E911
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In my previous post on H.R. 5252 legislation, I pasted some excerpts of the bill that pertained to e911. It would appear this bill which passed yesterday "trumps" the FCC's regulations as it pertains to providing
e911 service. Although this bill has yet to pass the Senate, it's text pertaining to
e911 is quite interesting.
[snippet]
(b) Non-Discriminatory Access to Capabilities-(1) ACCESS-
Each incumbent local exchange carrier (as such term is defined in section 251(h)) or government entity with ownership or control of the necessary E-911 infrastructure shall provide any requesting VOIP service provider with nondiscriminatory access to such infrastructure. Such carrier or entity shall provide access to the infrastructure at just and reasonable, nondiscriminatory rates, terms, and conditions. Such access shall be consistent with industry standards established by the National Emergency Number Association or other applicable industry standards organizations.
[end]
It would appear that Congress is trying to prevent discriminatory access to
e911 capabilities. They are also allowing for "reasonable charges" to be assessed and bound by industry standards, as can be read here:
Such carrier or entity shall provide access to the infrastructure at just and reasonable, nondiscriminatory rates, terms, and conditions. Such access shall be consistent with industry standards established by the National Emergency Number Association or other applicable industry standards organizations.
There is a 30 day deadline and a 180 day (6 month) deadline for providing
e911 service. Let me explain each of these deadlines and list the relevant portions by first listing the 30-day deadline:
For all new customers not within the geographic areas where a VOIP service provider can immediately provide 911 service to the geographically appropriate PSAP, a VOIP service provider, or its third party vendor, shall have no more than 30 days from the date the VOIP provider has acquired a customer to order service providing connectivity to the selective router so that 911 service, or E911 service where the PSAP is capable of receiving and processing such information, can be provided through the selective router.
Essentially, this means that individual customers signing on for an already established service which is already capable of offering
e911 grants the service provider 30 days to provide each new customer an
e911 connection. There is no listed consequence or penalty in the legislation that I can find.
Now here's the 180 day deadline
which does list a penalty (namely you cannot acquire new customers - but with a caveat):RESTRICTION ON ACQUISITION OF NEW CUSTOMERS-
A VOIP service provider may not acquire new customers within a geographic area served by a selective router if, within 180 days of first acquiring a new customer in the area served by the selective router, the VOIP service provider does not provide 911 service, or E911 service where the PSAP is capable of receiving and processing such information, to the geographically appropriate PSAP for all existing customers served by the selective router.
Essentially it states that a VoIP provider will be penalized by restricting them from acquiring new customers
within a specific geographic region if they do not provide
e911 service to that area within 180 days. Note the bolded/italic emphasis. Although, it does prevent VoIP providers from acquiring new customers after 180 days if they don't provide e911, it is specifically tied to not acquiring customers within a specific geographical region. So unlike the more strict
FCC requirements, VoIP providers can continue to acquire new customers simply by focusing on new geographic regions. They define geographic regions as the PSAP.
Don't want to pay the
e911 fees? Simply target another geographic region serviced by a different PSAP router and you get a new 180-day countdown clock before you have to provide
e911 to that specific region. Of course, this loophole really only works for small VoIP startups that want to save money on paying
e911 fees for 180 days. Certainly, I don't want to give VoIP startups any ideas on how to reduce safety to shave a few bucks, but there you have it - our wonderful government with its spaghetti of regulation still offering some loopholes for those smart enough to exploit.
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VoIP & Gadgets Blog
Written by VoIP & Gadgets Blog on June 9th, 2006 with no comments.
Read more articles on Uncategorized and VoIP and E911 and fcc and congress.
The U.S. House of Representative yesterday approved the Communications Opportunity, Promotion, and Enhancement Act of 2006 (H.R. 5252). H.R. 5252 reforms the current video franchising regulations that have stifled competition in the video services market and have enabled cable companies to become monopolies. Essentially, this bill would make it much easier and cheaper for the phone companies to offer video services across the country by superceding local municipal franchise regulations. Currently, telephone companies have had to fight an expensive town-by-town war with their cable rivals in order to offer video services.
H.R. 5252 replaces thousands of local franchicing authorities with a national system supervised by the Federal Communications Commission - essentially one-stop shopping for the telecom companies to get into the video business. The bill passed by a lopsided vote of 321 to 101. This bill will make it much easier for the telephone companies to offer "triple play" bundled packages of voice, video, and broadband data.
That's the good news.
The bad news is that several Representatives attempted to amend the legislation to prohibit "premium charges" on various Internet data services, i.e. tiered Internet access. This is the so called "Net neutrality" which is supported by major Internet companies such as Google, Yahoo, and Microsoft. However, the net neutrality amendment failed by a vote of 269 to 152.
