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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 in the Matter of Public Safety and Homeland Security Bureau

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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 in the Matter of Public Safety and Homeland Security Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Public Safety and Homeland Security Bureau ) Seeks Comment on Emergency Access to ) PS Docket No. 20-285 Wi-Fi Access Points and Spectrum for ) Unlicensed Devices Pursuant to Section 301 ) of Ray Baum’s Act of 2018 ) COMMENTS OF NCTA – THE INTERNET & TELEVISION ASSOCIATION Rick Chessen Neal Goldberg Danielle J. Piñeres NCTA – The Internet & Television Association 25 Massachusetts Avenue, NW – Suite 100 Washington, DC 20001-1431 (202) 222-2445 October 1, 2020 Table of Contents INTRODUCTION AND SUMMARY ........................................................................................... 1 I. CABLE BROADBAND OPERATORS REGULARLY OPEN THEIR WI-FI APS TO THE PUBLIC VOLUNTARILY IN EMERGENCIES ....................................... 3 II. WI-FI APS CANNOT BE USED FOR 911 SERVICES WHEN MOBILE NETWORKS ARE DOWN ................................................................................................ 5 A. Wi-Fi APs Cannot Route 911 Calls to PSAPs or Distinguish Between 911 Calls and Other Internet Traffic ....................................................................................... 5 B. Client Device Capabilities Hinder Streamlined Access to Wi-Fi Networks for 911 Calling .............................................................................................................. 7 C. Wi-Fi APs Are Not Capable of Delivering Location Information to PSAPs ......... 8 D. Other Challenges Also Would Impede 911 Calling Over Wi-Fi .......................... 11 III. WI-FI OPERATIONS ARE NOT BETTER SITUATED THAN MOBILE NETWORKS TO STAY CONNECTED DURING EMERGENCIES ............................ 12 IV. STATUTORY LIABILITY PROTECTIONS FOR WIRELESS AND IVOIP SERVICE PROVIDERS’ 911 ACTIVITIES MAY LEAVE WI-FI NETWORK OPERATORS EXPOSED ................................................................................................ 14 V. PRIVACY AND SECURITY CONCERNS ALSO PRESENT A BARRIER TO ENABLING WIDESPREAD 911 SERVICES OVER WI-FI APS IN EMERGENCIES............................................................................................................... 17 CONCLUSION ............................................................................................................................. 18 i Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Public Safety and Homeland Security Bureau ) Seeks Comment on Emergency Access to ) PS Docket No. 20-285 Wi-Fi Access Points and Spectrum for ) Unlicensed Devices Pursuant to Section 301 ) of Ray Baum’s Act of 2018 ) COMMENTS OF NCTA – THE INTERNET & TELEVISION ASSOCIATION NCTA – The Internet & Television Association (NCTA) comments herein on the public notice issued by the Public Safety and Homeland Security Bureau (Bureau) released September 1, 2020 (Public Notice).1 The Public Notice seeks comment, as directed in Section 301 of RAY BAUM’s ACT of 2018, on the public safety benefits, technical feasibility, and cost of making Wi-Fi access points (APs) and other unlicensed technologies available to the public for access to 911 service in emergencies when mobile service is unavailable.2 INTRODUCTION AND SUMMARY Cable broadband providers have for many years voluntarily opened operational Wi-Fi APs for registration and use by the public to provide Internet access at no cost during times of emergency, allowing people to remain connected to information and loved ones when they need it most. However, such access is limited by the technical capabilities of Wi-Fi infrastructure and 1 Public Safety and Homeland Security Bureau Seeks Comment on Emergency Access to Wi-Fi Access Points and Spectrum for Unlicensed Devices Pursuant to Section 301 of Ray Baum’s Act of 2018, Public Notice, PS Docket No. 20-285, DA 20-1003 (rel. Sept 1, 2020) (Public Notice). 2 Id. at 1. 1 end-user devices, as well as the impact of emergency circumstances on Wi-Fi networks. These comments describe how these limitations would make any requirement for Wi-Fi APs to open for automatic public access and provide 911 services in times of emergency when mobile networks are unavailable technically unworkable. Wi-Fi APs are equipped to provide Internet connectivity in emergency situations, but only after user registration, and only in locations where power and backhaul to those APs remain available. Notably, Wi-Fi APs lack mechanisms to facilitate 911 call routing and location services without the support of a mobile network, and in fact cannot distinguish between 911 calls or texts and other data traffic transiting the Wi-Fi network. First, Wi-Fi APs and networks lack direct connections