Rural telcos and ILECs urged FCC not to grant CTIA request for ruling that wireline carriers had obligation to port customer’s phone number to wireless provider in certain cases. Some wireline carriers argued in comments this week that CTIA wanted ILECs to port numbers out of their rate centers to wireless providers, but didn’t commit to wireless- to-wireline local number portability (LNP). BellSouth told FCC if agency couldn’t provide guidance on issue in “timely manner,” it should consider extending wireless LNP deadline. Wireless and wireline carriers need 7-8 months to craft technical specifications to implement wireless LNP on competitively neutral basis, carrier said.
Country of origin cases
Some industry groups urged FCC to exercise caution before expanding basic and Enhanced 911 rules beyond wireless operators now covered. Motorola, Telecom Industry Assn. (TIA) and others said Commission shouldn’t stretch limited public safety resources beyond continuing efforts on Phase 2 wireless E911. FCC in Dec. adopted further notice to study whether mobile satellite service (MSS) operators, multiline phone systems, IP telephony providers and telematics systems should meet E911 mandates. Commenters were split on how MSS licensees should be required to track location of emergency calls. Challenge of applying E911 to PDAs and IP telephony was raised repeatedly.
T-Mobile USA, Nextel and Cingular Wireless challenged FCC order that set out guidelines for requesting information about Enhanced 911 Phase 2 readiness of public safety answering points (PSAPs). In 3 petitions for reconsideration, carriers said order didn’t adequately consider complexities of when PSAP or wireless operator was “ready” to deploy E911 Phase 2. FCC was responding to earlier petitions for reconsideration filed by Cingular and Sprint PCS over original Richardson, Tex., order. Richardson asked FCC to spell out when PSAP requests for E911 service were valid. Commission said such requests were valid if any upgrades needed on PSAP network would be completed within 6 months and if PSAP had made timely request to LEC for trunking and other facilities needed to transmit E911 data. In latest Richardson order, Nextel’s petition for reconsideration said FCC had adopted “new procedural guidelines for requesting information about a PSAP’s Phase 2 readiness and created a labyrinth of new requirements and potential liabilities for wireless carriers as part of the deployment process.” Nextel said agency improperly assumed PSAP request could be deemed “valid” or “invalid.” Company said problem arose when both carrier and PSAP might be ready but each had deployed different solution with different standards, meaning technologies couldn’t work together and Phase 2 couldn’t be rolled out. Nextel said that created “gray area” of readiness. “The better approach is a rule that imposes on carriers an obligation to work in good faith -- with all relevant stakeholders -- to deploy a requesting PSAP within 6 months of a request,” Nextel said. “If good- faith efforts fail, the Commission should provide an expedited process for parties to resolve deployment disputes.” Cingular asked FCC to vacate both Richardson orders, saying they violated Administrative Procedure Act and were contrary to “long-standing” policies on E911 rollout. It said FCC should: (1) Reaffirm that PSAPs be ready to receive and use Phase 2 data before they requested it. (2) Require PSAPs to document readiness when they submitted Phase 2 request. (3) Clarify that 6-month period for responding to PSAP request began when PSAP’s readiness was challenged. (4) Expedite process for dispute resolution. Cingular said FCC eroded readiness requirements for PSAPs in Richardson orders by stipulating initially that PSAP could be capable of using Phase 2 information within 6 months but later requiring carriers to deploy necessary equipment even if PSAPs couldn’t use it in that time. T-Mobile asked what wireless carrier’s obligation would be at end of 6-month period if PSAPs wasn’t ready to receive and use E911 data, saying Richardson order didn’t fully answer that question. T-Mobile said FCC provided process for carrier to certify, at end of 6 months, that it hadn’t finalized deployment because PSAP couldn’t receive and use E911 data. FCC left unclear whether that could be filed if PSAP weren’t ready to receive data until it was too late to allow carrier to finalize rollout in 6 months.
Senate Commerce Committee will hold hearing on E911 March 5 and hearing in House Commerce Committee is likely to follow, members said at press conference to launch Congressional E-911 Caucus. Caucus is headed by: Senate Commerce Communications Chmn. Burns (R-Mont.), Sen. Clinton (D-N.Y.), Rep. Shimkus (R-Ill.), Rep. Eshoo (D-Cal.). Highlighting public safety and homeland security, members said caucus would focus on determining what steps now need to be taken to ensure that E-911, and E-911 services for wireless phones, are deployed nationally. Members cited need for increased cooperation and said different parts of country are providing different challenges for E-911 implementation. In some places, funding for E-911 services has been diverted in some states, members said. Burns said he recognizes financial difficulties in modernizing 911 for enhanced service and wireless. Burns also said other issues will have to be addressed, including privacy. Clinton said caucus was also focused on “getting the word out,” which would help legislators gauge how much funding is needed for localities to implement E-911. National Emergency Number Assn. (NENA) task force, called Strategic Wireless Action Team (SWAT), will likely help legislators determine where funding and other action is needed, said Shimkus, who was original sponsor of Wireless Communications and Public Safety Law of 1999, which legislated transition to E-911. Both CTIA and AT&T Wireless applauded launch of caucus. Witness list and time for March 5 Senate Commerce Committee hearing on E-911 hasn’t been announced.
