Subject: [NEXTEL-1] Inside E-911 Part II- Congressional Testimony

From: [email-masked]
Date: Thu, 11 Sep 2003 18:13:45 -0400

Inside E-911 Part II- Congressional Testimony 

Mr. Anthony Haynes
Executive Director
Tennessee Emergency Communications Board Department of
Commerce & Insurance
500 James Robertson Parkway
Nashville, TN, 37243

Good morning, Mr. Chairman and Members of the Committee. My name is
Anthony Haynes, and I serve as the Executive Director of the Tennessee
Emergency Communications Board (The Board). The Board serves as the
state's authority for all wireless E-911 implementation, advancement and
financial support. The Board also has financial oversight for the state's 100
local Emergency Communications Districts (ECDs), which are statutorily
defined municipalities in our state. I am appearing today on behalf of the
Board. I am also a member of National Emergency Number Association, the
ComCARE Alliance and the National Association of State 9-1-1
Administrators. (For further submission to my testimony, I've attached a joint
public safety position paper of both the National Emergency Number
Association and the Association of Public Safety Officials International,
regarding E9-1-1 legislation before Congress.)

I applaud your leadership, Mr. Chairman, as well as that of your colleagues
and staff in the crafting of H.R. 2898. When enacted, this measure will help
facilitate major advancements in the much needed areas of training,
coordination and financial assistance for the nation's Public Safety Answering
Points (PSAPs) and thus, improve the delivery of E-911 services. I also wish to
extend a sincere thanks to members of the Congressional E-911 Caucus.
Their voice in the Congress on E-911 issues is helping ensure that all
Americans have access to this essential life-saving service. I also wish to
thank Congressman Bart Gordon for his request to include the views of the
Board for consideration today. The Board appreciates his continued
leadership and interest in the progress of E-911 deployment in our state.

On behalf of the Board, I strongly support the overall intent of H.R. 2898. Many
of its components will put this nation on course to establish and improve the
quality of E-911 service. If enacted with minor modification, our communities
and homeland will be more secure, our streets safer, property losses lowered
and most importantly, lives will be saved.

Since its inception, the 911 system has been the first responder in times of
individual and mass emergencies. Every day, Americans call 911 at the time
of their greatest need. In Tennessee alone, we average over 11 million 911
calls per year. For the caller, the successful completion of a 911 call can mean
the difference between danger and security, injury and recovery or life and
death.

Until recently, calls for help from wireless phones could not deliver similar
location information to that of landline systems. The Federal Communications
Commission (FCC) so well understood the value of E-911; it required
wireless carriers to develop a similar capability in two phases to provide
emergency responders with a 911 caller's precise location. Under the original
FCC mandate, wireless carriers were to be well on their way of the second
phase of the deployment of location capabilities.

I am pleased to report that in the State of Tennessee, we have made
substantial and meaningful progress in Phase 2 wireless location capability.
In my statement today, I will respectfully make recommendations to improve
the legislation before the Committee and emphasize these four points related
to the deployment of Phase 2 E-911:

First, it can be done. Whether it's PSAP readiness or carrier deployment, it
takes commitment. Second, many approaches and resources that enabled
the successes that we enjoy in Tennessee are found in the E-911
Implementation Act of 2003. Third, in spite of the appearance of adequate
revenues and near completion of Phase 2 implementation in Tennessee, our
state faces increasing challenges, especially in helping maintain the financial
stability of rural 911 districts. Fourth, the regulations are working. Blanket
waivers to relax an already relaxed deployment schedule are unnecessary.
The FCC can and should address the challenges of deployment in specific
communities on a case-by-case basis, taking into account the level of effort by
carriers and communities.

With regard to the E-911 Implementation Act of 2003, we strongly endorse its
passage with the following refinements:

· States and State Emergency Communications Boards should be eligible to
receive and distribute federal funds and coordinate their disbursement to local
PSAPs; · Auditing and accountability requirements should be reasonable and
coordinated on a statewide level; and · Provisions in Sections 4 and 5 of the
bill, which potentially create an escape hatch to compliance, should be
eliminated or substantially modified.

