FCC Sets Transition to Next Generation 911 Services

In a Report and Order (Order) in Docket 21-479, to be voted on July 18, 2024, the FCC is expected to adopt the first nationwide Next Generation 911 (NG911) transition rules that will define the responsibilities and set deadlines for originating service providers (OSPs) to implement NG911 capabilities on their networks and deliver 911 calls to NG911 systems established by 911 authorities. The Commission defines Next Generation 911 as the replacement of legacy 911 technology with an Internet Protocol (IP)-based infrastructure that supports new 911 capabilities, including text, video, and data, and improves 911 interoperability, security, and system resilience.

The Order is needed now because the transition to NG911 technology is lagging and spurs the need for nationwide rules.

Currently, as 911 Authorities deploy NG911 infrastructure, there are no rules at the federal level describing what OSPs must do to support the transition. The lack of rules creates uncertainty for 911 stakeholders and increases delays in the transition. In addition, the increased costs incurred to support both 911 and NG911 systems concurrently while the transition to NG911 is delayed reduce the limited amount of funding actually available to implement NG911 itself, further stalling the eventual transition to lifesaving NG911 technology across the country. The magnitude of delays and costs in the national transition to NG911 to date demonstrates the necessity and importance of the Commission taking action to establish a regulatory framework for the orderly and efficient implementation of NG911. (Draft Order at para. 30).

The Order will do the following:

Require OSPs including (1) wireline providers; (2) commercial mobile radio service (CMRS) providers; (3) covered text providers; (4) interconnected Voice over Internet Protocol (VoIP) providers; and (5) Internet-based Telecommunications Relay Service (TRS) providers to transition to NG911 in two phases in response to a request by a state or local 911 authority.

Phase 1 – Upon receiving a valid Phase 1 request from a 911 Authority, an OSP must commence delivery of 911 traffic in IP-based Session Initiation Protocol (SIP) format to one or more in-state NG911 Delivery Points designated by the 911 Authority. Phase 1 will enable 911 Authorities to deploy Emergency Services IP Networks (ESInets) in a cost-effective manner by selecting convenient delivery points to receive 911 traffic; will improve 911 reliability by using an IP-based format, rather than legacy format, to deliver 911 traffic; and will establish the transmission platforms necessary for upgrading to Phase 2.

Phase 2 – Upon receiving a valid Phase 2 request from a 911 Authority, an OSP must commence delivery of 911 traffic to the designated in-state NG911 Delivery Point(s) in an IP-based SIP format that complies with NG911 commonly accepted standards identified by the 911 Authority, including having location information embedded in the call signaling using Presence Information Data Format—Location Object (PIDF-LO)4 or the functional equivalent. In Phase 2, the OSP must install and put into operation all equipment, software applications, and other infrastructure, or acquire all services, necessary to use a Location Information Server (LIS) or its functional equivalent for the verification of its customer location information and records. Phase 2 will facilitate use of the functional elements of Next Generation 911 Core Services (NGCS), which can deliver dynamic information to Public Safety Answering Points (PSAPs), enabling them to use policy routing functions to dynamically re-route 911 traffic to avoid network disruptions, thus reducing the impact of outages on 911 continuity.

There will be timelines for the implementation of NG911.

At Phase 1, non-rural wireline providers, nationwide CMRS providers, covered text providers, and interconnected VoIP providers must comply with NG911 requirements within six months after receiving a Phase 1 valid request. Rural LECs, non-nationwide CMRS providers, and Internet-based TRS providers, must comply with the NG911 requirements within twelve months after receiving a Phase 1 valid request.

At Phase 2, non-rural wireline providers, nationwide CMRS providers, covered text providers, and interconnected VoIP providers must comply with its N911 requirements within six months after the latest of: (1) the 911 Authority’s Phase 2 valid request; or (2) the date when the OSP is required to comply with Phase 1

requirements, or when it does comply with those requirements (whichever is earlier). Similarly, rural LECs, non-nationwide CMRS providers, and Internet-based TRS providers must comply with the NG911 requirements within twelve months after the latest of: (1) the 911 Authority’s Phase 2 valid request; or (2) the date when the OSP is required to comply with Phase 1 requirements, or when it does comply with those requirements (whichever is earlier).

In the absence of alternative cost recovery mechanisms established by state or local 911 authorities, OSPs are responsible for the costs of delivering 911 traffic in the required format to designated NG911 delivery points within the state.

Finally, the Commission preserves the authority of state and local government to adopt alternative approaches to the configuration, timing, and cost responsibility for NG911 implementation within their jurisdictions.