According to the
NY Times, the White House issued a statement on Thursday supporting the House legislation, saying it would "promote competition in both video and voice markets." However, House Democrats raised some objections to the legislation, including stating that the new national franchise rules would reduce the amount of money that cable companies give towns for public, educational and government programs.
Also, the legislation threatens to delay any effort by the Federal Communications Commission to require Internet telephone providers to make the investments needed to connect customers to 911 services. Essentially, Section 301 would clarify
FCC regulations relating to VOIP access to 911 and E911 infrastructure. The language in section 301 would impose a new mandate on all private entities that own 911 components necessary to transmit VOIP emergency 911 services over their networks. Section 301 would require such entities to allow VOIP providers to have full access to the necessary 911 components. Owners of 911 components would be able to charge VOIP providers a fee for using their network components, but would be mandated to enter into such agreements with those providers. Large private entities that own 911 components have most of the infrastructure in place to comply with the mandate. Some smaller owners of 911 components may not have such capacity and would incur costs to comply with the mandate.
The HR 5252 section pertinent to
e911 reads as follows - I bolded or made RED important text. I will post a follow-up blog post analyzing what this means. Essentially, it looks as though this legislation
TRUMPS the existing
FCC e911 requirements and it gives VoIP providers up to 180 days after first acquiring a VoIP customer in a specific geographic region.
HR 5252: Section 301(1) IN GENERAL- Each VOIP service provider has a duty to ensure that 911 and E-911 services are provided to subscribers of VOIP services.
(2) USE OF EXISTING REGULATIONS- A VOIP service provider that complies with the Commission's regulations requiring providers of VOIP service to supply 911 and E911 capabilities to their customers (Report and Order in WC Docket Nos. 04-36 and 05-196) and that are in effect on the date of enactment of this section shall be considered to be in compliance with the requirements of this section, other than subsection (c), until such regulations are modified or superseded by subsequent regulations.
(b) Non-Discriminatory Access to Capabilities-(1) ACCESS-
Each incumbent local exchange carrier (as such term is defined in section 251(h)) or government entity with ownership or control of the necessary E-911 infrastructure shall provide any requesting VOIP service provider with nondiscriminatory access to such infrastructure. Such carrier or entity shall provide access to the infrastructure at just and reasonable, nondiscriminatory rates, terms, and conditions. Such access shall be consistent with industry standards established by the National Emergency Number Association or other applicable industry standards organizations.
(2) ENFORCEMENT-
The Commission or a State commission may enforce the requirements of this subsection and the Commission's regulations thereunder. A VOIP service provider may obtain access to such infrastructure pursuant to section 717 by asserting the rights described in such section.(c) New Customers- A VOIP service provider shall make 911 service available to new customers
within a reasonable time in accordance with the following requirements:(1) CONNECTION TO SELECTIVE ROUTER- For all new customers
not within the geographic areas where a VOIP service provider can immediately provide 911 service to the geographically appropriate PSAP, a VOIP service provider, or its third party vendor,
shall have no more than 30 days from the date the VOIP provider has acquired a customer to order service providing connectivity to the selective router so that 911 service, or E911 service where the PSAP is capable of receiving and processing such information, can be provided through the selective router.
(2) INTERIM SERVICE- For all new customers
not within the geographic areas where the VOIP service provider can immediately provide 911 service to the geographically appropriate PSAP, a VOIP service provider shall provide 911 service through--
(A) an arrangement mutually agreed to by the VOIP service provider and the PSAP or PSAP governing authority; or
(B) an emergency response center with national call routing capabilities.
Such service shall be provided 24 hours a day from the date a VOIP service provider has acquired a customer until the VOIP service provider can provide 911 service to the geographically appropriate PSAP.
(3) NOTICE- Before providing service to any new customer not within the geographic areas where the VOIP service provider can immediately provide 911 service to the geographically appropriate PSAP, a VOIP service provider shall provide such customer with clear notice that 911 service will be available only as described in paragraph (2).
(4) RESTRICTION ON ACQUISITION OF NEW CUSTOMERS-
A VOIP service provider may not acquire new customers within a geographic area served by a selective router if, within 180 days of first acquiring a new customer in the area served by the selective router, the VOIP service provider does not provide 911 service, or E911 service where the PSAP is capable of receiving and processing such information, to the geographically appropriate PSAP for all existing customers served by the selective router.(5) ENFORCEMENT: NO FIRST WARNINGS- Paragraph (5) of section 503(b) shall not apply to the assessment of forfeiture penalties for violations of this subsection or the regulations thereunder.
