You will find more details about the most significant items on the April meeting agenda after the break.

Text-to-988 – The Further Notice of Proposed Rulemaking would expand the new 988 designation for suicide prevention services to include text messaging. Specifically, the FNPRM proposes to require covered text providers to support text messaging by routing text messages sent to 988 to the National Suicide Prevention Lifeline (“Lifeline”). The Lifeline will begin receiving voice calls placed to 988 no later than July 16, 2022. Noting the increasing popularity of texting over voice services, particularly by younger users, the FNPRM seeks comment on the technical considerations for covered text providers, equipment vendors, and software vendors to also enable suicide prevention services to be provided through text-to-988 service. The NPRM considers the possibility of requiring text providers to send automatic bounce-back messages to consumers where the text-to-988 service is not available.

Wireless Microphones – The NPRM would propose to permit licensed wireless microphone users to operate WMAS technology on frequencies already available for Part 74 licensed wireless microphone operations in the TV bands (VHF and UHF). Those frequencies are the 653-657 MHz segment of the 600 MHz duplex gap, and in the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-959.85 MHz, 1435-1525 MHz, 6875-6900 MHz and 7100- 7125 MHz bands. The NPRM also proposes to permit WMAS to use up to 6 megahertz channels when less spectrum is sufficient for applications, or less spectrum is available. The NPRM would require WMAS to operate with a minimum of three audio channels per megahertz of spectrum to ensure an efficient use of spectrum. It would also require WMAS to comply with the emission mask and spurious emission limits for WMAS that were specified in the 2017 European Telecommunications Standards Institution (“ETSI”) standards. The NPRM proposes to update the existing Part 74 and Part 15 wireless microphone technical rules to reference the relevant portions of the 2017 ETSI wireless microphone standards as they currently reference the 2011 version. Lastly, the NPRM seeks comment on whether to authorize WMAS for unlicensed microphone operations under Part 15.

Improving 911 Reliability – The Third Notice of Proposed Rulemaking proposes to harmonize two currently separate outage reporting rules – the rules applicable to covered 911 service providers serving Public Safety Answering Points (“PSAPs”) and the rules requiring telecommunications service providers to report outages affecting 911 service to the public. The NPRM would require all originating service providers to notify potentially affected 911 facilities of an outage within 30 minutes of discovering the outage (the same time period that covered 911 providers have to notify PSAPs of an outage). Service providers would also be required to communicate such information no later than two hours after the initial notification. It would also establish consumer notification procedures for 911 unavailability. This NPRM would standardize the type of information conveyed to PSAPs, which would include information such as the name of the service provider(s) offering the notification and/or experiencing the outage, date and time when the incident began, communications service affected, and potential impact on PSAPs. The NPRM also focuses on service providers maintaining accurate PSAP contact information.

With these new requirements, the FCC continues its trend of expanding the availability of emergency services calling to newer technologies. As these new forms of communication become more mainstream – and as they grow as replacements for, rather than complements to, traditional telecommunications services – the FCC has been inclined to make emergency services a “must have” feature of the service. Providers of new communications technologies should carefully review their service offerings to determine how to handle customer attempts to reach emergency services.

Direct 911 Dialing

Kari’s Law is a requirement that multi-line telephone systems provide direct access to 911 dialing, without requiring the dialing of a prefix (such as 9). The law takes its name from an assault and murder of a woman by her estranged husband in 2013. While the woman was being assaulted, her 9-year-old daughter repeatedly tried to dial 911 on the motel room phone, but was unable to reach emergency services because the girl did not know that the motel’s phone system first required the dialing of a “9” to reach an outside line. Kari’s Law attempts to solve this situation by requiring all multi-line telephone systems to allow dialing of 911 without dialing of a prefix before dialing the number.

In the Order, the FCC adopted a rule that restates the Kari’s Law requirement for MLTS system manufacturers and installers to ensure that direct 911 dialing capability is available for systems installed on or after February 16, 2020. Equipment manufacturers, importers or lessors must ensure that their systems are pre-configured so that when properly installed, the systems will be able to dial 911 directly, without dialing an additional digit, code, prefix, etc. Similarly, a person in the business of installing, managing, or operating an MLTS system must configure that system to allow the user to dial 911 without dialing an additional digit, code, prefix, etc.

