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Good morning, Mr. Chairman and Members of the Subcommittee. I appreciate this
opportunity to appear before you on behalf of the Federal Communications
Commission (FCC) to discuss our work in support of the deployment of Enhanced
911 (E911) wireless services throughout the United States. This hearing is an
important opportunity to encourage progress in this critical public safety
matter, and I commend in particular Representatives Shimkus and Eshoo and the
other members of the Congressional E911 Caucus for their leadership in this
area.
I. Introduction In recent years, we have seen a heightened sensitivity to the
importance of crisis management and an emphasis on improving emergency response
systems. The effectiveness of these systems is tied in part to the ability of
the public to reach first responders in times of crisis. Whether calling from a
regular wireline phone or a mobile phone, Americans today demand assurances from
public officials that 911 calls will result in immediate assistance.
Most Americans have long taken it for granted that their 911 phone calls
automatically identify their location to emergency call takers. We know all too
well that this is not the case in today's world, especially with wireless
phones. This mistaken belief of the infallibility of 911 reception and location
pinpointing highlights the importance of the speedy deployment of technology to
ensure automatic location identification.
Although few Americans even owned mobile phones prior to the last decade,
Public Safety Answering Points (PSAPs) now report that they receive 30 to 50
percent of emergency calls from wireless phones. Some PSAPs reportedly receive
upwards of 60 or 70 percent of their 911 calls from wireless phones. Unlike
wireline phones, where the caller's location is identified through the address
associated with the telephone number, mobile phones, present additional
technological challenges with respect to automatic location identification.
Ensuring that each American using a wireless phone has enhanced 911
capabilities has been an important goal of the FCC's for at least the past seven
years. The Commission developed wireless E911 rules to mandate the development
and deployment of wireless 911 automatic location identification technology
prior to commercial demand for that product. The FCC's initial decision in 1996
to impose an E911 requirement on mobile wireless carriers was not based on any
statutory mandate, nor was it based on any tangible technological showing.
Nonetheless the Commission believed such a requirement served the public
interest.
Congress confirmed that assessment and added momentum to the Commission's
activities with the passage of S. 800, the Wireless Communications and Public
Safety Act of 1999. This legislation mandated 911 as the universal number for
emergency calls and aided E911 implementation by addressing key issues such as
privacy and carrier liability. It also required the FCC to continue coordination
efforts in this area, which we have done most recently through the E911
Coordination Initiative.
The Commission launched its E911 Coordination Initiative in response to the
need for greater coordination among all stakeholders, including the FCC,
wireless carriers, PSAPs, location technology vendors, incumbent local exchange
carriers (ILECs), local and state governments, equipment manufacturers, and 911
service providers. The purpose of the Coordination Initiative is to complement
current efforts by those parties to speed and rationalize the E911 deployment
process, and to ensure that all parties and the public have clear expectations
about the roles of the respective parties and their deployment plans.
Implementation is an extremely complex process, and the Commission has taken
firm steps to require that wireless carriers assume their responsibility in
ensuring that the deployment of wireless E911 is not unnecessarily delayed.
It is important to note that not all aspects of E911 deployment are within
the Commission's control. For example, financial support and assistance from
state and local authorities to provide funding to the PSAPs for their part in
this important initiative is also imperative. We know that members of Congress
and particularly members of this Subcommittee share the Commission's goal that
the entire Nation should have access to wireless E911 services as soon as
practicable. We intend to work actively to facilitate E911 deployment as quickly
and efficiently as possible.
II. Wireless E911 Deployment The deployment of E911, because of technological
and other challenges, was never intended to be a flash-cut process, but a
gradual phase-in over several years. The Commission's initial E911 decision in
1996 was based in large part on a consensus agreement developed by the wireless
carrier and public safety communities and established two phases of E911
deployment. Phase I requires carriers to deploy a service that provides the
telephone number of the 911 caller and the location of the cell site or base
station receiving the 911 call. Phase II service requires wireless carriers to
provide precise location information for wireless E911, within certain accuracy
parameters.
Despite the challenges inherent in effectuating rollout for between 5,000 and
7,000 diverse PSAPs nationwide, wireless E911 is becoming a reality. Deployment
of Phase I service is well under way. Of the Phase I requests received from
PSAPs, the six nationwide carriers have, on average, fulfilled approximately 75
percent of these requests. Phase II has required special attention. Because of
technological challenges associated with Phase II deployment, the FCC has
allowed nationwide wireless carriers to commit to individual compliance plans.
Where wireless carriers have violated the terms of their compliance plans, these
violations have led to enforcement actions.