(d) State Authority- Nothing in this Act or any Commission regulation or order shall prevent the imposition on or collection from a VOIP service provider, of any fee or charge specifically designated or presented as dedicated by a State, political subdivision thereof, or Indian tribe on an equitable, and non-discriminatory basis for the support of 911 and E-911 services if no portion of the revenue derived from such fee or charge is obligated or expended for any purpose other than support of 911 and E-911 services or enhancements of such services.
(e) Feasibility- In establishing requirements or obligations under subsections (a) and (b), the Commission shall ensure that such standards impose requirements or obligations on VOIP service providers and entities with ownership or control of necessary E-911 infrastructure that the Commission determines are technologically and operationally feasible. In determining the requirements and obligations that are technologically and operationally feasible, the Commission shall take into consideration available industry technological and operational standards.
(f) Progress Reports- To the extent that the Commission concludes that it is not technologically or operationally feasible for VOIP service providers to comply with E-911 requirements or obligations, then the Commission shall submit reports to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress in attaining and deploying E-911 service. Such reports shall be submitted semiannually until the Commission concludes that it is technologically and operationally feasible for all VOIP service providers to comply with E-911 requirements and obligations. Such reports may include any recommendations the Commission considers appropriate to encourage the migration of emergency services to TCP/IP protocol or other advanced services.
(g) Access to Information- The Commission shall have the authority to compile a list of PSAP contact information, testing procedures, and classes and types of services supported by PSAPs, or other information concerning the necessary E-911 infrastructure, for the purpose of assisting providers in complying with the requirements of this section.
(h) Emergency Routing Number Administrator- Within 30 days after the date of enactment of this section, the Federal Communications Commission shall establish an emergency routing number administrator to enable VOIP service providers to acquire non-dialable pseudo-automatic number identification numbers for 9-1-1 routing purposes on a national scale. The Commission may adopt such rules and practices as are necessary to guide such administrator in the fair and expeditious assignment of these numbers.
(i) Emergency Response Systems-
(1) NOTICE PRIOR TO INSTALLATION OR NUMBER ACTIVATION OF VOIP SERVICE- Prior to installation or number activation of VOIP service for a customer, a VOIP service provider shall provide clear and conspicuous notice to the customer that--
(A) such customer should arrange with his or her emergency response system provider, if any, to test such system after installation;
(B) such customer should notify his or her emergency response system provider after VOIP service is installed; and
(C) a battery backup is required for customer premises equipment installed in connection with the VOIP service in order for the signaling of such system to function in the event of a power outage.
(2) DEFINITION- In this subsection:
(A) The term emergency response system' means an alarm or security system, or personal security or medical monitoring system, that is connected to an emergency response center by means of a telecommunications carrier or VOIP service provider.
(B) The term emergency response center' means an entity that monitors transmissions from an emergency response system.
(j) Migration to IP-Enabled Emergency Network-
(1) NATIONAL REPORT- No more than 18 months after the date of the enactment of this section, the National 911 Implementation and Coordination Office shall develop a report to Congress on migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications.
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VoIP & Gadgets Blog
Written by VoIP & Gadgets Blog on June 9th, 2006 with no comments.
Read more articles on E911 and Triple Play and triple play and video and cable and net neutrality and hr 5252.
Jeff Pulver notes that on Monday the FCC put out for public comment the Post-Disaster Communications Petition that he and Tom Evslin and I filed back in March. The FCC is soliciting comments on this petition. Comments are due by April 27, which is a week from this coming Thursday.Here's a screencap of what I [...]
Written by Russell Shaw on April 13th, 2006 with no comments.
Read more articles on General and Regulatory and E911.
At the CTIA VoIP Mobility Conference late yesterday, I listened to Level 3 Communications vice president of E-911 Product Development William Clay recite some impediments to optimal 9-1-1 service- both VoIP and over standard phone lines.Among the issues E-911 infrastructure issues Clay mentioned that need solving include:No support for mobile end points;Early implementations require subscriber [...]
Written by Russell Shaw on April 5th, 2006 with no comments.
Read more articles on General and E911 and CTIA.
During the Mobile VoIP sessions at CTIA, National Highway Traffic Safety Administration contractor project coordinator Jenny Hansen described her take on the U.S. Department of Transportation's Next Generation 9-1-1 Initiative.Currently under study and due for final enactment in 2008, the Initiative will seek to solve several pressing issues. Hansen provided an overview of some of [...]
Written by Russell Shaw on April 5th, 2006 with no comments.
Read more articles on General and E911 and CTIA.
On Slashdot, kamikaze-Tech writes, "It is being reported on the Vonage Forums that last month when Loren Veltkamp's Chanhassen, Minnesota home caught on fire, he immediately called 9-1-1 using Vonage. Unfortunately, Vonage put him on hold, causing a delay in the response from emergency workers. By the time fire crews arrived, the fire [...]
Written by Russell Shaw on March 23rd, 2006 with no comments.
