Pai Said to View Himself as Public Safety Champion; Critics Disagree

Public safety issues rarely dominate the agenda of any FCC chairmen, as in 2004 when one of the biggest focuses of then-Chairman Michael Powell was the 800 MHz rebanding, aimed at protecting safety users from interference. Four years later, then-Chairman Kevin Martin pushed through a failed plan to reallocate the 700 MHz D block for public safety. The main contender, Frontline, dropped its pursuit of the band, which went unsold at auction but now is part of FirstNet. Every chairman since has focused on a few public safety issues.

In 2006, Martin reorganized the FCC, creating a new Public Safety Bureau to emphasize its importance (see 1903250005). Much of the action since has shifted to FirstNet, the nationwide network created by Congress in 2012, under NTIA. FirstNet has taken on finding suitable spectrum for first responders, which once loomed large at the commission.

Chairman Ajit Pai views himself as a champion of public safety, considering it an important part of his legacy. Pai is to be honored for his leadership at an APCO dinner next month, as is Public Safety Bureau Chief Lisa Fowlkes. Supporters praise Pai for work on hurricane recovery.

“Whether it is helping save American lives, promoting more resilient, reliable, and secure communications, or assisting disaster-stricken communities, public safety is a top priority for Chairman Pai,” an FCC spokesperson emailed. “Through his leadership, the FCC has taken important steps to leverage technology and work closely with communities and other stakeholders on a wide range of policy initiatives to improve 911 location accuracy, the geographic accuracy of Wireless Emergency Alerts, and disaster response. ... Pai was also a leader in the successful effort to enact Kari’s Law to facilitate 911 direct dialing, and the Commission is now actively working to implement this legislation.”

Others say the agency should focus more on public safety. “The FCC is about 80 yards from the goal line when it comes to public safety,” said former Commissioner Michael Copps, now at Common Cause. “The issue goes far beyond E-911, emergency alerts, and even FirstNet, which has been years too late to develop.”

“While the commission has done good work on certain specific public safety issues, like E-911 location accuracy, we continue to neglect our broader statutory responsibility to protect the national defense and public safety interests reflected in our communications networks,” Commissioner Geoffrey Starks told us.

911 Outages

In December, CenturyLink suffered a nationwide 911 outage (see 1812280033), Starks observed. “Other than announcing an investigation, we don’t know what steps the commission is taking to make sure this doesn’t happen again,” he said, noting 911 outages occur frequently. The FCC also regularly receives reports from providers about consumer proprietary network information breaches, he said. “However, we haven’t brought an enforcement action since 2016,” he said. “What are we doing to mitigate future outages and breaches and hold people accountable? This is something I will be exploring.”

Pai has been “very good” on public safety, countered Phoenix Center President Lawrence Spiwak. After the Sept. 11, 2001, attacks, the emphasis was on building a network for public safety, but FirstNet addressed that, he said. “When the hurricane hit Puerto Rico” in 2017 (see 1711070068), Pai “was absolutely phenomenal,” Spiwak said. “He has put that at the top of his agenda.”

Spiwak said his initial reaction was the FCC isn’t the Federal Emergency Management Agency, “What can it do?” The FCC made sure towers and networks were restored and people had connectivity, he said. The FCC also diverted USF funds to pay for restoration.

The last big public safety item at a commissioners' meeting, in March, was a Further NPRM proposing a vertical location accuracy metric of plus or minus 3 meters for 80 percent of indoor wireless calls to 911. Public safety officials raised concerns that the level of accuracy of the metric isn’t good enough and Commissioner Jessica Rosenworcel dissented (see 1903150067).

Other Initiatives

Pai also has focused on wireless emergency alerts. The FCC approved an order last year imposing a Nov. 30, 2019, deadline for carriers to more accurately “geo-target” the alerts, and promised to consider waivers if technical issues arise (see 1801300027). In February, Pai urged industry and standard setting bodies to wrap up work on standards for improved geotargeting (see 1902060058).

Last summer, Pai asked the Broadband Deployment Advisory Committee to focus on infrastructure and disasters (see 1807270020). The Public Safety Bureau is probing how carriers are implementing the industry’s wireless resiliency cooperative framework (see 1811060052). There's a 2018 rulemaking looking at proposals to open the 4.9 GHz band, dedicated to public safety but long underused (see 1803220037). New York City and others asked the FCC to preserve the band for public safety use (see 1807060019).

Another area of concern has been a provision in the 2012 spectrum law that mandates public safety agencies move off the 470-512 MHz T band by 2021 (see 1808020051). The band is still used by public safety in major metropolitan areas, but most of the action has been in Congress, where legislation looked at repealing that requirement (see 1811060047).

The FCC spokesperson also highlighted the agency’s work on disaster recovery, including spending to rebuild networks in Puerto Rico and the U.S. Virgin Islands after hurricanes. “As we prepare for this year’s hurricane season, we are reminded of the many dedicated staff within the FCC and in emergency operation centers around the nation who stand at the ready 24/7/365 to support our fellow Americans in times of need and to help protect and restore critical communications assets,” the representative said.

Cybersecurity

Starks said the FCC needs to do more to bolster cybersecurity. “We already know about serious security vulnerabilities in our current and next-generation communications networks that could harm our nation’s economy and national security,” he said. “The stakes could not be higher. If breached, next-generation networks could turn cutting-edge technologies like autonomous vehicles, drones and utility operations into public safety threats of epic proportions. … We have already seen cyberattackers turn inadequately protected internet-connected devices into vast platforms for launching coordinated attacks.”

The FCC has a role to play on cyber, Starks said. “The law directs the FCC to protect communications networks and we must take strong actions to require telecom companies and others who use communications networks to adopt and maintain measures that will effectively protect our critical communications,” he said. “The FCC must also work in consultation with other federal agencies to bring our expertise in communications networks to bear where broader considerations of national security intersect with communications networks and policy.” The agency rep noted the agency is looking at national security implications of USF supporting foreign telecom gear outlays.

“Public safety must be a core component of the FCC's mission,” Copps said. “How the commission treats issues like Lifeline and net neutrality has public safety consequences. ... Does throttling the Santa Clara fire department help protect us?” In 2018, the Santa Clara County, California, alleged that Verizon had throttled service to firefighters during the Mendocino Complex Fire, the largest fire in state history (see 1808240039).

“Of all the issues where I think the FCC could lead in making a significant difference in improving the health and welfare of the American public, this should be on the top three list,” said former FCC Chief of Staff Blair Levin about public safety. “The delta between the system we have, based on 1950s technology, and the system we could have with today's technology is huge. But given the multilayered governance issues, it requires a kind of leadership that is difficult and unusual for either the FCC, the administration, or the Congress to exercise.”

Levin said FirstNet and 911 technology companies must be part of the solution. “There are many puzzle pieces that have to be put together and as of today, I don't think that there is anyone in government who believes he or she has the political and financial capital necessary to make our system as smart, fast and robust as it should be,” he said.

Chief Counsel Jeff Cohen noted APCO last week told Public Safety Bureau staff of concerns on several items. It warned, in docket 07-114, that proposed z-axis rules don’t provide accurate enough information for first responders. On the wireless resiliency cooperative framework, APCO worries 911 call centers “lack useful contact information for carriers and effective situational awareness of network outages.”