure all competitive providers have access to 911 systems, even though such systems weren’t designed for a multiple carrier environment. He said technical mandates will affect Vonage’s ability to connect. “We need a process so we can meet the rules” that require VoIP to provide 911 services, “and we need to keep all players at the table” until that process is in place. Bob Rowe, partner with Balhoff & Rowe and a former Mont. regulator, said FCC efforts to address key telecom issues may cut pressure for a new federal telecom act: “The more that happens at the FCC, the less Congress needs to do.”

PALM SPRINGS, Cal. -- Broadband consumer protection and disaster recovery issues dominated telecom discussions at the NARUC meeting here. But NARUC panels on broadband- related policy resolutions either tabled or refocused resolutions when states sparred on how or whether to voice broadband concerns.

Vonage urged the FCC to name an administrator to assign number technology VoIP providers need to deploy E- 911 capability to nomadic customers. In a Nov. 14 letter, Vonage CEO Jeffrey Citron said availability of pANI-ESQK (pseudo automatic number identification-emergency service query keys) “is an essential gating item for nomadic VoIP E-911 deployment… Most selective routers use 25-year-old technology that is capable of processing no more than a few area codes. As a result, pANI-ESQK is necessary to route a non-regional telephone number through the local selective router. By using pANI-ESQK, a nomadic [VoIP provider] can dynamically assign a number that includes an area code recognized by the relevant selective router, thereby allowing a call to pass through and reach the appropriate PSAP.” Vonage said Verizon voluntarily made pANI-ESQK elements available but “other ILECs have either not made pANI-ESQK available or have delayed issuing pANI- ESQK for many months, in some cases while they wait for the pANI-ESQK administrator to be assigned.” Citron said the FCC “may not have fully appreciated how this delay in obtaining pANI-ESQK or the absence of an administrator could impact E-911 deployment timetables.”

An FCC notice outlining VoIP providers’ E-911 obligations was greeted with dismay by VoIP companies that say it could impede efforts to add customers. VoIP providers said they were obviously pleased with the first part of the FCC’s announcement -- that they don’t have to cut off service where they haven’t achieved full E-911 capability. But they're concerned about the 2nd part, barring them from marketing service to new customers where full E-911 service isn’t available.

The “vast majority” of 2.5 million VoIP subscribers will have E-911 service by Nov. 28, as required by the FCC, VON Coalition said in a progress report. Of 12 major interconnected VoIP service providers surveyed, 42% estimate that 100% of their customers will have E-911 for their primary fixed location by Nov. 28, the study said. But it said there would be 750,000 mostly nomadic residential VoIP customers who will have access to only basic 911, not E-911, by the deadline. The survey said 42% of respondents expect to have to disconnect customers to comply with the FCC order. Some challenges cited by VoIP providers in adopting E-911 include: (1) No direct access to trunks, selective routers and E-911 databases. (2) A tough deadline. (3) Absence of an interim numbering administrator. (4) Lack of leverage for small companies negotiating with 3rd party 911 providers. (5) 911 gateway providers charging high prices. (6) PSAP outreach. “Additional regulatory flexibility and time would facilitate the continued deployment of E-911,” the VON Coalition said. It urged the FCC not to require interconnected VoIP providers to disconnect customers who have basic or E-911 service. “VoIP should be treated like every other phone service where policymakers chose specifically not to shut off of a basic 911 service while E-911 is being deployed,” VON Coalition said: “Shutting off service could undermine the important progress created by the FCC’s E-911 order.” The survey said the FCC order accelerated E-911 efforts prompting greater industry cooperation and coordination, greater public awareness of the issue and new efforts to designate a pseudo-ANI Administrator. But the VON Coalition warned that “it’s not yet technically and operationally possible” to provide E-911 for all VoIP users by the Nov. 28 deadline because no nationwide solutions exist for fixed or nomadic service. Survey respondents said VoIP offers other emergency benefits, beyond E-911, with 92% citing the ability to move a VoIP phone to another location in an emergency, 83% pointing out to the ability to use VoIP over any network and 75% citing the ability to speed the transition to an IP-based emergency network capable of emergency advances not available on today’s phone network. The progress report was released in wake of a 2-year anniversary of VON’s agreement with NENA to adopt 911 technologies for VoIP.

