Congress should provide one-time funding to "forklift all 911 centers across the country at least to the level of technology that we've got now and that can match what FirstNet has,” APCO Chief Counsel Jeff Cohen said in an interview for C-SPAN's The Communicators, to be televised Saturday and likely put online Friday. Getting to next-generation 911 will take at least $10 billion, Cohen said. Congress is mulling NG-911 legislation (see 1809260062). The bill should be bipartisan, say that 911 must be IP-based, uniform and interoperable across country, and require states receiving grants to show they have a funding mechanism to sustain the network, Cohen said. APCO is concerned that early NG-911 deployments won't be interoperable: "If one state or one region deploys a connecting network, it will allow all the 911 centers connected to it to work together and share data [but] that's not necessarily the case if a 911 center needs to share data with another agency." State 911 fee diversion is a “terrible practice," he said. Congress can try to stop it by conditioning 911 grant programs, but the size of grants a state could lose must be significant compared with the amount a state is diverting, he said. "You need pain," which could be provided by a $10 billion NG-911 grant program, he said. Commissioner Mike O’Rielly and the FCC are doing well to “name and shame” diverters, but while the number may be shrinking somewhat, the practice stubbornly continues, he said.
A blue wave election could carry down ballot to state utility commission elections, while expected Democratic gains in gubernatorial elections affect other states that appoint commissioners, election analysts said. A Democratic surge might be tempered by commission elections happening mostly in strongly red states with many incumbents running, said David Beaudoin, Ballotpedia project lead-marquee team. Government transparency is an election issue in nearly half of the 10 states electing utility commissioners in November, and Democratic candidates in three states' races supported net neutrality, found our survey of commissioners’ campaign websites.
AT&T and cable providers raised doubts about Oregon Public Utility Commission authority to make interconnected VoIP providers pay into the state USF. The PUC at a teleconferenced workshop Wednesday took feedback on a preliminary proposal in docket AR-615 to require VoIP contribution. The agency is exploring the idea despite a recent 8th U.S. Circuit Court of Appeals ruling -- contested by states -- that VoIP is an information service (see 1809280057). A few other states are also weighing changes.
California launched review of Sprint buying T-Mobile, while the FCC gathered more information. California Public Utilities Commissioner Cliff Rechtschaffen released a scoping memo Thursday for the state’s review. “The fundamental issue presented by these applications is whether the proposed merger of two of the four largest national wireless service providers is in the public interest of the residents of California,” and the agency will decide if conditions are needed, he said. The CPUC plans public hearings in Q4 and an evidentiary hearing Feb. 6-9. Opening briefs are due March 1, with replies March 15, and the agency plans to release a proposed decision in Q2, Rechtschaffen said. Consumer advocates had awaited the scoping memo after filing protests urging a detailed review (see 1809200038). The memo "raises many important issues that we believe the Commission must consider to determine if this very important merger is in the public interest of millions of California customers," emailed The Utility Reform Network Managing Director-San Diego Christine Mailloux. Public participation hearings will allow citizens to "directly voice their opinions," she added. The FCC asked Altice and C-Spire for information and documents so the agency can complete its review of T-Mobile buying Sprint, said documents posted Thursday in docket 18-197. Wireless Bureau Chief Donald Stockdale asked Altice to respond by Oct. 17 and sought C-Spire data by Oct. 18. The Altice request included questions about the cable company’s mobile business and any plans to develop a facilities-based network or acquire spectrum, plus how the deal might affect Altice’s wireless, TV or internet businesses. In the C-Spire request, the FCC asked what the deal might mean on the company’s wireless business and what spectrum issues that carrier may be facing. Major carriers got FCC queries earlier in the week (see 1810040021). Wednesday, Sprint submitted to the FCC a hard drive with additional information it gave to DOJ for the department's review. T-Mobile made phone calls Tuesday to FCC Chief of Staff Matthew Berry and T-Mobile/Sprint Transaction Team Director David Lawrence, said an ex parte posted Friday. The buyer said it didn't object to extending reply comments, consistent with precedent. The FCC questioning cable about wireless services “offers evidence that the FCC is at least somewhat considering the fact that the New TMUS will directly compete with home broadband and that the wireless business should be looked at through a wider lens,” said Wells Fargo analysts in a Friday note. “Based on these actions we believe the FCC is going to great lengths to get a sense of what the market will look like longer term. While we still expect spectrum divestures will have to be made, we see this development as a positive for the… transaction."
The Pennsylvania Public Utility Commission should continue deregulating wire centers, AT&T and Verizon commented Wednesday in docket 2018-3001391. The PUC sought comment on an advanced notice of proposed rulemaking about making permanent a 2015 order that reclassified 153 of Verizon’s 194 Pennsylvania wire centers as competitive and waived certain regulations for five years pending completion of a rulemaking (see 1808060034). “Consumers in Pennsylvania are increasingly opting for wireless or VoIP services and choosing to cancel or reduce their traditional switched voice local exchange services which are the subject of the regulations at issue,” AT&T said. “Granting providers the flexibility to offer services on competitive terms acceptable to customers, rather than terms dictated by outdated regulations, allows those providers and their affiliates to better devote resources to modern technologies and services.” Verizon agreed: “Continuing to impose monopoly-era regulations on one small and shrinking segment of a largely unregulated market does not make sense in a new world that is completely different.” The Pennsylvania Office of Consumer Advocate commented that “availability of alternative services in competitively classified wire centers does not diminish the need for clear standards regarding quality of service and network performance, subject to Commission oversight.” It may justify some flexibility for carrier terms and conditions, but the PUC “should assure that the public goals of universal service, affordability, and continuity of service are preserved,” OCA said.
