Massachusetts issues rules for prepaid wireless 9-1-1 fees and MLTS E9-1-1 requirements

The Commonwealth of Massachusetts State 9-1-1 Department issued final rules for prepaid wireless 9-1-1 fees and multi-line telephone system (MLTS) E9-1-1 requirements effective July 1, 2009.

While recent legislation in Maine and Texas adopted the Point of Sale solution for prepaid fees, the Massachusetts rules followed the Tennessee model by adopting an approach in which the carrier can choose to assess the .75 fee monthly on each customer or to use a formula based on the average revenue per user and the number of minutes used in the state.

The Massachusetts MLTS E9-1-1 rule applies to all "new or substantially renovated" MLTS systems after 7/1/09. Links to both rules follow:

Prepaid Wireless 9-1-1 Fee Rule: http://www.mass.gov/Eeops/docs/setb/Final_Regulations_560_cmr_3.0.pdf

MLTS E9-1-1 Rule: http://www.mass.gov/Eeops/docs/setb/Clean_Final_Regulations_560_cmr_4.0.pdf

Location Patent suits filed

Tendler Cellular of Texas, LLC v. AT&T Mobility, LLC et al. 09-cv-0115-LED, E.D. Texas, filed 3/12/09.

Tendler Cellular of Texas is a holding company controlled by patent lawyer Robert K. Tendler, formerly a patent lawyer for Mitsubishi Electric Research Labs. Tendler, who claims he was the first person to put GPS in a cell phone, has sued the five major cellular service providers that control the lion's share of the U.S. market--AT&T, Verizon, Sprint Nextel, T-Mobile, and U.S. Cellular. He accuses the carriers of infringing patent 7,447,508, which covers a "location based information system."

While the plaintiff here is a patent-holding company, Tendler also controls what looks to be an operating company, Tendler Cellular, which he founded in Boston in 1996. Tendler Cellular markets something called FoneFinder, which it describes as an "inexpensive solution" to the problem of identifying the point from which cellular 911 calls originate.

Although the company has been around for more a decade, Tendler, only filed for the '508 patent in 2007; That patent is a continuation of a 2003 patent application covering using a cell phone with a GPS to locate services like "gas stations, movie theatres, drug stores, etc."

Tendler is demanding the cell phone service providers pay him a royalty on "location based services" including 911 services, that they offer to subscribers. He is represented by Jonathan Suder of Friedman, Suder & Cooke, a Fort Worth lawyer who files frequently in E.D. Tex.

This isn't Tendler's first patent suit. He sued the ONSTAR Corporation for patent infringement in 2006; the case settled in May 2008. Three months later, he sued BMW, Toyota, and two smaller companies, accusing them of infringing the "parent" of the '508 patent he is now asserts against the cell phone providers. Tendler dropped his claim against Toyota within a week; the remaining defendants by the end of that year.

Proposed Prepaid Wireless Legislation in Louisiana

HLS 09RS-1367 ORIGINAL
Regular Session, 2009
HOUSE BILL NO. 782
BY REPRESENTATIVE ELLINGTON
DISTRICTS/COMMUNICATIONS: Provides additional service charge on wireless
telecommunications services
Louisiana 2009 Regular Legislative Session

DIGEST

The digest printed below was prepared by House Legislative Services. It
constitutes no part of the legislative instrument. The keyword, one-liner,
abstract, and digest do not constitute part of the law or proof or indicia of
legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ellington HB No. 782

