FCC issued report and order Mon. requiring wireless carriers to use new code to alert public safety answering point (PSAP) when 911 call is made from handset that lacks callback capability. Order targets noninitialized phones -- those not registered for service with wireless operator. Because carriers typically assign dialable number to handset after customer signs service contract, that means noninitialized phones lack number for PSAPs to call back for more information when 911 is dialed. Those phones include 911-only units and unsubscribed cellphones distributed by carrier-sponsored programs to domestic violence victims and other groups. Order requires carriers to program noninitialized phones with 123-456-7890 as “phone number” that will be used to notify PSAP that 911 call is coming from wireless phone without callback capability. Commission also: (1) Required carriers to complete network programming needed to deliver that phone number from noninitialized or 911-only phone to PSAPs. (2) Mandated that phones be labeled to provide notification of lack of callback capability. (3) Required public education programs to inform users of limits of noninitialized phones. Those steps “will alert the parties involved in a wireless 911 call of the need for quick information as to the caller’s exact location, thus increasing the likelihood that emergency services can be dispatched quickly to save lives, while imposing limited burdens on wireless carriers and manufacturers of 911-only telephones,” FCC said. In 1997, Commission issued Enhanced 911 order that required commercial wireless carriers to forward all 911 calls to PSAPs, regardless of caller’s subscription status. New order Mon. said that since then, donation programs had been created by carriers in which old cellphones were collected by groups and donated to individuals who needed them, such as elderly. Also new are 911-only phones. FCC said that when PSAP received call from noninitialized phone, incorrect number or no number might be received. It said it had no evidence of scope of 911 traffic generated by such phones. Based on lack of data and on evidence that technical solution would require significant network changes at substantial cost, FCC said it wasn’t imposing callback solution on carriers “at this stage.” On labeling requirement, it said carriers “must design a prominently displayed and clearly worded label and affix it to each donated or manufactured noninitialized handset.” Label should alert caller that phone can be used only to dial 911, that 911 operator won’t be able to call user back and that user should convey exact location of emergency quickly. FCC said that if problem on scope of callback issue were backed up with more data and “proves to be much larger than it presently appears,” particularly when E911 Phase 1 is ubiquitous, Commission will revisit issue of requiring technical solution. In separate statement, Comr. Copps said he was pleased FCC would conduct separate proceeding on issue of E911 compliance for increasing number of wireless service that subscribers could use for 911 calls but weren’t traditional cellphones. “These include ‘911-only’ phones and disposable phones,” he said. “Not only must we address the responsibilities of providers of these phones to provide public safety functionalities, but we also must address the challenges some of these services create for the public safety community. I am particularly concerned with the problem of mistaken or frivolous 911 calls that can not be identified because they originate from non-service- initialized phones.”
Coalition of 38 national and state groups, including Consumers Union, Cal. Public Interest Research Group, Center for Digital Democracy (CDD), Mass. Consumer Coalition, Empire State Consumer Assn., Tex. Watch and Va. Citizens Consumer Assn., came out against proposed merger of AT&T Broadband and Comcast. Comments on $72 billion deal were due on at FCC Mon., replies May 14. Merger would combine first and 3rd largest cable companies in U.S. “A combined AT&T Comcast, the nation’s largest cable company, would have the power to continue raising prices, limit choice in programming, dictate technology standards and network architecture, and ignore customer service issues,” said Mark Cooper, dir. of research for Consumer Federation of America. Organizations argued that cable industry and FCC in past had believed erroneously that alternative technologies such as satellite and DSL would discipline cable’s market power. Groups said cable “still dominates” video and high-speed Internet service and has charged low price for digital video and high prices for cable modem, although each service costs “substantially the same.” They said efficiencies claimed by Comcast Pres. Brian Roberts in recent Senate hearing (CD April 24 p3) were “not likely to be passed on to consumers because of a lack of competition,” that open set-top box standard wouldn’t be advanced by merger and that open communications networks would suffer setback as result of deal. Merger would increase level of concentration in regional and national markets by 5 times DoJ threshold, they said.