Tennessee's E-911 Experience In the State of Tennessee, 100 local
Emergency Communications Districts (ECDs) deliver 911 services. These
municipal districts were created by state law in the mid-1980s and are
governed by a locally appointed board. Historically, ECDs' primary source of
operational revenue was fees assessed on local wired phone lines. Until
recent years, this revenue mechanism was largely sufficient to meet the local
ECD financial needs. The delivery of 911 service varies by ECD. In most
cases, the local ECD supports its own dispatch operations. A significant
number of ECDs deliver all 911 calls to local law enforcement or public safety
agencies for separate dispatch and response. Nonetheless, the success of
the 911 daily operations in our state is due primarily to the hard work and
dedication of local 911 and public safety officials.

Meeting the Wireless Challenge In 1998, the state legislature established the
Tennessee Emergency Communications Board to serve as the state's
authority for the implementation and advancement of wireless and wireline
E-911 service. The Board was also charged with financial oversight of the
state's ECDs, and administering cost recovery for wireless E-911 from the
state's E-911 Fund. This fund, created as a separate entity from the state's
'General Fund', was to be used only for providing cost recovery to PSAPs and
wireless carriers for Phase 1 and 2 costs, as well as grants to PSAPs for
enhancing E-911 readiness and operations.

To date, the Board has provided more than $10 million to telecommunications
carriers and PSAPs primarily for Phase 1 E-911 cost recovery, and
approximately $50 million which is pending primarily in Phase 2 requests. The
Board provides 100 percent cost recovery to PSAPs and carriers for costs
incurred associated with providing E-911 service. A one-dollar monthly fee
assessed to all cell phone users supports the board and all its activities,
including consumers of 'pre-paid' wireless phones.

The Board recognizes the challenges facing PSAPs and carriers, especially in
rural areas, in providing Phase 2 service. In adopting Phase 2 cost recovery
policies, the Board gave first priority to PSAPS and telecommunications
cooperatives providing wireless service. The Board has provided multiple
extensions to 'Requests for Phase 1 and 2 Service' when requested by
carriers, provided the carrier has acted in good faith. The Board works hard to
maintain an open dialogue with wireless and Local Exchange Carriers
(LECs), deployment and technology vendors, and PSAPs. Finally, in addition to
annual grants to help establish and maintain a GIS mapping system in each
ECD, the Board established an annual Rural Dispatcher Assistance Grant
intended to benefit the state's most rural ECDs. This grant would support the
full time equivalent (FTE) costs of hiring one full-time or two part-time
dispatchers annually.

As a result of its commitment, fiscal discipline, coordination with local PSAPs
and cost recovery toward Phase 1 and 2 implementation, Tennessee has
established itself as one of the nation's leaders in E-911 deployment. To date,
90 of the state's 100 ECDs are Phase 2 ready, with most receiving live Phase
2 data from at least one wireless carrier. We will not be satisfied until all ECDs

and all carriers meet Phase 2 requirements; however we are very proud of our
progress to date. This success would not be possible without the regulatory
backstop and support of the FCC.

911's Role in Homeland Security The Board also understands the critical role
911 serves in homeland security. To respond to our nation's preparedness
against terrorism, the Board established a homeland security advisory council
charged with identifying the shortcomings and weaknesses of the current 911
infrastructure. The group is comprised of 911 leaders and engineers, current
and former BellSouth employees who helped design the state's current 911
network 25 years ago, wireless carriers, GIS mapping experts, and the director
of security for the Tennessee Valley Authority (TVA). Tennessee's rural areas
host a significant presence of the nation's critical infrastructure in terms of
electric power reliability. We believe it is imperative that an open dialogue and
joint preparedness planning occur between 911 and the TVA.

Training The accomplishments of the Board and local ECDs have increased
the confidence of the state legislature in our organization resulting in the
addition of responsibilities. Beginning this year, the Board will serve as the
state's authority for setting all emergency dispatcher certification and training
standards. It was the intent of the sponsors that the Board create a national
model for dispatcher standards and training, in much the same way it has for
E-911 deployment.

