Firm to Pay $61,000 Fine for LED Signs

The FCC’s Enforcement Bureau today released a consent decree resolving an investigation into whether a company violated the FCC’s rules in the marketing of LED signs. “To settle this matter, Liantronics admits that it marketed LED signs without the required equipment authorization, labeling, and user manual disclosures, will implement a compliance plan, and will pay a $61,000 civil penalty,” the bureau said in an order in file no. EB-SED-17-00024694. – Courtesy TR Daily

Fewer than One-Third of Providers Have 911 Circuit Diversity, Monitoring

Fewer than one-third of the 188 communications service providers that offer 911 capabilities and filed certifications with the FCC reported having 100% diverse 911 circuits and diverse network monitoring in 2017, according to a report released today by the Public Safety and Homeland Security Bureau. But nearly 90% reported having backup power in all central offices that service public safety answering points (PSAPs).

“Of the 188 covered entities that filed certifications, 48 certified that they have diverse 911 circuits to all PSAPs to which they provide 911 circuits. Twenty covered entities certified that they have implemented alternative measures in lieu of circuit diversity for all of the PSAPs that they serve. Fifteen covered entities certified that they provide diverse 911 circuits to some PSAPs and that they have implemented alternative measures to other PSAPs to which they provide 911 circuits,” the report said. “There were 6,769 unique PSAPs listed in the certifications for 911 circuit diversity. The certifications showed that of these 6,769 PSAPs, 3,855 PSAPs had diverse circuits and 2,914 had implemented alternative measures.”

The report added that of those providers that filed certifications, “51 stated that they have diverse monitoring in all of their 911 service areas, and ten stated that they have certified alternative measures in all 911 service areas. Seven covered entities certified that they provide diverse monitoring in some of their 911 service areas and have implemented alternative measures in all other 911 service areas.”

The report also said that of the carriers that submitted certifications, “165 indicated that they have certified backup power in all central offices that serve PSAPs. Nine certified that they have alternative measures for backup power in all such central offices, and four covered entities certified that they have back-up power in some central offices and have implemented alternative measures in all other central offices.”- Paul Kirby,

Parties Weigh in on Ways to Address Misrouted 911 Calls

Public safety and industry entities have weighed in at the FCC with suggestions on ways to ensure that 911 calls place from cellphones reach the correct public safety answering points (PSAPs), even though some say hard data on the scope of the problem is elusive. Parties offered diverse opinions on whether technologies currently exist to address the problem and if they should be deployed, or whether it would make more sense to focus resources on the deployment of next-generation 911 technology.

The comments were filed in PS docket 18-64 in response to a notice of inquiry adopted in March seeking input into ways to address situations where 911 calls from cellphones are misrouted to the wrong PSAP because the location of the cell tower being used by phone is not in the same PSAP jurisdiction as the caller (TR Daily, March 22).

The NOI seeks input on ways call-routing could be improved, and on ways the FCC could facilitate and encourage such improvements. It notes that recent technological improvements could enable routing based on the caller’s actual location.

The item also seeks comments on recommendations regarding location-based routing made by the FCC’s Communications Security, Reliability, and Interoperability Council (CSRIC) in 2016 and asks about the costs and benefits of adopting location-based routing.

In its comments, the Association of Public-Safety Communications Officials-International said that the lack of interoperability among PSAPs can exacerbate the impact of misrouted 911 calls.

“There are still instances where PSAPs have to manually call each other to convey the information about an emergency. This holds true both for misroutes and for other incidents that would benefit from seamless voice and data sharing between PSAPs, such as calls for mutual aid,” APCO said.

“Unfortunately, early-adopter deployments of NG9-1-1 components such as ESInets have shown that the introduction of IP-based technology alone is not solving the interoperability problem,” the filing said.  “Policymakers, industry partners, and 9-1-1 authorities must recognize and work to resolve this problem.”

APCO also said that it “would welcome additional data but anticipates that precisely quantifying the scope of the problem will be difficult. PSAPs may have different policies and capabilities for transferring as well as tracking misrouted calls. Additionally, the dynamic nature of wireless networks can mean that even two 9-1-1 calls made from the same location could route to different PSAPs because one call might route based off of the nearest tower while the other call might connect through a different tower or cell sector that has been set up to route to a different PSAP based on pre-established boundaries. The frequency of misroutes likely varies greatly across PSAPs.”

