Divided FCC Imposes Text-to-911 Mandate on Carriers, Some OTT Text Providers
The FCC Friday approved, over one dissent and two partial dissents, rules requiring all carriers and interconnected over-the-top text providers to have the capacity to transmit emergency texts to 911 call centers by the end of the year. The FCC also approved a further NPRM asking about such issues as extending the mandate to non-interconnected OTT providers and on rules for determining the location of those sending the texts and making the system work for subscribers roaming on another network.
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FCC officials said that by the latest count, 121 public safety answering points in 18 states are now able to accept emergency texts. Because three commissioners in aggregate voted for the entire item, it’s approved despite the partial dissents, FCC officials said.
Texting has become as important for most wireless subscribers as talking and some of the texts are “cries for help,” said FCC Chairman Tom Wheeler. He stressed the importance of emergency texting for the deaf and hard of hearing. “Yes, call 911 if you can, but if you can’t, what are you going to do?” he asked. Wheeler told the story of a young deaf woman he had met with whose sister had had a seizure. The woman couldn’t call 911. She had to text her mother who was able to do so, he said.
Wheeler said he applauds the four national carriers that “stepped up” and have modified their networks to transmit texts to 911. “But unfortunately a lot of time has passed” and other carriers have not taken similar steps, he said. “If you don’t step up to your responsibility, we will,” he said. Wheeler said the rules should apply to all texts: “A text message for help is a text message for help.”
The FCC needs to keep up with changes in technology, said Commissioner Jessica Rosenworcel, the only other commissioner to vote for the item in its entirety. “Times change, technology marches on, and we find new ways to bring the ways we communicate into the 911 fold,” she said.
But Commissioner Ajit Pai, as expected, dissented (CD Aug 6 p1). Pai said the 121 PSAPs are less than 2 percent of all PSAPs nationwide. “In your moment of need, if you try texting 911 in over 98 percent of the country, you won’t reach emergency personnel no matter what application you use,” he said.
Pai said he worries the FCC is creating unrealistic expectations among consumers that they will now be able to send emergency texts to 911. “If your phone is roaming, text-to-911 won’t work,” he said. “If your device happens to be in Wi-Fi-only mode, our rules won’t apply. If you have a data plan that allows you to text, but no SMS subscription, your text to 911 won’t go through.” The rules also don’t apply, for now, to popular applications like WhatsApp, he said.
Commissioner Mike O'Rielly partially dissented, questioning the rush to approve an order. O'Rielly voted to approve the rules as they apply to wireless carriers, but not to OTT text providers. He expressed general reservations about the FCC’s approach.
"When it comes to 911 in particular, we repeatedly discount or ignore simple truths about what we can force technology to do in a set time frame,” O'Rielly said. He said some “appear completely comfortable in placing blind faith in artificial deadlines. The theory seems to be: If we mandate it, the technology will come.” How fair is it for the FCC to impose a mandate on the carriers that are already voluntarily complying by transmitting texts to PSAPs? he asked. In this case, the national carriers “rose to the challenge and ‘voluntarily’ enabled text-to-911, but that did not free them from regulation,” he said. “It may be hard finding companies to play this game in the future.” O'Rielly also cited concerns about the small number of PSAPs able to accept texts. He said many smaller carriers seem likely to seek a waiver before the end-of-year deadline and such relief should be “appropriately and quickly granted when justified.”
One surprising partial dissent came from Commissioner Mignon Clyburn, who voted for the order as a whole but dissented to a provision that could penalize local governments for diverting 911 funds to other uses. Clyburn said the change came to her attention just before the meeting started.
The order directs the FCC Communications Security, Reliability and Interoperability Council to examine some issues, including “whether states, tribal, and local entities that divert E-911 funds should be ineligible to participate on various FCC councils, committees, and working groups,” Clyburn said. “Doing so unnecessarily prejudges the issue and creates avoidable friction with our state partners."
"We are disappointed that the FCC acted today to codify a voluntary agreement,” said Scott Bergmann, CTIA vice president-regulatory affairs, in a written statement. “The chilling effect of the Commission’s proposed enforcement role is particularly worrisome in situations where, as here, the voluntary agreement involves new services that face challenging obstacles to implementation.”
The Competitive Carriers Association said the FCC is following a “common sense” timeline. “Competitive carriers need adequate time to meet the requirements, as technology updates are oftentimes costly and intricate,” said President Steve Berry. “CCA will work with our members to find innovative solutions to these technology challenges."
The National Emergency Number Association said approving the order was a significant step for the commission. The order “underscores the value of alternative means of communicating to 911 in times of emergencies,” said NENA President Christy Williams. “SMS texting will be in the marketplace for years to come.”