Mobile location information Location assisted response alternatives MAY 2010

Transcription

1 Mobile location information Location assisted response alternatives MAY 2010

2 Canberra Purple Building Benjamin Offices Chan Street Belconnen ACT PO Box 78 Belconnen ACT 2616 T F Melbourne Level 44 Melbourne Central Tower 360 Elizabeth Street Melbourne VIC PO Box Law Courts Melbourne VIC 8010 T F Sydney Level 15 Tower 1 Darling Park 201 Sussex Street Sydney NSW PO Box Q500 Queen Victoria Building NSW 1230 T F Commonwealth of Australia 2010 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Communications and Publishing, Australian Communications and Media Authority, PO Box Law Courts, Melbourne Vic Published by the Australian Communications and Media Authority

3 Executive summary 1 1. Objective and scope 3 VoIP location information 4 Guiding principles of the study 4 2. Introduction 5 History of regulatory consideration of MoLI 5 Impetus for the 2009 study 6 3. Mobile location technology 7 Limitations of mobile location technology 7 Specific techniques 7 Pushed MoLI versus pulled MoLI 9 Development of off-network sources of location information 9 Alternative location identification devices Australia s ECS model 11 Overview of emergency call handling process Australia s mobile carrier networks Implications for enhanced MoLI solutions Relevant legislation 15 Regulatory environment 15 The role of the ACMA 15 Provisions of the TCPSS Act and ECS Determination 15 Communications Alliance guidelines relevant to MoLI 16 Privacy ACMA s remit Overseas approaches to enhanced MoLI United States European Union (EU) 22 acma iii

4 Contents (Continued) 9. Assessing the demand for MoLI 26 ESO response to request for data 26 What MoLI and why? 27 ESO readiness for enhanced MoLI 28 Consumer expectations Alternative regulatory approaches Mandate high accuracy, ECS-specific obligation on mobile carriers Require carriers to provide available location information 32 Push model 32 Pull model Maintain existing mobile location obligations 37 Glossary 38 Appendix A Overview of mobile location techniques 41 Appendix B Australia s regulatory environment 49 Appendix C Proposed LBS pull model 50 iv acma

5 Executive summary This report considers the outcomes of the ACMA s study into whether there is an effective, consistent, mobile location solution for Australia s emergency call service that can cost-effectively meet demonstrated needs (the 2009 study). Using the outcomes from the (then) Australian Communications Authority s 2004 mobile location study Location, Location, Location (the 2004 study) as a base-line, this study focuses upon regulatory options available to the ACMA to enhance location information available from calls from mobile origins to the emergency call service (ECS). The 2009 study has confirmed and, if anything, reinforced the findings from the 2004 study that there is no single solution to enhancing location information for emergency calls from mobile handsets and that the degree of accuracy obtainable is a function of the location of the handset (metropolitan, regional, rural and remote) and the capability of: > the relevant carrier network > the handset making the call > the system capability of the emergency service organisation (ESO) providing the emergency response. The 2009 study has found that since the 2004 study, two major Australian carriers have implemented commercial location based services (LBS) and these improvements should be exploited to enhance the ECS. The report concludes that mandating a high-accuracy, ECS-specific location solution for all mobile calls to the ECS is not currently warranted on the basis that there is still no standard technological solution (and technologies are continuing to evolve), and there would be significant direct and indirect costs that would be incurred by the industry and consumers by mandating a single solution now. Further, it is estimated that even if the ACMA were to choose a particular technology, a solution for all calls could have an implementation timeframe of up to five years. Accordingly, the report recommends that the ACMA should commence a consultation process to amend the ECS Determination consistent with the following principles: 1/ Innovation by carriers in the area of automated mobile location discovery provides benefits to consumers and should be encouraged in a way that improvements in technology can also be exploited for emergency call services. Accordingly, commercially deployed location services should be made available to the ECS. 2/ A temporary exemption process should be available for carriers that have not deployed location based services. 3/ Automated location information should be delivered through a common system that has the flexibility to allow for further innovation and improvement, noting significant development will be required by carriers, the emergency call person (ECP) and emergency service organisations (ESOs) to provide enhanced location information upon request from an ESO (i.e. a pull model). It is recognised that this would represent a significant commitment by the telecommunications industry and that the consultation process which accompanies a acma 1

