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FCC Issues Final Rule on Framework for Next Generation 911 Deployment Provision
[September 16, 2014]

FCC Issues Final Rule on Framework for Next Generation 911 Deployment Provision


(Targeted News Service Via Acquire Media NewsEdge) Targeted News Service WASHINGTON, Sept. 16 -- The Federal Communications Commission published the following rule in the Federal Register: Facilitating the Deployment of Text to 911 and Other Next Generation 911 Applications; Framework for Next Generation 911 Deployment A Rule by the Federal Communications Commission on 09/16/2014 Publication Date: Tuesday, September 16, 2014 Agency: Federal Communications Commission Dates: This final rule is effective October 16, 2014 except for the amendments to Sec. 20.18(n)(10)(i) and (ii), (n)(10)(iii)(C), and (n)(11), which have new information collection requirements and will not be effective until approved by the Office of Management and Budget (OMB). The Commission will publish a document in the Federal Register announcing OMB approval and the relevant effective date.



Effective Date: 10/16/2014 Entry Type: Rule Action: Final rule.

Document Citation: 79 FR 55367 Page: 55367 -55381 (15 pages) CFR: 47 CFR 20 Agency/Docket Numbers: PS Dockets No. 11-153, 10-255 FCC 14-118 Document Number: 2014-21851 Shorter URL: https://federalregister.gov/a/2014-21851 Action Final Rule.


Summary In this Second Report and Order, the Federal Communications Commission (Commission) requires that Commercial Mobile Radio Service (CMRS) providers and other providers of interconnected text messaging applications (collectively, "covered text providers") be capable of supporting text-to-911 service by December 31, 2014. Covered text providers will have until June 30, 2015, or six months from the date of a Public Safety Answering Point (PSAP) request, whichever is later, to implement text-to-911 for that PSAP. These rules will provide the public with an additional means through which individuals can reach emergency services.

DATES: This final rule is effective October 16, 2014 except for the amendments to section 20.18(n)(10)(i) and (ii), (n)(10)(iii)(C), and (n)(11), which have new information collection requirements and will not be effective until approved by the Office of Management and Budget (OMB). The Commission will publish a document in the Federal Register announcing OMB approval and the relevant effective date.

FOR FURTHER INFORMATION CONTACT: Dana Zelman of the Policy and Licensing Division of the Public Safety and Homeland Security Bureau, (202) 418-0546 or [email protected]. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, contact Benish Shah, (202) 418-7866, or send an email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second Report and Order in PS Docket Nos. 10-255 and 11-153, released on August 13, 2014. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY-A257, 445 12th Street SW., Washington, DC 20554, or online at http://www.fcc.gov/document/fcc-adopts-text-911-rules. The Third Further Notice of Proposed Rulemaking that was adopted concurrently with the Second Report and Order will be published elsewhere in this issue of the Federal Register.

Summary of the Second Report and Order Introduction 1. In this Second Report and Order, we affirm the Commission's commitment to ensuring access to emergency services for all Americans. The Commission's rules must evolve as legacy networks and services transition to next generation technologies, and as consumer expectations and needs evolve. Current trends in mobile wireless usage show the continued evolution from a predominantly voice-driven medium of communication to one based more on text and data transmissions. The need to provide text-to-911 service in a timely manner is made more pressing because many consumers believe text-to-911 is already an available service, because of the unique value of text-to-911 for the millions of Americans with hearing or speech disabilities, and because of the crucial role it can play in protecting life and property when making a voice call would be dangerous, impractical, or impossible due to transmission problems.

2. In the Second Report and Order, we require that Commercial Mobile Radio Service (CMRS) providers and other providers of interconnected text messaging applications (collectively, "covered text providers") be capable of supporting text-to-911 service by December 31, 2014. [1] Covered text providers will have until June 30, 2015, or six months from the date of a Public Safety Answering Point (PSAP) request, whichever is later, to implement text-to-911 for that PSAP.

Background 3. In September 2011, the Commission released a Notice of Proposed Rulemaking (NPRM), 26 FCC Rcd 13615, which sought comment on a number of issues related to the deployment of Next Generation 911 (NG911), including how to implement text-to-911. In the NPRM, the Commission stated that sending text messages, photos, and video clips has become an everyday activity for mobile device users on 21st century broadband networks, and that adding non-voice capabilities to our 911 system will substantially improve emergency response, save lives, and reduce property damage, as well as expand access to emergency help, both for people with disabilities and for people in situations where placing a voice call to 911 could be difficult or dangerous.