The precise rollout of Phase II service, like that of Phase I, depends in
large part on when the PSAP makes a request to the wireless carrier for Phase II
service. PSAPs must have the ability to upgrade their systems to receive
location information and have cost-recovery mechanisms in place before a
wireless carrier must implement Phase II pursuant to a PSAP request.
Unfortunately, many jurisdictions appear not to have the required funding to
upgrade their PSAPs so that they are technologically ready to support Phase II
implementation.
Phase II implementation requires wireless carriers to select either a
handset-based or network-based solution. Wireless carriers that use
network-based solutions must deploy Phase II capability to 50 percent of the
PSAP's coverage area or population within six months of a valid request, and to
100 percent of the PSAP's coverage area or population within 18 months of a PSAP
request, unless the parties agree upon a different schedule. Wireless carriers
choosing a handset-based solution must complete any necessary upgrades to their
systems within six months of a PSAP request. Additionally, the rules provide for
specific benchmark dates by which these carriers must begin to sell and activate
a certain percentage of handsets that provide location information. By December
31, 2005, these carriers must ensure that 95 percent of their customers'
handsets are location-capable.
The 2005 date is popularly referred to as the final implementation date of
Phase II wireless E911. It is worth noting, however, that the December 31, 2005
date requires only that carriers choosing a handset-based Phase II solution
ensure that at least 95 percent of their subscribers have location-capable
handsets. By that date, the FCC also anticipates that carriers using
network-based solutions will have deployed Phase II at many more PSAPs, but
precisely when each PSAP becomes Phase II capable is dependent on the timing of
the PSAP request and the PSAP's readiness. As the Commission does not have
jurisdiction over PSAPs, there is no corresponding requirement that PSAPs
actually be able to receive Phase II data at that time.
According to reports submitted to the FCC by the nationwide wireless
carriers, Phase II has been deployed in 25 states, to approximately 400
localities across the country, and more than 800 PSAPs. Multiple wireless
carriers are providing Phase II service to their customers in metropolitan areas
such as Houston, Dallas/Fort Worth, Chicago, East St. Louis, as well as Rhode
Island. At least one wireless carrier has deployed Phase II service in cities
such as Kansas City, Miami, Richmond, San Antonio, and Indianapolis. Mid-sized
carriers have also begun deploying Phase II. These carriers have deployed in
smaller cities such as Charlotte, North Carolina, Amarillo, Texas, and Bristol,
Tennessee, and in rural areas of Arkansas, Alabama, Illinois, Kansas, Minnesota,
Missouri, North Carolina, South Carolina, Tennessee, and Texas.
Additionally, with respect to location-capable handsets, every nationwide
carrier using a handset-based approach is offering at least one location-capable
handset model, in accordance with applicable benchmarks. Last month, Verizon
Wireless reported that it is offering its customers ten different GPS-enabled
handset models, and Sprint PCS is offering fifteen location-capable handset
models. Sprint reported that it has sold over 8.8 million GPS-enabled handsets.
III. FCC Actions Promoting Continued E911 Deployment To further promote the
successful implementation and deployment of nationwide E911, the FCC has engaged
in four major areas of activity: (1) enforcement, (2) implementation, (3)
investigation of technical and operational challenges, and (4) outreach and
coordination. As discussed below, all four areas are essential to ensure that
E911 deployment moves forward as swiftly and effectively as possible.
A. Enforcing FCC Directives The FCC has not hesitated to use its enforcement
power when wireless carriers are not justified in failing to meet the FCC's
requirements. When the FCC reported to the House Telecommunications Subcommittee
on the status of E911 in 2001, we indicated that individual compliance plans for
the nationwide carriers were in place. Since that time, the Commission has taken
the following actions where carriers have failed to comply with these plans: ·
Entered into consent decrees with AT&T Wireless (June 2002) and Cingular
Wireless (May 2002) regarding deployment of E911 over their Time-Division
Multiple Access (TDMA) Networks, notwithstanding the fact that both carriers
plan to phase out much of their TDMA networks as they transition to the Global
System for Mobile Communications (GSM) standard. These consent decrees require
AT&T Wireless and Cingular Wireless each to make a $100,000 voluntary
contribution to the U.S. Treasury, to deploy E911 Phase II technology at their
TDMA cell sites, and to provide Phase II service in response to PSAP requests by
specified benchmark dates. The consent decrees also require the carriers to make
automatic penalty payments for failure to comply with deployment benchmarks and
to submit periodic reports on the status of their compliance efforts. Both
carriers have met their benchmarks to date: AT&T Wireless has deployed Phase
II technology to over 2,000 cell sites, with nearly 1,200 of those sites
currently providing Phase II service, and Cingular has deployed Phase II
technology at over 2,400 cell sites, with Phase II operational in nearly 1,700
of those sites. · After issuing a Notice of Apparent Liability against AT&T
Wireless for apparent E911 violations concerning its GSM network, the Commission
and AT&T Wireless entered into a consent decree in October 2002 to address
these apparent violations. This decree requires AT&T Wireless to make a $2
million voluntary contribution to the U.S. Treasury, to deploy E911 Phase II
technology at its GSM cell sites and provide Phase II service in response to
PSAP requests by specified benchmark dates. The consent decree also requires
AT&T to make automatic penalty payments for failure to comply with
deployment benchmarks and to submit periodic reports on the status of its
compliance efforts. AT&T Wireless has met its benchmarks to date, reporting
that it has deployed Phase II technology to 2,000 cell sites on its GSM network.
