FCC Commissioner Mike O’Rielly urged leaders from the House and Senate Commerce committees Thursday to ensure states that use 911 fees for other purposes are barred from receiving funding for next-generation 911 projects that might be included in the next legislative package addressing COVID-19. Sen. Ed Markey of Massachusetts and 34 other Senate Democrats pressed Capitol Hill leaders to include “at least” $2 billion in additional E-rate funding. Signers include Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii. House Speaker Nancy Pelosi of California and other Democratic leaders want to include infrastructure funding, citing President Donald Trump's interest (see 2004010071).

Congressional leaders were optimistic Tuesday afternoon they were close to reaching a deal on a third economic stimulus bill addressing the effects of COVID-19, after days of wrangling over legislative language on funding for telecom and other priorities. House Speaker Nancy Pelosi, D-Calif., was among those saying a deal appeared near, though she warned House Democratic leaders could move forward on a counterproposal if they deem final Senate bill language unsatisfactory. The Pelosi-led counterproposal drew fire from Republicans in part because it contains pandemic-specific Lifeline funding (see 2003230066).

President Donald Trump’s renomination of FCC Commissioner Mike O’Rielly Wednesday drew widespread praise. O’Rielly would serve a term ending June 30, 2024 (see 2003180070). His current term ended in June, but he can remain until this Congress ends at the beginning of 2021 (see 1910250039). “I am deeply appreciative of the President’s decision and his aggressive leadership on communications policy, including extensive efforts to bring broadband access to all Americans,” O’Rielly said. As a commissioner “I have advocated for preserving and advancing American free market principles to develop common sense regulation and eliminate unnecessary rules that hurt consumers.” It’s “gratifying to watch the private and public sectors pulling together to rise to the occasion” amid the COVID-19 pandemic and other “monumental challenges currently confronting our nation,” he said. Trump “made a wise choice,” said FCC Chairman Ajit Pai. O’Rielly has “made many contributions to the work of the Commission, from his leadership on 3.5 GHz spectrum policy to his unwavering advocacy against state misuse of 911 funding. And when we were in the minority, he consistently stood on principle while being pragmatic.” O’Rielly’s “tireless work ethic has helped deliver many good wins for this country during his time on the Commission,” said Commissioner Brendan Carr. O’Rielly “is incredibly knowledgeable on communications policy matters and has contributed so much to the work of the agency,” said Commissioner Jessica Rosenworcel. Commissioner Geoffrey Starks also congratulated O’Rielly. CTIA President Meredith Baker highlighted O’Rielly for being “a champion for smart spectrum policies, ending 9-1-1 fee diversion.” NAB “supports the renomination,” said CEO Gordon Smith. Charter Communications, Comcast, the Competitive Carriers Association, Incompas, Wireless Infrastructure Association and Wireless ISP Association also applauded the renomination.

Keeping 911 call takers safe is critical to maintaining emergency call systems during the U.S. COVID-19 outbreak, said stakeholders in interviews this week. APCO, the National Emergency Number Association and National Association of State 911 Administrators (NASNA) leaders are less worried about a potential surge in calls as there might be in a hurricane. Wider deployment of next-generation 911 would give call takers and responders more flexibility, they said.

FCC Commissioner Mike O’Rielly praised American Samoa for not diverting 911 fees. His Wednesday letter thanked Gov. Lolo Moliga (D) for responding Feb. 13 to the Republican commissioner’s Feb. 3 letter asking why the territory failed to respond to FCC requests for information about 911 fees (see 2002030019). Moliga sent a 2018 report and partly blamed staff turnover for the delay. “There are no 9-1-1 fees collected in American Samoa and thus no funds to divert,” the governor wrote. “Our 9-1-1 system is fully funded by our general fund and budgeted by the Department of Public Safety.”

House Communications Subcommittee leaders are eyeing an early March markup for the Reinforcing and Evaluating Service Integrity, Local Infrastructure and Emergency Notification for Today’s (Resilient) Networks Act (HR-5926) and at least some of the seven other public safety communications measures it will examine Thursday (see 2002200060), industry lobbyists told us. Communications and public safety stakeholders endorsed several of the measures in written testimony. HR-5926 didn’t get universal praise. The hearing begins at 10:30 a.m. in 2322 Rayburn.

