# 78 FR 1799: Next Generation 911; Text-to-911; Next Generation 911 Applications

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2013-00159

## Section

- **Citation:** 78 FR 1799
- **Heading:** Next Generation 911; Text-to-911; Next Generation 911 Applications
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 78 / 78 FR 1799

## Text

FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 20 [PS Docket No. 11-153; PS Docket No. 10-255; FCC 12-149] Next Generation 911; Text-to-911; Next Generation 911 Applications AGENCY:
Federal Communications Commission.

ACTION:
Proposed rule.

SUMMARY:
The Federal Communications Commission proposes to amend its rules by requiring all wireless carriers and providers of “interconnected” text messaging applications to support the ability of consumers to send text messages to 911 in all areas throughout the nation where 911 Public Safety Answering Points (PSAPs) are also prepared to receive the texts. In addition, to inform consumers and prevent confusion, the Commission proposes to require all wireless carriers and interconnected text messaging providers to send automated “bounce back” error messages to consumers attempting to text 911 when the service is not available.

DATES:
Comment Date for Section III.A: January 29, 2013.
Reply Comment Date for Section III.A: February 8, 2013.
Comment Date for Other Sections: March 11, 2013.
Reply Comment Date for Other Sections: April 9, 2013.

ADDRESSES:
Submit comments to Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Aaron Garza, Attorney Advisor, (202) 418-1175. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, contact Judith Boley-Herman, (202) 418-0214, or send an email to PRA@fcc.gov .

SUPPLEMENTARY INFORMATION:
This is a summary of the Commission's Further Notice of Proposed Rulemaking in PS Docket No. 11-153, PS Docket No. 10-255, FCC 12-149, released on December 13, 2012. 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/text-911-further-notice-proposed-rulemaking .
I. Introduction
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Proposed Rulemaking in PS Docket No. 11-153, PS Docket No. 10-255, FCC 12-149, released on December 13, 2012. 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/text-911-further-notice-proposed-rulemaking .
I. Introduction
1. Wireless consumers are increasingly using text messaging as a means of everyday communication on a variety of platforms. The legacy 911 system, however, does not support text messaging as a means of reaching emergency responders, leading to potential consumer confusion and even to possible danger. As consumer use of carrier-based and third party-provided texting applications expands and evolves, the 911 system must also evolve to enable wireless consumers to reach 911 in those emergency situations where a voice call is not feasible or appropriate.
2. In this Further Notice of Proposed Rulemaking, we propose rules that will enable Americans to send text messages to 911 (text-to-911) and that will educate and inform consumers regarding the future availability and appropriate use of text-to-911. Specifically, we propose to require all wireless carriers and providers of “interconnected” text messaging applications to support the ability of consumers to send text messages to 911 in all areas throughout the nation where 911 Public Safety Answering Points (PSAPs) are also prepared to receive the texts. In addition, to inform consumers and prevent confusion, we propose to require all wireless carriers and interconnected text messaging providers to send automated “bounce back” error messages to consumers attempting to text 911 when the service is not available.
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ges to 911 in all areas throughout the nation where 911 Public Safety Answering Points (PSAPs) are also prepared to receive the texts. In addition, to inform consumers and prevent confusion, we propose to require all wireless carriers and interconnected text messaging providers to send automated “bounce back” error messages to consumers attempting to text 911 when the service is not available.
3. Our proposals build on the recently filed voluntary commitment by the four largest wireless carriers—in an agreement with the National Emergency Number Association (NENA), and the Association of Public Safety Communications Officials (APCO) (Carrier-NENA-APCO Agreement)—to make text-to-911 available to their customers by May 15, 2014, and to provide automatic bounce back messages across their networks by June 30, 2013. The baseline requirements we propose in this Further Notice are modeled on the Carrier-NENA-APCO Agreement, and we seek comment on whether all carriers, including regional, small and rural carriers, and all “interconnected text” providers can achieve these milestones in the same or similar timeframes. To allow for the possibility of implementing our bounce back proposal by June 30, 2013, we are seeking comment on this portion of the Further Notice on an accelerated basis. Moreover, in light of the importance of these issues, we intend to resolve promptly the questions we raise in the remaining portion of the Further Notice in 2013.
4. Our proposal to add text capability to the 911 system will vastly enhance the system's accessibility for over 40 million Americans with hearing or speech disabilities. It will also provide a vital and lifesaving alternative to the public in situations where 911 voice service is unavailable or placing a voice call could endanger the caller. Indeed, as recent history has shown, text messaging is often the most reliable means of communications during disasters where voice calls cannot be completed due to capacity constraints
ans with hearing or speech disabilities. It will also provide a vital and lifesaving alternative to the public in situations where 911 voice service is unavailable or placing a voice call could endanger the caller. Indeed, as recent history has shown, text messaging is often the most reliable means of communications during disasters where voice calls cannot be completed due to capacity constraints. Finally, implementing text-to-911 represents a crucial next step in the ongoing transition of the legacy 911 system to a Next Generation 911 (NG911) system that will support not only text but will also enable consumers to send photos, videos, and data to PSAPs, enhancing the information available to first responders for assessing and responding to emergencies.
5. Our proposed approach to text-to-911 is also based on the presumption that consumers in emergency situations should be able to communicate using the text applications they are most familiar with from everyday use. Currently, the most commonly used texting technology is Short Message Service (SMS), which is available, familiar, and widely used by virtually all wireless consumers. In the Carrier-NENA-APCO Agreement, the four major carriers have indicated that they intend to use SMS-based text for their initial text-to-911 deployments, and we expect other initial deployments to be similarly SMS-based.
6. At the same time, we do not propose to limit our focus to SMS-based text. As a result of the rapid proliferation of smartphones and other
7. While our proposal is designed to accelerate the nationwide availability of text-to-911, we recognize that deployment will not be uniform, e.g., during the transition period, text-to-911 may be available in certain geographic areas while it is not available in others, or may be supported by certain carriers but not by others
ext. As a result of the rapid proliferation of smartphones and other
7. While our proposal is designed to accelerate the nationwide availability of text-to-911, we recognize that deployment will not be uniform, e.g., during the transition period, text-to-911 may be available in certain geographic areas while it is not available in others, or may be supported by certain carriers but not by others. This creates the risk of consumer confusion about the availability of text-to-911 as the transition proceeds—indeed, there is evidence that many consumers erroneously believe that they can already reach 911 by text, and that some have attempted to do so. Rapid implementation of the bounce back notification mechanism that we propose in this Further Notice is therefore critical to informing consumers and lessening potential confusion about text-to-911 availability. In addition, we intend to begin work immediately with PSAPs, carriers, service providers, disability organizations, consumer groups, and others to educate and inform consumers regarding the transition, local availability, and appropriate use of text-to-911.
8. Finally, we emphasize that even as adding text capability makes the 911 system more accessible and effective in enhancing public safety, text-to-911 is and will remain a complement to, rather than a substitute for, voice 911 service. The voice 911 system that has been maintained and improved over decades remains the preferred means of seeking help in an emergency in most instances. Moreover, voice 911 service will continue to be central and essential to the 911 system even as we add text, photo, data, and video capabilities in the course of migrating to NG911. Therefore, even as we take this first major step in the transition to NG911, we continue to encourage all consumers seeking emergency help to access 911 by voice whenever possible.
II. General Background
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stances. Moreover, voice 911 service will continue to be central and essential to the 911 system even as we add text, photo, data, and video capabilities in the course of migrating to NG911. Therefore, even as we take this first major step in the transition to NG911, we continue to encourage all consumers seeking emergency help to access 911 by voice whenever possible.
II. General Background
9. In September 2011, the Commission released a Notice of Proposed Rulemaking (Notice) (76 FR 63257, October 12, 2011), which sought comment on a number of issues related to the deployment of NG911, including potential near-term methods for delivering text-to-911; whether and how to prioritize 911 in major emergencies; how to facilitate the long-term deployment of text-to-911; the Commission's role in deploying text-to-911 and other NG911 applications; consumer education and disclosure mechanisms; and the relationship between this proceeding and the implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA).
A. Text-to-911 Deployments and Trials
10. While some commenters initially expressed concerns about implementing near-term text-to-911, both wireless carriers and public safety entities have more recently taken significant steps towards the near-term deployment of text-to-911, including SMS-based solutions. In May 2012, Verizon Wireless announced plans to deploy text-to-911 capability throughout its nationwide network in 2013. On December 10, 2012, Verizon Wireless commenced its rollout of text-to-911 service in York County, Virginia. In June 2012, AT&T also announced the goal of launching text-to-911 nationwide in 2013
s towards the near-term deployment of text-to-911, including SMS-based solutions. In May 2012, Verizon Wireless announced plans to deploy text-to-911 capability throughout its nationwide network in 2013. On December 10, 2012, Verizon Wireless commenced its rollout of text-to-911 service in York County, Virginia. In June 2012, AT&T also announced the goal of launching text-to-911 nationwide in 2013. In addition, the Alliance for Telecommunications Industry Solutions (ATIS), an organization consisting of a large number of wireless and wireline carriers as well as equipment vendors, has formed a committee to “create an ATIS standard(s) for SMS-to-9-1-1 that incorporates requirements, architecture, message flows, and product details.” ATIS has targeted completion of these standards in the first quarter of 2013. Most recently, as noted above and described in further detail below, the four major wireless carriers, Sprint Nextel, AT&T, T-Mobile, and Verizon, have entered into a voluntary agreement with NENA and APCO whereby the major carriers will provide text-to-911 service by May 15, 2014, to PSAPs who request the service.
11. Some of these same wireless carriers have already initiated text-to-911 trials in partnership with several PSAPs to assess the technical feasibility of text-to-911 and its impact on PSAP operations. Four trials are currently under way—three of which have yielded positive results. First, as just announced, AT&T is “in the process of launching a standards-based trial service for text-to-911 in the state of Tennessee * * *.” Additionally, in June 2009, Black Hawk County, Iowa partnered with Intrado (a provider of 911 technology solutions) and i wireless (a T-Mobile affiliate that offers regional wireless communications service), to provide text-to-911 service within the county
irst, as just announced, AT&T is “in the process of launching a standards-based trial service for text-to-911 in the state of Tennessee * * *.” Additionally, in June 2009, Black Hawk County, Iowa partnered with Intrado (a provider of 911 technology solutions) and i wireless (a T-Mobile affiliate that offers regional wireless communications service), to provide text-to-911 service within the county. According to Black Hawk County, there have been no delayed or dropped text messages in the trial, nor has there been a “significant increase in incident volume.” Indeed, callers have benefitted from the technology in several situations. This includes women who have been at risk of domestic abuse who have been able to text for help undetected by their assailant; children reporting instances of domestic abuse; and anonymous reports of imminent sales of controlled substances. Black Hawk County has expanded the trial and now receives text messages from individuals throughout the state, which it then relays to the appropriate PSAP. According to Black Hawk County, the trial demonstrates that text-to-911 service “is reliable and * * * saves lives.”
12. In August 2011, the City of Durham, North Carolina (Durham) initiated an SMS-to-911 trial in partnership with Verizon Wireless and Intrado. According to Durham, the technology has worked reliably. Durham's trial suggests that callers will continue to rely on voice calls to 911 and that concerns about text messages overwhelming PSAPs may be unfounded. Durham views the technology as a “valuable asset” and the North Carolina Director of the Division of Services for the Deaf and the Hard of Hearing stated that “the significance of the program cannot be overstated.” More recently, the trial was extended “to accommodate Durham's additional outreach to individuals with disabilities.”