“The Commission seeks comment on the CSRIC Report’s recommendations about several location-based routing solutions. APCO generally supports the Report’s recommendations. In particular, APCO agrees with the recommendations that the Commission should take steps to ensure that any location estimates considered for routing 9-1-1 calls are accurate, and support the independent testing and analysis of new location technologies that promise significantly increased accuracy and speed. PSAPs are all too often approached by companies promising solutions, without feasible methods to verify the claims or hold the providers accountable,” APCO said.

APCO noted that “the Commission asks whether the NEAD [National Emergency Address Database] will be capable of being leveraged to obtain a caller’s location for the purpose of routing a 9-1-1 call. APCO would urge caution on prematurely considering the use of the NEAD for routing purposes. While the NEAD holds great promise for achieving a dispatchable location solution for wireless 9-1-1 calls, particularly inside buildings, it remains in development. At this point, efforts concerning the NEAD should therefore remain focused on its intended purpose.”

“Finally, the Commission asks what role, if any, it should play in the creation or implementation of standards or practices for location-based routing. Standards are best handled by industry standards bodies. As a general matter, the introduction of new technology and architectural approaches will make it increasingly difficult for 9-1-1 authorities and service providers to be clear on their respective responsibilities for allocating costs,” APCO said. “Accordingly, the Commission can provide much-needed support by continuing to offer clarification and ensuring that PSAPs do not bear costs that the Commission’s rules would otherwise allocate to service providers.”

“Until the IP-native routing features of NG9-1-1 arrive, NENA supports the development and implementation of proven interim processes and technologies for location-based routing. However, NENA respectfully requests caution by the Commission that interim solutions neither cause harm to existing routing mechanisms or delay the implementation of NG9-1-1 native location-based routing,” said the National Emergency Number Association.

“The Notice requests comment on the viability and effectiveness of provisioned or registered civic addresses. Location based routing using civic address can be successful, assuming addresses are accurate. Registered or provisioned addresses have proven to be problematic if provided by customers, because the large percentage of these that are nomadic VoIP are not kept updated by their users,” NENA said. “Automatic location definition without customer action would be highly preferable to support effective 9-1-1 service. Further, wireless carriers do not currently support processes that can help 9-1-1 validate user addresses, or provide them for use by the NG9-1-1 systems for routing control.”

“The Notice also seeks information on ‘how quickly 911 calls can potentially be routed when using device-based hybrid location solutions.’ NENA notes that current trends — especially in the marketplace for third-party solutions — gravitate toward warm-start GPS processes. Assuming the data provided by these processes is properly handled and utilized, initial routing control could be accomplished within 2–3 seconds of call start for calls where the supplemental location data is determined to be dependable and adequate. However, the proprietary nature of these location services, the unknown nature of the databases that underpin them, and their management and maintenance causes questions about how well those services can be safely applied. The concepts noted in the NOI — including the NEAD — are all capable of improving call routing and timing, but not if they are applied only within the traditional routing processing timeframe of CMRS wireless 9-1-1 within the carrier networks. Many of the newer methods for location can provide data well within 5 seconds, but if it is not utilized in a timely way, little progress will be enabled.”

The Texas 911 entities, which include the Texas 9-1-1 Alliance, the Texas Commission on State Emergency Communications, and the Municipal Emergency Communication Districts Association, provided some data on the frequency of 911 calls that are misrouted, saying that “recent data for a reasonably large sample of approximately 13,000 cell sectors in Texas shows that the percentage and number of misroutes varies considerably between sectors and between Public Safety Answering Point (‘PSAP’) serving areas. For example, that data appears to show approximately 70% of the cell sectors indicated no misroutes, while approximately 10% of the sectors have greater than 50% misroutes, with certain enclave areas or cities surrounded by another city often being materially impacted by misroutes. Because the data varies considerably between sectors and between PSAP serving areas, utilizing only a general aggregate average for many sectors can completely obscure a considerable number of misroutes, and obscure the potential benefits of improvements in individual sectors.

“In the absence of sufficient public disclosure of information and informed discussions between various 9-1-1 stakeholders (e.g., wireless service providers, handset manufacturers, third-party vendors, 9-1-1 authorities, etc.), the nature of the competitive market and the sheer number of stakeholders can present some challenges to making informed decisions and strategic transition planning regarding device-based handset initiated location technology solutions,” the entities added. “Given the current frequency of misroutes, in the absence of documentation of material costs to wireless service providers being submitted into the record in this proceeding, at the present time it appears that Commission action would withstand ‘the test of feasibility and functionality relative to costs.’ The manner in which device-based handset initiated location technology solutions and NG9-1-1 transition may sync up together, including interoperability and timing considerations, and how much cost responsibility is placed on wireless service providers as compared to the NG9-1-1 systems, are appropriate issues to clarify in this proceeding.”