Our experience in Tennessee, offers a model of public and private as well as
state, local and federal cooperation. It is an experience that suggests that
enhanced federal involvement will further advance our efforts in Tennessee
and similar efforts throughout the nation. H.R. 2898 - A Measure Well Overdue
Government provides many services, some of which are critically important.
Arguably, none is more important than helping people when they need help
the most - when they call 9-1-1. H.R. 2898 recognizes key issue areas needed
to ensure reliable, efficient and comprehensive 911 service for all Americans.

National Office of Coordination Section 158 of the bill creating an 'Office of
Coordination' would be very helpful in providing a one-stop-shop for technical
assistance, troubleshooting, and fostering needed dialogue on all issues
arising from E-911 implementation. This would be a great asset to state local
911 organizations alike. Phase 2 technology is dynamic. Almost every day
something new is learned about its performance, applications, and
shortcomings. Having such a clearinghouse in the federal government will
help ensure objectivity and that no one company or technology can use such a
clearinghouse as an opportunity to unfairly position itself in the marketplace.
As we have seen with location technology solutions, data base management
and other services required of 911 operations, the high demand for product
combined with an oligopoly setting can sometimes suppress the rise of better
products, applications and protocols. It also results in higher solution prices to

carriers, PSAPs and ultimately the wireless consumer. I also commend the
provision of reporting annually to Congress the activities of such an office.

Phase 2 Grants If there were one core component of this legislation that would
produce quick, substantive results, it would be the creation of E-911 grants. In
the end, one would have to have the necessary financial resources to bring
E-911 technology into the PSAP. The technology and equipment needed for
such is expensive. It is difficult for some rural areas with limited tax base,
bonding opportunities or other revenue sources to acquire such equipment
without outside help. Given this, I recommend that the maximum contribution
of the federal match be increased to at least 80%. This would not only help
rural PSAPs and governments, but also be more consistent with matching
requirements of many federal homeland security grants. Federal agencies
such as the FCC, USDA-Rural Utilities Service, Department of Transportation
and the Interior's Bureau of Indian Affairs should also be consulted in federal
coordination and grant determination.

Current landline 911 technologies have been around for 25 or more years.
Most PSAP managers and dispatchers are quite proficient at trouble shooting
the older technology when necessary. E-911 technology is new, extremely
complex and dynamic. Training for dispatchers is always an item of needed
support, especially with new Phase 2 technology. The PSAP dispatcher is
most often the first to know if E-911 technology is not performing properly. The
dispatcher is where the 'Trouble Ticket' begins if equipment or technology is
failing, or is not within the accuracy standard. Therefore, the need for training
supported through grants is required now more than ever.

Financial Crisis Facing State and Rural 911 Operations A great misconception
exists that if a state has a cost recovery mechanism and is coordinating E-911
implementation that all is well. Nothing could be further from the truth.
Although state 911 boards and cost recovery mechanisms enable the
potential for greater success, each state and locality faces its own unique
financial challenges in implementing and maintaining E-911 service.

Rural areas are already financially challenged due to smaller populations, and
fewer businesses and industries - all of which are added an already small tax
base. Adding to these challenges is the fact that many rural areas receive less
favorable bond ratings and loan rates. This has recently complicated 911
financial support historically provided by towns and counties. The national
trend of decreasing landlines, another key and traditional sources of local 911
funding, has made matters even worse. In Tennessee, state law requires that
25 cents of each dollar collected by the state for E-911 be redistributed among
the state's 100 ECDs based on population. The greater the population of an
ECD, the greater the amount of disbursement of funds it receives. As a result,
the more rural a 911 operation is, the poorer it is likely to be. Although the
state
Board has increased local 911 fees in some rural areas to the maximum rate
permitted by state law, and provided 100 percent cost recovery for E-911 PSAP
costs, an increasing number of rural 911 operations face a potential financial
crisis in the near future. Based on a review of ECD annual audits, our staff
estimates that over $130 million is spent annually to provide 911 operations in
Tennessee. This does not include an additional estimated $20-30 million
annually in non-cash resources provided by local police, fire and government
organizations.