Abstract: Provides for a 911 service charge on prepaid wireless services.
Present law provides that communications districts shall collect 911
emergency service charges from landline and wireless telecommunications
services.
Proposed law provides for definitions.
Proposed law provides for a prepaid wireless telecommunications 911
service charge of $0.50 per retail transaction.
Proposed law provides that the prepaid wireless 911 service charge shall
be collected by the seller from the consumer with respect to each retail
transaction occurring in this state. The amount of the prepaid wireless 911
service charge shall be either separately stated on an invoice, receipt, or
other similar document that is provided to the consumer by the seller, or
otherwise disclosed to the consumer.
Proposed law provides that a retail transaction that is effected in person
by a consumer at a business location of the seller shall be treated as
occurring in this state if that business location is in this state, and any
other retail transaction shall be treated as occurring in this state if the
retail transaction is treated as occurring in this state for purposes of
present law.
Proposed law provides that the prepaid wireless 911 service charge shall
be the liability of the consumer and not of the seller or of any provider,
except that the seller shall be liable to remit all prepaid wireless 911
service charges that the seller collects from consumers, including all such
charges that the seller is deemed to collect where the amount of the charge
has not been separately stated on an invoice, receipt, or other similar
document provided to the consumer by the seller.
Proposed law provides that the amount of the prepaid wireless 911 service
charge that is collected by a seller from a consumer, whether or not such
amount is separately stated on an invoice, receipt, or other similar document
provided to the consumer by the seller, shall not be included in the base for
measuring any tax, fee, surcharge, or other charge that is imposed by this
state, any political subdivision of this state, or any intergovernmental
agency.
Proposed law provides that the prepaid wireless 911 service charges
collected by sellers shall be remitted to the department of revenue. The
department shall establish registration and payment procedures.
Proposed law provides that a seller shall be permitted to deduct and
retain 3% of prepaid wireless 911 service charges that are collected by the
seller from consumers.
Proposed law provides that the audit and appeal procedures applicable
under present law with respect to the state sales tax shall apply to prepaid
wireless 911 service charges.
Proposed law provides that the department shall establish procedures by
which a seller of prepaid wireless telecommunications service may document
that a sale is not a retail transaction.
Proposed law provides that the department shall pay all remitted prepaid
wireless 911 service charges over to eligible communications districts. The
department may retain up to 2% of remitted service charges to reimburse its
direct costs of administering the collection and remittance of prepaid
wireless 911 service charges.
Proposed law provides that each communications district shall receive a
distribution within 30 days of the end of each calendar quarter of a portion
of the revenues remitted to the department.
Proposed law provides that the amount of the distribution shall be
determined by dividing the population of the communications district by the
state population, and then multiplying that quotient times the total revenues
remitted to the department after deducting the amount authorized in proposed
law.
Proposed law provides that no provider or seller of prepaid wireless
telecommunications service shall be liable for damages to any person
resulting from or incurred in connection with the provision of, or failure to
provide, 911 or E911 service, or for identifying, or failing to identify, the
telephone number, address, location, or name associated with any person or
device that is accessing or attempting to access 911 or E911 service.
Proposed law provides that no provider or seller of prepaid wireless
telecommunications service shall be liable for damages to any person
resulting from or incurred in connection with the provision of any lawful
assistance to any investigator or law enforcement officer of the United
States, this or any other state, or any political subdivision of this or any
other state, in connection with any lawful investigation or other law
enforcement activity by such law enforcement officer.
Proposed law provides that the prepaid wireless E911 charge shall be the
only E911 funding obligation imposed with respect to prepaid wireless
telecommunications service in this state, and no tax, fee, surcharge, or
other charge shall be imposed by this state, any political subdivision of
this state, or any intergovernmental agency, for E911 funding purposes, upon
any provider, seller, or consumer with respect to the sale, purchase, use, or
provision of prepaid wireless telecommunications service
Effective Jan. 1, 2010.
(Adds R.S. 33:9109.1)

Full legislation here

Prepaid Cell Users May Soon Pay New Fee in Louisiana

By Robert Zullo, Senior Staff Writer
Published: Saturday, February 28, 2009 at 6:01 a.m.

HOUMA — Thousands of prepaid cell-phone customers may be required to pay a new fee to help support local 911 emergency services.

Communications districts in four local parishes are petitioning the state to close a loophole in a law that allows those customers to avoid the fee.

Terrebonne Communications District Director Mark Boudreaux asked the Parish Council earlier this month to pass a resolution supporting the legislation. It would assess an 85-cent fee on the purchase of prepaid wireless-phone cards in Terrebonne, Lafourche, Assumption and St. Mary parishes.

More than half of the Terrebonne district’s 57,000 emergency calls last year came from cell phones, Boudreaux said. Of that number, nearly half came from prepaid phones, which can be bought in any number of local gas stations, convenience stores or wireless shops and are generally coupled with a card that contains a preset number of minutes.

Already, subscription wireless customers pay an 85-cent monthly 911 fee, residential users pay 62 cents per line and commercial customers pay $1.62 per line up to 100 lines.

But prepaid phone buyers do not pay a service charge, Boudreaux said.

State Rep. Joe Harrison, R-Napoleonville, said he plans to file a bill with the House Commerce Committee within the next two weeks. The rest of the local delegation is expected to support the measure.

The bill would be local in scope, but the potential remains for the measure to become a statewide law.

“Why should one segment pay for the majority of the people and not have everyone share in that responsibility?” Harrison said. “I am encouraging my fellow legislators to take part. I’ve got a lot of interest.”

Lafourche Parish Communications District Administrator Katie Zeringue said about 65 to 75 percent of the parish’s emergency calls come from wireless phones. Of those, about 35 to 40 percent come from prepaid phones.

At least one prepaid carrier, Boost Mobile, does remit 911 fees, Zeringue said. But given the number or calls from prepaid phones emergency districts are receiving, and the 10 different carriers operating in the area, evidence that prepaid phone service is growing is irrefutable, Zeringue and Boudreaux said. And with fewer people paying for land lines, cell phones, including prepaid phones, will become an increasingly larger portion of the local communications landscape, Boudreaux noted.

“It’s going to continue to explode,” Zeringue said. “We don’t want to see that we have no funding mechanism and this prepaid totally takes over. … All we want is parity for them to pay the same as every other user is.”

How much money the districts are missing out on is anyone’s guess, since the companies have not disclosed how many prepaid cards are sold in a given parish, Boudreaux said.

Local 911 directors estimate they could gain anywhere from $6,000 to $240,000 if the new law is passed.

The fee would be assessed at the point of purchase, Boudreaux said. The customer would be required to give a home ZIP code, and the fee would go to that communications district, Boudreaux said. If the customer is not from one of the four parishes included in the bill, the fee would go to the communications district where the card is bought.

The money would be used for increasing the ability of local emergency agencies to communicate with one another, expanding the agency’s headquarters and purchasing equipment, Boudreaux said.

Senior Staff Writer Robert Zullo can be reached at 850-1150 or robert.zullo@houmatoday.com.

