WASHINGTON-The consumer group fighting for specific E911 call-completion regulations vowed to take its case to court if the Federal Communications Commission adopts a technology-neutral rule this week.
When it became apparent last week that the Wireless Consumers Alliance had lost its battle with the cellular industry over how strongest-signal guidelines should be implemented, WCA’s Carl Hilliard vowed to fight the FCC’s expected decision in court.
“We put so much time and effort [into this] … My commitment was that [the FCC] would adopt a rule. This rule won’t do that,” Hilliard stated, explaining his decision to take the issue to court.
Late last Thursday, the FCC put out a “sunshine notice” indicating it plans to consider a second report and order concerning ways to improve wireless 911 call completion at its public meeting scheduled this Thursday. The sunshine notice ceases all lobbying on items slated for a public meeting. After the notice, conversations can only occur among FCC staff.
Hilliard-who had traveled from San Diego-appeared defeated, but vowed to return and fight again. Hilliard brought along Denise Blomme, Ermilia Luchuga and Marcia Spielholz-victims of cases where 911 calls placed on a cellular phone apparently were not successfully completed. Litigation is pending on some of these incidents.
While the FCC’s Wireless Telecommunications Bureau would not comment on what language was sent to the commission for a final vote, interviews with key FCC staff, industry representatives and Hilliard indicate the FCC will adopt a generic rule that will not mandate any specific technology.
The specific rule is expected to read something like the following, according to these sources: “A handset must be able to seek out the other analog cellular carrier if the 911 calls does not go through.”
The Cellular Telecommunications Industry Association declared victory. “That is what we have been asking for,” said Michael F. Altschul, CTIA vice president and general counsel.
Ari Fitzgerald, wireless legal adviser to FCC Chairman William Kennard, said the issue is not who won, but how far the industry has come in addressing the issue of 911 call completion. “When the industry said there wasn’t a problem, Bill Kennard said there was a problem … the industry finally came around and responded to the problem.”
If the language proves to be accurate, the FCC hopes the industry will look at installing all available technologies to allow more calls to 911 to be completed. This is unlikely, given a CTIA press statement released last Thursday criticizing WCA’s proposal for strongest-signal technology and extolling the virtues of CTIA’s proposal for A/B roaming.
Both strongest signal and A/B roaming are touted by their proponents as solving the dead-zone problem-a lack of coverage in some areas where only an A- or B-side cellular carrier offers service. An A-side customer traveling in a B-only area cannot receive or place calls, including calls to 911.
The Ad Hoc Alliance for Access to 911 petitioned the FCC on Oct. 15, 1995, to require carriers to install a chip in handsets that would search for and place 911 calls using the strongest control channel-regardless of which carrier, A or B, serves the customer. The proposal has since been modified to “adequate signal.”
CTIA would rather the FCC adopt A over B roaming. Under this proposal, the phone first would search the preferred side-the subscriber’s carrier’s side-and only place the call on the non-preferred side if no signal could be found. CTIA’s proposal would allow 65 seconds to elapse before the call would be dropped unless the customer cut off first. WCA claims strongest signal would only take 4-6 seconds.
There has been compromise on both sides but in the end, WCA was out-manned and out-gunned by industry lobbyists who convinced FCC staff that if the FCC mandated strongest signal, it would disrupt the existing cellular networks and overshadow the benefits gained by mandating strongest signal.
No independent engineering analysis on either strongest signal or A/B roaming has been entered into the record.
Some FCC staff believe if enough consumers ask the industry to install strongest-signal technology in handsets, carriers will demand it from manufacturers.