The filing continued, “Delaying the delivery of 9-1-1 calls more than fractionally beyond 6 seconds to achieve LBR [location-based routing] should generally be avoided. This is especially the case when other alternatives appear to be available to achieve improvements towards LBR. Finally, with regard to mobile VoIP, continuing to provide only a registered and provisioned civic address from a smartphone or tablet for mobile VoIP 9-1-1 calls is quite concerning. Accordingly, the Texas 9-1-1 Entities urge the Commission, at a minimum and as recommended in the NENA Non-Mobile Technical Information Document, to consider the issue of a location sanity check when a customer with mobile VoIP changes locations and has not reregistered a caller civic location.”

“There are a number of measures which can and should be taken to remedy Phase I Misroutes of wireless calls,” said the Boulder (Colo.) Regional Emergency Telephone Service Authority. “The first two are for wireless providers to consider jurisdictional boundaries in siting and cell sectorization decisions, and for providers to evaluate available data to determine which existing cell sites produce a high percentage of Phase I Misroutes. For sites identified to have a high percentage of misroutes, remedies are available and should be considered in consultation with PSAPs from (i) flagging for dispatchers calls from cell sites or sectors with high percentages of Phase I Misroutes, and low percentages of misroutes, (ii) modifying orientation of cell sectors, to implementing Phase II Routing or ‘Phase III Routing:’ routing calls based on a location technology which is more granular than Phase I Routing and can provide a TTFF [time-to-first-fix] of five-seconds or less.”

The filing continued, “The 9-1-1 system and services must accommodate a variety of location technologies which are suitable to different environments, or may be developed in the future. A 9-1-1 location technology should be secure, reliable and provide data in a format consistent with other location technologies. BRETSA raises the prospect of terrestrial GPS signals embedded in high power broadcast signals capable of penetrating buildings, or special purpose beacons. These terrestrial GPS signals would allow WiFi, Bluetooth or BLE access points or beacons to determine their coordinates and signal timing requirements, and in turn provide GPS signals to devices located in indoor locations. This would require Commission requirements or authorizations of the terrestrial GPS transmitters, as well as of devices which would utilize these signals to become GPS transmitters themselves.”

“Given the potential synergy between the various efforts the FCC has already enabled and the vast technologies at hand the FCC should simply replace the cell site based requirement with a device based routing requirement on a short time-line for implementation,” said Robert Oenning, former enhanced 911 administrator for Washington state. “The question is not if device location based routing can be done but rather how those in the industry who have already demonstrated an ability to collaborate on improving 911 services can be enabled to make it happen.   The action the FCC takes to move forward location based routing should be tempered to assure that the industry does not again get trapped again into retaining 911 methodologies well past the point where it is practicable to move toward improved systems.”

“As the wireless industry continues to deploy technologies that enhance location information about wireless 9-1-1 calls, the Commission is right to ask whether new technologies can also reduce the number of 9-1-1 calls delivered to PSAPs in neighboring jurisdictions,” CTIA said. “The Commission should use the record developed here to carefully weigh the costs and benefits of different policy approaches to improvements in wireless 9-1-1 call routing. For example, the Commission should assess the tradeoffs associated with different 9-1-1 call routing mechanisms, such as the potential for a general delay to routing all 9-1-1 calls. The Commission also should consider whether location-based routing solutions would be better suited for, and more easily implemented in, the next generation 9-1-1 (NG911) environment. Finally, the Commission should consider alternative methods that can prevent misroutes and/or help to mitigate the impact of misrouted 9-1-1 calls, such as encouraging additional coordination among PSAPs and by PSAPs with wireless providers.”

“Such alternative techniques can be implemented far more efficiently and effectively than wholesale, standalone changes to current routing mechanisms,” CTIA added. “Therefore, as part of this proceeding, the Commission should examine and draw attention to successful techniques that can reduce misrouted 9-1-1 calls, as well as those that can mitigate the impact of calls that are misrouted.”

T-Mobile US, Inc., said it “supports improving 911 call routing, utilizing emerging location technologies, and the transition to NG911 systems. The technological improvements capable of producing high-accuracy/low-latency locations that are becoming available for use in 911 solutions have been aggressively sought-after and are welcomed by all stakeholders. But today, the single most important contribution that public safety and the Commission can make in this regard is to encourage PSAPs to expeditiously make the transition to NG911, so that public safety and consumers can benefit from these technological advancements.”