In addition, Kari’s Law and the Order also requires an installed MLTS system to be configured to provide notification of a 911 call to a central location (or person) at the facility where it the MLTS device is housed, if that configuration is possible without software or hardware change. “MLTS Notification” is defined as a feature “that can send notice to a central location at the facility where the system is installed or to another person or organization regardless of location.” Examples of such a notification can include screen pops with an alarm noise on security desk computers using a client application, text messages, and an email for an administrator. The notification should include (1) the fact that a 911 call has been made, (2) a valid callback number (does not have to be a direct inward dial to the caller’s phone), and (3) the same location information that is conveyed with the call to 911, to the extent technically feasible. The initiation of the notification must be contemporaneous with the call to 911.

Dispatchable Location

In response to Section 506 of the RAY BAUM’S Act, the Order expands the requirement to transmit “dispatchable location” on 911 calls to multi-line systems. Dispatchable location generally means enhanced information about the location of a caller within a building, such as a room number, floor number, or similar information necessary to adequately identify the location of the calling party. The Order adopts requirements to transmit dispatchable location for both MLTS services and interconnected VoIP services.

• MLTS calls. The FCC acknowledged some parties’ concern that the feasibility of providing location information varied within MLTS depending on the type of device and functionality. As a result, the Order imposes different obligations depending upon the type of MLTS call involved.
  • Fixed MLTS – Providing dispatchable location information for 911 calls is readily achievable and thus, fixed providers should provide automatically provide at least a street address (must be validated). This requirement will be effective one year after the effective date of the Order.
  • Non-Fixed MLTS Devices Used On-Premise – These MLTS devices should be able to provide the automated dispatchable location when technically feasible but otherwise providers, may rely on the user to provide or confirm the information manually. Non-fixed, on premise providers also have the option to provide alternative location information (may include coordinate-based information), which should be sufficient to identify a caller’s civic address and approximate in-building location. This requirement will become effective two years after the effective date of the Order.
  • Non-Fixed MLTS Device Used Off-Premise – When a user is off premises during a 911 call, the MLTS operator or manager must provide (1) dispatchable location, if technically feasible, or, otherwise, either (2) manually-updated dispatchable location, or (3) enhanced location information, which may be coordinate-based, consisting of the best available location that can be obtained from any available technology or combination of technologies at reasonable cost. This requirement will become effective two years after the effective date of the Order.

• Interconnected VoIP – Similar to MLTS, the FCC recognized in the Order that there might be differences in the feasibility of providing dispatchable location information for fixed vs. non-fixed iVoIP services.
  • Fixed iVoIP – Fixed iVoIP providers will be required to automatically transmit to the PSAP a dispatchable location with a 911 call, but the Commission clarified that the location may be determined by the means of the registered location that customers supply to their provider. This requirement will be effective one year after the effective date of the Order.
  • Nomadic/Non-Fixed iVoIP – Non-fixed providers must automatically provide dispatchable location when technically feasible, but may also rely on the registered location and require the customer to update manually if the calling location is changed or different than the registered location. Non-fixed providers also have the option to rely on alternative location information and as a last resort, the provider may route a 911 call to a national emergency call center for the operator to ask the caller about his or her location. This requirement will become effective two years after the effective date of the Order.
  • Outbound-only VoIP – For the first time, the FCC imposed a 911 dialing requirement on services that only interconnect with the PSTN for outbound calls. (Prior to the Order, only two-way VoIP services had 911 obligations). The FCC also amends the definition of interconnected VoiP in the rules (as it relates to 911 purposes) to include outbound iVoIP. Outbound iVoIP providers must notify subscribers of e911 service limitations and comply with the same location requirements as nomadic/non-fixed providers. This requirement will become effective two years after the effective date of the Order.

• TRS – Fixed internet-based TRS providers are required to provide automated, validated dispatchable location for each call. This requirement will be effective one year after the effective date of the Order. Non-fixed internet-based TRS providers, however, will only have to comply with the same (more flexible) requirements as a non-fixed iVoIP provider and have the same two-year implementation period.