6 proposed amendment to the ECS Determination is the appropriate vehicle to address the detailed implementation issues. Further review/study The 2009 study also found that potential sources of location information associated with an emergency call from a mobile service are moving from the network that carries the call to the user device that may operate on the network, thus diminishing the role of the carrier in delivering real-time location information. With this in mind, it is recommended that a review be conducted within two years of implementing the enhanced location solution given effect by the previous recommendation, to identify any practical opportunities for further enhancement. Limitations on automated mobile location techniques Complementary research conducted by the ACMA indicates some consumers have unrealistic expectations about the capability of mobile location identification techniques, presuming these can provide pinpoint accuracy instantaneously anywhere in Australia. There is a risk that such incorrect assumptions, coupled with the provision of enhanced mobile location information (MoLI) to the ECS, could foster complacency about personal safety and encourage people to rely on mobile telephony as a safety device when other forms of safety equipment may be more appropriate. It is important that regulatory and related initiatives do not have the inadvertent effect of reinforcing such incorrect assumptions or of encouraging dangerous behaviours. It is considered that future triple zero awareness initiatives conducted by the Triple Zero Awareness Working Group should communicate the limitations of mobile technologies in providing accurate location information. 2 acma

7 1. Objective and scope The objective of the 2009 study was to establish whether there is an effective, consistent, mobile location solution for Australia s emergency call service, that will cost effectively address demonstrated needs. As an ancillary issue, enhanced location solutions for VoIP services were also considered. In scoping this work, the project team had regard to the fact that terrestrial mobile coverage is limited to approximately 27 per cent of the Australian land mass. This is an important consideration because for MoLI to be useful, mobile coverage must be sufficient to allow access to the ECS with clear enough reception to determine the nature of the emergency and the response required. Mobile location solutions are predicated on the ability to establish and maintain an emergency call. In the context of the ECS, mobile location information is used to assist emergency service coordination and dispatch. It is acknowledged therefore, that enhanced Mobile Location Information (MoLI) (i.e. greater than the accuracy provided through the Standard Mobile Service Area (SMSA) obligations in the current ECS Determination) could assist in situations where callers had mobile coverage but were unable to communicate their location 1 and this is the critical focus of this work. With this in mind, the project team identified the following categories of mobile callers to the ECS: Category One: Category Two: Category Three: Callers engaged in arguably high risk activities (i.e. bush walking, hiking) where mobile coverage may, at best, be fortuitous Callers engaged in day-to-day activities Callers with communications impairments. For Category One callers, it is acknowledged that there is a range of communications devices (i.e. emergency beacons) that can complement access to the ECS for attracting an emergency response. This category of callers is not considered in this study. For Category Three callers it is acknowledged that access to the ECS when away from home is problematic. One option could be to use SMS to provide access to the ECS for the speech and hearing impaired community. To this end, the ACMA has recently concluded that SMS access to the ECS for people with communications impairments is technically feasible and the results of the feasibility study have been communicated to the Minister. This study focuses on identifying whether a consistent technical solution exists that is capable of improving emergency call outcomes for those in Category Two individuals going about their day-to-day lives that have reason to summon an emergency response but are unable to communicate their location. This category represents those circumstances where mobile coverage is likely to be sufficient to allow access to the ECS with clear enough reception to determine the nature of the emergency and the response required. These considerations are impacted by the constraints of mobile network architecture: > the conventional location information inherent in networks was intended only for billing and routing purposes, and while it is increasingly being used for commercial 1 Information from ESOs indicates this represent one per cent of mobile callers to Triple Zero. acma 3

