BURNS PLANS BILL TO PRESERVE STATE E911 FUNDING

Misallocation of funds was a central topic of an E911 hearing in the subcommittee Wed. at which several public safety advocates said fees designed to be applied to the E911 rollout had been diverted elsewhere, often to meet state budget shortfalls. Sen. Boxer (D-Cal.) said some situations seemed worthy of taxpayer lawsuits against state govts., but also observed that Congress diverted such funds “all the time.”

FCC Comr. Adelstein advocated an “enforcement first” policy for the Commission in dealing with carrier implementation. “I'm not interested in waivers,” he said. Separately, the FCC Wed. proposed a $1.25 million fine against T-Mobile USA for Enhanced 911 (E911) rule violations (see separate story, this issue.)

Boxer raised concerns about waivers, which she said sent “the wrong message” to wireless carriers. Comr. Abernathy responded by saying waivers were granted in the early going of the E911 transition because of technical and equipment issues, but said enforcement now was being used more often. “The wireless carriers have gotten the message,” she said.

Adelstein said the FCC needed more funding to test E911 equipment and services, to which Burns said that Congress might “find some loose change for you.” Sen. Brownback (R- Kan.) said he questioned how the uncertainty created by the triennial review would affect E911 deployment. Both Abernathy and Adelstein said that, unlike on some other issues, FCC was united on the goal of E911 deployment. Adelstein said it could be the most important issue the FCC has before it because of its “life-and-death” nature. The 2 commissioners announced the formation of an E911 coordination initiative within the FCC.

Rep. Shimkus (R-Ill.) said implementation of E911 should take priority over wireless number portability. “We need safety before convenience,” he said. “We need to complete E911 before we move to something that is an amenity to service.” He also said there was a lack of alignment among ILECs, wireless carriers and public safety answering points (PSAPs.) “No one even knows how many PSAPs there are in the country today,” he said.

Sen. Clinton (D-N.Y.) said uncertainty in the telecom industry had delayed the E911 rollout. “We need the FCC’s help to set forth clear guidelines and to create certainty,” she said. Clinton, along with Burns, Shimkus and Rep. Eshoo (R-Cal.), are co-chmn. of the newly formed E911 Congressional Caucus.

Diversion of state funds also was of concern to Senate Commerce Committee ranking Democrat Hollings (S.C.), who said in a written statement that his state had taken $5.5 million from E911 funds and planned to take another $4.3 million next year. Hollings also said he was concerned by reports that wireline carriers “may be impeding” E911 progress. He didn’t attend the hearing.

Hollings’ concern about wireline carriers was an apparent reference to the Hatfield report last fall that had noted that in past, the ILECs’ role in supporting E911 deployment wasn’t fully spelled out. FCC Comr. Martin in a speech last week also had said the LECs weren’t explicitly covered in wireless E911 rules, although the Commission had made clear they had to facilitate rollout of this service. He said if the LECs didn’t live up to their obligations, the FCC would pursue more formal action.

Verizon Wireless told the subcommittee it was up to speed on the E911 rollout but PSAPs and LECs needed improvements in their systems. “Now that wireless carriers have selected and begun their deployment of location technology, there is a need for increased attention on, among other things, PSAP and LEC readiness,” Verizon Wireless Vp- Gen. Counsel Mark Tuller said. Some public safety groups have called the LECs the “missing link” in E911 rollouts, which are complicated by the overlapping roles of public safety agencies, wireless carriers, ILECs and equipment vendors.

National Emergency Number Assn. (NENA) Pres. John Melcher said a CEO summit in June would help determine the most appropriate direction to help speed E911 deployment. The summit will be “the first time in recent history” that telecom company officials and public safety leaders will meet to “agree upon a path forward,” he said. The summit will be coordinated under NENA’s Strategic Wireless Action Team (SWAT) and will lead to recommendations to the FCC and Congress, Melcher said. The summit will focus on funding issues, he said, in an attempt to create standards for state E911 funding mechanisms.

Thera Bradshaw, pres., Assn. of Public-Safety Officials (APCO), said a “significant” number of states had diverted a total of nearly $500 million from E911 funds developed by the states. While 40 states have implemented surcharges on cellphone customers for E911 funding, only a few have enabling legislation that clearly spells out how to spend the funds. Bradshaw said emergency communications professionals should be included in the definition of “first responders,” who should be funded adequately by Congress.

N.Y. State Assemblyman David Koon (D) said a bill (A- 3911) recently passed in his chamber would help PSAPs by providing immediate funding for E911 upgrades. The bill also would prevent funds from being diverted, he said, adding that it was based on a Va. program. Koon told the Senators the story of his daughter, who was murdered in 1993 after being carjacked. He said she had managed to dial 911 from her cellphone and the dispatchers listened to her last moments, but weren’t able to help her because they didn’t have her location. He said the experience propelled him into politics.