Before the

NATIONAL TELECOMMUNICATIONS

AND INFORMATION ADMINISTRATION

Washington, D.C.

 

 

 

In the Matter of                                                             )

                                                                                    )

All-Hazard Warning - Comment                                 )      Docket No. 000609173-0173-01                                                                                                                                                          

 

 

REPLY COMMENTS OF SCC COMMUNICATIONS CORP.

 

 

SCC Communications Corp. (“SCC”),[1] pursuant to the National Telecommunications and Information Administration’s (“NTIA”) June 23, 2000 Federal Register Notice,[2] submits these reply comments in response to initial comments submitted by other parties.  The NTIA seeks comment for purposes of exploring opportunities to improve the deployment of safe and efficient emergency notification systems.    

Without exception, all of the commenting parties underscored the importance of hazard warning systems and the need to improve those systems to deliver safely and reliably emergency notification to all people in all types of situations. Each of the commenting parties recognizes the critical issues involved in the provisioning of emergency notification services and all concur that government agencies play a vital role in the development and deployment of this life-saving technology. 

Several parties also commented on the message delivery portion involved in hazard warning systems and agreed that in order for warnings to be effective, they must be timely, geographically targeted to affected receivers, and delivered with instruction. SCC raised this very point in its initial comments and believes this issue merits further discussion. 

In order for warning messages to be timely and geographically targeted, it is imperative that the party responsible for disseminating the emergency notification have access to current and accurate subscriber information. Congress, in its wisdom, also recognized that timely and valid subscriber information is critical to the delivery of emergency warning messages when it adopted the Wireless Communications and Public Safety Act of 1999 (“the Act”).[3]  The Act specifically requires telecommunications carriers to provide subscriber information, including information pertaining to subscribers of other carriers and unlisted or unpublished information, on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms and conditions.[4]  This subscriber information is made available for the purposes of delivering or assisting in the delivery of emergency services, which include emergency notification services.[5]

Unfortunately, although the framework of the Act is firmly in place, the reality of obtaining timely and accurate subscriber information is another matter. In its efforts to broadly deploy its Emergency Warning and Evacuation (EWE)SM Service, and pursuant to the Act, SCC has requested subscriber data, as well as daily updates, from a number of  Incumbent Local Exchange Carriers (“ILECs”) that provide 9-1-1 service in particular regions.  SCC’s efforts have realized varied levels of success and, in some cases, have met with considerable resistance.

Despite the Act’s mandate, a number of ILECs have attempted to create legal impediments to inhibit SCC’s ability to acquire subscriber information under the Act.  Some ILECs have made only limited data available to SCC, while others have attached unreasonable conditions, such as onerous network standards, to SCC’s use of the data.  In addition, at least one ILEC has taken the position that state 9-1-1 statutes somehow preempt the Act and prevent the dissemination of 9-1-1 data. 

Economic barriers have been erected as well.  The Act requires ILECs to make subscriber information available to providers of emergency services and emergency support services at a reasonable rate.[6]  In order to be “reasonable,” the rate “should be cost-based” and “should be minimal in view of the fact that carriers already collect the required information.”[7]  Thus, ILECs may only collect rates based on the imputed costs of extracting the requested subscriber information from their data bases, and the imputed costs of delivering that data to the requesting emergency notification services provider.  As a 9-1-1 database manager for a number of ILECs, SCC is keenly aware of the costs associated with extracting and delivering subscriber information.  Yet, several ILECs have demanded exorbitant prices for subscriber information, attempting to create a profit center out of a straightforward data extract service.

It is critical that accurate subscriber information be readily available to emergency service providers so that early hazard warnings can disseminated in an effective and timely fashion to those in need.  ILECs should not be permitted to impose legal or economic conditions that undermine deployment of emergency notification systems and frustrate the purposes of the Act.  However, the roadblocks erected by ILECs and, in some cases, their refusal to provide subscriber information pursuant to federal do exactly that.

SCC recommends that NTIA consider ways to encourage ILECs to facilitate the provision of subscriber information pursuant to current law.  To this end, SCC would be pleased to provide additional information on this issue at upcoming NTIA fora and in future comment opportunities.

SCC again appreciates the opportunity to comment on the issues raised by the NTIA and other commenting parties in response to the questions listed in the public notice. 

 

Respectfully submitted.

SCC COMMUNICATIONS CORP.

 

 

 

By: /s/ Martha Jenkins

 

Martha Jenkins

Director, Regulatory Affairs

SCC Communications Corp.

1225 I Street, N.W., Suite 500

Washington, D.C.  20005

                                                                               202/312-2019


[1] SCC Communications Corp. (NASDAQ: SCCX) is the leading provider of 9-1-1 data management services to incumbent local exchange carriers, competitive local exchange carriers (“CLECs”), integrated communications providers, and wireless carriers in the United States.  SCC currently manages the records for approximately 93.5 million wireline telephone subscribers, including 4.1 CLEC subscribers, and more than 1.6 wireless subscribers.

[2] See “Notice of Public Meeting, Request for Public Comment Sought on All-Hazard Warning Network,” Federal Register Notice, Docket No. 000609173-0173-01, rel. June 23, 2000 (“Notice”).

[3]  Pub. L. No. 106-81, 113 Stat. 1286, sec. 5 (codified at 47 U.S.C. § 222(g)).

[4]  Id.

[5]  Id.

[6]  Id.

[7]               H.R. Rep. No. 106-25 at 16.