T-Mobile added “that focusing limited resources in an attempt to add location-based 911 call routing to legacy 911 systems would offer a poor return for a very significant level of effort. T-Mobile instead proposes that the concerted effort to improve 911 call routing be directly associated with the transition to NG911 systems. T-Mobile is already taking steps to help encourage this transition and subsequent testing and refinement of such improved call routing methods. In this effort, T-Mobile believes all parties would benefit from a better understanding of the real-world trade-offs between minimizing the delay of 911 call placement, and the ability to more precisely route the call to the desired PSAP. Which of these parameters is the highest priority? How long is too long to delay a 911 call to improve the precision of call routing? With better insight into these types of system design trade-offs, and a concerted effort from all relevant stakeholders, there is a strong potential for improvement.”

“Based on trial experience, Verizon agrees that location-based routing is technically feasible and can mitigate (although not eliminate) the number of instances in which 911 calls are routed to PSAPs outside the caller’s jurisdiction,” Verizon Communications, Inc., said. “The Commission is thus right to seek input on the measures that wireless, Next Generation 911 (‘NG911’) providers, and PSAPs will need to undertake to ensure that consumers benefit from location-based routing of 911 calls.”

“Stakeholders will need to carefully allocate the roles and responsibilities of wireless service providers and state/local governments in deploying and maintaining LBR capabilities to ensure that LBR is deployed efficiently and effectively,” Verizon added. “Most important for consumers’ public safety needs, LBR should be implemented in manner that does not undermine the reliability of wireless 911 call routing. That, as a practical matter, will require the continued availability of cell sector-based routing for the foreseeable future. Finally, in the interim period, the Commission should support the use of existing best practices to improve and maintain the reliability of cell sector-based routing.”

The Voice on the Net Coalition said the CSRIC report “does not address the specific challenges faced by interconnected VoIP providers (and their third party 911 vendors) who may not have the same access to location information as CMRS providers. Notwithstanding the challenges, it’s likely that location-based technologies will provide more accurate and timely routing information for mobile VoIP 911 calls than the required registered location. By moving to a routing paradigm based on acquisition of a real-time location calculation, the FCC and industry standards bodies have the opportunity to significantly improve emergency calling services by routing mobile VoIP calls to a more appropriate PSAP. To the extent that location information can be used in a manner that rapidly and efficiently routes a 911 call to the most appropriate PSAP, VON believes there is great promise in leveraging these available technologies. There is much work to be done to effectuate a new emergency call routing paradigm, but the foundation is evident in the location capabilities available in the marketplace today.”

VON also asked “that the FCC take a broader view than simply the US market. While we recognize that the FCC’s authority does not extend beyond the US, the FCC can be a leader by encouraging the use of available technologies through consistent technical standards developed across the globe.”

“The location accuracy problems inherent with the routing of wireless 9-1-1 calls can be addressed by migrating to device-based hybrid location solutions, which combine data from various sensors on the user’s mobile device and provide the best information about the user’s actual location based on context and environment. Numerous test results confirm the viability of these device-based hybrid location solutions, which can provide more accurate location information on a more timely basis as compared to the legacy 9-1-1 routing architecture,” Motorola Solutions, Inc., said.

“The Commission should use this proceeding to explore the creation of incentives for deploying location based routing technologies. Such incentives should include sufficient and sustained levels of funding for Next Generation 9-1-1 (‘NG9-1-1’) deployments, of which device-based hybrid location solutions should be an integral part,” Motorola added. “Specifically, the Commission should explore the creation of incentives for: (1) ongoing testing and pilot activity validating improvement/benefits derived from location based routing technology; (2) PSAPs to use location based routing technology; and (3) the migration to NG9-1-1 and the use of location based routing technology at the state and local levels.”

“As the Commission recognizes, the path forward to achieve successful 9LBR [911 LBR] requires striking a balance between the industry’s concerns over disruption to existing processes and that of providing more accurate information more quickly to aid in essential lifesaving services,” Comtech Telecommunications Corp. said. “Indispensable elements along this path include, identifying and measuring the problem, consistent use of technical terms and operational processes, application of appropriate (existing or new) industry standards, specifically addressing the ‘delay of call’ issue, safeguarding the sources and destinations of location data, and promoting consistent and systematic testing of call and location data. Also, new entrants need to understand and accept that public safety operates differently than other business arenas. Public safety isn’t a game or a greenfield for the latest consumer product fad, it’s a highly regulated industry devoted to the public good. Serious vendors are encouraged, respected, and protected; less dedicated vendors may not be.”