FCC ISSUES THREE UNIVERSAL SERVICE ORDERS

Today, the Federal Communications Commission (“FCC” or “Commission”) granted Petitions by TracFone Wireless, Inc. (“TracFone”) and Virgin Mobile USA, L.P. (“Virgin Mobile”) related to the provision of Lifeline service through the universal service low-cost mechanisms and issued an Order resolving application of the cap on high-cost universal service mechanisms to tribal lands.

In the TracFone Order, the Commission addresses a Petition for Modification of TracFone’s earlier designation as an eligible telecommunications carrier (“ETC”) for the universal service Lifeline program. Previously, the Commission had conditionally designated TracFone as an ETC for the Lifeline program. Among the conditions, TracFone must obtain a certification from each PSAP where TracFone would provide Lifeline service that TracFone provides basic and E911 to its customers. Today’s Order modifies TracFone’s obligation to obtain a certification. While TracFone must still seek PSAP certification in the event that the PSAP takes more than 90 days to respond, TracFone may self-certify that they have met the requirements.

Additionally, the Commission addresses requests for ETC designation by Virgin Mobile. Seeking waivers of the same Commission rules previously waived for TracFone, Virgin Mobile also sought ETC designation for the universal service Lifeline program. In granting the Petition, the FCC designates Virgin Mobile an ETC for the Lifeline program in New York, Virginia, North Carolina and Tennessee – states for which the FCC designates ETCs. Virgin Mobile’s grant of ETC designation is subject to the same conditions as the earlier TracFone designation, including the modified PSAP certification requirement adopted today.

Finally, the Commission addresses issues raised by a Petition for Declaratory Ruling filed by Smith Bagley, Inc. governing application of the Commission’s interim cap on high-cost universal service funding for competitive ETCs serving tribal areas and Alaska Native regions. Specifically, the Commission waives on its own motion application of the interim cap on CETC high-cost USF support for all lines in tribal areas – waiving the requirement that uncapped support be restricted to one payment per residence.

The TracFone Order is available at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-17A1.pdf

The Virgin Mobile Order is available at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-18A1.pdf

The tribal areas and Alaska Native region Order is available at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-16A1.pdf

Impact on 9IA Members of Patent Litigation Against Wireless Carriers Offering Location-based E911 Services

By law, wireless carriers must implement Enhanced 911 (E911) calling party location services. The carriers are not compensated for this requirement; therefore, they engage small and medium sized vendors to supply these services in order to keep costs low. Recently filed patent litigation against all the major wireless carriers asserting exclusive rights to location-based technology explicitly cites compliance with FCC E911 Orders as proof of infringement. While defendants have the right to dispute the patents, they often rely on their vendors for indemnification; however, most vendors are too small to sustain even modest patent litigation costs.

Being forced to defend infringement lawsuits or license unnecessary patents will discourage innovation, threaten the viability of critical vendors, and will cause some firms to exit the public safety arena. Forcing carriers to choose between public service and their customers should be an unacceptable result to any industry participant.

A potential solution: 28 U.S.C. §1498. This statute provides a remedy that improves government access to location-based services, protects providers from frivolous claims and burdensome litigation, and justly compensates deserving patent holders. This statute provides that when patents (and copyrights) are used “by or for the United States…the owner’s remedy shall be by action against the United States …for the recovery of his reasonable and entire compensation…”

Unfortunately, there is little case law regarding §1498 and establishing §1498 as a defense against a patent infringement claim would engender unnecessary and expensive litigation. Congress should enact simple focused legislation clarifying the applicability of 28 U.S.C. 1498 to wireless carriers’ compliance with FCC E911 public safety Orders.

Please, join our effort to protect the 911 industry from frivolous and unnecessary patent litigation.

Contact: Kim Robert Scovill, TeleCommunication Systems, Inc. 410-349-7097

Summary of Economic Stimulus; Public Safety Provisions

Public Safety/Broadband Related Provisions:

• $25 billion to states for other high priority needs such as public safety and other critical services
• State and Local Law Enforcement: $4 billion to support state and local law enforcement including $3 billion for the Byrne Justice Assistance formula grants to support local law enforcement efforts with equipment and operating costs, and $1 billion for the COPS hiring grant program, to hire about 13,000 new police officers for three years. The grantee is responsible for at least 25% in matching funds and must commit to use their own funds to keep the officer on board in the fourth year.
• Reducing Wildfires Threats: $850 million for hazardous fuels removal and other efforts to prevent wildfires on public lands. Making these investments today will create jobs in the short run, but also save long term costs of fighting fires in the future.
• State and Private Forest Service Wildfire: $550 million for state and local volunteer programs and hazardous fuels reduction efforts which states and communities have determined are of the highest priority.
• Federal Forest Service Wildfire: $300 million for urgently needed hazard reduction on federal lands.

Broadband to Give Every Community Access to the Global Economy

• Wireless and Broadband Grants: $6 billion for broadband and wireless services in underserved areas to strengthen the economy and provide business and job opportunities in every section of America with benefits to e-commerce, education, and healthcare. For every dollar invested in broadband the economy sees a ten-fold return on that investment.

Canada’s 911 Network Needs Emergency Overhaul

APCO/NENA Delegates Told Canada’s 911 System Not Ready For 21st Century

OTTAWA, ON - November 19, 2008 - Hundreds of delegates attending the Association of Public Safety Communications Officials (APCO) and the National Emergency Number Association (NENA) Conference in Ottawa today were told that Canada’s 911 system is in need of a major overhaul if it is to be relevant in the 21st Century. The current 911 network in Canada was described as “outdated” and unable to keep up with changing technology.