· In March, the FCC issued a Notice of Apparent Liability against T-Mobile for
apparent E911 violations relating to its Phase I deployment, finding T-Mobile
apparently liable for a forfeiture in the amount of $1,250,000. · Recently, the
Enforcement Bureau initiated an investigation into Cingular Wireless's and
T-Mobile's deployment of E911 Phase II with respect to their GSM networks and
will make a recommendation to the FCC shortly on how to proceed. We hope to have
compliance plans and schedules in place soon.
The Commission continues to monitor each carrier's progress in deploying
Phase I and Phase II E911 and to investigate alleged failures to meet
FCC-mandated benchmarks. Where warranted, the FCC will continue to take quick
action to ensure that wireless carriers comply with the FCC's E911 rules and
regulations. In other cases where the public interest warrants, we have provided
additional flexibility in situations where delayed compliance is beyond the
wireless carrier's control. Such cases are carefully scrutinized and reviewed.
It is worth noting that the three wireless carriers deploying GSM networks
have experienced difficulties in meeting their benchmarks due to technology
problems. The Commission has met repeatedly with these carriers to emphasize the
seriousness of the existing benchmarks. Further, these carriers were referred to
the FCC's Enforcement Bureau. Within the past several months, all three carriers
have announced their decision to switch location technologies to ensure more
rapid deployment and improved performance of their E911 systems. B. Moving
Towards Full Implementation Although significant progress is being made, we
still have a long way to go before wireless E911 is deployed across the Nation.
In addition to actively enforcing the existing rules, the FCC is also looking at
new ways to help speed and smooth E911 implementation. To this end, over the
past year, the FCC has made a number of E911-related rulings, including: ·
Setting a deployment schedule for smaller, including many rural, non-nationwide
carriers to begin to provide E911 service. Under this schedule, mid-sized
carriers were required to begin deployment by March 1, 2003 and small carriers
are scheduled to begin deployment this fall. Like the nationwide carriers,
mid-sized carriers must report regularly on their E911 deployment progress, and
smaller carriers must provide a report outlining their plans for E911 deployment
later this summer. · Clarifying PSAP readiness issues and providing for a
certification process for wireless carriers where wireless carriers have
completed all necessary steps toward E911 implementation that are not dependent
on PSAP readiness. · Providing guidance on cost recovery issues regarding the
demarcation point between PSAPs and carriers. · Issuing a Further Notice of
Proposed Rulemaking seeking public comment on whether and how the 911 and E911
rules should apply to technologies not currently covered by the rules, such as
Mobile Satellite Service, telematics services, and emerging voice services and
devices; and seeking updated information on issues involved with the delivery of
callback and location information on 911 calls from stations served by
Multi-Line Telephone Systems, such as PBXs. This item provides an early forum
for the possible extension of our 911 and E911 rules. In other instances, the
Commission directly responded to concerns raised by several of the national
public safety organizations regarding the unnecessary diversion of PSAP
resources to respond to unintentional or harassing 911 calls from wireless
phones. In October 2002 and pursuant to a specific public safety request, the
Commission issued a public notice clarifying that its 911 call-forwarding rule
does not preclude wireless carriers from blocking fraudulent 911 calls from
non-service initialized (NSI) phones pursuant to state and local laws. The
public notice highlighted the waste of public safety resources that results from
fraudulent 911 calls made from NSI handsets, which lack a call back number. The
Commission continues to look at the issue of NSI wireless phones through an
ongoing proceeding.