Comtech continued, “While technological advancement brings new ways of solving difficult problems, much of today’s well-meaning progress is being promoted in a vendor-specific, proof-of-concept approach that competes with the time-tested and more inclusive public safety coordinated, and standardized approach. While Comtech shares in the desire for innovation, some of the current side effects experienced in the fray to overturn the ‘status quo’ of what is today’s emergency location processes include[:] lack of common goals, the inability to verify results, unanswered questions around whether there is statistical significance, and unknowns as to whether these experiments are replicable.

“Wireless 9-1-1 location based routing is not a panacea for all of 9-1-1’s ills, and the quest for 9LBR cannot impede the goal of maintaining reliable wireless 9-1-1 calling. It is imperative that for 9-1-1, we achieve consistent, reliable methods and solutions, avoiding at all costs, experiments that potentially jeopardize ‘live’ 9-1-1 calls without carrier and FCC notification,” Comtech concluded.

West Safety Services, Inc., said it “has experienced encouraging test results for handset-initiated location technologies that utilize device-based hybrid location information. Unlike network-initiated technologies, calls to 9-1-1 over these handset-initiated technologies do not have to traverse complex carrier networks or wait to reach the carrier’s routing element before initiating the process for location determination. West Safety believes these handset-initiated location technologies offer promise for significantly reducing the PSAP transfer rate. West Safety cautions the Commission, however, that carriers should maintain control over any implementations of device-based hybrid location solutions. Permitting third-party applications to deliver locations directly to PSAPs without interconnecting to the carrier’s routing element should be avoided. Carriers are in the exclusive position to ensure location uniformity, security, reliability and validation under centralized Commission oversight and clear jurisdiction.”

NextNav LLC said that the FCC “should ensure that any location-based routing solution that is employed for E911 calls incorporates adequate backup protection in scenarios where a technology might be used by a wireless carrier for location compliance, but fails to timely achieve an accurate fix in all instances. For example, in those cases in which a carrier employs A-GPS, other location technologies should be available to support the routing of calls originating from indoor locations where A-GPS may not produce a location fix. In addition, if a DBH [device-based hybrid] approach is used, consideration must be given to whether the resulting location information is sufficiently reliable to support call routing, particularly in communities and neighborhoods where broadband penetration is low (such as in low income areas), where Wi-Fi devices may be subject to frequent relocation (such as college dorms or apartment complexes), or in cases in which individuals may have turned off the location functions on their wireless handsets due to privacy concerns.”

NextNav also said that its location technology could be deployed to quickly ensure that 911 calls are accurately routed to the correct PSAP.

LaaSer Critical Communications said it “has created patented technology that pinpoints a 911 caller’s location using any mobile device, efficiently routes them to the appropriate Public Safety Answering Point (PSAP), and provides the emergency operator and responders with precise location information.” It said “that the answer to the question ‘what is the best way to avoid delays’ caused by ‘misroutes’ is inclusion of DBH location within the existing wireless carrier routing systems. Such a deployment leverages the best of what DBH has to offer, ensures that routing improvements are only ever additive with existing systems providing a consistent and reliable base level of performance, allows for ubiquitous PSAP availability, and is available in current-state environments, NG911 environments, and transitional environments.”

Precision Broadband LLC described its prototype fixed broadband 911 location and routing system and said that “[b]y utilizing fixed broadband for 911, state governments would be justified, and legally empowered, to assess 911 fees on home broadband service (as is done today on landline and mobile phone service). When applied to the 106 million US broadband households, an additional $1 billion annually could be collected for 911 services. These fees, along with revenues from new entrants in the 911 market, could be used to implement the solutions being developed by Precision Broadband and other market participants as well as expediting the deployment of NG911 technologies.”

Onvoy LLC (d/b/a Inteliquent) said it “appreciates and supports the Commission’s efforts to solve the very real problem of wireless 9-1-1 call misroutes due to the outdated cell-tower-based call routing system. Inteliquent’s experience counsels that device-based solutions are the way forward to delivering fast and accurate location information to the correct PSAP at the outset. Inteliquent is already working with its partners on developing such a solution, and looks forward to real-world testing of the solution later this year. Any steps taken by the Commission should facilitate and encourage device-based location routing for 9-1-1 calls, and avoid solutions that rely on centralized databases that are costly to update and maintain at the level necessary for use in emergency services.”