4. In December 2012, AT&T, Sprint Nextel, T-Mobile, and Verizon Wireless entered into a voluntary agreement with the National Emergency Number Association (NENA) and APCO International (APCO) in which each of the four carriers agreed to be capable of providing text-to-911 service to requesting PSAPs by May 15, 2014 (Carrier-NENA-APCO Agreement). As part of the Carrier-NENA-APCO Agreement, the four major carriers committed to implementing text-to-911 service to a PSAP making a "valid" request of the carrier "within a reasonable amount of time," not to exceed six months. Carriers promised to meet these commitments "independent of their ability to recover these associated costs from state or local governments." The commitments specifically did not extend to customers roaming on a network.

5. Also in December 2012, the Commission released a Further Notice of Proposed Rulemaking (Further Notice), 27 FCC Rcd 15659, which proposed, inter alia, to require all CMRS providers, as well as interconnected text messaging providers, to support text messaging to 911 in all areas throughout the nation where PSAPs are capable of and prepared to receive the texts. The Commission defined interconnected text messaging applications as those using IP-based protocols to deliver text messages to a service provider and the service provider then delivers the text messages to destinations identified by a telephone number, using either IP-based or Short Message Service (SMS) protocols. The Further Notice stated that "the record indicates that text-to-911 is technically feasible and can be achieved in the near term at reasonable cost to PSAPs, CMRS providers, and providers of interconnected text." The Further Notice noted the extent to which consumers had begun to gravitate toward IP-based messaging applications as their primary means of communicating by text, that consumers may reasonably come to expect these applications to also support text-to-911, and that consumer familiarity is critical in emergency situations where each second matters. To that end, the Further Notice sought to ensure consumers' access to text-to-911 capabilities on the full array of texting applications available today--regardless of provider or platform.

6. Recognizing that text-to-911 would not be rolled out uniformly across the country or across text messaging platforms, the Commission took steps to provide consumers with clarity regarding the availability of text-to-911. In May 2013, the Commission issued a Report and Order, 28 FCC Rcd 7556, requiring covered text providers to provide consumers attempting to send a text to 911 with an automatic bounce-back message when the service is unavailable. The Commission found a "clear benefit and present need" for persons who attempt to send text messages to 911 to know immediately if their text cannot be delivered to the proper authorities. The Commission noted specifically that, "[a]s these applications proliferate, consumers are likely to assume that they should be as capable of reaching 911 as any other telephone number." 7. In January 2014, we adopted a Policy Statement, 29 FCC Rcd 1547, stating that the Commission believes that every provider of a text messaging service that enables a consumer to send text messages using numbers from the North American Numbering Plan (NANP) should support text-to-911 capabilities. The Commission clarified that it intends to take a technologically neutral approach to any rules adopted for text-to-911 service, and it encouraged voluntary agreements to support text-to-911.

8. In 2014, we released a Second Further Notice of Proposed Rulemaking (Second Further Notice), 29 FCC Rcd 1547, seeking comment on technical issues for the implementation of text-to-911 service with respect to interconnected text providers, the provision of location information with texts to 911, and roaming support for text-to-911 service.

Second Report and Order 9. As we observed in the Second Further Notice, the progress already made by the four signatories to the Carrier-NENA-APCO Agreement by January 2014 "illustrates the technical feasibility" of text-to-911 implementation for other CMRS providers, including small and rural providers, particularly in light of adoption of the ATIS standard for text-to-911 over the SMS platform. Subsequent progress reports by these four providers have served further to confirm that view, and over a year ago the Competitive Carriers Association (CCA) supported the proposed deadline of December 31, 2014, as an achievable goal. There is substantial evidence in the record supporting those views, as to both CMRS providers and interconnected text providers. Nor is there any serious question as to the overwhelming public interest benefits to be derived from prompt implementation of text-to-911 or the relatively minimal cost of such a requirement to covered providers and PSAPs.

[*Federal RegisterVJ 2014-09-16] For more information about Targeted News Service products and services, please contact: Myron Struck, editor, Targeted News Service LLC, Springfield, Va., 703/304-1897; [email protected]; http://targetednews.com.

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