PSAPs Enter SMR Roaming Dispute

The FCC's E-911 mandate, with its looming October deadline for Phase II implementation, has been a stressful topic for many wireless carriers. But the mandate recently became an important talking point for Southern Linc (www.southernlinc.com), which in recent months has been urging the FCC (www.fcc.gov) to order Nextel (www.nextel.com) into roaming agreements with non-affiliated SMR carriers.

Recently, three 911 agencies wrote letters to the FCC expressing concern that Southern Linc's Alabama customers can't reach 911 when roaming outside the carrier's footprint.

Last winter, Sharon Thomas, St. Claire County, AL, 911 coordinator, found out about Southern Linc's problem the hard way. Thomas' husband hangs power lines, and when a severe snowstorm hit Arkansas, he was called to the scene, and his Southern Linc service wouldn't work.

After discussions with Southern Linc, Thomas wrote to the FCC in support of an automatic-roaming mandate for SMR carriers.

Another 911 coordinator, Captain Jim Smith, Dothan-Houston County, AL, E-911 District, heard about the problem from Southern Linc and also wrote to the FCC, as did the Alabama Wireless 911 Board.

Whether the National Emergency Number Association (NENA) will take up this issue remains to be seen. James Hobson, NENA Washington counsel (www.nena.org), said NENA probably will watch for the FCC's ruling.

If the decision does not favor SMR roaming, NENA might consider challenging it, Hobson said.

“In order to convince the court that an agency rulemaking is improper or should be reversed, you have to show that it was arbitrary or capricious, meaning that it just didn't make a lot of sense,” he said. “And agencies don't often render nonsensical decisions.”

If the FCC doesn't pass an automatic roaming rule, Thomas said, her organization would team with other county organizations to advocate automatic roaming. Or, she said with a laugh, there's always the option of switching to Nextel.

Smith said that his E-911 district would lobby for an automatic roaming rule with Alabama congressmen and senators.

Absent an automatic roaming rule, Southern Linc would use the FCC's existing roaming rules as a basis to file for an enforcement action against Nextel, said Michael Rosenthal, Southern Linc director of regulatory affairs.

But Nextel wouldn't fight an automatic roaming rule, according to Bob Foosaner, Nextel regulatory officer.

“However, it would be a disincentive to build out a system, and that's not something the government has been inclined to do,” Foosaner said.

As all of the players await an FCC decision, Nextel and Southern Linc are getting closer to negotiating an agreement.

Nextel previously said that technical problems prevented it from roaming with Southern Linc, a claim that Southern Linc disputes. But in early April, Foosaner said, Motorola informed Nextel that iDEN equipment could be modified to make roaming with Southern Linc possible. Now Nextel is waiting for a reasonable financial proposal from Southern Linc. With one proposal rejected, Nextel asked Southern Linc to provide another proposal.

“We intend to do that right away,” Rosenthal said. “We are encouraged by recent discussions with Nextel that they intend to take the life-saving steps of reaching a roaming agreement with us.”