Mission Critical Partners LLC encouraged the FCC “to promote the uniform adoption of location-based routing technologies, especially with universal transition to Next Generation 911 (NG911). Particularly, the Commission should encourage the implementation of Advanced Mobile Location (AML) or the vendor-specific variations, e.g., Emergency Location Service (ELS), a proven life-saving technology. MCP believes the Commission can support the implementation of location-based routing by removing liability barriers that could be raised by the Commercial Mobile Radio Service (CMRS) providers and NG911 solution providers for using third-party location.”

Charity Feb of Camas, Wash., whose 911 call about her husband, who had a fatal heart attack in 2012, was routed in Portland, Ore., thanked the FCC for launching its proceeding. – Paul Kirby,

Pai Tells ACS It May Not Decline Service to Rural Healthcare Providers

FCC Chairman Ajit Pai has reminded Alaska Communications Systems Group, Inc., (ACS) that it has an obligation under the Communications Act and FCC rules to comply with a “bona fide request” for telecom services “which are necessary for the provision of health care services in a State,” and that it must not charge rural healthcare providers more than the urban rate for such services.

In a letter dated today, Chairman Pai told ACS President and Chief Executive Officer Anand Vadapalli that he was “disheartened to hear this past week that Alaska Communications, because of questions about its compliance with Commission rules, is reconsidering its participation in the [Universal Service] Fund’s Telecommunications Program, a program that is key to providing remote Alaskan villages with telecommunications services.”

Under the Act and FCC rules, Chairman Pai said, “Alaska Communications may not deny or cut off service to any of its existing rural healthcare provider customers.”  It also “may not deny or cut off service to any of its existing rural healthcare provider customers for lack of payment of any charge higher than the urban rate,” Chairman Pai said.

“I would also remind you that, as a telecommunications carrier offering telecommunications services to rural healthcare providers, Alaska Communications is prohibited from engaging in unjust and unreasonable practices or from discontinuing service to a community without prior Commission approval.” — Lynn Stanton, – Courtesy TR Daily

Illinois Didn’t Divert 911 Funds in 2016

Illinois didn’t divert any 911 funds for other purposes in 2016, the state’s 911 administrator told FCC Commissioner Mike O’Rielly in a letter today. Statewide 911 Administrator Cindy Barbera-Brelle said in the letter that funds that she had indicated were diverted in 2016 were actually diverted in 2015. A total of $7.5 million was diverted in 2015. She told Mr. O’Rielly that since the 911 program was moved from the Illinois Commerce Commission to the Illinois State Police effective Jan. 1, 2016, no 911 funds have been diverted for other purposes. In an FCC report released in February, Illinois was listed as one of six states that diverted funds for other purposes in 2016 (TR Daily, Feb. 7). This year’s report was the ninth, and it noted that Illinois has been identified as a fee diverter in every report. – Courtesy TR Daily

NIST Researchers Working on Virtual Reality to Train First Responders

National Institute of Standards and Technology researchers are hoping “to make virtual reality simulations more of a reality for first responders, enabling firefighters, law enforcement officers and others to learn and practice how to best operate and communicate in emergencies,” according to a news release issued today. “NIST staff are developing virtual environments featuring scenarios such as firefighting in hotels. The goal is to spur industry to come up with user interfaces — visual indicators, sounds, voice commands — that are better, cheaper, proven effective and brought to market faster than otherwise would be possible. Such interfaces could be embedded in firefighters’ masks or smart glasses worn by emergency medical technicians, for example. A visual display might show the temperature or audio might warn that oxygen is low in a backpack tank. The idea is to present helpful data in an intuitive and nonintrusive manner.” “There is currently no method to test and measure user interfaces for first responders,” said NIST project leader Scott Ledgerwood. “We want to enable development, testing and rapid prototyping of these interfaces in a safe, controlled and repeatable environment.” – Courtesy TR Daily

CRS Report Outlines FirstNet Challenges

A new Congressional Research Service report outlines various challenges facing the First Responder Network Authority (FirstNet) and AT&T, Inc., its network partner, and highlights issues that members of Congress might want to follow as they continue exercising oversight of the nationwide public safety broadband network.