“Our emergency number system is itself in need of some emergency attention,” says Allan Zander, Vice President of SolaCom Technologies, a Gatineau-based emergency communications software company. “Simply put, the current system has not kept pace with technology. Most 911 Centres in Canada still cannot pinpoint the exact location of a cell phone call, and none of them can deal directly with a call from a voice over Internet Protocol (VoIP) phone,” says Zander.

In Canada Phase One of Enhanced 911, which provides the exact location of a landline call, and the location of the nearest cell phone tower, is only available in some parts of some provinces. Phase Two of Enhanced 911, which provides for the EXACT location of cell phone calls, using xy tower coordinates, or GPS technology, is not fully deployed anywhere in Canada. Next Generation 911, currently being deployed across the United States, allows 911 Centres to accept video and text messaging and automatically transmit that information to rescuers in the field. It also allows for information sharing and simultaneous coordination between different public safety agencies. Next Generation 911 isn’t even on the radar in Canada.

Delegates to the APCO/NENA “Partners in Communication” Conference at the Westin Hotel in Ottawa, were told that the disparity between Canada and the United States is ironic, given that much of the latest communications technology is being developed here in Canada and then sold south of the border.

At the APCO/NENA Conference, SolaCom Technologies of Gatineau, QC, officially announced that its latest call-taking product Guardian, is now able to receive SMS text messages and video. The heightened capability is in addition to dynamic name and location display, and enhanced call management.

“Canadian companies like SolaCom are developing sophisticated public safety communications solutions. These solutions allow 911 Centres to keep up with the consumer’s adoption of new communication devices and keep up with the ever-increasing complexities of public safety response,” says Zander. “Unfortunately these solutions are not being implemented in Canada.”

In remarks to introduce Mr. Paul Godin, Director General, Competition, Costing & Tariffs, of the Canadian Radio Television and Telecommunications Commission (CRTC), Mr. Bernard Lord, President and CEO of Canadian Wireless Telecommunications Association (CWTA), and Mr. Gregory Rhodes, Executive Director of the E911 Institute, Zander called for a partnership between governments, the public safety industry, and Canadian consumers to push for 911 updates and upgrades.

“If 911 is to be the cornerstone of our public safety system, we need to make sure it’s ready for the way we communicate in the 21st Century”.

Report: Dispatch Monthly Magazine

This Tuesday's election has big Presidential choice at the top, but there are also hundreds of local elections that include some 911 issues. There are several California cities that have ballot measures to eliminate their existing 911 "fee," and replace it with a "tax," intended to avoid court challenges that have forced other cities to withdraw their 911 fees. Download (pdf) the San Jose (Calif.) ballot measure here, showing that revenues would go to the general fund, and would not be limited to 911-related expenses. Muskogee County (Okla.) voters may approve a surcharge increase to fund 911 system improvements, while Bonners Ferry (Idaho) voters choose whether to impose a first-ever $1 monthly surcharge to upgrade from B911 to E911. Emmet County (Iowa) voters will vote on increasing the monthly surcharge from $1 to $2 to upgrade the public safety radio system and the 911 telephone system.

Vote on funding 9-1-1

Report: Dispatch Monthly Magazine

This Tuesday's election has big Presidential choice at the top, but there are also hundreds of local elections that include some 911 issues. There are several California cities that have ballot measures to eliminate their existing 911 "fee," and replace it with a "tax," intended to avoid court challenges that have forced other cities to withdraw their 911 fees. Download (pdf) the San Jose (Calif.) ballot measure here, showing that revenues would go to the general fund, and would not be limited to 911-related expenses. Muskogee County (Okla.) voters may approve a surcharge increase to fund 911 system improvements, while Bonners Ferry (Idaho) voters choose whether to impose a first-ever $1 monthly surcharge to upgrade from B911 to E911. Emmet County (Iowa) voters will vote on increasing the monthly surcharge from $1 to $2 to upgrade the public safety radio system and the 911 telephone system.

Ohio's 9-1-1 Among the Worst

Report: Ohio's 911 Among Worst
By Ashley Brown NBC4 (WCMH) May 14, 2008

WORTHINGTON, Ohio -- Ohio's 911 system faces funding issues, NBC 4's Mike Bowersock reported. 911 officials from all over the state came together Wednesday to hear about the importance of a renewal of funding for statewide 911 systems. The meeting came after a new national report revealed bad news for Ohioans. "Ohio's 911 system is unable to meet the public's expectations," William Hinckle, communications director, said. In fact, the national report showed Ohio's 911 system to be one of the worst in the nation. "Ohio was near the bottom of the list as it ranked across the country, unfortunately," Jeff Robertson, director of 911 Alliance, said. The report ranked the quality of Ohio's 911 system 49th out of 50 states. Part of the reason for Ohio's low score was there are two counties -- Meigs and Monroe -- that have no 911 system at all. "It's very rare across the country that you still have to know the old sheriff's home phone number in order to get a dispatch. So, it's a shame here in Ohio that that's the case in two counties," Robertson said. This year, marked the third year of state funding for an enhanced 911 system. The original funding program only was valid for three years. If the funding is not renewed, the quality of Ohio's 911 system could drop even further -- even though it doesn't have far to fall. The funding bill was in the House of Representatives Wednesday. If passed, it would continue funding particularly for cellular and other wireless 911 calls. The original bill will expire Wednesday, Dec. 31 and must be renewed for funding to continue.