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cerns about text messages overwhelming PSAPs may be unfounded. Durham views the technology as a “valuable asset” and the North Carolina Director of the Division of Services for the Deaf and the Hard of Hearing stated that “the significance of the program cannot be overstated.” More recently, the trial was extended “to accommodate Durham's additional outreach to individuals with disabilities.”
13. In April 2012, the State of Vermont (Vermont) initiated a text-to-911 trial allowing any Verizon Wireless subscriber to send emergency text messages to the Williston, Vermont PSAP, provided that the text message is transmitted via a cell tower located within the physical boundaries of Vermont. The Executive Director of the Vermont E911 Board stated that implementing the trial “wasn't * * * difficult at all” and that so far, the trial has proceeded “very smoothly.” Vermont believes that fears over the volume of emergency text messages are
14. Vermont further reports that as of August 2012, it had received only two legitimate emergency text messages, but in both cases emergency services were able to intervene successfully. In one case, a life was saved when emergency personnel were able to thwart an attempted suicide. In the other case, a domestic abuse victim was able to contact police, who then arrived on the scene and made an arrest. While Vermont recognizes that some parties would prefer to wait for a more advanced text-to-911 solution, Vermont maintains that the “individual whose life we saved and the domestic assault victim would likely disagree that it is too soon to have this technology available.” Vermont also indicates it has experienced some text “spoofing,” but notes that “there is nothing about this new technology that is any more likely to result in `spoof' contacts than what we already deal with on the voice side of the system.” Additionally, Vermont did not experience any problems with text slang.
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ctim would likely disagree that it is too soon to have this technology available.” Vermont also indicates it has experienced some text “spoofing,” but notes that “there is nothing about this new technology that is any more likely to result in `spoof' contacts than what we already deal with on the voice side of the system.” Additionally, Vermont did not experience any problems with text slang.
15. On October 30, 2012, Vermont submitted an ex parte filing indicating that it is maintaining the text-to-911 system past the end of its trial and is “currently working on enabling a second Public Safety Answering Point (PSAP) for redundancy purposes.” Vermont states that it “can report no negative operational impacts on our system as the result of the Verizon trial,” but that it needs the Commission's assistance in “encouraging all of the carriers to do the right thing and enable text-to-9-1-1 now.” Vermont concludes by stating that “[w]e understand that there are some concerns both in the PSAP and industry communities about the timing of SMS text-to-9-1-1, but so long as the most common method of texting on today's devices remains SMS, we feel it is important to move ahead and not wait for the promises that other texting solutions might provide.” On December 3, 2012, Vermont announced that it would further expand its text-to-911 trial to include Sprint Nextel customers, in collaboration with the Vermont Enhanced 911 Board, Sprint Wireless, and Intrado.
B. Carriers' Voluntary Commitments
16. On December 6, 2012, APCO, NENA, Sprint Nextel, AT&T, T-Mobile, and Verizon, entered into a voluntary agreement whereby each of the four major carriers will provide text-to-911 service by May 15, 2014, to PSAPs who request such a service
to include Sprint Nextel customers, in collaboration with the Vermont Enhanced 911 Board, Sprint Wireless, and Intrado.
B. Carriers' Voluntary Commitments
16. On December 6, 2012, APCO, NENA, Sprint Nextel, AT&T, T-Mobile, and Verizon, entered into a voluntary agreement whereby each of the four major carriers will provide text-to-911 service by May 15, 2014, to PSAPs who request such a service. Under the terms of the Carrier-NENA-APCO Agreement, once a signatory carrier begins to offer text-to-911 service, “valid PSAP requests for Text-to-911 service will be implemented within a reasonable amount of time of receiving such a request, not to exceed six months.” A request will be considered “valid” if the “requesting PSAP represents that it is technically ready to receive 911 text messages in the format requested,” and “the appropriate local or State 911 service governing authority has specifically authorized the PSAP to accept and, by extension, the signatory service provider to provide, text-to-911 service (and such authorization is not subject to dispute).” Additionally, no later than July 1, 2013, the four major providers will “voluntarily provide quarterly progress reports to the FCC, NENA, and APCO summarizing the status of the deployment of a national Text-to-911 service capability.”
17. Under the terms of the Carrier-NENA-APCO Agreement, the major carriers have also agreed to implement a bounce-back message capability by June 30, 2013. The bounce back message will “alert subscribers attempting to text an emergency message to instead dial 911 when text-to-911 is unavailable in that area.”
18. The signatories also agreed on additional measures to implement text-to-911 voluntarily
Under the terms of the Carrier-NENA-APCO Agreement, the major carriers have also agreed to implement a bounce-back message capability by June 30, 2013. The bounce back message will “alert subscribers attempting to text an emergency message to instead dial 911 when text-to-911 is unavailable in that area.”
18. The signatories also agreed on additional measures to implement text-to-911 voluntarily. Specifically, the signatories agree that “PSAPs will select the format for how messages are to be delivered,” and that “incremental costs for delivery of text messages * * * will be the responsibility of the PSAP, as determined by individual analysis.” Additionally, the signatory service providers agree to implement a 911 short code and agreed to implement text-to-911 “independent of their ability to recover * * * associated costs from state or local governments.” The signatory providers also agree to “work with APCO, NENA, and the FCC to establish an outreach effort to set and manage consumer expectations regarding the availability/limitations of the Text-to-911 service (including when roaming) and the benefits of using voice calls to 911 whenever possible, and support APCO and NENA's effort to educate PSAPs on text-to-911 generally.”
19. Finally, the Carrier-NENA-APCO Agreement limits the proposed voluntary text-to-911 solution “to the capabilities of the existing SMS service offered by a participating wireless service provider on the home wireless network to which a wireless subscriber originates an SMS message.” Thus, the carriers state that under the terms of their voluntary commitment to deploy text-to-911 capability by May 15, 2014, “SMS-to-911 will not be available to wireless subscribers roaming outside of their home wireless network,” and “[e]ach implementation of SMS-to-911 will be unique to the capabilities of each signatory service provider or its Gateway Service Provider.”
III. Further Notice of Proposed Rulemaking
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at under the terms of their voluntary commitment to deploy text-to-911 capability by May 15, 2014, “SMS-to-911 will not be available to wireless subscribers roaming outside of their home wireless network,” and “[e]ach implementation of SMS-to-911 will be unique to the capabilities of each signatory service provider or its Gateway Service Provider.”
III. Further Notice of Proposed Rulemaking
20. In this Further Notice, we seek comment on issues related to text-to-911 in light of the evolved record, and bifurcate the comment cycles in order to deal most promptly with the consumer notification issue that has the potential to alleviate near-term consumer confusion as to the availability of text-to-911 both during the course of the voluntary roll outs that several carriers have proposed and during the pendency of the Commission's proceeding. Accordingly, comments with respect to Section III.A will be due 20 days from publication in the Federal Register , and reply comments on Section III.A will be due 10 days thereafter. Comments and reply comments should address only the issues posed in this section in order to provide the Commission with a focused record on this question. Comments and reply comment on the remaining portion of the Further Notice will be due 60 days and 90 days from publication in the Federal Register , respectively. We also seek comment on Section III.C (Legal Authority) as relevant to each section in accordance with the comment timeframe for that section.
A. Automated Error Messages for Failed Text-to-911 Attempts and Consumer Expectations and Education
1. Automated Error Message Proposal
21. Background. In the Notice, the Commission noted the likelihood that as text-to-911 is implemented, there will be instances where despite efforts to educate consumers, some individuals will attempt to send text messages to 911 in locations where text-to-911 is not supported
r Messages for Failed Text-to-911 Attempts and Consumer Expectations and Education
1. Automated Error Message Proposal
21. Background. In the Notice, the Commission noted the likelihood that as text-to-911 is implemented, there will be instances where despite efforts to educate consumers, some individuals will attempt to send text messages to 911 in locations where text-to-911 is not supported. The Commission observed that this “could put consumers at risk if they were unaware that an emergency text did not go through or were uninformed about alternative means of reaching the PSAP.” To mitigate this risk, the Commission proposed that in situations where a consumer attempts to text 911 in a location where text-to-911 is not available, the consumer should receive an automatic error message or similar disclosure that includes
22. Public safety commenters generally support such an automatic notification requirement. APCO argues that “[i]n situations where a consumer attempts to text 9-1-1 in an area that does not support this technology, a standardized auto message should be immediately returned indicating how to contact the PSAP and/or that a voice call is required. The Commission is urged to work with APCO, NENA and NASNA to develop best practices and model responses.” The State of California similarly maintains that “the Commission [should] require any service provider that provides texting capability to its customers to provide an immediate, automatic response (preferably standard nationwide message) to any text-to-911 stating that texting to 9-1-1 is not available and advising the customer to make a voice call to 9-1-1 in an emergency.”
23. In their comments in response to the Notice, commercial mobile radio service (CMRS) providers acknowledge the importance of providing notification of non-delivery to consumers, although some commenters question whether the Commission should adopt a notification requirement
stating that texting to 9-1-1 is not available and advising the customer to make a voice call to 9-1-1 in an emergency.”
23. In their comments in response to the Notice, commercial mobile radio service (CMRS) providers acknowledge the importance of providing notification of non-delivery to consumers, although some commenters question whether the Commission should adopt a notification requirement. Verizon notes that it already provides an automated message when a wireless customer attempts to send a text message to 911 in a location where text-to-911 is not available. Verizon states that its voluntary practice obviates the need for regulation, but notes that “[s]hould the Commission nevertheless find a requirement is necessary, language like Verizon's would be sufficient and appropriate.” Sprint argues that before making any decision on this issue, the Commission should first refer the matter to standards organizations “to review the technical aspects associated with delivering an error message and to develop a consistent error response message.” Finally, textPlus, a software-based text application provider, notes that it already “sends a bounce back message to users alerting the user that the 911 address is not recognized.”
24. Most recently, however, the Carrier-NENA-APCO Agreement states that “[b]efore the deployment of Text-to-911, the signatory service providers will implement a bounce-back (auto-reply) message to alert subscribers attempting to text an emergency message to instead dial 9-1-1 when Text-to-9-1-1 is unavailable * * *” The Agreement further states that these providers, the four major wireless carriers which include Verizon and Sprint, “will implement the bounce-back * * * message by June 30, 2013.”
25. Discussion. We propose that CMRS providers and other providers of text messaging services should be required to automatically notify consumers attempting to text-to-911 in areas where text-to-911 is not supported or in other instances where the text cannot be transmitted to the PSAP
ss carriers which include Verizon and Sprint, “will implement the bounce-back * * * message by June 30, 2013.”
25. Discussion. We propose that CMRS providers and other providers of text messaging services should be required to automatically notify consumers attempting to text-to-911 in areas where text-to-911 is not supported or in other instances where the text cannot be transmitted to the PSAP. In this respect, there appears to be a clear benefit to persons in emergency situations being able to know immediately if a text message has been delivered to the proper authorities. This automatic feedback may be life-saving, allowing a person in need of assistance to immediately seek out an alternative. Providing this type of error message may also be particularly critical during the transition to NG911, as the record to date suggests there are likely to be numerous instances where consumers attempt to send text messages to PSAPs in areas where text-to-911 is not yet available.