While all 50 states, five territories, and the District of Columbia agreed to allow AT&T build their FirstNet radio access networks (RAN), “challenges remain,” noted the CRS report, which was written by telecommunications policy analyst Jill Gallagher. “While governors allowed FirstNet/AT&T to deploy the network in their states, there is no requirement for state and local public safety agencies to use the network. FirstNet/AT&T must attract users to the network to ensure the network is self-sustaining, as required under the act. FirstNet set adoption targets and steep penalties that AT&T must pay if targets are not met. AT&T has offered specialized features and services (e.g., priority access to the network, support during disasters) to attract users to the network. However, Verizon has offered similar services to entice users to its network which may affect FirstNet/AT&T’s enrollment efforts.

 “There are other factors affecting enrollment,” the report added. “Some public safety agencies have expressed reluctance to join the FirstNet network, citing uncertainties with the resiliency, reliability, and security of the network, coverage, and cost. Other agencies have expressed an unwillingness to join until FirstNet can provide mission critical voice features — essential features that responders have on their radios and use during emergencies — that will not be available from FirstNet until 2019. Attracting users to the network will be challenging for FirstNet/AT&T, but necessary to meet the requirements in the law and achieve the intent of the act.”

 The report continued, “Congress may continue its oversight of FirstNet to ensure the FirstNet network is meeting public safety needs (e.g., security, reliability, and resiliency), requirements in the law are met, and the network is deployed as intended. Congress may monitor subscribership to ensure the network will be self-sustaining, as required in the act, and that the intent of the law is achieved.”

 Among other specific issues for Congress to be aware of are the lack of transparency of FirstNet’s 25-year contract with AT&T and the lack of core-to-core interoperability, the report suggested. — Courtesy TR Daily 

Public Safety Renews Concerns About ‘Dispatchable Location’ Definition

The public safety community today reiterated concern about how it says the wireless industry is interpreting “dispatchable location” in implementing 911 location accuracy rules that the FCC adopted in 2015 (TR Daily, Jan. 29, 2015), and it asked the FCC’s Public Safety and Homeland Security Bureau to clarify the definition.

“We are writing today with an ongoing concern about how the wireless industry is interpreting ‘dispatchable location’ for 9-1-1 location accuracy purposes, within the framework of the FCC’s Fourth Report and Order,” the National Public Safety Telecommunications Council said in a letter in PS docket 07-114 to Lisa Fowlkes, chief of the Public Safety Bureau. “As defined by the Commission, dispatchable location means ‘the verified or corroborated street address of the calling party plus additional information such as floor, suite, apartment or similar information that may be needed to adequately identify the location of the calling party.’  With this information in hand, 9-1-1 professionals can help direct field responders to the scene of the emergency and enable them to provide life-saving assistance more quickly.

“Under the FCC’s rules, wireless carriers must provide a dispatchable location or a horizontal fix in the x,y plane within 50 meters for increasing percentages of all wireless 9-11 calls.  Therefore, a carrier seeking to comply with these benchmarks by providing a dispatchable location may only do so if the location it provides to PSAPs meets the FCC’s definition of dispatchable location,” the filing added. “For example, if a Wi-Fi access point is located across the street in a different building, carriers may not describe the physical address of this access point as being the ‘dispatchable location’ of the calling party.  Any related definitions resulting from the industry’s standards development activities such as through ATIS cannot be used to depart from the FCC’s definition of dispatchable location for regulatory compliance purposes.  Consistent with the Order, to be counted towards compliance, a location fix described by a carrier as a ‘dispatchable location’ must be ‘which door to open’ when assistance is required and nothing less.

“We understand that the Bureau has indicated agreement in the past that for compliance purposes, carriers must abide by the FCC’s definition of dispatchable location,” the public safety federation added. “As implementation of the Order continues, we respectfully request the Bureau to provide a formal response reemphasizing the definition of dispatchable location, to ensure that all carriers subject to this requirement understand and comply with the meaning and intent of this critical element of the Order.”

Last year, the International Association of Chiefs of Police, the International Association of Fire Chiefs, the National Association of State Emergency Medical Services Officials, and the National Sheriffs’ Association expressed concern about the industry’s interpretation of “dispatchable location” (TR Daily, Feb. 22 and April 28, 2017). — Courtesy TR Daily 

O’Rielly Votes for Puerto Rico Aid After Getting 911 Assurance

Puerto Rico will not divert future 911 fees for other purposes, Puerto Rico Gov. Ricardo Rosselló told FCC Commissioner Mike O’Rielly in a letter dated Wednesday. As a result of the assurance, Mr. O’Rielly has voted for an item to allocate $750 million in universal service funding to support the restoration and expansion of communications networks in Puerto Rico.