Ohio and 9-1-1 Competition

The 911 Industry Alliance (9IA) on April 18th asked the Ohio Public Utilities Commission to move forward with launching a formal rulemaking to set standards governing next-generation "911" systems, backing a petition filed last month by the Ohio chapters of the National Emergency Number Association and the Association of Public Safety Communications Officials. Full position statement here.

Indiana Law Mandates 2 Centers Max per county

The Indiana state legislature has passed regulations that require counties to have a maximum of two PSAPs by 2015, hoping to cut down on the expense of operating public safety communication centers, and increasing their efficiency. At least one county still has 17 different centers. The legislation also sets up an emergency alert committee to improve public notification procedures, and revises certain regulations about 911 surcharges.

Mobile Enterprise Magazine Interview

Recent article on the challenges facing 9-1-1. Mobile Enterpise magazine recently interviewed Jeff Robertson. See the article online here.

9IA Publishes article on Virtual Consolidation of 9-1-1

9IA's article on Virtual Consolidation in a Next Generation 9-1-1 network article is published in April's issue of Mission Critical.

Public safety community praises report recommending '911' changes

NATIONAL -- Public safety community praises report recommending '911' changes
Public safety leaders yesterday praised a new report that recommends changes in "911" system technology, governance, and funding in order to ensure that next-generation, Internet protocol (IP)-based networks are built to keep current with the pace of technology.

As members of the public safety community lobby Congress this week for additional funding for enhanced "911" (E911) grants, it helps to have the report released yesterday to show them, said Richard Taylor, president of the National Association of State 911 Administrators and executive director of the North Carolina 911 Board. Mr. Taylor and other public safety leaders are in town this week to attend functions organized by the National Emergency Number Association and lobby their legislators.

"I think anytime that you can come in with documented evidence of the health of the 911 system, I think that's going to always assist in any type of lobbying that you may be doing," Mr. Taylor said this morning at a news conference held to release the report. "When you come in with facts and figures, that's going to help." Mr. Taylor said that while he's not happy with the state of 911 services cited in the report, he said, "The truth is the truth."

In a joint statement, the presidents of NENA and the Association of Public-Safety Communications Officials-International said they concurred with many of the report's findings, including the need for a sustained source of funding to upgrade 911 networks.

"The public safety communications community has been playing catch up with emerging technologies for years and is well aware of the need for 911 systems to be updated to address current requirements," APCO President Willis Carter said. "The one thing that hasn't changed is local public safety agencies' need for funding so they can make these improvements."

The report brings "additional light to challenging issues we have been dealing with for a long time," added NENA President Jason Barbour. "We support the findings of this report and hope it will provide much needed reinforcement in our continued efforts at the state and federal level to secure funding for critical advancements to our 911 system."

During a NENA conference this week, Mr. Barbour and other public safety officials noted that they have a lot of work to do to convince Congress to allocate additional funds for E911 grants. In the ENHANCE 911 Act of 2004, Congress authorized $1.25 billion for such grants over five years, but only $43.5 million has been allocated.

The 96-page report officially released yesterday was commissioned by the 911 Industry Alliance, a group founded in 2005 that includes nearly 20 vendors of 911 technologies and services, and prepared by ColoComm Group LLC, which is led by Dale Hatfield, former chief of the FCC's Office of Engineering and Technology. Mr. Hatfield and his associates interviewed representatives of public safety agencies in 21 states, public safety and industry groups, carriers and other companies, and the Department of Transportation.

"As we explain, the current communications landscape is a far cry from the one for which the current 911 system was engineered," the report said. "Accordingly, we believe changes in technology, governance, and funding procedures are necessary in order to meet citizen expectations as well as public safety and homeland security needs."

The report says that 911 offerings "must be better aligned with the expectations and demands of consumers," noting, for example, that current 911 systems are not capable of handling the latest technologies that consumers enjoy on their devices, such as text messaging and photo sharing. It said that students in at Virginia Tech assumed wrongly last year that they could text message their local public safety answering point (PSAP) during a mass shooting. A next-generation 911 system would enable such technologies to be used and could also facilitate greater cooperation among PSAPs, including load sharing, Mr. Hatfield said during the news conference. "The 911 system is just not keeping up with the modern technology," he said.

Addressing both funding and governance concerns, the report said that officials must ensure that funds collected for 911 services are not "raided" for other purposes. "Clearly this raiding has got to stop," Mr. Hatfield said. "I mean, that is just ridiculous, given the need here. Moreover, we must have a stable source, a predictable source of funding."

The report recommended that states be in charge of collecting 911 surcharges and then distributing them to localities. Such a system could ensure that enough funds are being collected and they are being spent for the right purposes. It suggested an auditing process, as well. The report also said that 911 surcharges "should be assessed in a principled manner which promotes competition." It said there often doesn't seem to be a rationale for why varying surcharges are levied depending on the jurisdiction and type of carrier offering the 911 service and said that surchargers should be "informed by a policy of equity and then parity."

