HWG LLP Advisory (PDF)
By: Steven A. Fredley, Kristine L. Devine, and Daeyeong Kim
The Federal Communications Commission (“Commission”) released a Report and Order (“Order”) adopting rules and deployment dates for all wireless providers to support georouting for wireless 988 calls.1 “Georouting” refers to the ability to direct calls to a crisis center based on the geographic location of the origin of the call, but without transmitting information about the caller’s precise location. Under the new rules, nationwide and non-nationwide wireless, which includes mobile virtual network operators (“MVNOs”),2 carriers must have the capability to provide the Lifeline Administrator with georouting data for 988 calls as well as allow the Lifeline Administrator to route 988 calls to the appropriate crisis center based on the geographic area where the handheld device is located at the time the 988 call is initiated.3 Nationwide wireless providers must support georouting within thirty days of the effective date of the rule; non-nationwide wireless providers have twenty-four months to come into compliance.4
The 988 Suicide & Crisis Lifeline (“988 Lifeline”) is a hotline that can be accessed by dialing 9-8-8 or by directly dialing a toll-free access number (1-800-273-TALK). The 988 Lifeline consists of a national network of over two hundred crisis centers that provide twenty-four/seven confidential support for people experiencing emotional, suicidal, and substance use crises. The 988 Lifeline system was originally designed to route 988 calls to a crisis center based on the caller’s area code and exchange. As wireless calling has proliferated and calls are placed from outside the geographic area associated with the caller’s phone number, this has presented call routing challenges. It has also undermined the effectiveness of the 988 Lifeline, given the importance of connecting callers with local life-saving services and local counselors who may be more familiar with cultural issues or community stressors in the caller’s area.
Nationwide and non-nationwide wireless providers will now be required to have the capability to provide the Lifeline Administrator with georouting data for 988 calls (except calls transmitted using roaming capabilities)5 in a format compatible with the Lifeline Administrator’s routing platform and to provide georouting data with 988 calls, when available, that is sufficient to allow routing of the 988 call by the Lifeline Administrator. Georouting data is data generated from cell site-based location technology that is aggregated so that the data will not identify the exact location of the cell site or base station receiving the 988 call or otherwise identify the precise location of the handset.6 To ensure the privacy of callers, wireless providers are prohibited from providing more precise location data. The Commission did not mandate any particular georouting solution in the Order. Nor did it mandate a particular method for ensuring that location data is aggregated to a sufficiently granular level or require the use of one or more particular geographic boundaries. Instead, the Order provides wireless providers and the Lifeline Administrator with flexibility in developing and implementing technical solutions, including, for example, aggregating georouting data at the county or wire center level. The Order also encourages collaboration in developing and testing georouting solutions. The Commission also noted its intention to provide wireless carriers flexibility in working with the Lifeline Administrator on a case-by-case basis to address any individualized network considerations.
The new georouting rule applies to all CMRS providers—nationwide providers and non-nationwide.7 Nationwide CMRS providers are defined as those providers whose service extends to a majority of the population and land area of the United States. Non-nationwide CMRS providers include all CMRS providers other than a nationwide CMRS provider.
Along with the Order, the Commission issued a Further Notice of Proposed Rulemaking (“FNPRM”) that proposes to establish a similar georouting requirement for covered 988 text messages, defined as Short Message Service (“SMS”) text messages to the 988 Lifeline. Under the proposed rules, covered text providers would be required to (i) have the capability to provide georouting data for covered 988 text messages to the Lifeline Administrator in a format compatible with the routing platform to allow routing by the Lifeline Administrator and (ii) provide georouting data, when available, for covered 988 text messages that is sufficient to allow routing by the Lifeline Administrator.8 The Commission seeks comment on, among other things, potential georouting solutions for 988 SMS text messages, current progress on identifying and implementing a solution, and any technical challenges in the provision of georouting data.9 The FNPRM proposes a six-month implementation timeframe for covered text providers.10
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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 Steven Fredley, Kristine Laudadio 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 Implementation of the National Suicide Hotline Act of 2018, Third Report and Order and Third Further Notice of Proposed Rulemaking, FCC 24-111, WC Docket Nos. 18-336 (rel. Oct. 18, 2024) (“Order” or “FNPRM,” as appropriate).
2 Id. ¶ 10.
3 Id. ¶ 17.
4 Id. ¶ 49.
5 Id. ¶ 43. Calls using roaming capabilities may be routed to qualified crisis counselors using the area code and exchange as is the current practice.
6 Id. ¶ 18.
7 Id. ¶ 25.
8 Id. ¶ 78.
9 Id. ¶¶ 81, 83.
10 Id. ¶ 88.