1. Public Safety Communications, the FCC and FirstNet, Politics and Practical Suggestions Consolidated Communications Network of Colorado Statewide Public Safety Radio Summit March 13, 2015 Kenneth S. Fellman kfellman@kandf.com Twitter @kenfellman@kenfellman

2. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC 700 MHz narrowband Report and Order 911 oversight Wireless 911 location Text-to-911 capability

3. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Narrowband background: Previous FCC decisions required transition of 700 MHz public safety narrowband systems from 12.5 kHz to 6.25 kHz channels by 12/31/16 Public safety officials had requested relief from deadline for several years, noting that many 700 MHz public safety LMR systems would be less than 8 years old when the 12/31/16 date arrived, because the spectrum was not available nationwide until 2009 Other concerns - possibility that mission-critical voice could be offered over broadband networks like one proposed by FirstNet, so requiring public safety entities operating narrowband 700 MHz systems to revamp by 12/31/16 could limit their flexibility in the future

4. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC 700 MHz narrowband Report and Order – October 24, 2014 eliminated requirements associated with the planned deadline to transition 700 MHz public-safety narrowband systems from 12.5 kHz to 6.25 kHz channels by 12/31/16 decision “will enable licensees to extend the life of existing systems and will provide public safety with greater flexibility in determining the optimal future use of the band…”

5. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Found that the 12/31/16 deadline was no longer viable would force many licensees to modify or replace existing systems well before the end of their useful life acknowledged concerns expressed by many commenting parties about the maturity of 6.25 kHz- capable equipment, including the lack of developed open standards governing major system components acknowledged concerns expressed by many commenting parties about maturity of 6.25 kHz-capable equipment, including lack of developed open standards governing major system components

6. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Immediate impact: public safety agencies still retain capability and flexibility in buildout plans based on capacity needs no requirement to deploy a 6.25 kHz- channel technology simply to comply with regulations But …

7. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC 6.25 kHz equipment in the band will not necessarily be eliminated, because in some places, it may be the best technology choice FCC Report and Order explicitly encourages use of 6.25 kHz channel technology for 700 MHz systems in geographic areas where public safety entities currently utilize systems in the 470-512 MHz known as the T-Band

8. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC 911 Oversight – November 24, 2014 Notice of Proposed Rule-Making Commission affirmed core principles to guide its approach to 911 oversight – particularly its policy of working with state and local partners to ensure reliable 911 service cited recent large-scale “sunny day” 911 outages, notably an April 2014 outage caused by a software coding error in a 911 routing facility outage resulted in loss of 911 service for more than 11 million people in 7 states for up to 6 hours, with over 6,600 failed calls to 911

9. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC 911 Oversight – NPRM seeks comment on specific proposals in 4 key areas to set the nation on a path towards reversing trend of large-scale 911 outages: Requiring 911 providers to make public notification of major changes to 911 service, so call centers and other stakeholders are aware of potential impacts, and to seek approval if they intend to discontinue critical 911 services Requiring entities seeking to offer new 911 capabilities and services to certify that they have the technical and operational capability to do so reliably

10. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC 911 Oversight – NPRM: 4 key areas to set the nation on a path towards reversing trend of large-scale 911 outages: Clarifying roles to promote situational awareness, information sharing, and coordination among multiple service providers during 911 outages Updating the FCC’s 911 reliability certification requirements to account for new technologies and network architectures http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db1121/FCC-14- 186A1.pdf

11. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Wireless Location Accuracy Requirements – Report and Order, February 3, 2015 Major changes in wireless landscape Many consumers replacing landlines with wireless Majority of wireless calls now made indoors Gap in 911 location service needs to be closed

12. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Wireless Location Accuracy Requirements – No single technological approach will solve the problems No solution can be implemented overnight Looking for technically feasible and technologically neutral solutions Need to allow sufficient time for development of applicable standards, establishment of testing mechanisms, and deployment of new location technology in both handsets and networks

13. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Wireless Location Accuracy Requirements – the Order: Within 2 years, all wireless providers will be required to make available to PSAPs either a latitude-longitude location within 50 meters or a “dispatchable” location (an address, and a floor, suite or apartment number, if applicable) for at least 40% of all wireless 911 calls, with this percentage to increase over time

14. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Wireless Location Accuracy Requirements – the Order: over the next 9 years, carriers in top 50 Cellular Market Areas required to deploy technology to identify the vertical location of wireless 911 calls, either via a location technology or a technology that identifies height from the ground wireless providers required to certify in 2018 and 2021, that they have deployed compliant technology to sufficiently improve indoor location accuracy

15. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Wireless Location Accuracy Order: The rules mostly follow the Roadmap for Improving E911 Location Accuracy agreed to 11/2014 by Association of Public Safety Communications Officials, National Emergency Number Association and the four national wireless providers (AT&T Mobility, Sprint, T-Mobile USA and Verizon), as well as comments submitted to the FCC by the Competitive Carriers Association, which represents most smaller U.S. wireless providers However, some public safety commenters argued that the new rules were weaker than those proposed in the original call for comment

16. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Wireless Location Accuracy Order: Thank you to Best Best & Kreiger for some of the info about the Order. www.bbklaw.comwww.bbklaw.com Order can be found at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2015/db03 10/FCC-15-9A1.pdf

17. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Text to 911 capability – FCC Report & Order, August 8, 2014 requires Commercial Mobile Radio Service providers and other providers of interconnected text messaging applications be capable of supporting text-to-911 service by 12/31/14 Covered providers have until 6/30/15, or 6 months from the date of a PSAP request, whichever is later, to implement text-to-911 for that PSAP

18. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues at the FCC Text-to-911 capability – FCC Report & Order, August 8, 2014 How is it working in your community?

19. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues Suggestions for State and Federal Advocacy Colorado PUC Retains Some Authority Over Public Safety Communications FCC has very active Public Safety and Homeland Security Bureau working on these issues Stay informed and active through your national, state and regional organizations Do not hesitate to advocated directly with these state and federal agencies Critically important to speak with one voice whenever possible

20. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues - FirstNet Created to deploy nationwide, interoperable public safety network Have been a lot of changes in process and expectations in 3 years since statute was passed

21. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues - FirstNet Colorado will decide whether to join or go it alone Separate session today addressed FirstNet issues in more detail

22. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues - FirstNet My concerns (and perhaps yours, too) I expected more of a public-private partnership with significant local/regional control – it is starting to look like a private network where public safety agencies will be little more than customers Commitment to rural coverage seems to have disappeared Preliminary focus on maximizing use of local network assets does not appear to be in play any longer

23. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues - Mobile Devices Mobile Devices – Risks Protect user data Protect from malware Protect from loss and theft (in an emergency event, first responders not focused on device security) What kind of information is the device transmitting (location, etc.) – this can be a benefit, but also a risk if location info gets in the wrong hands

24. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues - Mobile Devices Mobile Devices – Best Practices Know what kind of devices you are going to allow – what are their capabilities? Make sure command staff is adequately trained and can oversee effectively Written policies Agency provided software needs to be properly installed and up to date Manufacturer software and apps need to be up to date Authentication to unlock – should have a unique password for each user, even if device is shared Password should not be anything associated with user

25. CCNC 3/13/2015 www.kandf.com Public Safety Communications Issues - Mobile Devices Mobile Devices – Best Practices Automatically lock after period of non-use Encrypt data Device tracking and remote deletion – have employees sign acknowledgement regarding risk to their personal data on the device Policy on who can install apps Read and understand all “permissions” for software installed on the device When not in use, disable location based transmissions Do not connect to unfamiliar wi-fi networks Monitor for unusual behavior (frequent crashing, rapid battery consumption, or unusual application behavior)

26. Questions? Ken Fellman Kissinger & Fellman, P.C. Denver, Colorado 303-320-6100 kfellman@kandf.com