FCC established pleading cycle for Qwest request for clarity on which types of negotiated contractual arrangements between LECs and CLECs were subject to mandatory filing and preapproval requirements. Qwest filed petition for declaratory ruling last week on which of those requirements under Sec. 252 of Communications Act applied to such contractual arrangements and which didn’t. Qwest said it sought guidance to achieve uniform interpretation of law and to avoid application of inconsistent requirements to identical agreements in multiple states. Comments are due May 29, replies June 13.
Minn. PUC administrative law judge was scheduled to open hearings today (April 30) on allegations Qwest made secret “sweetheart deals” with certain CLECs in return for their dropping their opposition to Qwest regulatory initiatives including long distance entry. Complaint (Case P421/C-02- 197) filed by Minn. Dept. of Commerce, acting as consumer advocate, charged that Qwest had failed to file deals with at least 3 different Minn. CLECs in which they received special discounts, billing arrangements or service priority in return for their dropping opposition to Qwest-U S West merger and Qwest interLATA long distance entry. Dept. accused Qwest of using deals to silence critics of its merger and its long distance entry, and its failure to file deals with PUC meant other CLECs couldn’t opt into those terms; Dept. sought penalties up to $200 million. Qwest denied wrongdoing, saying agreements weren’t subject to disclosure because they were confidential settlements of disputes over rates and terms in their interconnection agreements. Company also said provisions for CLECs to drop their opposition to its regulatory petitions weren’t unusual, but were meant to ensure that CLECs didn’t try to re-litigate disputes under guise of opposing Qwest initiatives. Some CLECs have raised issue of allegedly preferential unfiled Qwest deals with selected CLECs in Ariz., Colo., N.M., Ore., Utah. Those state commissions are investigating. Qwest said it had asked FCC to determine whether it had violated Telecom Act in preference to undergoing state-by-state litigation, but FCC hasn’t said whether it will act.
Corporate 802.11 wireless networks that provide mobile LAN and Internet access are serious security risk, U. of Cal.-Berkeley Asst. Prof. David Wagner said at FCC tutorial Mon. sponsored by Office of Engineering & Technology. Weaknesses in Wired Equivalent Privacy (WEP) security protocol built into 802.11 standard are well-known, but biggest problem is that 1/2 to 3/4 of networks don’t use WEP option. WEP uses industry standard RC4 encryption algorithm, “a reasonable choice” in 1997 when 802.11 standard was released, Wagner said: “Unfortunately, WEP designers didn’t use RC4 carefully.” As implemented, even passive attacks -- hackers in van outside building -- can collect enough data traffic to deduce encryption key in a few hours, he said. Using mathematics to decipher encrypted data once was science limited to intelligence agencies, but today user-friendly computer tools needed to crack 802.11 networks are widely available as free software downloads at various hacker sites, Wagner said: “These are well-written programs that support many devices and [software] drivers.” Attackers also can “inject forged traffic,” he said. Passive monitoring and hacking of 802.11 wireless networks is major problem because of RF leakage. Although those fixed wireless networks are intended for in-building use, base stations radiate data into parking lots and surrounding streets. “Determinated hackers build a high-gain antenna that increases their range to a mile or more,” he said: “The methods of attack are sophisticated beyond my worst expectation. The hackers we know about are mostly ‘enthusiasts’ and not necessarily malicious. People using these techniques for corporate espionage don’t talk about it.” Wagner recommended network managers put 802.11 base stations outside protection of firewall and connect them to corporate network through secure virtual private network. Work by 802.11 standards committees to fix existing security problems is “a year or 2 away” and will require replacement of much of installed base of equipment, he said.
Verizon Vice Chmn.-CFO Frederick Salerno will retire later this year, no successor named… Stephanie Gibbons promoted to senior vp-advertising and promotions, Showtime… J.T. Bergqvist, Nokia IP Mobility, and Pertii Korhonen, Nokia Mobile Software, named to Nokia Group executive board… Former FCC Chmn. Reed Hundt elected to board, Mobile Internet infrastructure maker Megisto Systems.
