PUBLIC SAFETY GROUPS URGE FCC TO STEP UP E911 EFFORTS FOR PBXs

Comments were filed on a further notice the FCC adopted last fall that, in part, concluded state and local govts. for now were better positioned to set E911 deployment rules for MLTS. These systems let businesses and multitenant residential building owners provide phone service by eliminating the need for an external line for each phone in their building through private branch exchanges (PBXs). The Commission also adopted an order expanding the scope of some E911 requirements, including a mandate that certain mobile satellite service (MSS) providers create call centers for routing emergency calls. The scope of E911 was widened to certain telematics services and resellers of mobile wireless services, including prepaid calling cards.

The Assn. of Public Safety Communications Officials (APCO) commended the FCC for requiring that 911 calls from the ancillary terrestrial component of an MSS system should offer the same E911 services as terrestrial wireless providers. But APCO raised concerns that the FCC deferred, for now, to states on the MLTS issue, urging them to adopt legislation to address the problem. In part, APCO noted the FCC’s recent broadcast flag decision supports its jurisdiction over certain communications equipment. “The Commission should, and can, do more,” APCO said. “It has the authority to adopt nationwide E911 rules and has not been shy about doing so in the related context of CMRS.” APCO said it remained concerned that many states won’t act in a timely manner on the MLTS issue, “if at all.” This could lead to a “patchwork” of inconsistent state rules “that will leave substantial portions of the public unprotected and create a potentially chaotic situation for equipment and service providers,” APCO said.

The Telecom Industry Assn. (TIA) raised similar concerns about a lack of uniformity if MLTS issues are left solely to states to decide. “A lack of uniformity and limited technical depth reflected in some state regulations for E911 handling by MLTS systems presents a serious product design and development cost barrier for equipment manufacturers and is troubling to systems operators as well,” TIA said in comments: “A patchwork of requirements threatens to increase equipment costs by fracturing production markets, destroying efficiencies as manufacturers seek to design products to meet varying state and local requirements.” TIA stressed the importance of coordinating state laws that affect MLTS: “The FCC should assume an oversight role.” It lauded the FCC’s referring states to a draft blueprint of legislation in this area to create more uniformity. TIA noted a single MLTS can support both wired and wireless phones. “Attempting to apply a single regulation uniformly to an MLTS system supporting both wireless and wired users is problematic,” TIA said. “Increasing the accuracy of location identification will require a significantly longer development interval.”

The National Emergency Number Assn. (NENA) and the National Assn. of State 911 Administrators (NASNA) argued the FCC has “ample jurisdiction” to provide more guidance to manufacturers, distributors and users of MLTS equipment. “Reading the further notice together with the companion order is an exercise in ambiguity and ambivalence,” they said. The further notice expresses concern about the lack of implementation of MLTS E911 capability, saying it could create gaps in emergency calling systems critical for homeland security, the filing said. “On the other hand, the order leaves the implementation of MLTS E911 to the states without any hint as to whether and how soon states are expected to act.”

On MSS obligations for ATC-only calls, the groups agreed with the FCC’s tentative conclusion that they should provide the same 911 access as terrestrial wireless carriers and that MSS carriers planning ATC offerings should consider E911 in the design stage. The FCC had proposed MSS carriers should report on their call centers before the rule takes effect in Feb. 2005. But it said it would prefer to see reports 6 months before the deadline to allow sufficient coordination time with PSAPs and 911 authorities. “Our principal interest in call center data is how many and how well calls are forwarded to PSAPs,” NENA and NASNA said. “A tally of total communications from subscribers to the call center, non- emergency and emergency, would allow us to track proportions of calls requiring 911 assistance.” NENA said it would be helpful to have access to call center data, which would only need to be in aggregate form rather than customer-specific. The FCC had required MSS providers that offer real-time, switched voice service connected to a public switched telephone network set up call centers as an interim measure to forward 911 calls to public safety answering points.

The Ad Hoc Telecom Users Committee said states have clear jurisdiction over MLTS rules, “including regulations that enhance the security and safety of places of employment where MLTS are frequently used.” The group said the FCC doesn’t have “adequate jurisdiction” to promulgate rules for MLTS owners and operators. The coalition urged the FCC, which it said doesn’t have jurisdiction under Title 2 and Title 3 of the Communications Act in this area, to acknowledge these limits and let the states or the Occupational Safety & Health Administration (OSHA) address E911 rules for MLTS. The states and OSHA have the expertise to determine whether regulation is necessary and the experience to develop appropriate legislation, the group said. If the FCC decides to regulate employer owners and operators of MLTS, the coalition asked the agency to undertake a cost-benefit analysis before imposing new requirements.

Verizon also opposed the FCC’s adopting additional requirements on MLTS operators’ access to E911 services. LECs are now required under FCC rules to provide E911 access to all customers, including PBX users, it said. “To that end, Verizon provides all multi-line telephone system operators with fully functional E911 access to all central offices in Verizon’s footprint, and works with individual multi-line telephone system operators to implement customer- specific solution if economically and technically feasible,” Verizon said. It said LECs provide all the tools needed for MLTS access to E911.

The addition of an ancillary terrestrial component (ATC) to an existing mobile satellite service (MSS) system won’t improve the automatic location technology of the satellite element of the company’s system, Globalstar told the FCC in comments. The company’s comments responded to questions the Commission had asked in a notice of proposed rulemaking that called for MSS operators with interconnected voice service to establish call centers to route 911 calls to public safety answering points (PSAPs) (CD Nov 14 p1). “While the terrestrial mode of an ATC system will use technology similar to that of terrestrial [commercial mobile radio service] CMRS providers, the satellite mode, for existing MSS carriers, will use the existing satellite network… A technical solution to the hand-off from the satellite network to the terrestrial network during a call is not currently available, and will not be available, for the first-generation of the Globalstar satellite service,” Globalstar said.

While the lack of a seamless satellite-terrestrial solution necessitates 2 separate emergency call systems for subscribers, Globalstar said, “the use of 2 emergency call centers should not be confusing.” Globalstar’s satellite system has its own emergency call center that the caller is connected to after dialing 911. An operator helps the caller determine the geographic coordinates of the caller’s location, then routes the calls to the nearest PSAP, Globalstar said. However, the costs of implementing a location accuracy standard for satellite mode make it infeasible, the company said. Globalstar also said requiring a pre-implementation plan from MSS operators wouldn’t spur improvement in MSS call center services: “A carrier must move forward quickly on such issues in advance of the effective date rather than waiting for the Commission’s comments on a plan for action. Moreover, these steps to establishing a call center are primarily internal procedures; a company’s plans for hiring and training personnel are not typically made available to the public.” Globalstar proposed the Commission require a certificate of compliance within 30 days from the rule’s effective date.