The report also calls on states to take a larger role in facilitating faster adoption of advanced 911 technologies. There also needs to be a strategy for coming up with a way to pay the huge costs of deploying next-generation systems, and policymakers should consider bonds, credit facilities, tolls, and other mechanisms, it said. At yesterday's news conference, Mr. Hatfield said that in addition to state governments, the federal government should contribute its share toward the capital expenditures necessary to build next-generation networks. He also said there is also a role for the federal government in the development of technical standards.

Mr. Taylor said the report makes a number of good points. He sees a need for increased collaboration between federal and state governments and state and local governments in 911 planning and said his state is moving on a number of fronts to improve the management of 911 systems. For example, a single 911 surcharge is now imposed statewide, rather than localities each deciding what surcharges to impose. The fees are collected at the state level and distributed to localities. "With this new model, we'll be able to actually see what the cost of 911 is in North Carolina," Mr. Taylor said. He also said a comprehensive 911 plan has been commissioned to help the state see where 911 is now and how to transition to new technologies.

Jeff Robertson, of the 911 Industry Alliance, said the group plans to meet with state legislators around the country to discuss the issues raised in the document.

A public safety leader from Ohio highlighted the difficulties his state is facing. The state legislature has yet to renew a 911 surcharge on wireless services, which expires at the end of this year. Some lawmakers, worried about supporting taxes, have indicated they might wait until after this November's election to address it, said William Hinkle, director of the Hamilton County Department of Communications in Cincinnati. "No [PSAPs are] going to do anything in Ohio because of the uncertainty of funding," Mr. Hinkle said. "As far as I'm concerned, we're plying Russian roulette…with the public's safety." - Paul Kirby, paul.kirby@wolterskluwer.com

REPORT STRESSES NEED FOR BROADBAND SERVICES, GREATER COORDINATION FOR HEALTH CARE SECTOR

Policymakers should encourage the deployment of interoperable, Internet protocol-based broadband networks that will allow the emergency medical community and public health care facilities to better take advantage of the latest technologies, according to a report released today. It calls for “a systematic, coordinated, and comprehensive strategy to improve emergency communications throughout the ranks of first responders and public health facilities.”

The report was prepared by an advisory committee created by the FCC and the National Telecommunications and Information Administration to study improvements to communications capabilities of medical and health facilities. It submitted its report to Congress earlier this month. The advisory panel was mandated by legislation enacted last year implementing unfulfilled recommendations of the 9/11 Commission.

“The U.S. is home to the best doctors, the most capable emergency medical workers, and the most-capable communications technologies and networks available in the world today,” said the 80-page report prepared by the Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities. “But, somehow, we have failed to marry our health and emergency medical systems with advances in communications and information technologies. We can and must do better. The opportunity is potentially boundless. It is time policymakers and stakeholders get serious about modernizing these communications systems.”

The report added, “Achieving this vision takes a major reorientation of government policy, as well as a fundamental paradigm shift as to how public safety and health providers approach their communications needs. Continuing the status quo is no longer an option. EMS, medical and public health care facilities cannot change the system on their own. A broad range of players have critical stakes in this transformation. But policymakers have an especially profound duty to provide the leadership, vision, strategic investments, and to illuminate the pathway forward.”

“It is now abundantly clear that policymakers must set a new national goal of transitioning EMS, 911, and other public health communications to broadband capable networks,” the report said, adding that such systems must be able to handle voice, video, data, and other applications and prioritize communications and provide enough bandwidth for telemedicine applications. The report also said that $1 billion in interoperability grants overseen by the National Telecommunications and Information Administration should be able to go to hospitals and public health offices in addition to police, fire, and emergency medical service departments “in order to truly enable seamless communications in an emergency.”

It said first responders and the health care community could have broadband access “by fostering a regulatory environment in which private sector companies build robust broadband networks and providing targeted funding.”

The advisory committee also recommended that Congress “establish a federal interagency coordinating committee on emergency communications systems to establish strong, consistent national (federal) guidance, standards and direction to [ensure] consistent development of compatible communication systems across the nation.”

It also said that the federal government should “renew its commitment to develop, harmonize, and ensure widespread adoption of shared standards and protocols.” And it called for better network integration, including to facilitate telemedicine applications.

Rep. John D. Dingell (D., Mich.), chairman of the House Energy and Commerce Committee, which released the report today, praised its findings. “This report makes important recommendations to improve the ability of public health and safety officials to communicate during an emergency,” Rep. Dingell said. “The proposals in this report should be carefully considered as we work to improve our Nation’s emergency communications system. This work will also be invaluable to the federal agencies overseeing our emergency communications systems.” Rep. Joe Barton (R., Texas), the panel’s ranking member, commended the advisory committee’s recommendations yesterday.

Read the report by clicking here.

Former A.P.C.O. president Thera Bradshaw joins 9-1-1 Industy Alliance

Ms. Bradshaw is an internationally recognized leader in public safety communications system development, operations and policy. Her company TKC Consulting Group, LLC is an innovative leader in technology and policy development for government.

She is a past president of the Association of Public Safety Communications Officers (APCO) and the former Chief Information Officer of the City of Los Angeles, where she oversaw all IT and telecommunications activities and five public safety LMR radio systems. Prior to being appointed Chief Information Officer and General Manager of the city's Information Technology Agency, Ms. Bradshaw served as its Manager in charge of Strategic Planning and Regulatory Activities. Ms. Bradshaw has been named one of the top municipal CIO's by Government Technology Magazine.Ms. Bradshaw has received numerous honors. She was recently honored by Government Technology as the top technology innovator in America. Thera is recognized a one of the top Executive Women of leadership in Public Safety. Former Washington State Governor Gary Locke recognized Thera for her International leadership improving the quality of life in America.

