Proposed 911 Standards ‘Aspirational’ Rather Than Based on Reality, Pai Says

Under the revised standard, carriers would have to be able to locate 911 callers inside a building within 50 meters (55 yards) for 67 percent of calls within two years of the adoption of final rules and for 80 percent within five years. The FCC proposed similar standards for identifying within three meters from which floor in a building an emergency call is made. Carriers could choose the technology they see as most effective to meet the new standards under the proposal, an FCC official said. Carriers would have to demonstrate their mobile devices are in compliance through an independently administered testbed, though the FCC seeks comment on alternative testing methods, the official said.

Commissioners Ajit Pai and Mike O'Rielly both voted for the NPRM but only concurred on proposed deadlines. Pai took aim at what he said is a too aggressive timetable. “My office asked commission staff and stakeholders for a step-by-step timeline that would show how it would be possible for a carrier to meet the timeframes contained in our proposed rules,” Pai said. “But to date, no one has been able to produce such a timeline.”

Commission orders must be more than just “aspirational,” Pai insisted. “Our rulemaking process is not a feel-good exercise,” he said. “It imposes legally binding obligations on regulated entities. It is unfair to saddle them with obligations that cannot be met. And such rules don’t help the American people either. Indeed, they can be counterproductive since they stand a good chance of sparking litigation or paralyzing the industry with fear of taking any action if there is no clear path to compliance."

"Going forward … we should avoid imposing location-accuracy rules that are too far ahead of available technology,” O'Rielly said. “Aspirational goals are laudable but they cannot be the basis for regulation. Any requirements that develop from this proceeding must be truly feasible as judged by experts operating in the field.” O'Rielly said the FCC should have learned a lesson when it imposed Phase II location accuracy rules, based on “representations of emerging, as opposed to proven, technologies.” The FCC later had to revise its benchmarks and issue some 40 waivers, extensions or stays, he noted. “It’s fair to say that implementation did not go smoothly,” he said.

CTIA picked up on the concerns raised by Pai and O'Rielly in a statement on the NPRM. “While CTIA will carefully evaluate the FCC’s proposal, we strongly encourage the FCC to consider location accuracy requirements that are grounded in verified data, not aspirational target-setting,” said Scott Bergmann, vice president-regulatory affairs. “The FCC appropriately tasked the Communications, Security, Reliability & Interoperability Council … with establishing a Location Accuracy Test Bed to provide objective and verifiable data on location technologies’ performance. … In moving forward, any future rules must hinge on the test bed’s independently verified data as a basis to determine whether location accuracy technologies will meet standards and deadlines under consideration, and should also take into account both deployability and [911 call centers'] capabilities."

"Unfortunately, the Commission has tentatively proposed unrealistic targets for location accuracy indoors,” an AT&T spokesman said via email. “Indeed, the recent FCC CSRIC Report shows that no vendor currently has proven technology that can meet the proposed standards. We remain committed to working with the Commission and the public safety community to craft a realistic, effective solution that takes the greatest advantage of existing technology to ensure consumers can rely on ‘911’ no matter where they are or what service they use.”

But FCC Chairman Tom Wheeler, former president of CTIA, said he was in the wireless industry when location accuracy rules were first imposed over industry objections. “It wasn’t perfect and it wasn’t smooth and it can always be improved and, yes, the commission had to change its minds and changes its rules along the way, which we sure should always do,” he said. “But the commission and the wireless industry were setting out on a path to improve public safety and to save human life and it’s never wrong to overreach on those kinds of goals."

Wheeler conceded that the timetables proposed by the FCC are aggressive. “But hey, we're dealing with human life,” he said. “Far from being a field of dreams, far from being feel-good, we're in a situation where we're making paths.” Wheeler noted after the meeting that the vote on the order was the third focused on protecting public safety during the last three commission meetings.

Commissioner Jessica Rosenworcel said she has visited one 911 call center per month as a commissioner and she has repeatedly heard the same refrain. “The number of wireless calls to 911 is skyrocketing,” she said. “The data bear this out. Today, more than 70 percent of 911 calls are from wireless phones. That is more than 400,000 calls across the country every day. And this number is only going to grow. Today, for roughly two in five households, their wireless phone in their only phone. In some places, that number is even higher."

Commissioner Mignon Clyburn noted that at a Jan. 16 Senate Communications Subcommittee hearing, a witness testified that in Horry County, S.C., 50 percent of 911 callers “cannot provide dispatchers with meaningful location information.” That must change, she said. “Citizens understandably expect and believe that their mobile handsets, especially those smartphones with location-based services, provide them with the same capacity to get help as their wireline phones,” she said. “But all too often, this is simply not the case and the results can be heartbreaking."

The National Emergency Number Association said the FCC is on the right track in proposing revised rules. “By proposing rules to improve automatic location of those dialing 9ll from indoors locations and multi-level buildings, the FCC is taking a big step in helping the public,” said NENA President Bernard Brown. “NENA recognizes that this important and potentially life-saving effort will require significant efforts by wireless telecommunication providers, location technology providers, and 911 professionals,” he said. “With more than 70 percent of 240 million annual calls to 911 coming from wireless devices, it is imperative that we work cooperatively to provide the most effective location capabilities to find people quickly in their moment of need.”