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Enhanced 911 Services Now Mandatory
for VoIP Providers
Published by DWT's
Telecommunications Group
[June 2005]
In Order and Notice of Proposed Rulemaking (NPRM)
FCC 05-116, the Commission requires "interconnected VoIP
providers" (voice over Internet protocol, or VoIP) to provide
enhanced 911 (E911) emergency calling capabilities to their
customers as a mandatory feature of the service.
The Order defines an interconnected VoIP provider as bearing
the following characteristics: (1) the service enables real-time,
two-way voice communications; (2) the service requires a broadband
connection from the user's location; (3) the service requires
IP-compatible customer premises equipment (CPE); and (4) the
service offering permits users generally to receive calls that
originate on the public switched telephone network (PSTN) and
to terminate calls to the PSTN.
The Order does not place obligations on other IP-based service
providers, such as those that provide instant messaging or Internet
gaming services, because customers of those services cannot
receive calls from and place calls to the PSTN, even though
the services may contain a voice component. The Commission makes
no findings regarding whether a VoIP service that is interconnected
with the PSTN should be classified as a telecommunications service
or an information service under the Communications Act. The
Commission declines to exempt providers of interconnected VoIP
services from liability under state law related to their E911
services.
Enhanced 911 Service
An interconnected VoIP provider must transmit all 911 calls,
as well as a call back number and the caller's "Registered
Location" for each call, to the Public Safety Answering
Point (PSAP), designated statewide default answering point,
or appropriate local emergency authority that serves the caller's
Registered Location and that has been designated for telecommunications
carriers under section 64.3001 of the rules. Those calls must
be routed through the use of Automatic Numbering Information
(ANI) and, if necessary, pseudo-ANI, via the dedicated Wireline
E911 Network, and the Registered Location must be available
from or through the Automatic Location Identification (ALI)
Database. However, an interconnected VoIP provider need only
provide such call back and location information as a PSAP, designated
statewide default answering point, or appropriate local emergency
authority is capable of receiving and utilizing.
Interconnected VoIP providers may satisfy the requirement by
interconnecting indirectly through a third party such as a competitive
local exchange carrier (LEC), interconnecting directly with
the Wireline E911 Network, or through any other solution that
allows a provider to offer E911 service. Noting that it requires
LECs to provide access to 911 databases and interconnection
to 911 facilities to all telecommunications carriers under the
Telecom Act, the Commission expects that this would include
all the elements necessary for telecommunications carriers to
provide 911/E911 solutions that are consistent with the requirements
of the Order, including NENA's I2 or wireless E911-like solutions.
The Commission also notes that incumbent LECs are increasingly
offering E911 solutions that allow VoIP providers to interconnect
directly to the Wireline E911 Network through tariff, contract,
or a combination thereof.
The Commission recognizes that compliance is dependent on the
ability of the interconnected VoIP providers to have access
to trunks and selective routers via competitive LECs that have
negotiated access with the incumbent LECs, through direct connections
to the incumbent LECs, or through third-party providers. The
Commission expects and "strongly encourage[s] all parties
involved to work together to develop and deploy VoIP E911 solutions,"
pointing out that "incumbent LECs, as common carriers,
are subject to Sections 201 and 202." The Commission states
it will "closely monitor" those efforts within the
industry and "will not hesitate to take further action
should that be necessary."
Service Level Obligation
The obligation to determine what type of information, such
as ALI or ANI, each PSAP is capable of receiving and utilizing
rests with the provider of interconnected VoIP services. The
Commission declines at this time to adopt performance standards
regarding how much time may elapse after an end user updates
the Registered Location before the provider has taken such actions
as are necessary to provide that end user with the level of
E911 service specified in the Order. The Commission requests
comment on whether such performance standards are necessary
and, if so, what form they should take.
Interconnected VoIP providers must obtain, and facilitate updating
of, customer location information. Interconnected VoIP providers
may not require subscribers to "opt-in" or allow subscribers
to "opt-out" of 911 services, and VoIP providers must
notify their customers of the limitations of their 911 service
offerings.
Registered Location Requirement
Interconnected VoIP providers must obtain from each customer,
prior to the initiation of service, the physical location at
which the service will first be utilized. Providers of interconnected
VoIP services that can be utilized from more than one physical
location must provide their end users one or more methods of
updating information regarding the user's physical location.
The Order declines to specify any particular method, but requires
that any method utilized allow an end user to update his or
her Registered Location "at will and in a timely manner,"
including at least one option that requires use only of the
CPE necessary to access the interconnected VoIP service. The
Commission cautioned interconnected VoIP providers against charging
customers to update their Registered Location. The most recent
location provided to an interconnected VoIP provider by a customer
is the "Registered Location." Interconnected VoIP
providers can comply with this requirement directly or by utilizing
the services of a third party.