In December 2002, the Commission released a Staff Report on unintentional
wireless 911 calls, which occur when a consumer accidentally dials 911, often
through use of a pre-programmed auto-dial key. The report confirmed that
unintentional wireless 911 calls pose a significant problem for PSAPs, and
outlined steps that industry participants can and should take to address the
problem. For example, the major wireless carriers have requested that their
vendors cease shipping phones with an active, auto-dial 911 feature. In nearly
all cases, wireless phones distributed by these carriers have not had an
auto-dial 911 feature since at least February of 2002. In addition, the Cellular
Telecommunications and Internet Association (CTIA) has modified its handset
certification program such that certified handsets may not be pre-programmed
with an auto-dial 911 feature.
The FCC has also received a commissioned report of an independent expert,
Dale Hatfield, which examined the technical and operational issues affecting
wireless E911 implementation. Mr. Hatfield, a widely respected
telecommunications expert with nearly four decades of experience, met with
interested parties to elicit more detailed information regarding E911 deployment
issues. In October 2002, he released a report to the Commission containing his
findings and recommendations. The Commission sought public comment on the
Hatfield Report late last year.
In his report, Mr. Hatfield made a number of findings identifying obstacles
to E911 deployment, which include: · Wireless carrier implementation issues ·
ILEC cost recovery and technical issues · Cost recovery and PSAP funding issues
· Ongoing need for PSAP education, assistance, and outreach · Lack of
comprehensive stakeholder coordination
While the FCC had already become aware of many of the issues raised in the
Hatfield Report and was working on potential solutions, the Hatfield Report
suggested many novel approaches, which the FCC is actively studying and, in some
cases, implementing. For instance, the Commission is taking a greater role in
formal coordination through the FCC's E911 Coordination Initiative.
C. Overcoming Technical and Operational Challenges The Hatfield Report
confirmed that ILECs play a critical role in the deployment of wireless E911
service. ILECs generally serve as 911 system operators, providing trunks,
facilities, and services necessary to connect wireless carriers and PSAPs. For
Phase II, they also provide the Automatic Location Identification (ALI)
databases that are used for wireline 911 and must be upgraded to accommodate
wireless ALI data. The FCC has sought cooperation from the ILECs to fulfill
their E911 implementation role. In response to concerns from both the PSAP and
wireless communities, late last summer, the FCC requested additional information
from the six major ILECs regarding their role in E911 deployment, including
specific information on technical issues and cost recovery plans.
Additionally, Commission staff has been working with state commissions,
wireless carriers, PSAPs, and ILECs regarding specific cost issues that have
been brought to our attention. In one instance, the Commission staff issued a
letter regarding a dispute over responsibility for the costs to upgrade ALI
databases for purposes of deploying wireless E911 Phase II service. We fully
intend to take action where appropriate to ensure that actual wireless E911
deployment is not delayed because of perceived regulatory disputes. In an Order
released last fall, the Commission similarly expressed concern over the
potential for delay due to a lack of cooperation by the ILECs and noted that it
would consider enforcement actions or additional regulatory obligations, if
necessary.
The Hatfield Report also confirmed that there continue to be E911
implementation issues beyond the Commission's purview. Specifically, we note
that PSAP funding continues to be a significant barrier to deployment. Although
cost recovery mechanisms are in place in a number of states, these funds have on
occasion been diverted for other uses unrelated to E911. If PSAPs do not have
funds in place to upgrade their systems, Phase II service will not be
implemented in those areas. We know that this issue already has been raised by
the Congressional E911 Caucus, and we applaud its efforts to resolve this
critical issue. This issue was one of the numerous issues addressed at the E911
Coordination Initiative's April 29 meeting.
Other issues that have been raised with the FCC include E911 compliance
following the implementation of Local Number Portability and how to overcome
related technical difficulties, and E911 accuracy concerns associated with rural
carriers, particularly those with TDMA networks. We are currently evaluating
these issues, and hope to have further guidance on these issues later this year.
D. Coordination and Outreach Wireless E911 implementation is a highly complex
process that requires an enormous amount of coordination. Both coordination and
outreach are essential components in the Commission's ongoing effort to
facilitate E911 implementation. Most recently, the Commission kicked-off of the
E911 Coordination Initiative on April 29, 2003.