APCO asked the FCC to act on the public safety organization's February petition for clarification of rules requiring national wireless carriers to meet a vertical location accuracy metric of plus or minus 3 meters for 80 percent of indoor wireless E-911 calls from z-axis capable handsets (see 2002070057). Initial comments were due Friday on a Further NPRM on advanced vertical location, mapping and 911 services. “The resolution of many questions raised in APCO’s Petition will impact whether and how to improve the location accuracy requirements,” APCO said in docket 07-114, posted Friday: “The feasibility and benefits of requiring more granular z-axis information depends on how the Commission defines what it means for carriers to deploy z-axis technology consistent with the manner in which it was tested. Which phones should consumers expect to provide vertical location information with 9-1-1 calls? How do carriers ensure that they have deployed z-axis technology in a manner that will achieve the accuracy demonstrated in the test bed?” The Industry Council for Emergency Response Technologies said “public safety’s many challenges are best addressed through technological innovation and collaboration between industry and public safety stakeholders.” The order rejected a more stringent standard, the council said: “Nothing has changed since the Order was adopted a few months ago to alter that conclusion. The establishment of a more stringent requirement, without the benefit of technical data to support it, would be arbitrary both in terms of the level of accuracy achievable and the timeframe in which it could be achieved.” The FCC asked in the FNPRM if "initiatives are underway to develop resources for mapping building heights and floor numbers," said 911 technology company RapidDeploy: “Indeed, such initiatives are underway, both private and public, at local, regional, and statewide levels.” Public safety answering points and first responders “can be ready to consume and utilize floor level information well before the proposed 5-year timeline -- many as soon as today,” the company commented.

With FCC Commissioner Geoffrey Starks hosting a field hearing in Puerto Rico Friday about the need for telecom network resiliency after widespread damage from hurricanes in 2017 (see 1710030057) and more recent earthquakes (see 2002130056), scheduled witnesses hope the hearing will call attention to Puerto Rico's plight and help the telecom industry strengthen its communications infrastructure. The Wireline Bureau is moving ahead with plans to allocate millions in funding to help such efforts.

House Commerce Committee ranking member Greg Walden, R-Ore., filed his Fee Integrity and Responsibilities and To Regain Essential Spectrum for Public-safety Operators Needed to Deploy Equipment Reliably (First Responder) Act Tuesday in a bid to address 911 fee diversion and the mandate for public safety to move off the 470-512 MHz T band by 2021. The measure would repeal language in the 2012 spectrum law that mandates the T band move and would give the FCC the power to decide on “acceptable” uses for 911 fees. It requires the FCC to create an "interagency strike force to study how the Federal Government can most expeditiously end" state governments' 911 fee diversion activities. “Public safety officials have been advocating to repeal a federal mandate to auction off their T-Band spectrum,” Walden said in a news release. “Those same people should be knocking down the doors of their state governments to make sure that 9-1-1 fees are used to support their failing infrastructure.” The T-band language appears to mirror the earlier Don’t Break Up the T-Band Act (HR-451/S-2748), while some of the 911 fee diversion text mirrors the 911 Fee Integrity Act (HR-2165). The House Communications Subcommittee has been eyeing a hearing on public safety and national security communications legislation that included an examination of HR-451 and HR-2165 (see 2002070044).

Senate Appropriations Financial Services Subcommittee Chairman John Kennedy, R-La., told reporters Thursday he plans to again meet with or talk to President Donald Trump to express his renewed ire about the FCC’s direction in planning an auction of the 3.7-4.2 GHz C band. Kennedy railed against FCC Chairman Ajit Pai’s current C-band auction plan during a Senate floor speech, criticizing the proposal to allocate about $15 billion of sale proceeds for relocation and incentive payments to incumbents on the frequency (see 2002060057). Commissioner Jessica Rosenworcel said she's supporting Kennedy’s C-band centric Spectrum Management And Reallocation for Taxpayers (Smart) Act (S-3246).