State 911 Boards like Tennessee's could use federal resources to target
support to where it is needed most and produce a coordinated and integrated
emergency communications investment strategy. Therefore, I would strongly
urge the Congress to consider the needs of, as well as the outcomes that can
be attained in providing equal consideration to state 911 boards and
coordinators in grant selection.

I would recommend that in states where wireless or 911 boards exist, these
organizations be used as state-based vehicles for grant disbursement. This
can result in better targeting, matching and leveraging of federal monies with
state and local resources if the state board is committed to such.

Certifications The effort to ensure that 911 funds collected from consumers
are used for their intended purposes is important and laudable. We are
concerned that sincere attempts by this legislation to discourage diversion of
dedicated 911 funds may ultimately worsen the financial fate, not help PSAPs.
In states where diversions have been a threat or a problem, including
Tennessee, governors and legislators have been forced to eliminate state
jobs, contracts, divert state highway monies and other dedicated funds in
order to keep states solvent. The 'raiding' of such political sacred cows
indicates that federal 911 matching requirements would be of little deterrence.
Further, I believe the certification language that disqualifies a state's 911
organizations from all grant funding punishes those with little or no control
over the system. I appreciate the need for the bill's authors to 'close the back
door' that may arise with some states accepting grants, while diverting
dedicated 911 monies. Federal highway and pollution control and abatement
monies may offer a stronger disincentive for diverting dedicated 911 funds.

Assessment and Audit I commend the authors in crafting the provision for the
FCC to monitor taxes, fees and other charges imposed by states on wireless
carriers. However, there needs to be a realization of the real world
implementation challenges of the requirements on the FCC and state and
local governments. A more practicable solution would be to work closely with
state 911 Boards to coordinate the audit and certification process so that the
cost of reporting does not diminish the value of the federal funds.

Another important element of 911 collections merits review. As wireless
service rates continue to decrease, it is important to monitor the E-911 fees
imposed and collected by individual carriers to recover their E-911 costs. An
increasing number of wireless carriers are not only collecting their own E-911
recovery fees, but collecting and remitting the individual state's as well.
Although I am not opposed to such practices if justified to cover the carrier's
costs, they should not be permitted to 'double-dip' from consumers and PSAP
cost recovery for the same costs and these cost recovery mechanisms should
not be "profit centers" for carriers. At the same time, just and reasonable
administrative costs related to carrier and government collection and
remittance of 911 fees to state and local agencies should clearly be a
permitted use of 911 funds. The FCC should work closely with states and
local PSAPs to ensure that state and carrier practices are properly
coordinated.

Regulatory Requirements Although I commend the bill's sponsors and
co-sponsors intent on ensuring fairness and cost recovery for rural wireless
carriers, I strongly recommend the elimination of Sections 4 and 5 of the bill.

The provision in Section 4 directs the FCC to ignore the fact that a PSAP may
be able to receive and use live Phase 2 data. Rather, it is to use the presence
of a cost recovery mechanism as a measure of PSAP readiness. If a state
diverts 911 funds, the state is deemed not to have a sufficient cost recovery
mechanism in place. The PSAP most likely will have no control over the
decision to divert dedicated 911 monies in a state. Thus, such a requirement
only impairs and aggravates the advancement of E-911 deployment. The
Congress should ensure that Section 4 does not create an escape hatch for
carrier compliance with E-911 rules when states divert funds.

Fairness for Rural Consumers and Carriers With regards to Section 5, we are
concerned that it could be used to create a blanket E-911 deployment waiver
for classes of carriers, regardless of their level of effort. Consumers living in
rural areas deserve the same level E-911 service as those in urban and
suburban areas. Some argue that the FCC E-911 accuracy standards should
be relaxed in rural areas. The need for accurate location data in rural
emergencies is equally, if not more important in rural areas than in more
populated locations.

