HWG LLP Advisory

By: John T. Nakahata, Steven Fredley, Kristine L. Devine, and Daeyeong Kim

The Federal Communications Commission (“FCC” or “Commission”) released a Report and Order (“Order”) to advance the nationwide transition from legacy circuit-switched architectures to IP-based architectures.1 The Order requires wireline providers, commercial mobile radio service (“CMRS”) providers, covered text providers,2 interconnected Voice over Internet Protocol (“VoIP”) providers, and Internet-based Telecommunications Relay Service (“Internet-based TRS”) providers (collectively, “originating service providers” or “OSPs”) to coordinate with 911 Authorities in completing the transition to Next Generation 911 (“NG911”).3

The Order adopts a two-phased approach to guide the transition to NG911 that will require 911 Authorities to meet specific readiness criteria, including identifying NG911 Delivery Points for OSPs, prior to submitting valid Phase 1 and Phase 2 requests to OSPs. Upon receipt of a valid request, OSPs must implement Phase 1 and Phase 2 requirements within 6 or 12 months, depending on the provider type. Importantly, the Order also establishes a default cost allocation framework for OSPs and 911 Authorities—thus resolving uncertainties about cost allocation that have delayed implementation—unless the parties agree to an alternative cost arrangement.4

Below, we provide a high-level overview of the key obligations for OSPs, the required timeline, and the default cost allocation between OSPs and 911 Authorities. Most of the NG911 final rules are effective 60 days after publication in the Federal Register, but the rules requiring compliance with valid Phase 1 and 2 requests are not effective until OMB review and approval.5 As of September 10, 2024, the Order has not been published in the Federal Register.

Phase 1.6 After receiving a valid Phase 1 request from a 911 Authority, an OSP must:

  1. Deliver all 911 traffic bound for the relevant Public Safety Answering Points (“PSAPs”) in the requested IP-based SIP format;
  2. Obtain and deliver 911 traffic to enable the ESInet and other NG911 network facilities to transmit all 911 traffic to the destination PSAP;
  3. Deliver all such 911 traffic to designated NG911 Delivery Points; and
  4. Complete connectivity testing.

A Phase 1 request is valid if the 911 Authority certifies, among other things, installation and implementation of all necessary infrastructure to receive 911 traffic in an IP-based SIP format and to transmit this traffic to PSAPs.7

Timeline: Non-rural wireline providers, nationwide CMRS providers, covered text providers, and interconnected VoIP providers must comply with the Phase 1 requirements within six months of receiving a valid request.8 Rural incumbent local exchange carriers (“RLECS”), non-nationwide CMRS providers, and Internet-based TRS providers must comply within twelve months.9

Phase 2.10 After receiving a valid Phase 2 request from a 911 Authority, an OSP must:

  1. Comply with all Phase 1 requirements;
  2. Deliver all 911 traffic bound for the relevant PSAPs to designated NG911 Delivery Points in the IP-based SIP format that complies with NG911 commonly accepted standards identified by the 911 Authority (including location information using Presence Information Data Format – Location Object (“PIDF-LO”) or equivalent in the call signaling);
  3. Install and operate all equipment, software applications, and other infrastructure necessary to use a Location Information Server (“LIS”) or equivalent to verify customer location information; and
  4. Complete connectivity testing.

A Phase 2 request is valid if the 911 Authority certifies, among other things, installation and implementation of all necessary infrastructure to receive 911 traffic in an IP-based SIP format that complies with NG911 commonly accepted standards and to transmit this traffic to PSAPs.11

Timeline: Non-rural wireline providers, nationwide CMRS providers, covered text providers, and interconnected VoIP providers must comply with the Phase 2 requirements within six months of receiving a valid request.12 RLECs, non-nationwide CMRS providers, and Internet-based TRS providers must comply within twelve months.13

Cost Allocation.14 OSPs are responsible for the costs of (1) transmitting 911 traffic to NG911 Delivery Points, (2) delivering 911 traffic in the required IP-based SIP format at each phase (including necessary costs of IP conversion when using a Legacy Network Gateway), and (3) obtaining and delivering location and routing information using ALI/ANI databases or selective routers and using LIS functionalities at Phase 2. OSPs are not responsible for the costs of furnishing, maintaining, or upgrading NG911 Delivery Points, ESInets, NG911 Core Services networks, or PSAPs. The Commission’s rules will also permit alternative cost arrangements between 911 Authorities and OSPs.15

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HWG LLP’s cross-disciplinary telecommunications practice advises clients on federal and state legislative and regulatory proceedings, company compliance, and related litigation matters. Please contact John T. Nakahata, Steven Fredley, Kristine L. Devine, or Daeyeong Kim for more information. This advisory is not intended to convey legal advice. It is circulated publicly as a convenience and does not reflect or create an attorney-client relationship.

1      Facilitating Implementation of Next Generation 911 Services (NG911); Location-Based Routing for Wireless 911 Calls, Report and Order, FCC 24-78, PS Docket Nos. 21-479 and 18-64 (rel. July 19, 2024) (“Order”).

2      Covered text providers include all CMRS providers and providers of interconnected text messaging services that enable consumers to send and receive texts from all or substantially all text-capable U.S. telephone numbers.  To be codified at 47 C.F.R. § 9.28 (incorporating by reference 47 C.F.R. § 9.10(q)(1)).

3      Order ¶ 2.

4      Id. ¶ 6.

5      Id. ¶ 225.

6      To be codified at 47 C.F.R. § 9.29(a).

7      To be codified at 47 C.F.R. § 9.31(a).

8      To be codified at 47 C.F.R. § 9.30(a)(1).

9      To be codified at 47 C.F.R. § 9.30(b)(1).

10     To be codified at 47 C.F.R. § 9.29(b).

11      To be codified at 47 C.F.R. § 9.31(b).

12      To be codified at 47 C.F.R. § 9.30(a)(2).

13      To be codified at 47 C.F.R. § 9.30(b)(2).

14      To be codified at 47 C.F.R. § 9.33.

15      To be codified at 47 C.F.R. § 9.34.