Following a declaratory ruling issued by the Federal Communications Commission, California Gov.
Pete Wilson issued an executive order directing the state’s Department of General Services and the California Highway
Patrol to implement a more efficient procedure for handling wireless 911 calls.
“This is a very substantive
move,” said Reuven M. Carlyle, vice president of external affairs at Xypoint Corp., a location enhanced services
provider that also tracks legislation pertaining to wireless enhanced 911. “It’s the first governor that has instructed
state agencies to energetically roll out service statewide as rapidly as technically possible as a matter of
policy.”
The state had expressed its frustration to the FCC in July concerning its inability to get more than one
wireless carrier to participate in a trial of Phase I E911 services in the Los Angeles area despite its belief that it had met
all the requirements of the mandate. However, California does not have laws protecting carriers from lawsuits
stemming from mishandled wireless distress calls, which proved to be an issue in convincing the carriers to participate
in the trial.
The state asked the FCC to clarify its position on several key points, including whether carriers must
deploy Phase I E911 service despite the fact California does not provide immunity from liability and whether the state
is required to reimburse carriers for the cost of insurance policies covering wireless E911 service.
In its declaratory
ruling regarding the first issue, the FCC said carriers generally argue that the commission should revise its rules to
establish immunity as an additional requirement for E911 obligations or that it should provide nationwide immunity
protection. However, the commission considered the issue of immunity and deliberately excluded it from the
conditions, said the ruling.
“Although petitions seeking reconsideration of those decisions are pending, that
fact does not alter the current rules, which do not require that states provide E911 liability immunity to wireless carriers
in any form,” said the ruling.
Wireless carriers also argue that if they are obligated to deliver Phase I service
without immunity then the commission should entitle carriers to recover the costs of purchasing insurance. Those costs,
they said, are no different than the costs to purchase trunks, switching equipment and other services that are
reimbursable under the FCC mandate.
The ruling said carriers have other means to recover the costs of insurance
policies against E911 litigation, including rate increases, surcharges and fees. Carriers also can limit their liability
through contracts and state tariffs, regardless of whether a state statute provides such liability limitations, said the
ruling.
Gov. Wilson in 1996 created a task force to explore the issues surrounding wireless 911 services. The task
force found that current 911 systems experience delays in answering calls.
“Delays in the 911 system are
unacceptable-not only are they an inconvenience, but they jeopardize public safety,” said Wilson. “This
executive order will direct the state to work with the wireless communications industry to examine options to ensure
that we have the latest and most efficient system to handle cellular 911 calls.”
In the order, Wilson pointed to
the growing use of wireless service as well as consumers’ desire to use their phones for safety reasons as factors in
issuing the order.