• Mobile Text – Text providers already subject to the 911 rules are required to provide (1) dispatchable location, if technically feasible, or, otherwise, either (2) end-user manual provision of dispatchable location, or (3) enhanced location information. This requirement becomes effective within two years after the effective date of the Order.

Comments on the Public Notice are due by January 25, 2019; and reply comments are due by February 11, 2019.

Under the 2010 Twenty-First Century Communications and Video Accessibility Act (“CVAA”), advanced communications services (“ACS”) and devices used with ACS must be made accessible and usable for individuals with disabilities. VoIP services, both interconnected and non-interconnected, as well electronic messaging and interoperable video conferencing services are ACS pursuant to the CVAA. In its petition, GM states that its communications platform will meet the FCC’s definition of a non-interconnected VoIP service and thus, will be subject to CVAA requirements. FCC rules permit covered VoIP services to support RTT capability to meet their CVAA obligations if they do not have compatibility with the older text telephony (“TTY”) technology.

GM intends to make its communication platform accessible by including RTT functionality in the form of a chat application. GM states that its chat app will allow users with a disability to do everything with text that they could do in a traditional voice conversation. GM’s customer service chat will not support the full set of RTT minimum functionalities specified in the rules. Specifically, since the communications platform will serve a limited purpose (contacting customer service) while allowing for accessible communications similar to a voice conversation, GM is requesting that the FCC waive its obligations to provide: (i) RTT-RTT interoperability; (ii) RTT-TTY interoperability; (iii) transmission and receipt of RTT communications from PSAPs; or (iv) simultaneous voice and text. GM also emphasizes the overall benefits that its AV ride service would provide to users with disabilities.

GM’s waiver petition reflects the broad, wide reaching impact of the CVAA and accessibility considerations that non-traditional telecommunications providers need to make when offering services with a communications component that may be implicated by the rules. Device manufacturers and service providers that offer a service that could fall into one of the ACS categories should seek legal guidance to understand their compliance responsibilities.

As noted below, among the new rule changes were the adoption of a new base metric for major transport facility outages, establishment of a standardized methodology for calculating potentially affected users of wireless service, and clarification of “loss of communication” to Public Safety Answering Points (PSAPs). We have highlighted a few rule changes below, but carriers and service providers should be sure to review the Commission’s Order to identify all of the rule updates, reporting details and rule effective timeframes.

• For Major Transport Facility Outages, the Commission acknowledges that providers are using larger, fiber facilities for major traffic transport and relying less on DS3 circuits. Despite disagreement from commenters as to the specific capacity level, the Commission changed the DS3 metric to OC3 and adopted a 667 OC3 minute reporting threshold noting that the new requirements will better focus on outage trends affecting small and medium-sized businesses in addition to larger businesses. For simplex event outages - where a circuit designed with multiple paths experiences an outage on one working path - the reporting window was reduced from five days to four days.
• Recognizing the need for consistency in how providers calculate the number of potentially affected users in wireless outages and acknowledging that the technology for measuring call capacity continues to change, the Commission adopted a standardized calculation method. The Commission also permitted wireless carriers to allocate capacity for outages impacting public safety answering points and provided a reasonable allocation standard.
• The Commission cited the lack of outage reporting during the 2011 snow and ice storm in the DC area that resulted in calls failing to reach PSAPs as an example of a too-narrow reading of the PSAP communication degradation reporting rule. Accordingly, in the Order, the Commission defined the “loss of communications” that would trigger Part 4 reporting obligations.
• The Commission also considered providing state and federal officials with direct access to NORS data but acknowledged the need to protect the competitively sensitive data and critical infrastructure information contained in NORS. The Commission chose to seek further public comment on these issues and also directed the Public Safety and Homeland Security Bureau to study safeguards for providing direct access to the NOR data.

Finally, the Commission issued an Order on Reconsideration limiting the outage reporting regarding airports to those outages affecting critical communications. That Reconsideration Order also exempted satellite and terrestrial wireless carriers from reporting outages affecting all “special offices and facilities.”