FCC to Look at Text-to-911 Mandate for Over-the-Top Text Service Providers
The FCC approved a policy statement and second further NPRM, designed to make text-to-911 more widely available, at its meeting Thursday, potentially imposing a mandate on interconnected over-the-top (OTT) text providers. The policy statement approved was a somewhat watered-down version of the statement originally circulated by Chairman Tom Wheeler (CD Jan 27 p5), FCC officials said. With the changes, all five commissioners voted to approve. Wheeler said Thursday that at the FCC’s February meeting it will take on a second 911 issue -- location accuracy for wireless calls made indoors.
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The FCC will examine whether to impose on OTT providers and smaller carriers the same requirement that they be able to transmit text messages to public safety answering points (PSAPs) previously agreed to by major wireless carriers. OTT providers include such popular services as Apple’s iMessage or Samsung’s ChatOn.
"Late in 2012 the four largest wireless carriers agreed with NENA and APCO to a plan that would implement text-to-911,” Wheeler said. “Unfortunately, however, many over the top text providers … didn’t similarly step up. Today, we're seeking comment on whether those folks should step up. Texting is texting.”
Wheeler also had a message for PSAPs. “It’s been more than a year since wireless carriers serving 90 percent of all the wireless subscribers in America pledged to do text-to-911,” he said. “The response from the PSAPs has been underwhelming. Only a handful of PSAPs have put this capability in place. As we begin this process, we call on the PSAPs to get with it.” Wheeler said the FCC doesn’t have jurisdiction over PSAPs but can observe and report. “We'll be watching,” he said. “It’s time to step up.”
Following the meeting, Wheeler told reporters that most states do use 911 fees collected on carrier bills as intended but it’s “disappointing” when they don’t. “What I was trying to do was to say to PSAPs, ‘Excuse me, the wireless carriers have done the right thing, the FCC has done the right thing and now it’s your turn.'"
Commissioner Mike O'Rielly said he supports asking questions but had reservations about the FCC’s approach so far. “I do have some concerns and questions going forward,” he said. “I am concerned about our legal authority to regulate in this area. The law here is complex and I look forward to engage with commentaries to ensure that we are applying it correctly. It’s not so clear to me yet."
O'Rielly also said he is disappointed with how little real-world information is contained in the commission’s record to date. The FCC also needs to do more to engage with OTT providers, “many of whom have not been active in the proceeding,” he said. “How is it possible that my staff and I could not find information in the record beyond one short ex parte letter from the top three over-the-top text providers?"
More than 19 billion messages every day are sent using OTT services, noted Commissioner Mignon Clyburn. “For the millions of Americans who live with hearing and speech challenges, SMS and over-the-top texting services are invaluable,” she said. “They also help in situations when a voice call to 911 might be dangerous, such as during a home invasion, or when voice calls are being blocked due to unusual network congestion.”
"The first telephone number I taught my children was 911,” said Commissioner Jessica Rosenworcel. “As the old saying goes, you may only call 911 once in your life, but it will be the most important call you ever make.” Rosenworcel said the text-to-911 item puts the commission on the right track. “We adopt a policy statement calling on wireless carriers to support text-to-911 capabilities,” she said. “We also tee up questions about roaming, cost, and promoting adoption in a related rulemaking. I know texting-to-911 can save lives. That is because I have seen it in action in 911 call centers in Vermont and Maryland. I also know that this service could be a game changer for those who are deaf, hard of hearing, or have speech difficulties."
Commissioner Ajit Pai was pleased he was allowed to have input into the development of the letter and NPRM. The rulemaking “seeks comment on an expanded role for IP Relay providers in this area,” he said. “Those providers are uniquely suited to make sure that whenever a deaf or hard of hearing American tries to reach emergency personnel, the message will get through directly as a text wherever text-to-911 is available and through relay interpretation elsewhere.” The item also asks questions about reasonable timeframes for interconnected text providers to implement text-to-911 functionality. “Not every text provider is in the same situation -- technologically, financially, and otherwise -- and we must make sure we understand the unique challenges of each class of provider rather than simply lumping them all together,” he said.