WASHINGTON-The House telecommunications subcommittee passed the E911 Implementation Act of 2003, changing the rural provisions and making it possible for public-safety answering points to go forward with Phase II wireless E911 implementation even if a state has used 911 funds collected from consumers for other purposes.
“This change will help to protect Tier III carriers as they work to implement Phase II,” said Rep. John Shimkus (R-Ill.), sponsor of the bill, noting that by changing the bill to require the Federal Communications Commission to report to Congress rather than conducting a formal proceeding, Congress will be able “to determine whether the FCC is doing an adequate job addressing case-by-case waiver requests by Tier III carriers and what E911 Phase II technologies are the most effective for Tier III carriers.”
Shimkus had been an advocate for rural carriers concerned about the accuracy requirements established by the FCC. The original bill called for the FCC to conduct a proceeding on Tier III (less than 100,000 subscribers) carriers’ abilities to comply with the standard. Rural carriers-most of which chose TDMA technology for their digital networks-cannot meet the average compliance requirements using their network-based solutions. Compliance is often difficult because towers have been built along roads in a “string of pearls” fashion, making triangulation difficult if not impossible.
“We lost a little ground, but E911 is a sensitive issue that requires compromise,” said Caressa Bennet, general counsel of the Rural Telecommunications Group, which represents rural wireless carriers.
The amendment also eliminates the possibility that carriers could deem invalid a PSAP request if its state legislature had raided its 911-implementation fund.
This amendment directly relates to concerns raised by PSAP representatives during a Sept. 11 hearing on the bill. The argument to let PSAPs get grants even if their states raid 911 funds was raised by Indiana State Treasurer Tim Berry. Anthony Haynes, executive director of the Tennessee Emergency Communications Board, joined Berry in calling for the PSAP grants.
The purpose of the original language was to prevent states from raiding their 911 funds like many states have done to balance their budgets. But PSAPs were concerned that carriers would interpret the language to allow them to stop or slow down deploying Phase II services. Carriers must be able to deliver Phase II information within six months of a valid PSAP request, although some nationwide carriers have different implementation schedules.
The bill still contains the stick to prod E911 implementation by not allowing states and localities to receive grants if they have used 911 fees for other purposes. The grants come from a five-year, $100 million per-year program that would be established by the bill. The grants can be used to deploy E911 services.
States must certify each year that they are not raiding the 911 funds. This is a change from the original bill, which required certification twice each year.
“Delivering location capability to wireless consumers who dial 911 is an industry priority. This bill will help ensure that states are equally committed by holding them responsible for the delivery of E911 funds to the public-safety community,” said Tom Wheeler of the Cellular Telecommunications & Internet Association.
