June 9, 2004 

The Honorable Michael Powell
The Honorable Kathleen Abernathy
The Honorable Jonathan Adelstein
The Honorable Michael Copps
The Honorable Kevin Martin
The Federal Communications Commission
445 12^th Street, SW
Washington, DC 20554
 

Re: Wireless Consumers Alliance Pet’n for Declaratory Ruling
(WT Docket #99-328)
AT&T Wireless Servs., Inc. Pet’n for Declaratory Ruling
(WT Docket #99-328)

Dear Commissioners:

The National Consumers League (NCL) urges the Federal Communications Commission (FCC) to reaffirm its Order regarding the completion of cellular phone calls to 911 and to inform the US District Court for the Northern District of Illinois of that decision. NCL is a private, nonprofit consumer organization founded in 1899 to identify, protect, and advance the economic and social interests of consumers and workers.

In 1999, the FCC ordered all cellphone manufacturers to construct and program their phones in such a way that if a cellphone operating in analog mode does not successfully deliver a 911 call to the landline telephone company within 17 seconds after the call is placed, the phone will automatically switch to a competitor’s cellular system and attempt to complete the call. This was a good decision addressing a problem that was preventing wireless calls made from rural and suburban areas from being connected to 911.

However, many cellphone manufacturers have failed to comply with the FCC’s requirements, and they are now asking the Commission to back away from them. It is important that the Court as well as the FCC clarify this public safety matter. The industry claims that a call should be considered “complete” at an early stage of the calling process, at a time when the call has not yet been delivered to the landline carrier and no path exists to enable the caller and the 911 operator to communicate with each other. We disagree.

The failure to connect 911 calls may be a factor in many injuries and even fatalities. An emergency 911 call that has not been delivered to the landline carrier fails to meet FCC standards of a completed call and is useless and dangerous to the public.

The Court is seeking clarification of this matter and requires your guidance. The public safety requires an immediate and specific response from you. We believe the FCC was correct in requiring cellphones to switch if a 911 call has not delivered to the landline network within 17 seconds. Please reaffirm that ruling in your response to the Court.

 Sincerely,

Susan Grant
Vice President, Public Policy
National Consumers League
1701 K Street NW, Suite 1200
Washington, DC 20006
202-835-3323