E-911 Benchmarks Poise Industry for Failure, Carriers Say
A compromise FCC order giving wireless carriers five years to upgrade systems before their success in locating callers will be measured at the public safety answering point (PSAP) level (CD Sept 11 Special Bulletin) landed with a thud among carriers. The FCC approved the order late Tuesday in an unusual night meeting.
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CTIA immediately voiced strong concerns. Commissioners also questioned whether the order offers feasible deadlines. Commissioner Jonathan Adelstein, in a partial dissent, said the FCC wrongly split E-911 issues in a bifurcated rulemaking, addressing measurement standards ahead of other issues raised.
The compromise offered by public safety groups (CD Sept 11 p1) does little to mitigate concerns that most carriers won’t be able to meet tough new measurement requirements given the state of technology, Carrier and other wireless industry sources said Wednesday.
The Rural Cellular Association said the order the FCC approved will trouble small carriers. “RCA is disappointed after participating in the proceeding that the FCC went forward in adopting deadlines for location accuracy that many of its members do not have the technical capability to meet,” counsel David Nace told us. “Had the commission formed a stakeholder forum RCA was ready to contribute in a more productive manner than the commission’s action appears to allow.”
“It’s a fantasyland order -- done by folks who want to feel good for having done something,” said an attorney who represents carriers. “The sad part is that no one on this FCC will have to deal with the reality of nonfeasibility five years from now. It’s the identical mistake [the FCC] made… the first time. And now, before that solution is even remotely ubiquitous, we have another.”
A carrier source said the FCC didn’t heed Administrative Procedure Act rules in deliberating on the order, a likely argument if carriers challenge the order in court. “We are very concerned by the timeline and requirements established in the order,” the source said. “It is particularly unclear how these requirements would be fulfilled, given that many of the issues under consideration in the second part of the NPRM directly impact the requirements in this order.” Another wireless attorney said “carriers seem to view the compromise E-911 order as little better than the original order.”
AT&T said Tuesday evening that more accurate wireless E-911 is a “complex technological undertaking and a nationwide cooperative effort” that will require work by the industry and public safety. “We can’t comment on the specifics of the item adopted by the FCC today, as we haven’t had the opportunity to review the details, but we are disappointed that today’s order goes beyond the record of evidence reviewed by the Commission,” the carrier said in a statement.
In a filing made as the FCC readied the order, T-Mobile warned that the approach pushed by public safety groups, to establish benchmarks, including compliance at the economic area (EA) level, then the metropolitan statistical area/rural service area (MSA/RSA) level, en route to PSAP-level measurement, does not make the rule more doable for carriers.
“EAs do not correspond with how T-Mobile’s, or most other carriers’ networks are designed and engineered, how 911 systems are deployed, or with the geographic areas served by public safety units,” the carrier said. “One year is not sufficient time to develop or deploy any new technological solution, so feasibility must be evaluated with respect to existing technology.” The MSA/RSA benchmark presents similar problems, T-Mobile said. “As with EAs, there is no evidence in the record to demonstrate that MSA/RSA accuracy compliance can be achieved by national carriers,” T-Mobile said. “T-Mobile’s network design and engineering do not conform to MSA/RSA boundaries, and such boundaries do not correspond with those of public safety units.”
But the National Emergency Number Association and the Association of Public Safety Communications Officials both issued statements saying the FCC had taken a key step for safety. “Last night’s decision by the FCC is a very important step in the right direction,” said NENA President John Barbour. “The rules adopted set a reasonable compliance deadline with meaningful benchmarks along the way to ensure measurable progress is made on the path toward full compliance.” APCO President Willis Carter said: “Yesterday, as we paused to remember, reflect and honor those who lost their lives on September 11, 2001, we also celebrated a victory by making progress to improve upon our ability to protect the lives of our public.”