26. We disagree with the assertion that there is no need for a bounce-back requirement because certain wireless carriers already voluntarily provide automatic error messages when customers attempt to text-to-911 in areas where it is not supported. Rather, we believe that all CMRS providers and other prospective text-to-911 service providers should implement this safeguard so that consumers have the assurance that they will receive automatic notification regardless of which provider they choose. While consumer education (as discussed below) may help to mitigate this risk, the possibility remains that without such a requirement, a consumer without knowledge of where text-to-911 is supported could attempt to send a text message to 911 and mistakenly believe that the text has been successfully transmitted to the PSAP.
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eive automatic notification regardless of which provider they choose. While consumer education (as discussed below) may help to mitigate this risk, the possibility remains that without such a requirement, a consumer without knowledge of where text-to-911 is supported could attempt to send a text message to 911 and mistakenly believe that the text has been successfully transmitted to the PSAP.
27. Moreover, in view of the four carriers' commitment in the Carrier-NENA-APCO Agreement to implement a bounce-back message by the end of June 2013, a proactive approach for requiring automatic error messages appears to be feasible at a reasonable cost, especially in comparison to the public safety benefits that an automatic error message can provide consumers. The Carrier-NENA-APCO Agreement states that the four major wireless carriers “will meet [the] commitments [in the Agreement] independent of the [carriers] ability to recover these associated costs from state or local governments.” We believe that this representation indicates that the costs for implementing a bounce-back message are manageable, regardless of whether such costs are recoverable under current state or local cost recovery programs. However, we seek comment on this view, particularly in regard to the impact that the costs to meet the bounce-back requirement might have on small and rural CMRS providers compared to the public safety benefits for their subscribers.
28. We seek comment on the appropriate timeframe for CMRS providers to implement a bounce back messaging capability. Whether or not CMRS providers have developed text-to-911 capability, the record to date appears to demonstrate that it is technically feasible for them to provide an automated “bounce-back” text message in such circumstances instructing the sender to make a voice 911 call, and that many carriers already provide this message voluntarily
MRS providers to implement a bounce back messaging capability. Whether or not CMRS providers have developed text-to-911 capability, the record to date appears to demonstrate that it is technically feasible for them to provide an automated “bounce-back” text message in such circumstances instructing the sender to make a voice 911 call, and that many carriers already provide this message voluntarily. We recognize that CMRS providers other than the four major carriers may need to address certain technical and operational issues in order to meet our proposed notification requirement. Nevertheless, we believe that a solution should be implemented as quickly as possible to avoid the risk of consumer confusion. Accordingly, we seek comment on whether it is feasible for all CMRS providers to provide their customers with an automatic notification by the June 30, 2013 date specified in the Carrier-NENA-APCO Agreement. We seek comment on this timeframe, and any significant technical issues that would bear on the achievability of an automatic error message within that time frame by small, regional, or rural CMRS providers.
29. We also propose to require prospective providers of interconnected text service to develop an automated error message capability. In order to reduce potential consumer confusion and enhance the ability of consumers to communicate by text in emergencies using the applications they are most familiar with from everyday use, we believe that the “bounce-back” requirement proposed for CMRS providers above should also apply, to the extent feasible, to all providers of software applications that enable a consumer to send text messages to text-capable U.S. mobile telephone numbers and receive text messages from the same when a user of the application attempts to send an emergency text in an area where text-to-911 is not supported or the provider is otherwise unable to transmit the text to the PSAP.
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ould also apply, to the extent feasible, to all providers of software applications that enable a consumer to send text messages to text-capable U.S. mobile telephone numbers and receive text messages from the same when a user of the application attempts to send an emergency text in an area where text-to-911 is not supported or the provider is otherwise unable to transmit the text to the PSAP.
30. We clarify that we do not propose to extend text-to-911 obligations to IP-based messaging applications that support communication with a defined set of users of compatible applications but do not support general communication with text-capable
31. We seek comment on the feasibility and cost of third-party providers to implement such an automatic notification and whether they must address any unique technical issues not faced by CMRS providers in executing this requirement. We also seek comment on whether it is feasible timeframe for third-party providers to implement the automatic notification requirement by June 30, 2013, or whether we should adopt a longer timetable.
32. We clarify that with respect to both CMRS providers and interconnected text providers, our proposed requirement for automatic notification to consumers would only apply to situations where the provider (or the provider's text-to-911 vendor) has direct control over the transmission of the text message and is unable to transmit the text message to the PSAP serving the texting party's location, whether due to network congestion, the inability of the PSAP to accept such messages, or otherwise. Thus, for example, a CMRS provider would not be required to provide automatic notification where the consumer uses a text application provided by a third party that the carrier does not control. Similarly, notification would not be required where the provider is able to transmit the text to the PSAP, but a failure in the PSAP network results in the text not being delivered to a 911 operator. We seek comment on our proposal
provider would not be required to provide automatic notification where the consumer uses a text application provided by a third party that the carrier does not control. Similarly, notification would not be required where the provider is able to transmit the text to the PSAP, but a failure in the PSAP network results in the text not being delivered to a 911 operator. We seek comment on our proposal. We also clarify that we do not propose to require all text-to-911 providers to use the exact same wording for their automatic error messages to consumers. Rather, we propose that providers would be deemed to have met our requirement so long as the error message includes information on how to contact the PSAP. For example, an automated message that advises the consumer to place a voice call to 911 would meet the proposed requirement. We would, however, encourage carriers to work with public safety organizations and consumer organizations, including disability organizations, on a common error message text to simplify consumer education. We seek comment on this approach.
2. Consumer Expectations and Education
33. Background. The Notice sought comment on how to ensure that consumers are informed about the availability and non-availability of text-to-911 in specific areas. Specifically, the Notice sought comment on the expected costs and benefits of various approaches to consumer education and disclosure mechanisms, whether contractual or cost considerations would deter consumers from texting or sending photos or video to 911, and if so, whether providers or the Commission should develop practices to remedy that situation
ailability of text-to-911 in specific areas. Specifically, the Notice sought comment on the expected costs and benefits of various approaches to consumer education and disclosure mechanisms, whether contractual or cost considerations would deter consumers from texting or sending photos or video to 911, and if so, whether providers or the Commission should develop practices to remedy that situation. It also sought comment on what types of educational programs could be created to reduce and/or prevent consumer confusion as text-to-911 is deployed in the short term, what the appropriate role is for the Commission and for other government and private sector entities in any public education effort, and whether other resources could be developed to help individuals learn about where text-to-911 services are and are not available.
34. Public safety commenters generally agree that there is a significant need for a nationwide effort to educate the public and prevent consumer confusion while text-to-911 is being rolled out. For example, the North Central Texas Council of Governments (NCTCOG) conducted a recent survey which noted that approximately one-third of their population believe they can text 9-1-1 today. APCO argues that “NG9-1-1 and the capabilities for data and multimedia will require a focused and funded public education plan. Consumers must be made aware of the limitations of 9-1-1 location accuracy and they must be cognizant of the role that they need to play in `managing their emergency.' ” APCO urges the public and private sector to “unite to provide a national campaign targeted at public education of NG 9-1-1 as it becomes available,” and offers to help “craft and disseminate an agreed upon curriculum.” NASNA supports focusing educational efforts on “discrete groups that would receive substantial and meaningful benefits” from near-term deployment of text-to-911, “such as the deaf and hard of hearing.” NASNA suggests these focused educational efforts “could provide a model when texting-to-9-1-1 is deployed
t becomes available,” and offers to help “craft and disseminate an agreed upon curriculum.” NASNA supports focusing educational efforts on “discrete groups that would receive substantial and meaningful benefits” from near-term deployment of text-to-911, “such as the deaf and hard of hearing.” NASNA suggests these focused educational efforts “could provide a model when texting-to-9-1-1 is deployed on a permanent basis.” NENA “encourages the Commission” to implement a campaign to “provid[e] states, regions, and localities with template materials such as canned video, audio, and print materials” that “could provide enormous economies of scale * * * and help local 9-1-1 systems and centers to effectively educate the public about the roll-out of new system capabilities.” NENA also contends that “it is imperative that any text-to-9-1-1 solution that relies on a digit string or short code incorporate the digits `9-1-1' ” because “[d]oing so will help to minimize consumer confusion and reduce public education costs.”
35. Industry commenters also stress the importance of consumer education and the need for both public and private sector participation in education efforts. CTIA stresses that “consumer education requires that federal and state entities, as well as Public Safety agencies and consumer representatives, participate in the consumer education process, and that the responsibility not be left solely to the wireless industry.” CTIA also supports the concept presented in the Notice of developing a consumer-focused map or Web site that would provide information on the text-capability of specific PSAPs, but notes that “the cost of developing and updating such resources is an issue that should be considered in developing a map or similar consumer education campaign.”
36. Discussion. We agree with commenters that educating the public is critical to the successful roll-out of text-to-911 and preventing consumer confusion
site that would provide information on the text-capability of specific PSAPs, but notes that “the cost of developing and updating such resources is an issue that should be considered in developing a map or similar consumer education campaign.”
36. Discussion. We agree with commenters that educating the public is critical to the successful roll-out of text-to-911 and preventing consumer confusion. Adding text capability to the 911 system is not likely to occur uniformly: during the transition period, the availability of text-to-911 will vary by area, and the areas of availability will change over time as the transition progresses. The Carrier-NENA-APCO Agreement recognized this and the signatory providers agreed to “work with APCO, NENA, and the FCC to develop an outreach effort to set and manage consumer expectations regarding the availability/limitations of the Text-to-911 service (including when roaming) and the benefits of using voice calls to 911 whenever possible, and support APCO and NENA's effort to educate PSAPs on Text-to-911 generally.” Therefore, as we initiate the transition, a concerted effort will be needed to provide the public with accurate and up-to-date information regarding where text-to-911 is—and is not—available.
37. Aside from educating the public about the availability or unavailability of text-to-911, education is also imperative to inform the public about the capabilities and limitations of text-to-911 where it is available, and the circumstances under which texting 911 is or is not preferable to making a 911 voice call. The public needs to be aware that text may not provide all of the
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vailable.
37. Aside from educating the public about the availability or unavailability of text-to-911, education is also imperative to inform the public about the capabilities and limitations of text-to-911 where it is available, and the circumstances under which texting 911 is or is not preferable to making a 911 voice call. The public needs to be aware that text may not provide all of the
38. Given the clear need for consumer education, we direct the Public Safety and Homeland Security Bureau and the Consumer and Governmental Affairs Bureau to implement a comprehensive consumer education program concerning text-to-911, and to coordinate their efforts with state and local 911 authorities, other federal and state agencies, public safety organizations, industry, disability organizations, and consumer groups, consistent with those voluntary measures taken under the Carrier-NENA-APCO Agreement. To assist in the development of this program, we seek comment on what educational tools and resources exist or need to be developed to combat consumer confusion as text-to-911 is deployed. To what degree can current 911 educational programs be adapted to help consumers understand the availability, capability, and appropriate use of text-to-911? How do we ensure that education and outreach efforts on text-to-911 are fully accessible to people with disabilities? Are there lessons that we can draw from educational efforts that were conducted during the deployment of basic 911 or E911 service? Have other countries developed text-to-911 education programs?