Current actions and Orders of the FCC to encourage E-911 deployment are
working. Much of the extent of Phase 2 deployment in the past 12-15 months
has been due to the threat of enforcement. In spite of this threat, multiple
avenues continue to exist at the FCC for carriers to present unique
circumstances impeding their deployment efforts. Those incurring such
difficulties should be separated from those carriers that simply refuse to even
try. From my perspective, the FCC has been firm, but fair in enforcing its E-911
requirements. It's important to remember that all carriers, regardless of size,

have known for years the E-911 accuracy standard and of its ultimate
enforcement.

It is important to note, however, that despite the best efforts of carriers, PSAPs

and states, there are some areas in where the standard cannot be attained.
The unique characteristics of the terrain, distance from towers or technology
limitations will prevent attainment of the FCC's accuracy standards. In some
cases, the cost of attaining the accuracy standard may be prohibitive. But to
simply ignore the FCC's requirements without attempting deployment while
banking on Washington lawyers to obtain regulatory relief is not acting in good
faith, nor is it in the spirit of using the public's spectrum.

In late 2001, our Board entered into an agreement with Advantage Cellular, a
small coop, for the purpose of conducting a Phase 2 trial. Advantage Cellular
provides wireless service in some of the most challenging terrain east of the
Mississippi River. Advantage is considered a Tier 3 carrier by the FCC. The
significance of the Advantage trial was meeting, and in some cases exceeding
the FCC standard in very difficult terrain and a limited number of towers with
which to work. In the end, the trial was successful. Their success did not
happen without months of technological challenges and frustrations. The
bottom line is that it took the commitment of all involved, especially the
carrier,
to overcome the challenges and make Phase 2 service a reality for their area.

In cases where carriers have acted in good faith and the standard is not
attainable, the FCC has the ability to verify, extend and ultimately forebear its
requirements imposed on a carrier. I recommend that the FCC and carriers
explore and exhaust all avenues to address this situation before Congress
sends a signal, which could be interpreted as encouraging a blanket waiver.

The cost incurred by small and rural carriers serving rural areas is a valid
consideration. We are pleased that four out of five rural (Tier 3) carriers in
Tennessee are underway, or have completed their Phase 2 deployment. Two
of these four are currently receiving Phase 2 cost recovery. In states and
localities where cost recovery is absent, there are financial opportunities
available to the carrier in meeting deployment costs. The USDA Rural Utilities
Service, Rural Telephone Bank, CoBank and the National Rural
Telecommunication Finance Corporation are examples of a few rural lenders
whose mission is to bring essential services to rural America. Carriers can
also recover part, if not all, of their costs by directly placing a line item on
the
consumer's monthly bill and prepaid cellular service.

Congress and the FCC Congress can provide appropriations through the
USDA Rural Utilities Service and other rural development programs to assist
rural carriers and PSAPs. Such authorizations already exist in the Farm Bill,
Rural Electrification Act and other legislation. The FCC can help as well. As
more and more wireless carriers apply for 'Eligible Telecommunications
Carrier' (ETC) status in order to receive 'Universal Service' support, the FCC
could condition that support on deploying E-911.

Conclusion H.R. 2898 takes one of the greatest steps toward helping ensure
that E-911 service is enjoyed by, and available to all Americans - rural and
urban. Most of the approaches taken in the bill have a proven track record of
facilitating positive outcomes in E-911 deployment, maintenance and
advancement in both urban and rural areas. The grant opportunities created in
the bill are desperately needed by state and local 911 authorities alike.
However, the resulting action from the proposed certification requirements
could hurt PSAPs that need help the most. State wireless or 911 boards,
where they exist, should serve as the administering or authorizing agency for
911 grants in order to promote targeting based on need, matching
opportunities and leveraging with other sources. State 911 boards should
also be eligible to receive grants for regional E-911 initiatives, dispatcher
training, securing technical support and other needs unforeseen at the current
time. The FCC should be permitted to continue working with rural carriers
without intervention from the Congress. Congress should also support other
opportunities to assist rural carriers and PSAPs through rural
telecommunications financing and grants.

The authors and co-sponsors of H.R. 2898 can be proud of this measure.
With minor modifications, it will make great contributions toward public safety
and security, as well as saving countless lives. On behalf of the millions of
911 professionals and all involved in supporting their work, I thank you for your
support and the opportunity to be here today.

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