Read more articles on Vonage and General and E911.
I've spent a good bit of this past weekend poring over a rather scathing but constructive report from the National Emergency Number Association, the folks who bring you E911. The report is entitled Next Generation 9-1-1:Responding to an Urgent Need for Change. The 18-page report points to challenges, asks questions, and then makes some recommendations.It seems [...]
Written by Russell Shaw on March 12th, 2006 with no comments.
Read more articles on News and General and Regulatory and E911.
If you think that VoIP E911 is "here," and that most of the problems have been solved, you really need to read my colleague Anne Broache's piece entitled Net phone providers describe E911 obstacles.On the scene this week at a suburban D.C. conference sponsored by the National Emergency Number Association, Anne points out some of [...]
Written by Russell Shaw on March 8th, 2006 with no comments.
Read more articles on General and Regulatory and E911 and Security.
The recent imperative by VoIP service providers to make their E911 service compatible with the U.S.' nearly 8,000 Public Safety Answering Points has generated a new focus on what these PSAPs are and what they do.One might think that PSAP territories totally overlap jurisdictional city and county boundaries. No, they don't.So what PSAP are you [...]
Written by Russell Shaw on February 23rd, 2006 with no comments.
Read more articles on General and E911.
On that Google Earth grab, my cursor is pointing to Nanaimo, B.C. Google Earth's direction finder is pointing to Birmingham, Alabama. The two cities are really, really far from each other, you know, eh? You cannot fly directly between the two cities without two plane changes- one in Seattle (off a turboprop connection, the other [...]
Written by Russell Shaw on February 17th, 2006 with no comments.
Read more articles on Vonage and General and E911 and International.
According to some Vonage users on the independently owned Vonage Forum, they have been receiving emails from Vonage in recent days stating that Vonage plans to add additional "9911 Fees and "Emergency Cost Recovery Fees."These reports say the Emergency Cost Recovery fee will be 99 cents a month for each line of service, while [...]
Written by Russell Shaw on February 16th, 2006 with no comments.
Read more articles on Vonage and General and Regulatory and E911.
One of the more ominous TalkBacks I've received to my Vonage IPO filing describes E911 chamber of horrors post was from a reader named Kenathena.This reader identified her(?) self as a PSAP (Public Safety Answering Point) manager. PSAPs are often the front line of E911 calls from VoIP and mobile phones. How quickly they [...]
Written by Russell Shaw on February 14th, 2006 with no comments.
Read more articles on Vonage and General and E911.
I've spent a good bit of the last couple of days reading every word of the Vonage IPO filing.Keeping in mind that it is the legal and fiduciary duty of companies that file Initial Public Offering paperwork with the Securities and Exchange Commission to articulate all risks to potential shareholders, there's a section on Vonage's [...]
Written by Russell Shaw on February 9th, 2006 with no comments.
Read more articles on Vonage and General and Regulatory and E911.
This morning, I noticed a Vonage Forum thread entitled "311 Service In The City of Los Angeles.The thread's author, spdickey, writes that on a regular land line or cell phone placing a call to within city limits gets the "One Call to City Hall" service. From Vonage, I get a "311 is not available from [...]
Written by Russell Shaw on January 18th, 2006 with no comments.
Read more articles on Vonage and General and Regulatory and E911 and Research.
November 30th, 2005
The November 28th deadline for VoIP service providers has passed and left most service providers unable to sell their products across a broad market range. We are all hopeful that this is merely a bump in the road; a temporary slow down to the feroucius growth that has occured over the past few years.
With two of the nation’s leading providers (Vonage and AT&T) having less then stellar compliance rates, I am worried that this road bump could turn into a road block. While ever the optimist, I am concerned about the blacklash from prospective consumers given the less then spectacular press 911 connectivity brings to VoIP. With this additional news of a overall lack of E911 compliance, this could substantially slow down the industry.
The E911 problems that service providers are experiencing will ultimately filter down to other portions of the industry, most of whom have substantially less cash flow to fall back on. Hardware Vendors, VAR’s, and Distributors come to mind. Hopefully, our industry leading service providers, will get out thie road bump quickly, and hop back onto the express lane.
Garrett Smith
Written by Garrett Smith on January 5th, 2006 with no comments.
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Well, it seems that everybody has been posting their top ten predictions for 2006. In the converging worlds I cover here, I foresee the fast-approaching New Year as one for new forms of competition, unprecedented cross-sector alliances, under-the-table sleight of hand, political machinations, lawsuits, and more acquisitions. So then, dust off the crystal ball. Here are [...]
Written by Russell Shaw on December 27th, 2005 with comments disabled.
Read more articles on Vonage and General and Regulatory and Software and Providers and E911 and trends and SBC.