39. We also seek comment on whether CMRS and interconnected text providers should provide educational information to their subscribers about the availability and use of text-to-911. The signatory providers in the Carrier-NENA-APCO Agreement agreed to work with APCO, NENA and the Commission to develop an outreach effort to “set and manage consumer expectations” regarding text-to-911
ion programs?
39. We also seek comment on whether CMRS and interconnected text providers should provide educational information to their subscribers about the availability and use of text-to-911. The signatory providers in the Carrier-NENA-APCO Agreement agreed to work with APCO, NENA and the Commission to develop an outreach effort to “set and manage consumer expectations” regarding text-to-911. Should carriers also provide information regarding the text-to-911 capabilities of specific wireless devices that operate on their networks?
40. Would it be feasible to provide consumers with the ability to test text-to-911 functionality in their devices? Allowing customers to send simulated or test 911 messages could have benefits by enabling customers to verify the availability of text-to-911 and familiarize themselves with its use. However, any test mechanism would need to be configured to avoid burdening PSAPs with unnecessary text messages, e.g., by having the carrier or 911 text services provider reply to test messages with an automated response. We seek comment on technical and cost issues associated with developing such a test capability.
41. Who should bear the primary responsibility for educating consumers on the limits of text-to-911? The Commission? CMRS and interconnected text providers? Public safety organizations? Should the Commission establish a joint effort in conjunction with CMRS and interconnected text providers and public safety to implement an education effort? To what extent should consumer groups, including organizations representing the interests of people with disabilities, be included in such efforts? Should the educational effort be federal, regional, state, or local-level? What safeguards and measures should be taken to ensure that education and outreach efforts on text-to-911 and its limitations are fully accessible to people with disabilities? Can the ability to send test text messages to a PSAP facilitate consumer education? Could the database described in Bandwidth.com's comments b
forts? Should the educational effort be federal, regional, state, or local-level? What safeguards and measures should be taken to ensure that education and outreach efforts on text-to-911 and its limitations are fully accessible to people with disabilities? Can the ability to send test text messages to a PSAP facilitate consumer education? Could the database described in Bandwidth.com's comments be used to automatically generate up-to-date consumer-facing maps of where text-to-911 is available?
B. Comprehensive Text-to-911 Proposals
1. Further Background
42. The Commission has previously highlighted the popularity and ubiquity of text messaging, the increasing public expectation that consumers should be able to text to 911 during an emergency, and the importance of text to 911 for people with disabilities. American consumers send billions of SMS text messages per day and more than two-thirds of mobile phone users have used text messaging. Moreover, many of these consumers are acquiring advanced mobile devices (e.g., 3G and 4G devices) that enable them to send text messages using “over-the-top” software applications that they install on their phones and other mobile devices. Additionally, text messaging will likely play an integral role in providing future 911 services for persons with communications disabilities. Hence, any discussion about the near-term deployment of text-to-911 must consider both SMS and currently available, as well as anticipated, software applications as potential platforms.
43. The record in response to the Notice indicates that NG911 will eventually be capable of supporting the full range of possible multimedia-to-911 communications, including transmission of text, photos, video, and data. However, due to the complexity and cost of deploying NG911 infrastructure on a national scale, full deployment of NG911 will not be uniform and will likely take years
platforms.
43. The record in response to the Notice indicates that NG911 will eventually be capable of supporting the full range of possible multimedia-to-911 communications, including transmission of text, photos, video, and data. However, due to the complexity and cost of deploying NG911 infrastructure on a national scale, full deployment of NG911 will not be uniform and will likely take years. At the same time, the record indicates that it is technically feasible for CMRS providers to implement text-to-911 using existing technologies prior to full deployment of NG911, as evidenced by the successful trials and demonstrations noted above, the University of Colorado and Intrado technical studies, and the fact that the four largest nationwide wireless carriers committed to deploy text-to-911 capability throughout their networks by May 15, 2014. Thus, text-to-911 could be made available to virtually all wireless customers in the near term and delivered to both “NG-capable” and “pre-NG” PSAPs at a reasonable cost to wireless carriers.
44. As discussed below, we believe that enabling consumers to send a text message to 911 in the near term will substantially improve accessibility to emergency services, particularly for people with hearing and speech disabilities. While we recognize that text-to-911 based on pre-NG technologies does not provide the full functionality of NG911-based text, and that it has certain limitations in comparison to voice-based 911, we believe that these limitations are outweighed by the substantial public safety benefits that near-term implementation of text-to-911 would yield. In addition, implementing text-to-911 in the near term will provide valuable real-world operational experience that will help consumers, PSAPs and service providers plan for full NG911 deployment
s certain limitations in comparison to voice-based 911, we believe that these limitations are outweighed by the substantial public safety benefits that near-term implementation of text-to-911 would yield. In addition, implementing text-to-911 in the near term will provide valuable real-world operational experience that will help consumers, PSAPs and service providers plan for full NG911 deployment. Moreover, the availability of text-to-911 will provide incentives for PSAPs to acquire Internet Protocol (IP) connectivity and NG911-capable customer premise equipment (CPE), which are both critical steps towards the full deployment of NG-911. We seek comment on these observations.
45. We also believe that adopting a mandatory regulatory framework and timetable for implementation of text-to-911 is necessary. We recognize that substantial progress has been achieved through the voluntary initiatives of the four major CMRS providers, 911 service providers, and PSAPs described above. However, we are concerned that continuing to rely solely on voluntary measures could result in the four major
46. Public safety commenters made a number of ex parte submissions in the record highlighting the importance of deploying text-to-911 services. NENA conducted a comprehensive study and reported that the majority of its chapters would support a requirement for wireless carriers to provide text-to-911 services to their customers. APCO argued that “deferring action on the basic [text-to-911] requirement would only lead to uncertainty and delay serious consideration of implementation issues and requirements.” NCTCOG submitted an ex parte noting that the public expects to be able text-to-911 and highlighted that “a recent market study * * * showed that approximately 1/3 of our population believe they can text 9-1-1 today.” The Maine Public Utilities Commission noted that “increasingly [persons with disabilities are] abandoning the use of TTYs for new technologies such as text messaging that allow them more flexibility to communicate wit
g that the public expects to be able text-to-911 and highlighted that “a recent market study * * * showed that approximately 1/3 of our population believe they can text 9-1-1 today.” The Maine Public Utilities Commission noted that “increasingly [persons with disabilities are] abandoning the use of TTYs for new technologies such as text messaging that allow them more flexibility to communicate with most others except 9-1-1.”
47. We believe that a mandatory regulatory framework that builds on existing voluntary initiatives will mitigate these risks by providing a common deadline for the implementation of text-to-911. Moreover, while under our proposal PSAPs will still have the option to choose whether to accept text messages, greater uniformity in availability will enhance PSAP options and make it easier to justify investments in upgrades. Uniformity will also promote coordinated and consistent deployment by establishing a set of baseline requirements for all CMRS providers and third-party interconnected text providers to meet. Finally, it will provide greater certainty to consumers regarding text-to-911 availability, functions, and usage. Given the these substantial benefits, we believe that the public interest is served by requiring CMRS providers and third-party interconnected text providers to supply text-to-911 capabilities to their customers on all text-capable devices. We seek comment on this analysis and on possible timelines and technical options for implementation of these proposed requirements.
2. Public Safety Benefits of Text-to-911
48. The record indicates that text-to-911 can offer significant public safety benefits, most notably: (1) Widespread consumer availability and ease of use, (2) enhanced accessibility to 911 for people with hearing and speech disabilities, and (3) an alternative means of emergency communication for the general public when 911 voice service is unavailable or when voice calling could endanger the caller
The record indicates that text-to-911 can offer significant public safety benefits, most notably: (1) Widespread consumer availability and ease of use, (2) enhanced accessibility to 911 for people with hearing and speech disabilities, and (3) an alternative means of emergency communication for the general public when 911 voice service is unavailable or when voice calling could endanger the caller. We note that text-to-911 service may also permit “text-takers” to open multiple texts and prioritize the most life-threatening situations first, rather than waiting to address calls based simply on the order in which they arrived.
a. Availability and Ease of Use
49. The effectiveness of the legacy voice 911 system derives in large part from its ease of use by consumers, and their familiarity and comfort with voice calling on everyday devices. It is much easier for people faced with the stress of emergency situations to communicate quickly and effectively when they are able to use the same technologies that they use for everyday communications. This principle, which has long applied to voice calling, is increasingly true for communication by text as well. More than 2 trillion text messages are sent annually and according to the Pew Center, more than 7 out of 10 cell phone users send or receive text messages. Another report suggests that 91 percent of smartphone owners actively use SMS. Thus, expanding existing text technology to support 911 will provide the public with a familiar mode of communication for emergency use.
b. Enhanced Accessibility for People With Disabilities
50. Currently, approximately 15 percent of the United States population, or 34.5 million people, have hearing disabilities and approximately 7.5 million people have difficulty using their voices. Moreover, there is a strong relationship between age and reported hearing loss
he public with a familiar mode of communication for emergency use.
b. Enhanced Accessibility for People With Disabilities
50. Currently, approximately 15 percent of the United States population, or 34.5 million people, have hearing disabilities and approximately 7.5 million people have difficulty using their voices. Moreover, there is a strong relationship between age and reported hearing loss. For example, 18 percent of American adults 45-64 years old have a hearing loss, 30 percent of adults 65-74 years old have a hearing loss, and 47 percent of adults 75 years old or older have a hearing loss. By 2030, 20 percent of the population will be over 65 years old, substantially increasing the number of Americans who may need alternatives to voice communications when accessing 911. Further, an increasing number of soldiers are returning from overseas and are experiencing traumatic brain injury, which can result in hearing or speech disabilities.
51. Title II of the Americans with Disabilities Act (ADA), enacted in 1990 requires PSAPs to provide persons with hearing or speech disabilities with direct access to 911 emergency services. Since 1991, the U.S. Department of Justice (DOJ) has implemented this provision by requiring all public safety agencies to make their telephone emergency services directly accessible to TTYs. In the Notice, however, the Commission explained that people with hearing and speech disabilities have increasingly migrated away from specialized legacy devices, such as TTYs, and towards more widely available forms of text communications because of the ease of access, availability, and practicability of modern text-capable communications devices
ne emergency services directly accessible to TTYs. In the Notice, however, the Commission explained that people with hearing and speech disabilities have increasingly migrated away from specialized legacy devices, such as TTYs, and towards more widely available forms of text communications because of the ease of access, availability, and practicability of modern text-capable communications devices. While the migration to widely available texting technologies has had the unique benefit of bringing prior TTY users into the mainstream of our nation's communications systems, this transition has also led some commenters to suggest that it leaves people with hearing and speech disabilities without an effective, reliable and direct means of accessing 911 services in the event of an emergency.
52. The EAAC noted that individuals who cannot hear or speak well enough to communicate with 911 currently have no direct means of accessing 911 when mobile other than TTYs. However, with the vast majority of people with hearing and speech disabilities having discarded their TTYs, these devices are no longer considered a viable means of directly accessing 911 for this population. Nevertheless, the EAAC found that many individuals who are deaf have service plans that include SMS. One “key finding” of the EAAC is that “individuals with disabilities should be able to call 9-1-1 using the same means they use for everyday telecommunication.”