Customer Requirements
Noting that explanations of the limitations of 911-like service
in the Frequently Asked Questions sections on web sites or in
terms of service may not be sufficient, the Order requires all
providers of interconnected VoIP service to "specifically
advise every subscriber, both new and existing, prominently
and in plain language, the circumstances under which E911 service
may not be available through the interconnected VoIP service
or may be in some way limited by comparison to traditional E911
service." VoIP providers must obtain and keep a record
of affirmative acknowledgement by every subscriber, both new
and existing, of having received and understood that advisory.
In addition, interconnected VoIP service providers must distribute
to all subscribers, both new and existing, warning stickers
or other appropriate labels warning subscribers if E911 service
may be limited or not available and instructing the subscriber
to place them on and/or near the CPE used in conjunction with
the interconnected VoIP service.
Compliance Letter
All interconnected VoIP providers must submit a letter to the
Commission detailing their compliance with the rules within
120 days after the effective date of the Order. The letter and
all other filings related to the Order should be filed with
the Commission's Secretary in WC Docket No. 05-196 on a going-forward
basis.
Effective Date
Interconnected VoIP providers must comply with the new rules,
and submit to the Commission a letter detailing their compliance,
no later than 120 days after the effective date of the Order
(which will be the date of publication in the Federal Register).
It is likely the Commission will expedite the process and publish
in the Federal Register in no more than 30 days, which would
make the effective date around early November 2005.
Notice of Proposed Rulemaking
The Notice of Proposed Rulemaking (NPRM) requests comment on
additional steps the Commission should take to ensure that providers
of VoIP services that interconnect with the PSTN provide ubiquitous
and reliable E911 service. Among the issues to be considered
is an advanced E911 solution that includes a method for determining
the customer's location without the customer having to report
that information to the VoIP provider. The NPRM asks what the
Commission can do to further the development of the existing
technology and whether the Commission should expand the scope
and requirements of the Order.
The NPRM asks how the Commission can facilitate the development
of techniques for automatically identifying the geographic location
of users of portable interconnected VoIP services; those services
may be offered independent of geography, and currently there
is no way for portable VoIP providers reliably and automatically
to provide location information to PSAPs for those services
without the customer's active cooperation. A number of possible
methods have been proposed to automatically identify the location
of a VoIP user, including gathering location information through
the use of: an access jack inventory; a wireless access point
inventory; access point mapping and triangulation; HDTV signal
triangulation; and various GPS-based solutions. The NPRM asks
if the Commission should require all terminal adapters or other
equipment used in the provision of interconnected VoIP service
sold as of June 1, 2006 to be capable of providing location
information automatically, whether embedded in other equipment
or sold to customers as a separate device.
The NPRM also seeks comment on whether the Commission should
extend the E911 obligations, or similar obligations, to providers
of other VoIP services that are not covered by the new rules:
for example, VoIP services that are not fully interconnected
to the PSTN.
The NPRM seeks comment on the need to adopt additional regulations
to ensure that interconnected VOIP service customers obtain
the required level of E-911 services, posing a series of technical
inquiries to solicit that information.
The NPRM also seeks comment on: (a) whether additional reporting
requirements, should be imposed; (b) what role states can and
should play to help implement E-911 rules; (c) whether to adopt
any customer privacy protections related to the provision of
E-911 service by interconnected VOIP service providers; and
(d) whether persons with disabilities can use interconnected
VOIP service and other VOIP services to directly call via PSAP
telecommunications devices for the deaf.
Comments are due 45 days after Federal Register publication,
and replies 75 days after Federal Register publication.
For further information, please contact:
Gregory
J. Kopta, Seattle, (206) 628-7692, GregKopta@dwt.com
Randall
B. Lowe, Washington D.C., (202) 508-6621, RandyLowe@dwt.com
James
M. Smith, Washington D.C., (202) 508-6688, JamesMSmith@dwt.com
Suzanne
K. Toller, San Francisco, (415) 276-6536, SuzanneToller@dwt.com
Mark
Trinchero, Portland, (503) 778-5318, MarkTrinchero@dwt.com
Daniel
M. Waggoner, Seattle, (206) 628-7707, DanWaggoner@dwt.com
This Telecom Advisory is a publication of the Telecommunications
Department of Davis Wright Tremaine LLP. Our purpose in publishing
this Advisory is to inform our clients and friends of recent
developments in the telecom industry. It is not intended, nor
should it be used, as a substitute for specific legal advice
as legal counsel may only be given in response to inquiries
regarding particular situations.
Copyright © 2005,
Davis Wright Tremaine LLP.
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