Michigan lawmakers advanced 5G wireless legislation Thursday, while Georgia went back to the drawing board, as states come to terms with the FCC’s order last month to lower state and local barriers. The Michigan Energy Policy Committee voted 15-4 to clear two wireless bills, SB-637 and SB-894, with one lawmaker noting the measures expand on the FCC decision. Later, a Georgia Senate study committee talked about a possible second attempt to update local right-of-way policies. In California, a state court decision could cause problems for Sacramento and Verizon’s 5G launch (see 1810010028).
An FCC ban on local moratoriums of wireless infrastructure deployments from August’s 3-1 order drew a lawsuit Tuesday by Portland, Oregon, at the 9th U.S. Circuit Court of Appeals. Like earlier-filed petitions for reconsideration at the FCC (see 1809050029), the appeal doesn’t seek review of the part of the order requiring one-touch, make-ready for pole attachments. Tuesday was the 60-day deadline to seek court review of the FCC’s declaratory order on moratoriums. “The Ruling exceeds the FCC’s statutory authority; is arbitrary and capricious and an abuse of discretion; and is otherwise contrary to law,” Portland said. The city council authorized the city attorney to file a complaint or join as a co-plaintiff, the city said. “Not only is the FCC invading local authority, but its overreach in favor of billion-dollar wireless corporations will not close the digital divide and could negatively affect the city’s ability to fund programs that seek to bring affordable internet access to the estimated 15% of Portland households without it,” Mayor Ted Wheeler (D) said. Portland wants to bridge the divide but “is also dedicated to receiving fair value when corporations generate profit from placing infrastructure in our community’s public assets,” he said. Earlier that day, Seattle Mayor Jenny Durkan (D) said it will participate in a local government challenge in federal court of the FCC infrastructure order aimed at speeding 5G buildout by targeting state and local hurdles to small-cell deployment (see 1810020041). The FCC didn’t comment.
Most cellphones appeared to get wireless emergency alert test messages and most broadcasters appeared to transmit emergency alert system messages, but a number did not, based on a survey of our operations, some others, social media and events we attended during the simulation. On Twitter, #PresidentialAlert trended after the first nationwide test of the WEA system Wednesday. Early results of the fourth nationwide test of the broadcast EAS went largely as expected and mirrored past tests, said EAS officials and broadcasters. The WEA test started at 2:18 p.m. and lasted for 30 minutes, while the EAS test began at 2:20 p.m.
It’s premature for the FCC to adopt a Z-axis metric for accurate vertical location of wireless calls, commented CTIA and the National Emergency Number Association this week on an August report by carriers in docket 07-114 (see 1809100037). “Rather than adopting ±5 meters as the Z-Axis metric, we suggest that further testing is a better course to advance vertical location solutions that will help to provide ‘floor level’ accuracy,” CTIA commented. NENA agreed the FCC should delay adopting a Z-axis metric until a more accurate one can be validated and supported by test results: “Assuming a modest extension of the Commission’s deadline is possible, NENA hopes that the Test Bed will recognize the exceptional circumstances and allow the additional Stage Z testing to occur as quickly as is practicable for the involved parties.” Citizens and public safety need a z-axis accuracy benchmark of plus-or-minus 3 meters, NENA said. Carriers’ proposal for 5-meter metric “fails the American public and the dedicated public safety professionals who need actionable, accurate location information to find 9-1-1 callers during emergencies,” APCO commented. The National Public Safety Telecommunications Council agreed: “A vertical z-axis metric providing floor level accuracy is needed and can be accomplished with available technology, especially within the generous implementation timeframe established in the rules adopted in 2015.” NextNav technology can achieve accuracy within 2 meters, said NextNav and the Boulder Regional Emergency Telephone Service Authority. NextNav supported a 3-meter metric, while BRETSA said it should be 2 meters.
Wednesday’s wireless emergency alert test “will not adversely affect your service or device,” Verizon General Counsel Craig Silliman said Tuesday. Silliman posted information about the test due to "controversy on social media” about the alert (see 1809210032). The alerts are “really critical, lifesaving information” that citizens should want to receive, a Federal Emergency Management Agency official said Tuesday on a media call with FCC and FEMA officials who spoke on background, not allowing their names to be used. A journalist and two small-business owners in New York City sued (in Pacer) the government last week at the U.S. District Court for the Southern District of New York, claiming the presidential alerts violate First and Fourth Amendment rights to be free from government-compelled listening and warrantless trespass into cellular devices. People mightn't get the alert if their device is configured incorrectly or if they are on a phone call or have an active data session ongoing throughout the 30-minute window, the official said. The wireless industry is working on standards to address those issues, said another FEMA official. The first nationwide WEA test will start at 2:18 p.m. EDT and last 30 minutes, and the fourth nationwide emergency alert system exercise starts at 2:20 p.m., the agencies said. The WEA message will carry the header “Presidential Alert” and read, “THIS IS A TEST of the National Wireless Emergency Alert System. No action is needed.” The EAS simulation will read: “THIS IS A TEST of the National Emergency Alert System. This system was developed by broadcast and cable operators in voluntary cooperation with the Federal Emergency Management Agency, the Federal Communication Commission, and local authorities to keep you informed in the event of an emergency. If this had been an actual emergency an official message would have followed the tone alert you heard at the start of this message. A similar wireless emergency alert test message has been sent to all cell phones in the nation. Some cell phones will receive the message. Others will not. No action is required.” The FCC looks forward to more dialogue and lesson sharing with stakeholders after the test, Public Safety Bureau Chief Lisa Fowlkes blogged Tuesday. The agency plans to engage with FEMA and wireless providers, and welcomes public feedback, she said. D.C. text alert subscribers received a notice about the WEA and EAS tests Tuesday. The test was previously postponed due to response efforts to Hurricane Florence.