53. At present, individuals with disabilities who have stopped using TTYs often have no other option but to rely on telecommunications relay services (TRS) to access 911 emergency services. Text-based relay services generally require an emergency call to first go to a communications assistant (CA), who places the call to the PSAP. The CA then relays the conversation back and forth between the caller and
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ent, individuals with disabilities who have stopped using TTYs often have no other option but to rely on telecommunications relay services (TRS) to access 911 emergency services. Text-based relay services generally require an emergency call to first go to a communications assistant (CA), who places the call to the PSAP. The CA then relays the conversation back and forth between the caller and
54. The record in this proceeding and the EAAC Report make clear that a significant number of people with hearing and speech disabilities will benefit from the ability to directly send a text message to 911 from any device that is text-capable. Advocates for and individuals who are deaf and hard of hearing strongly support implementation of a near-term text-to-911 solution and disfavor text relay approaches due to the risk of delay and translation errors. Moreover, enabling direct text messaging to 911 by people with hearing and speech disabilities will allow this population to use mass market communication devices that have increasingly evolving capabilities. While disability advocates have previously been skeptical of SMS-to-911 because it does not support real-time text, they have given more recent support to SMS as a viable near-term solution because of its familiarity and ease of use for people with disabilities. Respondents to the EAAC survey expressed a clear preference for calling a PSAP using the same technology that they use on a daily basis. Moreover, 87.7 percent of respondents reported having used SMS text messaging and 46.1 percent reported having used SMS text messaging “almost every day.”
55. Consumer Groups similarly urge the Commission to require the deployment of SMS-to-911 technologies in the near term as a rapid and practical means of significantly enhancing accessibility to the 911 system for people who are deaf and hard of hearing
87.7 percent of respondents reported having used SMS text messaging and 46.1 percent reported having used SMS text messaging “almost every day.”
55. Consumer Groups similarly urge the Commission to require the deployment of SMS-to-911 technologies in the near term as a rapid and practical means of significantly enhancing accessibility to the 911 system for people who are deaf and hard of hearing. Consumer Groups point out that because consumers have already embraced SMS technology, and the vast majority of wireless providers and manufacturers support SMS, this capability may be deployed rather quickly. Likewise, the Wireless Rehabilitation Engineering Research Center (RERC) “strongly supports” the incorporation of SMS for the initial deployment of an NG 911 system. Similarly, the RERC on Telecommunications Access notes that it is imperative for the Commission to ensure that mobile text communication is available in the near term to people who are deaf.
c. Alternative Means of Emergency Communication for the General Public
56. The ability to send text messages to 911 will also provide an important alternative means of emergency communication to the benefit of the general public. While the general public will not need to use text-to-911 services as frequently as people with hearing and speech disabilities, experience has shown that there are situations where being able to send a text message to 911 as opposed to placing a voice call could be vital to the caller's safety. For example, in the 2007 shooting incident at Virginia Tech, a number of students attempted unsuccessfully to send SMS text messages to 911 so as not to be heard and located by the shooter. Similarly, in the Black Hawk County, Iowa text-to-911 trial, text has been used in domestic and child abuse situations in which the victim feared that the suspect would overhear the call to 911. Additionally, the Vermont trial further demonstrated text-to-911's efficacy in cases involving suicide and domestic violence.
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SMS text messages to 911 so as not to be heard and located by the shooter. Similarly, in the Black Hawk County, Iowa text-to-911 trial, text has been used in domestic and child abuse situations in which the victim feared that the suspect would overhear the call to 911. Additionally, the Vermont trial further demonstrated text-to-911's efficacy in cases involving suicide and domestic violence.
57. Text-to-911 can also provide a lifeline when voice networks are impaired or congested. In large-scale disasters, for example, circuit-switched landline and mobile networks may become overloaded, making it difficult to place a 911 voice call. Conversely, SMS and IP-based text messages to 911 can still be transmitted because text consumes far less bandwidth than voice and may use different spectrum resources and traffic channels. As TCS notes, “[i]n situations in which a high 9-1-1 call volume results in blocked calls to the PSAP or situations in which the wireless infrastructure capacity is impacted such that placing voice calls is difficult or impossible, SMS communications to a PSAP may provide the only reasonable communications method to emergency services.” TCS further notes that according to data it had drawn from its CMRS provider customers, attempts to text-to-911 are made regularly and the number of attempts to text-to-911 during the recent Hurricane Sandy spiked sharply. TCS also highlights that unlike phone calls that are be handled on a “first-in, first-addressed” basis without any ability to know which queued up calls are priorities, a single “text-taker” could open more than one text and “attempt to address the more urgent and life-threatening emergencies with greater priority.” In addition, the University of Colorado finds that “text users and call takers compose and read messages offline and only use communication for the moment that the message needs to be sent [which] saves valuable network resources during network congestion.” Thus, people in disaster areas may still be able to send text messages to 91
e urgent and life-threatening emergencies with greater priority.” In addition, the University of Colorado finds that “text users and call takers compose and read messages offline and only use communication for the moment that the message needs to be sent [which] saves valuable network resources during network congestion.” Thus, people in disaster areas may still be able to send text messages to 911 even if they cannot place a voice call.
3. Technical Feasibility, Timing and Cost of Text to 911
58. Balanced against the above-described benefits of text-to-911, we believe that the record indicates that text-to-911 is technically feasible and can be achieved in the near term at a reasonable cost to PSAPs, CMRS providers, and providers of interconnected text. We disagree with commenters who argue that the Commission should not act until NG911 is fully deployed. As we note above, it will likely take a number of years to deploy NG911 on a national scale. The record also indicates that it is technically feasible for CMRS providers to implement a text-to-911 solution using existing technologies prior to the full deployment of NG911, and we believe the same should be true for interconnected text providers. Thus, text-to-911 could be made available to virtually all wireless customers in the near-term and delivered to both “NG-capable” and “pre-NG” PSAPs at a reasonable cost to wireless carriers. In this respect, we also believe that investments made now by PSAPs and carriers to support text-to-911 can be leveraged to support NG911 deployments, and accordingly constitute building blocks towards an IP-based emergency network. For example, while some PSAPs may choose to implement text-to-911 through existing equipment, such as TTY terminals, other PSAPs may choose to upgrade their equipment to receive text messages in a manner that will also support additional data in an NG911 environment.
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an be leveraged to support NG911 deployments, and accordingly constitute building blocks towards an IP-based emergency network. For example, while some PSAPs may choose to implement text-to-911 through existing equipment, such as TTY terminals, other PSAPs may choose to upgrade their equipment to receive text messages in a manner that will also support additional data in an NG911 environment.
59. We disagree with MetroPCS's argument that any text-to-911 obligations should “only be imposed on the largest nationwide carriers because the costs of increased regulations are more easily borne by the largest carriers.” There is no evidence that the cost of implementing a text-to-911 solution will be substantial enough to warrant limiting the obligation to the largest carriers. In fact, the first text-to-911 trial in the nation was conducted in Black Hawk County, Iowa by a small
60. Based on these findings and consistent with the Carrier-NENA-APCO Agreement, we propose that all CMRS providers and interconnected text providers should be required to implement the capability to support text-to-911 in their networks. Because SMS is the most common texting technology in use today, and virtually all wireless consumers already have access to it and are familiar with its use, we expect that most CMRS providers will initially support SMS-based text-to-911. At the same time, we recognize that CMRS providers may eventually seek to migrate customers away from SMS to other text applications, such as IP-based real-time text or Rich Communication Services (RCS). Therefore, we do not propose to require CMRS providers to support SMS-based text-to-911 so long as they provide their customers with at least one pre-installed text-to-911 option per device model that works across the provider's entire network coverage area. We propose to allow CMRS providers to select any reliable method or methods (e.g., mobile-switched, IP-based) for text routing and delivery. We seek comment on this proposal.
a. Impact on PSAPs
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upport SMS-based text-to-911 so long as they provide their customers with at least one pre-installed text-to-911 option per device model that works across the provider's entire network coverage area. We propose to allow CMRS providers to select any reliable method or methods (e.g., mobile-switched, IP-based) for text routing and delivery. We seek comment on this proposal.
a. Impact on PSAPs
61. As noted above, public safety commenters generally support the implementation of text-to-911 in the near term as a first step in the transition to NG911. NENA notes that SMS is “the prevailing consumer text mode in the United States,” and that in addition to being the most widely available platform, SMS “is also the most interoperable, working between nearly every device on every network in the United States.” NENA also notes that Verizon's text-to-911 announcement indicates that “SMS-to-911 capabilities can be technically feasible.” NATOA, NACo, and NLC state that they support the use of SMS as “an interim solution for text-based communication to 911,” since it is “particularly beneficial to people with disabilities, including people who are deaf, hard of hearing, or have speech impediments.”
62. Black Hawk County highlights that it has not encountered any text-related problems during its trial and notes that “SMS text-to-911 is reliable and available, as clearly demonstrated in our project.” BRETSA and the Colorado 9-1-1 Task Force state that “the key advantage of text messaging to 9-1-1 will be in facilitating communications with the PSAP by speech and/or hearing impaired individuals. Text messaging is generally preferred by the speech and hearing impaired community over TTY communications because it is more portable, ubiquitous, and convenient.” Vermont argues that fears over the volume of emergency text messages are “overblown” and “remain[s] convinced that those who can make a voice call will make a voice call as that is the most efficient way to communicate in an emergency.”
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essaging is generally preferred by the speech and hearing impaired community over TTY communications because it is more portable, ubiquitous, and convenient.” Vermont argues that fears over the volume of emergency text messages are “overblown” and “remain[s] convinced that those who can make a voice call will make a voice call as that is the most efficient way to communicate in an emergency.”
63. While public safety entities generally regard near-term text-to-911 as feasible, some express concern about the potential cost of implementation and the impact on PSAP resources if text-to-911 results in a heavy influx of text messages. The State of California states that “[s]hort-term implementation of text-to-911 will likely increase the time and resources required for PSAPs to process information as compared to handling voice calls.” APCO states that “[w]hile SMS may be appropriate as a near-term solution for limited circumstances, it is not a long-term solution for the general public.” NASNA opposes encouraging wide-spread deployment of short-term SMS-based solutions “[u]ntil such time as text-delivery standards are developed, adopted and compliance is assured.” Finally, BRETSA and the Colorado 911 Task Force argue that “devoting funds to an interim solution for text messaging may mean that less funds will be available in the future for a more effective solution, once NG9-1-1 has been deployed and PSAP systems updated to take advantage of NG9-1-1.”