NAB Fri. joined other appeals already filed in U.S. Appeals Court, D.C., seeking to overturn provisions of Bipartisan Campaign Reform Act of 2002, charging new law would “in good part criminalize core political speech.” Earlier appeal was filed by 27 plaintiffs -- led by bill’s principal opponent on Senate floor, Sen. McConnell (R-Ky.) -- who charged it “would radically alter, in a fundamental and unconstitutional fashion, the ways citizens, labor unions, trade associations [etc.] are permitted to participate in our nation’s democratic process.” Law goes into effect Nov. 6, following next fall’s elections.
AT&T Wireless, Cingular Wireless and Verizon Wireless asked FCC to suspend comment dates set last week by its Wireless Bureau on petition by AirCell for extension of waiver. AirCell had asked FCC to extend waiver of Sec. 22.925 of rules that expires June 9. Waiver allows AirCell to operate system using cellular equipment to provide service to airborne customers without causing interference to terrestrial cellular systems. Company asked that waiver be extended indefinitely or for at least 10 years. U.S. Appeals Court, D.C., had remanded waiver to FCC in Nov. as not being adequately reconciled with record, wireless carriers said in their motion to suspend comment deadlines. FCC hasn’t yet responded to remand, carriers said in motion filed Fri. “Meaningful opportunity for comment is dependent on issuance of the remand order because AirCell’s renewal is based specifically on the earlier order found defective by the court,” Verizon and others said. “Because the Commission has not yet responded to the court’s remand, there is no basis for extending the waiver.” Carriers contend that remand meant that FCC must issue order spelling out how it reached conclusion on noninterference in AirCell waiver decision without addressing evidence to contrary in record of proceeding. AT&T, Cingular and Verizon Wireless said that in March they filed comments in response to D.C. Circuit’s remand, arguing that waiver order couldn’t be justified and must be vacated. They told FCC that AirCell petition was based on part of waiver order that D.C. Circuit found unjustified, “namely, the Commission’s determination that AirCell operations will not cause harmful interference to terrestrial cellular service.” Carriers said that “unless and until” FCC explained basis for noninterference finding and resolved remand order in favor of AirCell, there was no basis to renew original waiver. Carriers are seeking answer from FCC on their motion by Fri.
Senate Appropriations Committee ranking Republican Stevens (Alaska) is pressing other members to support legislation he intends to introduce that “would compel the FCC” to hold long-delayed spectrum auction, spokeswoman said. CTIA Senior Vp Steve Berry said that without date certain for broadcasters to surrender 700 MHz spectrum as part of digital DTV transition, forced FCC auction would enable limited number of wireless carriers to buy and then warehouse spectrum that they could sell later at higher price. Berry said he understood that Stevens was looking out for interests of Alaskan business constituents, but said forced auction would be poorly timed in light of current Bush Administration efforts to develop long-term spectrum plan: “Stevens has been a strong defender of a competitive wireless industry, but in this instance we happen to disagree.” Stevens’ development of auction plan follows introduction of bill by House Commerce Committee leaders that would delay June 19 auction of upper and lower bands of 700 MHz indefinitely (CD April 25 p1). FCC Chmn. Powell recently said further delay would violate congressional order and could lead to lawsuits against agency. (CD April 18 p1).
With deadline 2 months away for FCC action on Verizon Wireless petition for relief on local number portability (LNP), 8th floor has yet to reach final agreement on right time period for delay, according to many sources. Verizon petitioned July 26 for forbearance on requirement that commercial mobile radio service providers support wireless LNP in top 100 metropolitan statistical areas by Nov. 24. FCC must act on forbearance petition within one year of filing date or forbearance is granted automatically unless Commission votes 90-day extension for decision to be made. Agency now appears to be spread between Chmn. Powell and Comr. Abernathy backing delay of 1-2 years and Comrs. Copps who is said to support 3-month delay, if any, and Martin, who favors 6 months, several industry sources said. At least one source said vote on forbearance item, which is on circulation on 8th floor, still could come fairly quickly.