“9-1-1 Goes to Columbus” Event to be Held on December 12th 

“9-1-1 Goes to Columbus” Event to be Held on December 12th
Reps. Larry Flowers and Steven Driehaus Will Introduce Legislation
to Continue Wireless E9-1-1 Funding; Son of Murdered Fort Loramie Resident to Give First-Hand Account of Importance of Securing Funding for Wireless E9-1-1

COLUMBUS, OHIO  (December 4, 2007) - On Wednesday, December 12, 2007, 9-1-1 officials representing counties throughout the state will converge on The State Capitol to participate in the “9-1-1 Goes to Columbus” event - a series of briefings with state legislators on the status of efforts to secure funding for wireless E9-1-1 in Ohio.  Reps. Larry Flowers and Steven Driehaus will introduce legislation to continue funding for wireless E9-1-1. The briefings will be followed by a press conference in the Statehouse Atrium at 11 a.m. ET.
Currently there is a “Sunset” provision in Section 4931.61 of the Revised Code.  If not removed, this provision will result in Ohio's Wireless E9-1-1 funding source expiring on December 31, 2008, compromising the safety of Ohioans by making it more difficult for emergency responders to find them.
In April, Victoria Eilerman, mother of Fort Loramie Mayor Philip Eilerman, was tragically murdered.  She made three 9-1-1 calls to the Shelby County Sheriff’s Office using her cell phone from the trunk of her abductor’s car, however, authorities were unable to determine her location. At the press conference, Mayor Eilerman will give a first-hand account of the importance of continuing wireless E9-1-1 funding.
“The technology that could have helped emergency responders locate my mother must be available to Shelby County officials and officials statewide,” said Mayor Eilerman.  “Unless this sunset provision is removed, that simply will not happen.”
“The ball is in our court at the statehouse to do what is best for Ohio’s citizens,” said Rep. Flowers. “At $3.84 per citizen, roughly the price of a Happy Meal at McDonald’s, Ohioans can get the wireless 9-1-1 service they deserve.”

About the 9-1-1 Industry Alliance
The 9-1-1 Industry Alliance ("9IA") was established in December 2005 by a group of prominent industry leaders. The vision of the organization's founders is that 9IA will play an important role as the voice of industry companies on major public policy issues, and that the expertise of industry leaders can assist public policymakers and government emergency communications professionals as complex choices are made regarding advanced 9-1-1 alternatives in the years ahead.  www.911alliance.org

Funding for the ENHANCE 9-1-1 Act Grants

Funding for ENHANCE 9-1-1 Act Grants - Obtaining funding for the ENHANCE 911 Act grant
program is a top priority to improve the nation’s E9-1-1 readiness level and ensure nationwide
coverage. The Deficit Reduction Act of 2005 (P.L. 109-171) did include a provision that would require
$43.5 million in proceeds from the spectrum auction of the 700 MHz band – set to occur before the
end of 2008 – be allocated to fund ENHANCE 911 Act grants. The sooner these funds are made
available to the 911 community the sooner they will begin to save lives. This and other funding
mechanisms should be explored. Already, the Senate Commerce Committee has reported S. 93, the
9-1-1 Modernization Act which would allow NTIA to access the $43.5 million in funds that were
authorized under P.L. 109-171. This measure was approved by the U.S. Senate as an amendment to
the 9/11 Commission Report implementation legislation, S. 4.

The authorization of the ENHANCE 9-1-1 Act is set to expire in 2008. One of the pressing agenda
items for the 110th Congress with respect to E9-1-1 is to extend the authorization of this Act. The
current Act established a joint program office as well as created a new grant program to fund
implementation of Phase I and Phase II wireless E9-1-1 technologies. With funding, this ENHANCE
911 Act serves to ensure that our nation has a comprehensive plan for achieving an up-to-date 9-1-1
system that leverages technology to save lives.

PSST Wins FCC Spectrum Deal

The FCC has selected the non-profit Public Safety Spectrum Trust Corp. (PSST) as the public trustee for 10 MHz of spectrum in the 700 MHz band, which the Commission has designated to create a nationwide, public safety radio network. The quick appointment is intended to jump-start work on creating the public-private network, which could provide improved communications for the nation's law enforcement, fire and EMS agencies, and allow interoperability among them. The trust is a coalition of several agencies, and will now begin work to contract with a private company to design, build and create the actual network. The concept for nationwide radio network was originally proposed by Nextel co-founder Morgan O'Brien, and his Cyren Call entity hopes to win the private contract from the PSST for the private portion of the project. Download (pdf) the FCC's selection order here.

Ohio may lose 9-1-1 wireless funding. Presently Ohio is already one of the worst in the U.S. for funding 9-1-1.

Ohio in jeopardy of losing wireless funding effecting all citizens in or traveling through Ohio. This could make Ohio one of the worst states to handle wireless 9-1-1 calls due to a lack of funding evn though over 50% of calls are from wireless callers.