64. Based on the record in this proceeding, the Carrier-NENA-APCO Agreement, and the success of the various technology trials noted above, we believe that the implementation of text-to-911 will not impose an undue burden on PSAP operations. First, under our proposed framework, PSAPs will retain the discretion to decide whether to accept text messages. Thus, if a PSAP chooses not to accept text messages, there would be no requirement for it to do so and therefore no cost to the PSAP
uccess of the various technology trials noted above, we believe that the implementation of text-to-911 will not impose an undue burden on PSAP operations. First, under our proposed framework, PSAPs will retain the discretion to decide whether to accept text messages. Thus, if a PSAP chooses not to accept text messages, there would be no requirement for it to do so and therefore no cost to the PSAP. We believe that PSAPs are able to best understand their local technological and financial situation, and determine whether it is technically and financially feasible or desirable to implement text-to-911 in their service area. While we share BRETSA and the Colorado 911 Task Force's funding concerns, we believe that PSAPs will be in the best position to understand their ongoing NG911 funding needs. Additionally, as much of the architecture for text-to-911 service can be leveraged for NG911, we do not expect that funding text-to-911 will divert resources from funding future NG911 services. Second, as discussed in greater below, for PSAPs that elect to accept text messages, we propose several options for the receipt of text messages, including options that will impose minimal costs on the PSAP. Third, while we recognize that the technology trials noted above are limited in scope, the trial results suggest that PSAPs are not likely to become overwhelmed with text messages.
b. Impact on CMRS Providers and Interconnected Text Providers
65. In response to the Notice, CMRS commenters initially opposed a near-term text-to-911 mandate and argued that the Commission should instead focus its efforts on long-term NG911 solutions. These commenters cited a variety of concerns with implementing text-to-911 prior to the full development of next-generation solutions, including technical limitations, limited monetary resources, reliability and security, issues with consumer education, and liability protection
ar-term text-to-911 mandate and argued that the Commission should instead focus its efforts on long-term NG911 solutions. These commenters cited a variety of concerns with implementing text-to-911 prior to the full development of next-generation solutions, including technical limitations, limited monetary resources, reliability and security, issues with consumer education, and liability protection. Notwithstanding some of these concerns, however, the four major wireless carriers voluntarily committed to deploy text-to-911 capability throughout their nationwide networks by May 15, 2014.
66. Further, the record indicates that the cost for CMRS providers to implement a text-to-911 solution will be minimal. Indeed, according to cost estimates that were submitted into the record by Intrado and Bandwidth.com, the total cost for all CMRS providers to implement this solution will be approximately $4 million annually. Based on our review of the record, the Carrier-NENA-APCO Agreement, the cost estimates provided by vendors, and the success of the text-to-911 trials and demonstrations, we believe that it is feasible for all CMRS providers to cost-effectively implement a text-to-911 solution in the near term. We seek comment on this view. We also seek comment below on the appropriate timetable for implementing our proposal in order to address the concerns raised by CMRS commenters. We also seek comment on the cost for interconnected text providers to implement a text-to-911 solution. More specifically, what are the likely initial and ongoing costs for interconnected text providers? For routing purposes, can interconnected text providers use the same service providers as CMRS providers? If so, would the cost be similar? Would a per-incident service model be feasible for
4. Cost-Benefit Case Study
67. States and localities collect approximately $2 billion in 911 fees and taxes annually for the operation and support of the legacy voice-based 911 system
ected text providers? For routing purposes, can interconnected text providers use the same service providers as CMRS providers? If so, would the cost be similar? Would a per-incident service model be feasible for
4. Cost-Benefit Case Study
67. States and localities collect approximately $2 billion in 911 fees and taxes annually for the operation and support of the legacy voice-based 911 system. Most states have reported to the Commission that “they used the fees or surcharges that they collected for 911/E911 service solely to fund the provision of 911/E911 service.” Dependent on the regulatory mechanism set forth in each statute, states distribute funding either to the carriers directly, or to a designated state or local entity which then reimburses carriers. As we have noted previously, the highest vendor estimate submitted in this record regarding the cost to carriers to implement nationwide text-to-911 capability is $4 million annually, a mere fraction of the cost of the current voice 911 system.
68. Balanced against this low cost, the implementation of text-to-911 will provide substantial benefits both for people with disabilities and the general public in a variety of scenarios. While not all of the benefits associated with these scenarios are quantifiable, we have conducted a cost-benefit analysis of the potential impact of text-to-911 in the area of cardiac emergencies—a category that represents less than 10 percent of 911 calls but for which detailed statistical information is available. Even when we limit our analysis of benefits to this subset of total emergencies, we find that the potential benefits of text-to-911 for just this one category of 911 calls outweighs the costs of implementing text-to-911 for all carriers and PSAPs. We seek comment on our case study analysis below.
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ts less than 10 percent of 911 calls but for which detailed statistical information is available. Even when we limit our analysis of benefits to this subset of total emergencies, we find that the potential benefits of text-to-911 for just this one category of 911 calls outweighs the costs of implementing text-to-911 for all carriers and PSAPs. We seek comment on our case study analysis below.
69. Our analysis is based on a 2002 study of cardiac emergencies in Pennsylvania that found adoption of E911 to be associated with improvements in the health status of patients, particularly those with cardiac conditions. That Cardiac Study shows that, when precise location information is provided contemporaneously with a 911 call, response time is notably shortened and correlated with an over 34 percent reduction in mortality rates from cardiac arrest within the first 48 hours following the incident.
70. The life-saving benefits demonstrated in the Cardiac Study provide a useful reference point for assessing the importance of timely and effective 911 communication to response time and positive outcomes for medical emergencies. We therefore have extrapolated from the Cardiac Study to determine the likely number of cases in which text-to-911 might extend similar benefits to people with hearing and speech disabilities who cannot use voice to contact 911, but who would be able to communicate location information if text were available.
71. Based on the Cardiac Study, we calculate that for the voice-based 911 system as a whole, improved response time resulting from delivery of precise location information saves approximately 4,142 lives annually nationwide. To determine the proportionate benefit for people with disabilities that would result from availability of text-to-911, we consider only the 0.7 percent of the population with the most severe hearing and speech impairments (0.5 percent for extreme hearing difficulty and 0.2 percent for extreme speech difficulty)
y of precise location information saves approximately 4,142 lives annually nationwide. To determine the proportionate benefit for people with disabilities that would result from availability of text-to-911, we consider only the 0.7 percent of the population with the most severe hearing and speech impairments (0.5 percent for extreme hearing difficulty and 0.2 percent for extreme speech difficulty). Assuming a proportional number of 911 calls in cardiac emergencies from this population, and limiting our calculation to intentional wireless calls in which the hearing- or speech-disabled person cannot rely on a speaking person to make the 911 call, we calculate that text-to-911 would save approximately 7 lives annually in cardiac emergencies. Using an accepted statistical value-of-life model developed by the U.S. Department of Transportation, we estimate the value of each life saved to be $6.2 million. This yields a total benefit of $43.4 million annually for cardiac victims alone, or more than ten times the highest estimated cost of the rules proposed herein.
72. We emphasize that the benefits calculated above for cardiac emergencies represent only a subset of the benefits that will be generated by text-to-911. The record reflects numerous other benefits that are less quantifiable but that may be similarly or even more substantial. Black Hawk County and Vermont have cited concrete examples where text-to-911 enabled callers to reach 911, but could not make a voice call for safety reasons. Similarly, the record includes additional compelling evidence that text-to-9-1-1 may provide significant benefits in disaster scenarios due to the relatively high reliability of SMS messages and the relatively low amount of network capacity required to deliver an SMS message. These benefits, though not specifically quantifiable, provide compelling evidence that the aggregate benefits of text-to-911 will significantly exceed the specific benefits quantified here—and will be generated at no additional cost.
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in disaster scenarios due to the relatively high reliability of SMS messages and the relatively low amount of network capacity required to deliver an SMS message. These benefits, though not specifically quantifiable, provide compelling evidence that the aggregate benefits of text-to-911 will significantly exceed the specific benefits quantified here—and will be generated at no additional cost.
5. Reliability of Text-to-911
73. In response to the Notice, several commenters raise concerns about the reliability of text-to-911, and particularly SMS-based text. 4G Americas notes that “it found no short-term solution that did not exhibit limitations with respect to capability, performance, and impacts to users, network operators and/or PSAPs.” CTIA states that “SMS was not designed to be used as an emergency service” and urges the Commission to focus on the deployment of “advanced 9-1-1 emergency communications services in emerging wireless technologies.” Other commenters similarly assert that certain technical aspects of SMS limit its reliability for emergency communications. Among the factors cited are that SMS (1) is one-way rather than session-based; (2) lacks delivery or performance guarantees, and may not inform the sender when a text is not timely delivered; (3) does not prioritize emergency messages; (4) does not assure that multiple messages will arrive in the sequence they were sent; (5) does not support 911 location technologies that are used for 911 voice calls; and (6) lacks protections against transmission of spurious or fraudulent 911 messages.
74. Technical Studies. In response to the Notice, two commenters conducted technical studies which present evidence that SMS-to-911 is as reliable as voice, and in some instances, may be even more reliable than voice
y were sent; (5) does not support 911 location technologies that are used for 911 voice calls; and (6) lacks protections against transmission of spurious or fraudulent 911 messages.
74. Technical Studies. In response to the Notice, two commenters conducted technical studies which present evidence that SMS-to-911 is as reliable as voice, and in some instances, may be even more reliable than voice. In the first study, researchers at the University of Colorado tracked several hundred SMS text messages and found that “the reliability of text messages and mobile phone voice calls, in terms of data loss, are very similar.” The University of Colorado study “found that all of the text messages sent were received by the cellular network, resulting in a `data loss rate' of 0% and a reliability level of 100%.” In addition, the University of Colorado study noted that “[o]ther researchers have tested the reliability of * * * SMS * * * and found that the `data loss rate' over several thousand messages was less than 1%, resulting in a reliability level of 99%. The statistical implication is that large samples might experience a small percentage of data loss, but overall the reliability for text messages is similar to that of voice calls.” 4G Americas criticizes the University of Colorado's findings and notes that the “study was executed in an academic environment with a pre-determined technology and setting. The study did not involve a large number of subscribers, and hence, no real-world traffic conditions.”
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ence a small percentage of data loss, but overall the reliability for text messages is similar to that of voice calls.” 4G Americas criticizes the University of Colorado's findings and notes that the “study was executed in an academic environment with a pre-determined technology and setting. The study did not involve a large number of subscribers, and hence, no real-world traffic conditions.”
75. The University of Colorado study also found that text messaging is actually more reliable than voice communications when a weak signal exists, “such as when the caller is in the mountains, in the midst of high rise buildings, inside a building, under a collapsed building following an earthquake or explosion, or in a trunk of a car [or] closet.” The University of Colorado notes that “[c]ommunication at the edge of coverage can be sporadic, allowing only momentary windows of communications coverage that are not long enough to support a voice call but a short burst of a text message can get through. In addition, some implementations of SMS automatically keep trying to send a text message until a transmission window opens.”
76. Intrado conducted the second technical study, in which it sent “tens of thousands of actual SMS messages [from] a simulated PSAP to a mobile device and from a mobile device to the simulated PSAP.” The study found that “by using techniques such as the 9-1-1 SMSC [short message service center], SMS can be used to create a very reliable and timely 9-1-1 communication infrastructure.” According to Intrado, “90% [of the text messages] were delivered within 3-4 seconds.”
77. Discussion. While 4G Americas, CTIA, Motorola, and several other commenters provide anecdotes about the limited reliability of SMS-to-911, the University of Colorado and Intrado conducted the only two technical studies on this issue. Notably, both of these studies found that the reliability of SMS-to-911 is comparable to voice, and in some instances, even more reliable than voice
4 seconds.”