This widely attended meeting brought together representatives from the
federal government, the public safety community, wireless carriers, ILECs, and
other interested stakeholders to share experiences and devise strategies for
expediting E911 deployment. All of the Commissioners participated in the event,
as did Dale Hatfield, who gave a brief oral report. The meeting addressed
ongoing implementation issues such as PSAP funding, wireless carrier
implementation and prioritization, issues relating to LECs, and challenges faced
by rural carriers. Panelists shared their success stories on the various topics,
in order to inform other similarly situated stakeholders how to overcome
deployment obstacles. The stakeholders addressed a number of themes, including:
· Strong leadership and vision is essential to ensure swift E911 deployment ·
State or regional E911 points of contact are critical for carriers to ensure
swift deployment · For PSAP readiness, cost recovery and proper management and
distribution of funds are key steps toward ensuring wireless E911 rollout
This meeting was the first in a series of more formal coordination efforts to
allow the Commission to facilitate E911 deployment. The next meeting of the E911
Coordination Initiative will take place in the fall.
In addition to the Coordination Initiative, both my Bureau and the Consumer
& Governmental Affairs Bureau (CGB) have provided ongoing outreach to
consumers, public safety, tribal governments and state legislators on E911
issues. CGB staff will be meeting with the National Association of Regulatory
Utility Commissioners, the National Congress of American Indians and the
National Conference of State Legislators this summer to discuss the FCC's E911
Coordination Initiative and to discuss ways we can work together to speed E911
implementation. To educate the public, CGB recently established a Consumer Alert
on unintentional 911 calls and WTB has established a web page focused solely on
911 and E911 issues.
The FCC has also established points of contact designated by the Governors in
all 50 states and three of the U.S. territories to work jointly to identify E911
funding and deployment solutions. The FCC expects to hold an E911 roundtable
later this year with the Governors' designees as part of an ongoing dialogue to
discuss E911 options and identify solutions. Additionally, the FCC intends to
engage its Local and State Government Advisory Committee to work on the
development of a state-by-state funding and implementation survey. The
Commission also will continue working with tribal governments to facilitate the
deployment of E911 on tribal lands. Through these cooperative efforts, the FCC
seeks to facilitate the expeditious deployment of E911.
We also have been monitoring the E911 coordination efforts of other
organizations to enhance stakeholder coordination and applaud the joint efforts
of industry and public safety. For example, public safety outreach efforts such
as the National Emergency Numbering Association's Strategic Wireless Action
Teams Initiative and the Association of Public-Safety Communications Officials'
Project Locate have been instrumental in ensuring that local PSAPs are aware of
their responsibilities and assisting with on-the-ground implementation efforts.
Additionally, the joint industry and public safety group, Emergency Services
Interconnection Forum (ESIF), an arm of the Alliance for Telecommunications
Industry Solutions, has worked to develop and refine technical and operational
interconnection issues to ensure wireless 911 will be available to everyone.
Earlier this year, ESIF submitted to the Commission a PSAP Readiness Package,
which was developed through the joint efforts of wireless carriers, 911 service
system providers, and public safety organizations. This serves as a useful tool
for PSAPs that are unfamiliar with the E911 request process. The Department of
Transportation (DOT) has also established a Wireless E-911 Initiative, which
includes efforts to bring national leadership and attention to the E911 issue,
to provide technical assistance and guidance and training to accelerate PSAP
readiness, and to engage the Nation's leading information technology experts in
a reexamination of the technological approach to E911. FCC and DOT staffs have
been actively involved in coordination; FCC staff has attended DOT's Wireless
E-911 Initiative Steering Council meetings and DOT in turn participated in the
FCC's Coordination Initiative meeting. Most recently, DOT issued a Wireless E911
Initiative Priority Action Plan outlining six urgent priorities to E911
deployment, and I commend the DOT for its efforts.
IV. Conclusion Wireless communications have become increasingly important to
our national communications infrastructure and in our everyday lives. The United
States is the only nation in the world that has required that all wireless calls
have E911 capability to assist the public safety community in performing their
vital work. All the stakeholders who have worked on this process - Congress, the
public safety community, wireless carriers, ILECs, state and local governments,
equipment vendors, technology vendors, and the Commission - should be proud of
this accomplishment. These very same stakeholders must continue to be diligent
in completing the availability of Nationwide E911 in the near future.
For its part, the Commission continues to make wireless E911 deployment one
of its highest priorities. We have come a long way, and through some difficult
times, but we are optimistic about the future of wireless E911. We appreciate
Congress's efforts, and in particular, the efforts of members of this
Subcommittee, to keep this issue in the forefront. We plan to continue our
efforts on various fronts, but especially, the E911 Coordination Initiative, to
ensure that E911 deployment continues apace.
I would like to thank the Subcommittee for this opportunity to provide
information on wireless E911. I look forward to hearing your views and answering
any questions you may have.
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