The House Commerce Committee released an updated draft of its telecom bill Thurs. that telcos welcomed for its emphasis on market-based competition. The new version of the bill drops a “carve-out” provision that would have addressed buildout requirements for video providers - something that telcos opposed. But the updated bill does prohibit redlining, a mandate most telcos said they would accept. The bill contains 4 titles with regulations covering broadband Internet transmission services, VoIP, video and national consumer standards.

The Senate Commerce Committee Wed. unanimously passed a bill sponsored by Sens. Nelson (D-Fla.), Burns (R-Mont.) and Clinton (D-N.Y.) that would require VoIP providers to give subscribers E-911 capability. “The heart of this bill requires those who have VoIP to offer E-911,” Nelson said. The bill would require Bells to open their networks to VoIP providers so 911 calls can be completed. Under FCC rules, access rules can be negotiated between Bells and VoIP providers. “Given the urgency of the issue, we are calling on House leaders” to act quickly to ensure workable 911 and E-911 solutions for VoIP, said Staci Pies, pres. of the VON Coalition. Rep. Gordon (D-Tenn.) has introduced a similar bill in the House. NARUC praised the bill, but said it looked forward to working with the committee on some issues. “This bill affirms VoIP providers’ duty to protect consumers with effective E-911, and we look forward to working with Congress on our issues as it moves forward,” said NARUC Pres. Diane Munns. The bill gives VoIP providers the same access rights as wireless carriers, which often avail themselves of state dispute resolution procedures, Munns said.

Wireless carriers are making progress at deploying E- 911 location service, though some sought extension of FCC’s Dec. 31 deadline for 95% handset penetration. Verizon Wireless said it now provides at least Phase I E- 911 service to 3,011 PSAPs serving about 206 million residents in 48 states. It said it provides Phase II E- 911 service to 2,075 PSAPs serving about 169 million residents in 44 states. Verizon Wireless, which sought a 6-month extension of the 95% penetration milestone, said 91% of customers have GPS-capable handsets; it expects 93% penetration by year’s end. T-Mobile described “vigorous” progress in its E-911 deployment efforts since Aug. T-Mobile satisfied 1,175 requests for Phase I service where it has coverage, covering 2,578 PSAPs, and 730 requests for Phase II service, covering 1,890 PSAPs, the firm said. Cingular said it received 4,048 valid PSAP requests for Phase I service on its GSM network, of which it satisfied 3,671, with 377 in progress. The carrier also received 3,074 PSAP requests for Phase II service on its GSM network, of which 2,096 have been handled and 978 are in progress. Cingular had 3,649 PSAP requests for Phase I service on its TDMA network, of which 3,287 have been satisfied and 362 are in progress. It had 2,721 requests for Phase II service on its TDMA network, of which 1,826 have been taken care of, with 895 in progress. During the 3rd quarter, Sprint Nextel said, it completed 57 Phase II PSAP launches and 94 Phase I launches on its CDMA network and 98 Phase II PSAP launches and 80 Phase I launches on its iDEN network. In that time, Sprint Nextel said, it brought its total Phase I deployments to 2,767 PSAPs on its CDMA network, and to 1,481 PSAPs on its iDEN network. It also brought its total Phase II deployments to 1,886 PSAPs on its CDMA network, and to 1,035 PSAPs on its iDEN network, Phase I and II services are available in parts of 48 states, Puerto Rico and D.C., Sprint Nextel said.

The FCC Enforcement Bureau again extended the deadline for VoIP providers to get customers’ “acknowledgments” that they realize the limitations of VoIP-based 911 service. The FCC said in late Sept. it would suffice to get acknowledgments from 90% of customers, giving those with fewer than 90% until at least Oct. 31 meet that level. The agency said Mon. it would continue to forbear from enforcement action against those with less than 90% as long as they file a status report by Nov. 28. The bureau said such carriers are making “significant progress.” Based on filings at the FCC, fewer than 2 dozen carriers seem to be in the under-90% category.

VoIP providers Nuvio, Lightyear, Lingo and i2 Telecom filed at the U.S. Appeals court, D.C., seeking an emergency stay of the FCC’s E911 rules, under which they could potentially have to start shutting down operations Nov. 28 if they're unable to employ an 911 solution across their systems by that date. The petitioners are asking for a ruling by Nov. 15. They argue in their appeal that they don’t have “the resources, capital or time” to create and deploy their own dedicated systems by that date and that no out of the box solutions exist that cover the entire U.S.