77. Discussion. While 4G Americas, CTIA, Motorola, and several other commenters provide anecdotes about the limited reliability of SMS-to-911, the University of Colorado and Intrado conducted the only two technical studies on this issue. Notably, both of these studies found that the reliability of SMS-to-911 is comparable to voice, and in some instances, even more reliable than voice. Further, we believe that the success of the existing trials, the Carrier-NENA-APCO Agreement, and the continued rollout of text-to-911 services throughout the nation demonstrate that industry has already overcome many of the reliability deficiencies that were originally cited in the comments. While SMS was certainly not designed for emergency communications, we disagree with T-Mobile's claim that “SMS is fundamentally unsuited for emergency communications.” Indeed, a life was saved in Vermont as a direct result of Verizon's SMS-to-911 trial. Additionally, we note that, for callers who are deaf or hard-of-hearing, reaching 911 by voice may not be possible at all, so that even a mechanism that is not perfectly reliable can provide significant benefit. For callers who are not deaf, text-to-911 provides an additional way to reach PSAPs, thus increasing the overall probability of obtaining help. Finally, we believe that our proposal for wireless carriers to provide a “bounce-back” capability will further mitigate reliability concerns. Accordingly, given the significant benefits of text-to-911 service, we do not believe that reliability concerns should delay the deployment of text-to-911. We seek comment on this analysis.
6. Carrier and Third Party Non-SMS-Based Text-to-911 Applications
78. As technology and consumer habits evolve, consumer expectations also change and the need to meet those expectations in times of emergency must also evolve
the significant benefits of text-to-911 service, we do not believe that reliability concerns should delay the deployment of text-to-911. We seek comment on this analysis.
6. Carrier and Third Party Non-SMS-Based Text-to-911 Applications
78. As technology and consumer habits evolve, consumer expectations also change and the need to meet those expectations in times of emergency must also evolve. As more consumers use SMS-substitutes, whether provided by the underlying carrier or by a third party, it is important that we evaluate ways to alleviate consumer confusion and promote regulatory parity. We note, however, that despite this proliferation of SMS-substitutes, the Carrier-NENA-APCO Agreement is limited to SMS services provided by the signatory providers.
79. Accordingly, as discussed below, we are seeking comment on a variety of issues associated with non-SMS messaging applications, including “over-the-top” texting applications provided by third-parties. In this regard, our focus is on those applications that are most like SMS and therefore most likely to be the subject of a consumer expectation that they may reach 911, namely those two-way texting applications that allow text messages to be sent to any U.S. phone number, irrespective of the hardware utilized to send that message.
80. Background. In the Notice, the Commission sought comment on non-SMS text-to-911 alternatives, including IP-based messaging, real-time text, and downloadable software applications. While noting the potential advantages of SMS as an interim solution, the Commission also sought comment on how to encourage the development of non-SMS options that could provide more flexibility and functionality to consumers.
81. Commenters generally support allowing carriers and service providers to develop alternatives to SMS-based text
real-time text, and downloadable software applications. While noting the potential advantages of SMS as an interim solution, the Commission also sought comment on how to encourage the development of non-SMS options that could provide more flexibility and functionality to consumers.
81. Commenters generally support allowing carriers and service providers to develop alternatives to SMS-based text. NENA notes that smartphone-based text-to-911 applications could lower costs for both consumers and PSAPs and that “because 9-1-1 text applications would run on smartphones or advanced devices, their call streams could, in some instances, operate outside the normal 911 voice call path.” The University of Colorado observes that “there are an increasing number of smartphone applications and other SMS short cuts that provide for pre-stored and automatically composed messages, such as contact information for an epileptic having a seizure, or to include location [GPS] coordinates.” Bandwidth.com notes that applications can be “specifically geared toward enhancing the ability of the deaf and hard of hearing to access public safety via texting.” LR Kimball states that “[s]oftware applications that can integrate into the legacy 911 system should be the first choice in the short term to allow for more complete access. * * * [and] should be developed in a way that makes use of services currently in use at PSAPs.” AT&T urges the Commission to avoid imposing text-to-911 regime that would force carriers to continue supporting SMS-based text-to-911 after SMS has become technologically obsolete or economically uncompetitive.
82. In the Notice, the Commission also observed that consumers are acquiring more advanced mobile devices (e.g., 3G and 4G handsets) that enable them to install “over-the-top” software applications. In the Notice, we sought comment on whether text-to-911 requirements should apply to both CMRS and non-CMRS providers alike
fter SMS has become technologically obsolete or economically uncompetitive.
82. In the Notice, the Commission also observed that consumers are acquiring more advanced mobile devices (e.g., 3G and 4G handsets) that enable them to install “over-the-top” software applications. In the Notice, we sought comment on whether text-to-911 requirements should apply to both CMRS and non-CMRS providers alike. The Commission sought comment on the feasibility of using general texting or 911-specific software applications to send text messages to PSAPs. The Commission noted that both providers and third parties, including vendors that provide services and equipment to PSAPs, could develop such applications.
83. In response to the Notice, CTIA and AT&T noted the proliferation of “over-the-top” software applications and highlighted the need for the Commission to implement technology neutral regulations that apply equally to both carrier-provided and non-carrier-provided texting solutions. CTIA stated that “it is * * * unclear how a national SMS-based interim solution would work in the context of over-the-top applications or other non-carrier-provided SMS solutions” and emphasizes that “the [FCC] must * * * consider the severed link between the licensed CMRS service provider and the emergency calling capabilities, such as location accuracy, of end-user devices and over-the-top applications.” AT&T notes that: (1) “limiting the mandate of [t]ext-to-911 services to SMS services provided by telecommunications carriers would be short-sighted, and thus a great disservice to the general public[;]” (2) a “mandate that is exclusive to the SMS platform fails to account for the fact that such services are experiencing both declining revenues and usage due to the
84. On the other hand, several entities express concerns about the Commission extending text-to-911 obligations to “over-the-top” software applications
iers would be short-sighted, and thus a great disservice to the general public[;]” (2) a “mandate that is exclusive to the SMS platform fails to account for the fact that such services are experiencing both declining revenues and usage due to the
84. On the other hand, several entities express concerns about the Commission extending text-to-911 obligations to “over-the-top” software applications. Sprint notes that “[m]any * * * over-the-top messaging providers are relatively small and likely may not have the financial resources to achieve PSAP integration.” Sprint also asserts that “it would not be able to control * * * third-party commercial offerings nor influence how wireless consumers utilize such applications.” Further, Sprint highlights the limitations associated with “over-the-top” software solutions, including the ability to “obtain location information associated with a particular call.” Similarly, U.S. Cellular states that it prefers text-to-911 to “be considered in the context of native SMS,” and that it does not favor covering over-the-top text applications. U.S. Cellular also notes that “on some devices, SMS messages up-convert to MMS, and delivery of those converted messages to PSAP[s] would need to be further explored.” Motorola Mobility maintains that “any regulatory responsibility for over-the-top text-to-911 applications, including collection of precise location information, must rest only on the application developer.”
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p text applications. U.S. Cellular also notes that “on some devices, SMS messages up-convert to MMS, and delivery of those converted messages to PSAP[s] would need to be further explored.” Motorola Mobility maintains that “any regulatory responsibility for over-the-top text-to-911 applications, including collection of precise location information, must rest only on the application developer.”
85. The VON Coalition argues that “there is no public policy justification for extending SMS-to-911 obligations to over-the-top IP text applications” and maintains that “[t]here is no evidence that customers using over-the-top applications expect that they can use these applications to contact emergency services.” The VON Coalition contends that “[i]t seems highly unlikely that a wireless user with both an SMS functionality and an over-the-top messaging application would in some instances choose to open an application, sign in and then send an `SMS' to a PSAP rather than simply using the wireless phone's SMS capability that (a) the customer likely uses on a near-daily basis, and (b) is readily available to the user without opening any application or providing sign-in information.” The VON Coalition highlights that “over-the-top messaging applications, which are dependent on the availability of broadband Internet access, are less reliable than a wireless carrier's SMS text services that require no broadband availability and, moreover, very little bandwidth vis-à-vis voice or other data communications on a wireless carrier's network.” The VON Coalition also notes that “there currently are no location solutions for over-the-top applications—neither for routing a message to the appropriate PSAP nor to provide sufficient location information associated with the caller.” The VON Coalition adds that “[b]ecause an over-the-top message is provided over another provider's network—whether a wireless carrier, wireline carrier or a Wi-Fi hotspot—there is no real-time location information associated with the over-the-top message.” Accor
cations—neither for routing a message to the appropriate PSAP nor to provide sufficient location information associated with the caller.” The VON Coalition adds that “[b]ecause an over-the-top message is provided over another provider's network—whether a wireless carrier, wireline carrier or a Wi-Fi hotspot—there is no real-time location information associated with the over-the-top message.” Accordingly, the VON Coalition “recommend[s] that over-the-top IP-based messaging and text services that rely on the mobile operator's data network should be excluded from an interim [text-to-911 requirement] as they are precisely the type of communications capability for which NG911 is intended.”
86. More recently, the VON Coalition reiterates these points and further argues that the lack of user location information is an impediment to enabling routing of an emergency text to the appropriate PSAP. Moreover, they argue that implementing an interim solution directed at text-to-911 may impact the transition to NG911, or may stifle innovation and alter business models. Should the Commission pursue a 911 obligation for IP-based SMS providers, the VON Coalition urges that any obligation be limited to “two-way” over-the-top SMS, so that a texting customer is able to receive a bounce-back message where a PSAP is unable to receive text-to-911 messages.
87. Similarly, Apple urges the Commission, in addition to considering the jurisdictional and technical issues associated with implementing a text-to-911 obligation for over-the-top text messaging application providers, to limit its proposals to those applications that (1) are installed on a device that determines the user's location using a technology that meets the enhanced 911 requirements set forth in Section 20.18(h) of the Commission's rules; and (2) independently enables the user to send text-based messages to and receive text-based messages from any valid North American Numbering Plan telephone number via the short message service protocol.
88. Discussion
are installed on a device that determines the user's location using a technology that meets the enhanced 911 requirements set forth in Section 20.18(h) of the Commission's rules; and (2) independently enables the user to send text-based messages to and receive text-based messages from any valid North American Numbering Plan telephone number via the short message service protocol.
88. Discussion. As smartphone technology and applications proliferate, wireless consumers increasingly have the ability to send and receive text messages using downloadable software applications. These applications may be provided to the consumer by the underlying wireless service provider or by third party software providers, and may use one of a variety of text delivery methods. For example, some text applications deliver text to mobile telephone numbers over the carrier's existing mobile-switched SMS network, while other applications deliver text over IP data networks, and some applications support both delivery methods and can also deliver MMS content. Several over-the-top applications hold themselves out as competitive alternatives to CMRS-provided SMS services. In addition, some software providers have developed 911-specific software applications for smartphone users that are designed specifically to support communication by text and other media with PSAPs that install and operate the application. As the Wall Street Journal recently noted, the volume of SMS text messages per month sent by consumers has recently dropped 3 percent, with the most likely explanation of this “major shift in mobile communications” attributable to migration of these messages to over-the-top messaging platforms. Another study suggests that over 45 percent of smartphone owners use an SMS alternative such as over-the-top messaging apps in addition to or in lieu of traditional SMS
t messages per month sent by consumers has recently dropped 3 percent, with the most likely explanation of this “major shift in mobile communications” attributable to migration of these messages to over-the-top messaging platforms. Another study suggests that over 45 percent of smartphone owners use an SMS alternative such as over-the-top messaging apps in addition to or in lieu of traditional SMS. And while other analysts predict that SMS will continue to grow globally through 2016, they further predict a large scale drop-off in SMS in favor of over-the-top applications thereafter.