Gov. Rosselló replied to a letter that Mr. O’Rielly sent last month criticizing Puerto Rico’s diversion of 911 funds in the past and suggesting he would oppose additional universal service funding to the island if it doesn’t end the diversion practice (TR Daily, April 24).

Mr. O’Rielly’s letter responded to a March 7 letter from Gov. Rosselló that responded to a Feb. 20 letter that Mr. O’Rielly sent the governors of Puerto Rico, New York, Oklahoma, Missouri, Montana, the Northern Mariana Islands, and Guam asking why they did not submit requested information to the FCC for its latest annual report on 911 fund diversions (TR Daily, Feb. 20).

In his March 7 letter, Gov. Rosselló said that in 2016, the year covered by the most recent FCC 911 diversion report, former Puerto Rico Gov. Alejandro Garcia Padilla diverted $243,100 in 911 fees “under the legal authority conferred” by a law that “established that all savings in areas such as 9-1-1 fees must be transferred to the Workforce and Economic Development Promotion Fund under the Trade and Export Company of Puerto Rico.”

In his Wednesday letter to Mr. O’Rielly, the governor said that his administration reported the fee diversion that occurred during the previous administration and “requested an audit of 9-1-1 operations in Puerto Rico.”

“You also questioned whether such diversions will occur in the future. To be clear, we will not allow any utilization of 9-1-1 funds for purposes other than those authorized under applicable laws, rules, and regulations,” he added. “To that effect, we have also initiated steps to submit amendments to the current state law that led to said diversion of funds, and we will be withholding future payments to the Treasury Department.

“I trust that my assurances in this matter will put to rest this issue and that Puerto Rico will be a recipient of funding currently under consideration, aimed at rebuilding Puerto Rico’s communications infrastructure,” Gov. Rosselló  added.

In response to the letter, a spokeswoman for Mr. O’Rielly said today, “Commissioner O’Rielly is satisfied with this response and has voted to approve the item.”

The proposal circulated by FCC Chairman Ajit Pai in March (TR Daily, March 6) would also provide $204 million in support for the U.S. Virgin Islands. The item is an order and notice of proposed rulemaking. — Courtesy TR Daily 

Judge Denies Early Appeal Request in FirstNet FoIA Lawsuit

A U.S. District judge in Vermont has denied a motion by plaintiffs in a Freedom of Information Act (FoIA) lawsuit seeking First Responder Network Authority (FirstNet) records to file an interlocutory appeal of the judge’s decision to dismiss or grant summary judgment in favor of the government on all but one of 18 counts.

The suit (“Stephen Whitaker and David Gram v. Department of Commerce,” case 5:17-cv-192) was filed last year by Stephen Whitaker, a Vermont resident and government accountability advocate, and David Gram, a reporter for “VTDigger,” a non-profit web-based publication (TR Daily, Oct. 6, 2017).

Last December, Judge Geoffrey W. Crawford ruled that FirstNet was exempt from FoIA under the Middle Class Tax Relief and Job Creation Act of 2012, which created FirstNet (TR Daily, Jan. 2). He rejected 17 of the 18 counts in the suit.

 On the last count, Judge Crawford reserved making a decision on summary judgment pending a supplemental briefing. The count “requests injunctive relief prohibiting FirstNet from collecting personally identifiable information until proper privacy impact assessments are complete,” the judge noted in his decision.

 In an April 26 decision denying the plaintiffs’ motion for certification of interlocutory appeal, Judge Crawford wrote, “Certification for interlocutory appeal is appropriate when a district court’s decision involves a controlling question of law on which there is substantial ground for difference of opinion and immediate appeal may materially advance the termination of the litigation. … The court is satisfied that immediate appeal of its decision on Counts 1-17 will not materially advance the termination of the litigation. The pending disposition of Count 18, which involves the application of a statutory provision that has never been interpreted by the Second Circuit, is practically certain to give rise to another appealable issue. The piecemeal appellate review requested by the Plaintiffs will only prolong this litigation. Because this is an independently sufficient basis for the court’s conclusion that interlocutory appeal is not appropriate, the court does not consider whether its prior decision involved controlling questions of law or whether there is substantial ground for difference of opinion on those questions.”

Judge Crawford also granted the defendant’s motion to file a reply brief, which it has already filed, to the plaintiffs’ supplemental brief regarding the remaining count, saying that the plaintiffs’ brief “attempted to raise a new issue as to whether the Nationwide Public Safety Broadband Network was operational, a matter of fact that had until then been undisputed.” He also said the plaintiffs could file a surreply within 14 days of his decision.- Paul Kirby,