On Monday Nov. 5, 2007, the Ohio 9-1-1 Council an Advisory Board to the Ohio Legislature, will hold an open meeting at the Public Utilities Commission of Ohio building in Columbus to discuss the funding source used to maintain Wireless enhanced 9-1-1 (E9-1-1) operations for the state.  The meeting will take place at 180 E. Broad St, Room 11E and will begin at 1 p.m. ET.  9IA will be there supporting public safety officials throughout the state in ensuring they can provide 9-1-1 service the public expects.

See our press release here on the subject.

9IA to be part of APCO Policy Panel

9IA's, Jeff Robertson has been invited to be part of the policy panel at the APCO-Atlantic Regional Conference - The Hometown Security Forum on October 30th in Mystic, CT. For more details on the event goto APCO Atlantic Chaper web site.

9IA is proud to announce Motorola and Avaya have joined

Two leading telecommunications and public safety focused companies have joined the 9-1-1 Industry Alliance. Mr. Guy Clinch, Avaya product manager for Public Safety and Mr. David Knight, Vice President & GM Public Sector Applications for Motorola. Jeff Robertson, stated "with Avaya the leading next generation IP call center solution provider and Motorola the leading provider of first responder solutions, we now have two great companies involved in helping the industry alliance in representing public safety issues."

CTIA has requested an extension for reply comments to Section III.b of the FCC's location accuracy NPRM

CTIA – The Wireless Association® (“CTIA”) hereby requests an extension of the reply comment deadline in the above-captioned proceeding to give all parties the opportunity to evaluate and respond to the Commission’s Enhanced 911 (“E911”) Order (“E911 Stage One Order”) which, when released, will address issues set for comment on September 18, 2007.1 CTIA respectfully requests that the reply comment deadline be extended until two weeks after release of the E911 Stage One Order. Click above for full filing.

FCC CLARIFIES GEOGRAPHIC AREA OVER WHICH WIRELESS CARRIERS MUST MEET ENHANCED 911 LOCATION ACCURACY REQUIREMENTS

The Federal Communications Commission (Commission) Sept. 11th adopted a Report and Order (Order) which clarifies that wireless carriers must meet the Enhanced 911 (E911), Phase II location accuracy requirements at the Public Safety Answering Point (PSAP) service-area level.  To accomplish this, the Order requires carriers to meet interim, annual benchmarks over the next five years in order to ensure that they achieve PSAP-level compliance no later than September 11, 2012.

To see more click here.

9-1-1 Alliance meeting Nov. 6th at the Ritz-Carlton Pentagon City

Please mark down this important date for our next full membership meeting in Washington D.C.

We will be confirming the agenda, but topics will include:

• a full report of the funding research from Dale Hatfield and team with his summary conclusions and a discussion on our policy positions to move forward (this portion will be a closed session open only to association members and the board)
• a report from bill sponsors on the new 9-1-1 legislation and things in the works
• possible presentations from other public safety organizations on how we may be able to work together to promote our industry jointly
• open discussion on future industry needs, trends, etc. and direction and initiatives the membership would like to see from the association.

If you know someone or an organization you think we should extend an invitation to, either to address the group or just be part of the meeting please let us know and we will try to coordinate as we get closer to Nov. 6th.

Public Safety Interoperable Communications Grant Program

The PSIC Grant Program is a one-time formula-based, matching grant program intended to enhance interoperable communications with respect to voice, data, and/or video signals. PSIC provides public safety agencies with the opportunity to achieve meaningful and measurable improvements to the state of public safety communications interoperability through the full and efficient use of all telecommunications resources.

A $1 billion grant program to assist public safety agencies in the acquisition of, deployment of, or training for the use of interoperable communications systems that utilize – or enable interoperability with communications systems that can utilize – reallocated public safety spectrum for radio communications. The Call Home Act of 2006 subsequently directed NTIA to make the grant awards by September 30, 2007.

Click here to download the grant program details.

9-1-1 Industy Alliance Publically Comments on FCC PS docket # 07-114 - Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems

9IA comments on FCC PS Docket #07-114 (click to view filing) on Rules to Ensure Compatibility with E911 Calling Systems. To view Federal Communications Commission site and all filings click here.

New 9IA Website Debuts

Progress on 9IA Research Project

Leading the research are Dale Hatfield, Phil Weiser and Brad Bernthal.

Hatfield has forty years of experience in the telecommunications field, both in the public and private sectors. His government roles have included senior policymaking positions at the Office of Telecommunications Policy in the Executive Office of the President, the Federal Communications Commission, and the National Telecommunications and Information Administration. He continues to teach and consult regularly.

Weiser is a Professor at the University of Colorado, where he has a joint appointment with the School of Law and the Interdisciplinary Telecommunications Program. Professor Weiser entered academia after clerking for U.S. Supreme Court Justices Byron White and Ruth Bader Ginsburg, and serving as Senior Counsel to Joel Klein, Assistant Attorney General, Antitrust Division, at the U.S. Department of Justice.

Bernthal is Research Associate at the University of Colorado, where he works in the School of Law and Interdisciplinary Telecommunications Program. He conducts telecommunications research focused on spectrum regulation, smart radio, and public safety issues.

9IA Holds August Meeting in Baltimore

Participants received a briefing from Dale Hatfield on the status of the 9-1-1 funding research work commissioned by 9IA. Also, the 9IA policy working group reported on drafting work being done in preparation for a planned filing by 9IA with the Federal Communications Commission. The FCC filing will be the Alliance's first such regulatory submission. Also discussed were a range of other timely industry issues.