i_911tf_2016a_2016-10-25t09:06:58z4 Hearing Summary

Date: 10/25/2016

11:28 AM



The task force recessed.





11:42 AM -- Provider Panel



The task force returned to order. Mr. Benjamin Aron, Director, State Regulatory and External Affairs, Cellular Telecommunications Industry Association (CTIA); Mr. Pete Kirchhof, Executive Vice President, Colorado Telecommunications Association (CTA); Mr. Jeff Weist, Executive Director, Colorado Cable & Telecommunications Association; and Mr. Tim Kunkleman, Regulatory Director, CenturyLink came to the table.



Mr. Aron introduced himself, explained that he represents wireless carriers, and made a presentation to the task force (Attachment D). He explained 911 calls. He presented information concerning the regulation of wireless carriers, including alerts and notifications that are sent out over wireless networks. He stated that the primary regulation of wireless providers occurs at the federal level. He explained the federal outage reporting requirements for wireless carriers.



161025 AttachD.pdf



11:57 AM



Mr. Aron continued his presentation, discussing federal regulation of wireless providers. He stated that even wireless phones that are not activated on an account are required by federal regulations to be able to call 911. He explained proposed specific reporting obligations under proposed rules. He also made recommendations to the legislature.





12:02 PM



Mr. Kirchhof introduced himself and explained that he represents small telecom providers. He stated that the role of the small providers is the transport of 911 calls: when a call comes in, it is transferred to the Basic Emergency Service Provider (BESP). He provided information on the causes of outages, and suggested a collaborative approach to addressing outage issues. He stated that reporting should be based on who needs to know, and stated that the PSAPs need to know first, and that reporting obligations take time away from restoring service. He also discussed network diversity and funding. Mr. Kirchhof discussed issues with raising the 911 surcharge in rural areas. Mr. Kirchhof suggested that providers, BESP, and PSAPs should work together to make the 911 system process work more efficiently.





12:11 PM



Mr. Weist introduced himself. He also introduced Mr. Angel Arocho, representing Comcast. Mr. Weist discussed 911 service over different types of services. He also discussed regulation of providers. He stated that PSAPs work as partners with providers in providing 911 service. Mr. Weist suggested that a new statewide oversight authority board would be positive.



Mr. Kunkleman introduced himself and explained CenturyLink's role as the BESP. He stated that the current 911 system works well. He explained different types of 911 outages. In some instances, the customer cannot make a phone call to anyone, including 911; in others, the call may not be connected to a PSAP, but it will be answered by law enforcement or other appropriate personnel. He stated a concern that different types of outages are being regulated the same way. Mr. Kunkleman discussed the difference between outage reporting and notification. He views reporting as a long term requirement, and notification as telling people that there is an event and that 911 may not be working properly. Finally, he discussed the rulemaking process and the recent PUC rulemaking discussed earlier in the task force meeting. He stated that more time to study the issues may not lead to learning any new information.





12:23 PM



Senator Martinez Humenik was recognized by the chair. She commented on 911 service. Mr. Aron responded to the comments with information about location identification services, including issues surrounding pinpointing the exact location of a caller.





12:33 PM



Senator Martinez Humenik was recognized by the chair for a follow up. Mr. Arocho provided background on the technology used in 911 systems.



Mr. Kunkleman responded to question about the oversight of 911 and the rulemaking process, and the role of CenturyLink as the BESP. He also responded to a question about the time frame to study issues surrounding notification, restating that another year of time to study the issue was not necessary. He also stated that there may be other issues surrounding the transition to NextGen 911 that may need to be studied.





12:44 PM



Mr. Weist stated that there is a concern surrounding prior PUC rulemaking about whether the PUC had jurisdiction to make certain rules. Mr. Aron commented that it is better to involve all of the stakeholders in determining how to approach 911 oversight and regulation. Mr. Kirchhof commented that the legal nature of the PUC proceedings has made working on issues difficult.



Senator Aguilar commented on the issues that need to be considered surrounding any agency that may have oversight over 911 service. She also stated that she would like the PUC to continue their work. Mr. Aron commented on the role of the PUC, and issues surrounding the PUC's jurisdiction to make certain rules. Discussion continued about the PUC's rulemaking authority. Mr. Aron stated that wireless carriers report what is required, and that information sharing may be improved when the FCC better shares information. Senator Aguilar commented.





12:59 PM



Speaker Hullinghort began a discussion about regulation of telecom providers, including information gathering. Mr. Kunkleman clarified that he only considers a 911 outage to be when the 911 system is not functioning, and that when a customer cannot make any calls, but the 911 system is functioning, that is not a 911 outage. Mr, Kirchhof commented that other states do not need the regulatory process to achieve good results in 911 service.



In response to a question, Mr. Aron explained that prepaid customers pay the 911 surcharge at the point of sale and the sellers remit that money to the Department of Revenue. When a provider collects the 911 surcharge from the bills, they remit it to the relevant agencies. He also said that providers do not receive any money from the surcharge. He stated that there are concerns about how the money is spent, even though it is required to be spent on 911 systems. Mr. Arocho commented on the permitted uses for 911 surcharge funds. He mentioned FCC 911 surcharge reports, available here: https://www.fcc.gov/general/911-fee-reports.





01:12 PM



Discussion turned to the agency or body that should be responsible for oversight of 911 services. Mr. Kirchhof suggested a body that does not have quasi-judicial regulatory authority would be better for the 911 system. He suggested looking at oversight systems in other states. Representative Duran commented and Mr. Kirchhof responded by suggesting setting up a separate board for oversight, with a consultant to study network diversity issues, and identify the cost of making necessary changes. He commented that it would take time to set up such a process.



Mr. Aron suggested that the PUC begin to work within the jurisdiction that is has, the state begin to study NextGen 911, that emergency management practices be studied, and that when determining outage and reporting regulations, that the state study the following questions: who needs to know, what to do they need to know, and when do they need to know it, and then formalize the findings of that study. He also suggested that the state understand implications and impacts that the Colorado Open Records Act (CORA) may have on any action taken. Finally, he suggested that the state examine information sharing with the federal government, including communicating with the FCC what actions the FCC can take that would benefit Colorado.





01:24 PM



Mr. Kunkleman stated that he did not know whether the issues raised would be solved by a statewide authority. He stated that it may be okay to maintain PUC oversight.



Mr. Weist stated an eagerness to be involved in the discussion of oversight changes.



Mr. Arocho suggested that statewide leadership boards were beneficial in working on past issues. He suggested that those boards help get all stakeholders meeting together.





01:30 PM



The committee recessed.