WASHINGTON-The recent rash of violent events-highlighting both the life-saving capabilities and limitations of wireless technology-will serve as a powerful backdrop to this Wednesday’s Senate Commerce Committee hearing on 911 wireless legislation.
The committee will hear from Mark Wildey, an emergency 911 dispatch official from Littleton, Colo., site of the shooting at Columbine High School that left 15 dead and 23 injured. Students and others under siege relied on mobile phones to call for help.
The witness list, which was not completed on Friday, also is expected to include Montana’s Drew Dawson, immediate past president of the national EMS directors and a ComCare Alliance member; George Heinrichs, president and chief executive officer of SCC Communications Corp. (a 911 services provider); and Thomas Wheeler, president of the Cellular Telecommunications Industry Association.
The 911 bill, cosponsored by Senate Commerce Committee Chairman John McCain (R-Ariz.) and communications subcommittee Chairman Conrad Burns (R-Mont.), would make 911 the universal emergency telephone number and give wireless carriers limited liability protection on par with wireline telephone in each state.
A companion bill was passed by the House, 415-2, in February.
The Senate 911 bill also promotes the automatic crash notification system being tested by the National Highway Traffic Safety Administration. The technology relies on sensors in cars that automatically relay location and other vital information to public safety answering points, or PSAPs.
ACN technology might have saved the life of Jon Charleston, a Fort Wayne, Ind., man who was not located until two hours after he called 911 from his overturned car in a ditch. He later died on April 19.
Esther Green was luckier. After the Georgia woman was abducted by a carjacker on April 26 she quietly dialed 911 on her mobile phone and cleverly dropped discreet hints about location to the emergency dispatcher. Police ultimately caught up with the suspect and Green was freed.
“Her story points up value of wireless 911 and getting 911 rules done,” said David Aylward, executive director of the ComCare Alliance. ComCare, comprised of health and public-safety professionals is partially funded by CTIA.
States have been slow to implement enhanced 911 wireless rules-set by the Federal Communications Commission and which include call-back and location features-because of funding, technological, interconnection and liability problems.
A potential roadblock who could neutralize some of the emotional impact of these stories is Sen. Ernest Hollings (D-S.C.). Hollings, a champion of trial lawyers who is waging war to kill a bill with liability protections for year-2000 computer failures, may fight a provision in the 911 bill giving wireless carriers limited liability on par with wireline carriers.
Hollings challenged the 911 wireless bill last year because of disdain for the liability provision.
“We don’t need to create a new tort system,” said Maurie Lane, press secretary for Hollings.
Senate 911 bill supporters dispute notions that the bill will impose federal limits on a citizens’ ability to sue for 911 negligence or will cap damages and attorney fees.
“We’re hoping Sen. Hollings would support the bill because of the overall benefits,” said Steven Berry, CTIA vice president for congressional affairs. “I’m not convinced he’s opposed to the bill or the [liability] provision.”
The Senate bill would extend to wireless carriers whatever liability protection is accorded to wireline carriers in individual states. The House bill gives states two years from the bill’s enactment to set a wireless 911 liability standard different from the legislation.
“We truly think this bill ultimately saves lives and improves safety for all Americans,” said Berry. “While there are legitimate concerns as to the liability issue, we don’t feel the bill is offensive to members.”
Aylward noted that South Carolina last year created parity for wireless and wireline 911 liability immunity.
“We are monitoring the legislation and if it were to pre-empt state law and impose federal limits on liability, we would certainly be concerned,” said a spokesman for the Association of Trial Lawyers of America.
Opposition to the liability provision also is coming from the EMR Alliance, a group concerned about health effects from mobile phone radiation, and the Wireless Consumers Alliance.
WCA believes the cellular industry and federal regulators are not doing enough to ensure wireless 911 callers have the best chance of getting connected to PSAPs.
“We’re opposed. We don’t see any reason why normal market rules should not apply across the board,” said WCA President Carl Hilliard. Hilliard said consumers should not be denied the right to redress 911 mishaps.
Hilliard said he has urged the FCC to repeal wireline 911 liability protection as well.