89. This trend towards development and use of new third-party text applications has significant implications for the implementation of text-to-911. While SMS is currently the most widely available and heavily used texting method in the U.S., and is likely to remain so for some time, consumer access to and use of third-party text applications is likely to increase over time. As this occurs, some consumers may choose to use such applications as their primary means of communicating by text, relying less on SMS or possibly bypassing SMS entirely. In that
90. Given this emerging trend for technology and consumer behavior patterns, we believe it is important to consider whether certain third party-provided text applications and carrier-provided applications should be subject to text-to-911 obligations, particularly those that hold themselves out as substitutes for carrier-provided SMS services. In choosing to use a particular text application from a variety of available options, consumers may not even be aware of the identity of the party providing the application or the nature of network technology that the application uses to deliver the text. Thus, imposing text-to-911 requirements based on the identity of the provider or the delivery technology could lead to some applications supporting text-to-911 while other applications that are functionally similar from the consumer perspective do not support text-to-911
entity of the party providing the application or the nature of network technology that the application uses to deliver the text. Thus, imposing text-to-911 requirements based on the identity of the provider or the delivery technology could lead to some applications supporting text-to-911 while other applications that are functionally similar from the consumer perspective do not support text-to-911. In this respect, it may be important to consider consumer expectations both now and in the future as a matter of public safety, as well as to consider means to promote competitive neutrality to ensure that like services are treated comparably, thereby avoiding arbitrage created by artificial regulatory distinctions.
91. As discussed above, consumers now have access to a wide variety of tools that allow the sending of text messages on almost any computing and communication device. However, as the VON Coalition notes, consumers may not have the expectation to send text messages to 911 from all possible text applications, and some of these may face significant technical difficulties in delivering text messages to the correct PSAP, possibly depending on the platform the application is running on. Thus, we divide text applications into two broad categories, namely (1) interconnected text applications that use IP-based protocols to deliver text messages to a service provider, which the service provider then delivers the text messages to destinations identified by a telephone number, using either IP-based or SMS protocols, and (2) non-interconnected applications that only support communication with a defined set of users of compatible applications but do not support general communication with text-capable telephone numbers. We seek comment on applying text-to-911 obligations on the former category, but not the latter.
92. In this respect, we seek comment on the characteristics of interconnected text applications to which text-to-911 obligation should apply, if adopted
rt communication with a defined set of users of compatible applications but do not support general communication with text-capable telephone numbers. We seek comment on applying text-to-911 obligations on the former category, but not the latter.
92. In this respect, we seek comment on the characteristics of interconnected text applications to which text-to-911 obligation should apply, if adopted. As described above, Apple suggests a two-prong approach to determine whether an interconnected text application would fall within the Commission's proposed text-to-911 obligations. The VON Coalition similarly suggests that over-the-top applications should be “two way” in order for a text-to-911 obligation to attach. Are either of these definitions appropriate? Are they too limited? Do these characteristics conform to consumer expectations? For example, if a text messaging application only provides for “outbound-only” messaging to a U.S. telephone number, would a consumer still expect to be able to reach 911? Are there other characteristics that we should take into account?
93. We also propose to treat providers of such non-SMS text applications similarly to CMRS providers with respect to the obligation to provide text-to-911 capability to their users within a defined timeframe. By enabling text communication with any text-capable mobile number, these “interconnected text” applications provide effectively the same functionality that SMS provides currently. Therefore, we believe the same text-to-911 obligations should apply on a technology-neutral and provider-neutral basis. We seek comment on this proposal generally and on the issues discussed below.
94. We also seek comment on whether third-party interconnected text software providers face technical issues or obstacles in the implementation of text-to-911 that could affect the extent to which a text-to-911 requirement may be implemented, or the timeframe for such implementation
-neutral and provider-neutral basis. We seek comment on this proposal generally and on the issues discussed below.
94. We also seek comment on whether third-party interconnected text software providers face technical issues or obstacles in the implementation of text-to-911 that could affect the extent to which a text-to-911 requirement may be implemented, or the timeframe for such implementation. Commenters agree that flexibility in implementation is important to reduce the burden of deploying text-to-911. This is likely to be particularly important for interconnected text applications, since they are often designed by smaller enterprises. Do third-party software providers face difficulties assuring that their application works reliably on all hardware platforms, operating systems, and operation system versions supported by the application? Do these applications have access, possibly after asking for user permission, to cell tower and/or geo location information via platform application programming interfaces? Can applications warn users that disabling location functionality for an application may interfere with the ability to send text-to-911 messages? Could operating system providers facilitate the access to location information for emergency calling and texting purposes? If the text application cannot obtain location information, under what circumstances can the application deliver the text message to a gateway and have the gateway service determine the approximate location of the message sender? Can texting applications determine the cellular telephone number of handsets to help locate the mobile device?
95. To facilitate discussion, we posit three possible implementation choices and invite comment on their respective advantages and disadvantages, as well as descriptions of additional options. The descriptions are meant to be illustrative, and are not meant to limit how implementers achieve the goal of providing text-to-911 to users of their applications.
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s to help locate the mobile device?
95. To facilitate discussion, we posit three possible implementation choices and invite comment on their respective advantages and disadvantages, as well as descriptions of additional options. The descriptions are meant to be illustrative, and are not meant to limit how implementers achieve the goal of providing text-to-911 to users of their applications.
96. The first implementation option leverages the SMS application programming interface (API) offered by common smartphone operating systems. The interconnected text application would use the API to deliver any text message addressed to 911, while using the application-specific mechanism for all other, non-emergency messages. It appears that many applications already separate messages by destination, as they often only deliver messages using Internet protocols for certain countries or regions.
97. In the second option, text-to-911 messages are handled the same as any other text message and delivered to the SMS gateway provider chosen by the application vendor. The gateway provider then delivers those messages to text-capable destinations. This gateway provider handles text messages addressed to 911 and delivers them to the location-appropriate PSAP, possibly with the assistance of a third party 911 message routing service.
98. Finally, in the third option, text-to-911 messages are delivered via Internet application layer protocols to PSAPs, without being converted to SMS along the way, using NG911 protocol mechanisms. The messages can be delivered to PSAPs either by the provider of the text messaging application or a third-party service provider.
99. Are there alternative mechanisms that might be used? Which of these methods provides advantages or disadvantages for the application developer? For the PSAP? For the consumer? Which options are more likely to transition seamlessly to NG911, or provide a foundation that can be
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delivered to PSAPs either by the provider of the text messaging application or a third-party service provider.
99. Are there alternative mechanisms that might be used? Which of these methods provides advantages or disadvantages for the application developer? For the PSAP? For the consumer? Which options are more likely to transition seamlessly to NG911, or provide a foundation that can be
100. Commenters have previously expressed concerns about the lack of access by the third party provider to consumer location information associated with a text-to-911 message, impacting both the ability to deliver the text message to the appropriate PSAP and the ability to locate the consumer seeking assistance. Which of the options described above facilitate delivery of location information? Are there other technical mechanisms or commercial arrangements that would facilitate the ability of a third party text application to ascertain the location from which the text originated? Can a requirement to provide text-to-911 precede such an ability? Can privacy controls utilized by some applications to limit access to location information interfere with the ability to identify the origination of a text-to-911 message? Are there other privacy concerns that need to be considered, or is it reasonable to assume that a person sending a text to 911 implicitly waives such privacy concerns? Can third party text messaging applications bypass any privacy safeguards when 911 is the destination short code?
7. Timetable for Text-to-911 Implementation
101. We seek comment on whether all CMRS providers and interconnected text providers should be required to implement the capability to support text-to-911 throughout their networks by May 15, 2014
implicitly waives such privacy concerns? Can third party text messaging applications bypass any privacy safeguards when 911 is the destination short code?
7. Timetable for Text-to-911 Implementation
101. We seek comment on whether all CMRS providers and interconnected text providers should be required to implement the capability to support text-to-911 throughout their networks by May 15, 2014. In light of the public safety benefits of making text-to-911 available to consumers regardless of carrier or service provider, and the benefits to both PSAPs and consumers from coordinated implementation, we believe it may be desirable for all CMRS providers, including small and rural carriers, and all interconnected text providers to implement text-to-911 capability in their networks on a timetable comparable to the four largest wireless carriers. Setting a single, uniform deadline for all providers would arguably facilitate coordination among text-to-911 providers, vendors, and PSAPs, reduce the likelihood of non-uniform deployment, and provide consumers with a clear expectation of when text-to-911 will be supported regardless of which carrier or service provider they use.
102. We seek comment on this approach. Would a uniform timetable help minimize consumer confusion? Is such a uniform timeframe feasible, or are there factors that could prevent small, rural, and regional CMRS providers and third-party interconnected text providers from implementing text-to-911 in the same timeframe as the four major CMRS providers? For example, some parties have posited that the relatively small size and lack of resources for certain applications developers would limit their ability to comply with a text-to-911 requirement. Is this accurate? Are there other factors we should consider?
103
ders and third-party interconnected text providers from implementing text-to-911 in the same timeframe as the four major CMRS providers? For example, some parties have posited that the relatively small size and lack of resources for certain applications developers would limit their ability to comply with a text-to-911 requirement. Is this accurate? Are there other factors we should consider?
103. The Carrier-NENA-APCO Agreement also states that once a “valid” PSAP request is made for delivery of text messages, “service will be implemented within a reasonable amount of time of receiving such request, not to exceed six months.” Further, a request for service will be “considered valid if, at the time the request is made: (a) the requesting PSAP represents that it is technically ready to receive 9-1-1 text messages in the format requested; and (b) the appropriate local or State 9-1-1 service governing authority has specifically authorized the PSAP to accept and, by extension, the signatory service provider to provide, text-to-911 service (and such authorization is not subject to dispute).” Are these reasonable conditions? Is six months an appropriate timeframe? What steps does a CMRS or interconnected text provider have to take to add a PSAP to its list of text recipients and how much time are such steps likely to take? Should the same timeframe apply for both CMRS providers and interconnected text providers? Should this timeframe become shorter over time as the process for responding to PSAP requests becomes more established and routine?
8. 911 Short Code
104. Background. Short codes for mobile-switched text messaging are administered by the Common Short Code Administration (CSCA) and are typically five-digit or six-digit numbers. In the Notice, the Commission sought comment on whether a national short code for text-to-911 should be designated by the Commission, a standards-setting body, or some other entity. The Commission also asked how the short code should be designated or implemented.
105
text messaging are administered by the Common Short Code Administration (CSCA) and are typically five-digit or six-digit numbers. In the Notice, the Commission sought comment on whether a national short code for text-to-911 should be designated by the Commission, a standards-setting body, or some other entity. The Commission also asked how the short code should be designated or implemented.
105. Commenters in general agree that the Commission should establish and reserve the digits `9-1-1' as a national short code for text-to-911. Most notably

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2013-00159. Check the current official text before relying on it. Not legal advice.