AT&T WIRELESS TO PAY $2 MILLION TO RESOLVE E911 COMPLIANCE

“In addition to a very specific deployment plan for its network, AT&T has agreed to make a voluntary $2 million contribution to the Treasury -- the highest E911 related payment ever,” FCC Chmn. Powell said. “Phase 2 E911 deployment has vexed equipment vendors and carriers alike. Nonetheless, national GSM carriers committed to very specific compliance plans -- plans they have been unable to achieve.” FCC is committed to attaining Phase 2 of E911 “as rapidly as possible,” Powell said. “This enforcement action takes a critical step by imposing a substantial cost for the delay and putting in place the first comprehensive deployment plan for a national GSM carrier.”

AT&T Wireless’s move away from E-OTD came as Cingular Wireless told FCC last week it had suspended shipments of E- OTD infrastructure equipment (CD Oct 4 p4). E-OTD is hybrid handset-network solution for locating wireless 911 callers. Although public safety groups continue to raise concerns about E-OTD’s readiness, T-Mobile USA told Commission last week it already was selling handsets with that capability. In letter to Powell Wed., Assn. of Public-Safety Communications Officials (APCO) and National Emergency Number Assn. (NENA) reiterated concerns that “persistent problems” with E-OTD technology chosen by GSM wireless carriers were “falling well short” of implementation deadlines and accuracy requirements. APCO and NENA said T-Mobile and Cingular had reached different conclusions about E-OTD, with T-Mobile saying its accuracy test results were encouraging, although it didn’t anticipate meeting Dec. 31 deployment deadline. Cingular, on other hand, halted E-OTD shipments beyond those already deployed because of uncertainties over ability of technology to meet FCC accuracy requirements. “These seemingly conflicting conclusions reached by Cingular and T- Mobile suggest the need for immediate and thorough Commission scrutiny,” public safety groups told Powell.

FCC issued notice of apparent liability (NAL) in May against AT&T Wireless for apparent violations of E911 Phase 2 rules. Last fall, agency gave AT&T Wireless, along with other large national carriers, temporary waiver of Phase 2 rules for GSM network. Waiver covered only accuracy requirements, not rollout of Phase 2 handsets, and provision of that service to public safety centers. FCC Enforcement Bureau had begun investigation after receiving information that AT&T wasn’t in compliance with handset deployment mandates. Proposed fine remained largely intact in consent decree issued Wed., although AT&T Wireless had asked Commission to “significantly” reduce proposed forfeiture of $2.2 million. Carrier told FCC that when it realized E-OTD equipment would lag behind its limited GSM launches in 2001, it didn’t view that development as substantially changing terms of its waiver application.

Like Cingular, AT&T Wireless uses TDMA technology but is moving toward GSM overlay, which has meant that E911 solutions have had to take into account both parts of network. Under consent decree, AT&T Wireless agreed to roll out Phase 2-compliant technology at minimum of 1,000 cell sites on its GSM network by Jan. 31, 2,000 sites by March 31, 4,000 sites by June 30, 6,000 by Dec. 31 and 8,000 by June 30, 2004. For public safety answering points (PSAPs) that had submitted valid requests for Phase 2 service by Sept. 30, 2002, AT&T Wireless will provide Phase 2 capability to all their coverage areas or populations by Nov. 30, 2003. For PSAPs that filed such requests after that cutoff date but before April 30, 2003, AT&T will furnish Phase 2 service to half of their coverage areas and population by Nov. 30, 2003, and to 100% of those areas by June 30, 2004. AT&T also committed to submit quarterly reports to FCC on its progress under consent decree and E911 rules. If carrier fails to meet deployment deadlines, it will make “automatic payments” to Treasury of $450,000 for first missed deadline, $900,000 for 2nd and $1.8 million for any one after that.

Original E911 waiver FCC granted to AT&T Wireless last fall had approved carrier’s plans to deploy E-OTD across its GSM and General Packet Radio Service network, providing temporary wavier of handset accuracy requirements to implement plan. Waiver had stipulated that by Oct. 1, 2001, all E-OTD capable handsets had to be able to provide automatic location information with accuracy of 100 m 67% of time and 300 m 95% of time. Original notice of apparent liability had focused on allegations that carrier didn’t meet deadline to begin selling and activating location-capable handsets by Oct. 1, 2001, as required by FCC. In June, FCC released terms of $100,000 consent decree reached with AT&T Wireless on E911 compliance of its TDMA network. AT&T Wireless shares closed Wed. at $3.25, down nearly 11% on N.Y. Stock Exchange.

Spokesman for Sen. Burns (R-Mont.) said office received “flurry of anguished phone calls from some carriers” after Burns and Sen. Inouye (D-Hawaii) -- Senate Commerce Communications Subcommittee ranking member and chmn., respectively -- sent letter Oct. 7 to FCC Chmn. Powell urging compliance with E911 requirements. “It’s obviously an inopportune time for them to put up additional investments, but the deadlines are in place in the law and they need to be met,” Burns spokesman said. “He remains firm in his conviction that they can do more to hold up their end of the bargain.” Letter said there were concerns about request for further waivers from Commission’s Phase II E911 rules sought by carriers using European standard for digital wireless communications, called GSM. “We are concerned that such requests will only result in further delays that will frustrate the aggressive rollout of E911 services,” letter said. While E-OTD location technology has shown to be ineffective for FCC’s 50-meter requirement, letter said, alternative technologies have been developed to satisfy requirements. “We appreciate your statements in prior waiver orders noting that carriers should not expect further deferral of their obligations merely because they have invested in a particular solution if an alternative and compliant solution exists,” letter said.