FCC denied Advanced Communications petition to reopen 1994 proceeding requesting extension of time for construction, launch and operation of DBS system. International Bureau (IB) denied original request and Commission upheld decision in 1995 (CD May 9/95 p3). Commission said “new and previously unavailable evidence” Advanced submitted was attempt to re-argue that decision was illegally based on future revenue resulting from auction of Advanced spectrum. Re-opening case would require “strong showing of sufficiency of evidence,” which Advanced didn’t do, Commission said: “Given the time that has passed since the termination of the Advanced proceeding, and the use that has been made of the satellite orbital locations and frequencies, the burden is extraordinarily high in this case.”
FCC should waive application processing and regulatory fees Orbcomm owes from 2002, company said in amended petition for fee waiver. FCC managing dir. had dismissed original petition and said that although Commission granted waivers of conditions in financial hardship, Orbcomm didn’t present enough documentation “to establish a compelling case.” Fees could total more than $130,000, which company said it needed for “substantial income shortfalls and [to] meet operational expenses.” Although Orbcomm expects additional outside investments, it anticipates negative net operating income through 2003.
Software developer RedSky Technologies told FCC in comments that lack of widespread Enhanced 911 deployment in office buildings put tenants at risk. Due to adverse weather in Washington this week, original comment deadline of Tues. for this and other proceedings was extended until Wed. because federal govt. was closed Tues. FCC adopted proposal in Dec., seeking feedback on whether to extend access to emergency services by users of telematics, mobile satellite services and multiline telephone services, which aren’t covered by existing E911 rules. RedSky cited problem of multiline phone systems in office buildings providing only building address to emergency dispatcher, rather than office and floor location of 911 caller. RedSky said that without uniform national policy, E911 readiness by large institutions would “remain spotty and indiscriminate… Our experience in the marketplace is that most organizations would rather take their chances and not be E911 ready than invest additional resources in upgrading and maintaining their phone systems to have E911.” Company estimated that less than 20% of business, schools and public facilities in U.S. had phone system equipped to provide detailed location information about 911 caller’s whereabouts.
CEA questioned whether FCC, “without further congressional guidance, has jurisdiction to impose mandates on broadcast receivers and home-networked devices,” in comments on agency’s broadcast flag proceeding. However, program producers said broadcast TV gradually would cease to exist without flag because producers wouldn’t make high- quality programming available.
Launch of Intelsat 907 satellite via Ariane 44L from Kourou was completed Sat., Intelsat and Arianespace said. Original launch date was Feb. 12, but it was delayed by high winds. Launch was last of 116 for line of Ariane 4 rockets. Bird was built by Space Systems/Loral and Alcatel Space constructed 22 Ku-band and 36 C-band transponders. Intelsat 907 will provide service to Americas, Europe and Africa from 332.5 degrees E, replacing Intelsat 605, which will be moved to 330.5 degrees E, company said.
Winstar Spectrum petitioned FCC for reconsideration of action by Wireless Bureau’s Public Safety & Private Wireless Div. that turned down its request for more time to finalize assignment of 15 LMDS licenses. At stake is LMDS spectrum that newly constituted Winstar is attempting to transfer from old company that filed for Chapter 11 bankruptcy protection, which later turned into Chapter 7 liquidation. In Dec. 2001, IDT purchased assets of old Winstar, which already had entered bankruptcy. In April, FCC approved assignment of old company’s licenses to new company, conditioning LMDS transfer on payment of required unjust enrichment payments totaling $8.5 million. Those requirements are designed to prevent small carriers that receive bidding credits from flipping spectrum to larger competitors by applying penalties if licenses are sold within certain period. FCC denied request by New Winstar to waive unjust enrichment provisions in this case. In new petition, company said it had been unable to meet requirement that Chapter 7 debtor, Old Winstar, make unjust enrichment payment before licenses could be transferred. Bureau last month granted additional 90 days from original Oct. 16 date on which unjust enrichment payment condition was outlined. That extended period in which New Winstar was required to consummate LMDS transfer until Jan. 14. “Due to the bankrupt status of the assignor of these licenses it [FCC] is faced with an unusual situation for which there is no evident Commission precedent,” Winstar said. It’s clear that trustee of bankrupt debtor won’t make entire unjust enrichment payment that would allow LMDS licenses to be transferred, petition said. Company said it wanted assignment of those licenses to remain pending until it could be assessed whether New Winstar ultimately would receive those licenses now held by Old Winstar.