to PSAPs and any mechanisms to identify, evaluate, or transmit actionable location information about a 911 caller to a PSAP—those activities require the participation of a functional underlying mobile network operator (MNO) network. When a device dials 911 over a Wi-Fi calling service, the call will either default to the underlying MNO network, or, if the MNO radio access network is down, the Wi-Fi AP can serve as an on-ramp for the Wi-Fi calling service to reach the underlying mobile core network to enable routing directly to a local PSAP. It is the Wi-Fi calling service or application, not the Wi-Fi AP, that transmits the user’s pre-registered emergency location with the call. Second, the Wi-Fi ecosystem’s decentralized array of service providers, access points, and devices lacks the capabilities to allow for automatic, secure identification and authentication of devices with Wi-Fi networks. Significant liability, privacy, and cybersecurity concerns would need to be addressed before automatic and unauthenticated connection capabilities could be built into Wi-Fi devices and equipment. Moreover, end users must affirmatively enable Wi-Fi calling on a device and with a Commercial Mobile Radio Service (CMRS) provider or application. 2 Broadband providers do not have control over the device or user’s settings or interactions with the underlying mobile service or application provider. Third, if a disaster or other phenomenon has disrupted power and backhaul for an MNO, it is likely that power outages and/or damage have also disrupted the ability of Wi-Fi APs to provide reliable connectivity. And unlike managed service provider networks, which maintain power back-up at network facilities, the vast majority of residential customers do not have any such back-up power to enable operation of Wi-Fi APs when power is out. In light of these significant limitations, NCTA urges the Commission to report to Congress that open access to Wi-Fi APs and the delivery of 911 communications services to the public over Wi-Fi APs are not technically or operationally viable and that, while Wi-Fi hotspots can provide much-needed connectivity in some areas where CMRS radio networks are disrupted, Wi-Fi cannot substitute for MNO core networks in delivering 911 calls. I. CABLE BROADBAND OPERATORS REGULARLY OPEN THEIR WI-FI APS TO THE PUBLIC VOLUNTARILY IN EMERGENCIES For many years, cable broadband providers have voluntarily opened their Wi-Fi networks for public use at no cost in areas affected by natural disasters and other emergencies. In these situations, cable providers typically ask new users to register with the AP before connecting to comply with the Wi-Fi protocol, to add security, and to allow persistent connectivity. Most recently, many NCTA members have enabled no-cost access to business and outdoor Wi-Fi hotspots during the COVID-19 pandemic.3 They have similarly offered free Wi-Fi access to 3 See Responding to the COVID-19 Outbreak, NCTA (2020), https://www.ncta.com/response (“Cable operators’ efforts include: opening Wi-Fi hotspots, pausing data plans, expanding internet access for low-income families and more.”). 3 communities affected by hurricanes, fires, and other natural disasters .4 Wi-Fi access can provide important Internet connectivity to the public that is not otherwise available. For example, individuals and families without broadband at home can use certain cable-provided hotspots today to engage in distance learning and telework, purchase groceries and other essentials, and search for jobs. These Wi-Fi hotspots also can facilitate connection to the Internet and Wi-Fi calling so that individuals impacted by natural disasters can access up-to-date weather and safety information, notify others of their whereabouts, or seek help. Cable broadband providers have offered voluntary no-cost Internet access during times of emergency to leverage existing Wi-Fi infrastructure for the benefit of consumers in need. Cable APs can provide access to the Internet and Wi-Fi calling for customers who have enabled those functions on their end-user devices through their carrier, the device’ settings, and/or through third-party applications. However, Wi-Fi networks are incapable of independently providing comprehensive voice- and text-to-911 emergency services when mobile networks are unavailable.5 When a user dials 911 from his or her device, even while using a Wi-Fi calling application, the call is routed and terminated to the appropriate PSAP by the application’s underlying mobile network provider and the Wi-Fi AP cannot independently identify or transmit 4 See, e.g., Comcast offers free WiFi, service tips for customers impacted by Hurricane Laura, Shreveport Times (Aug. 26, 2020, 12:37 PM), https://www.shreveporttimes.com/story/weather/hurricanes/2020/08/26/comcast-xfinity-free- wifi-prepares-hurricane-laura/3443575001/; Press
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