8 location based services, none of these functions need the degree of accuracy required for emergency service dispatch > some of the potential sources of location information are moving off-network and into the device (i.e. the handset) that operates upon the network, with location calculations sometimes performed by third parties. Carriers have little visibility of the capability of these applications. VoIP location information As an ancillary part of this work, the project team sought information to identify whether there was an effective, consistent, VoIP location solution that is commensurate with need and capable of translation to Australia s ECS. While individual vendors have promoted location information solutions for emergency calls from VoIP services, proposed solutions are not readily transferable to the Australian ECS model. Accordingly, the project team identified that there is little evidence of need to justify the significant expenditure required to deliver a consistent VoIP solution for the Australian ECS model at this time. Using IP addresses to discover location information also potentially raises issues that go beyond ECS related applications. The ACMA is aware that both the International Engineering Task Force (IETF) and the Institute of Electrical and Electronic Engineering (IEEE) have study groups currently working on technological solutions to issues presented by the use of VoIP telephony for contacting emergency call services. It is anticipated the output of these study groups will present an opportunity for viable approaches to VoIP location issues. In the interim, calls can be made and routed via fixed line carriage service providers (CSPs) and the Integrated Public Number Database (IPND) alternate location flagging process limits the uncertainty as to the geographic origin of calls for those VoIP services that have nomadic capability. Guiding principles of the study Finally, the project team developed the following principles to guide the 2009 study. > Quality of information ESOs should have access to the most accurate location information the network can provide for an emergency call (by querying the relevant network), and should benefit from carrier innovation. > Consistency and accessibility MoLI should be delivered through a competitively neutral common system to the ESOs and the ECP. > Legality Use of MoLI for emergency services must be consistent with relevant privacy legislation and the disclosure provisions of the Telecommunications Act 1997 (the Act). > Forward looking The MoLI solution adopted should be capable of incorporating a location solution for VoIP services when identified and be adaptable to further innovations as they arise. > Future proofing The MoLI solution should be adaptable to a National Broadband Network (NBN) environment where the current ECS model may change, and be able to accommodate evolutions in the approach to handling the personal and location information held within telecommunications networks. > Cost effectiveness and flexibility Any MoLI solution should seek a balance between minimising costs to the ECP, industry and ESOs, and exploiting the opportunity to obtain the most accurate MoLI available. 4 acma

9 2. Introduction Location information is a critical element in facilitating a timely and accurate response to an emergency call. Unlike emergency calls made using a fixed service, the precise location of emergency callers who use mobile phones is not automatically known or conveyed to the relevant ESO. Both the ECP and ESOs currently query a mobile caller verbally to specifically identify their location (or the location of the emergency) - a process that may be frustrating for the caller and adds to the time taken to dispatch emergency assistance. In situations where a caller does not know their location, or is unable or unwilling to convey their location, ESOs can experience significant delays in identifying the location of the caller. History of regulatory consideration of MoLI Recognising the importance of location information to emergency response, the (then) Australian Communications Authority (ACA) issued a discussion paper Location, Location, Location in January The paper: > sought to alert ESOs and the telecommunications industry to the potential applications of advanced MoLI technologies to the ECS > raised regulatory issues relating to MoLI > canvassed industry plans to implement MoLI technologies > expressed the view that while the availability of more accurate MoLI would undoubtedly enhance the call handling capabilities of ESOs, the need for more accurate MoLI was not apparent at that time. Submissions to the discussion paper confirmed that there was no single silver bullet, but there were emerging technologies that appeared promising, including networkbased approaches, handset-based approaches or a combination of the two. Submitters noted that the different approaches varied in cost and complexity, and would have different performance and accuracy capabilities. Following analysis of the submissions received, the ACA concluded that there were sufficient commercial incentives for carriers to introduce location techniques of their own volition and it was therefore premature to impose a single regulated technological solution specifically for emergency call purposes. This was similar to the approach adopted by the European Union (EU) in 2003, but in contrast to the United States (US) regulatory model, where the Federal Communications Commission (FCC) has made a requirement for mobile carriers to implement high accuracy location techniques and provide ESOs with MoLI within specific levels of accuracy. In the course of the recent ECS review (which addressed a range of issues relevant to the current operation of the ECS) submitters (particularly ESOs and organisations representing the interests of ESOs) again raised the need for improved MoLI. However, following analysis of submissions, the ACMA concluded that the complexity of the issue necessitated its separate consideration. This was heavily influenced by the cross-jurisdictional nature of the issue, and that the success of any initiative for enhanced location information would require complementary action and investment to be undertaken by the state and territory-based ESOs (which are outside the ACMA s regulatory jurisdiction). acma 5

10 Impetus for the 2009 study It is timely for the ACMA to re-examine the 2004 study as a matter of priority for a number of reasons: > The ongoing penetration of mobile services and the increased use of mobile services to make emergency calls have increased interest in enhanced MoLI. The number of calls received by ESOs from mobile phones in 2008/09 (2.6 million) has doubled since 2003/04 (1.3 million). In the 2008/09 reporting period, calls from mobile phones to the ECS accounted for 63 per cent of all calls, compared to 52 per cent in 2003/04. > Although the development of commercial Location Based Services (LBS) by Australian carriers has not occurred as quickly as expected, two of the three major mobile carriers now offer LBS to their customers (and to law enforcement agencies on a fee-for-service basis) that could also benefit the emergency response. > Public misconceptions about the location-finding capability of mobile technology appear more common. In a consumer survey conducted by the ACMA earlier this year, 51 per cent of respondents believed (incorrectly) they could be automatically located if calling Triple Zero from a mobile phone. These assumptions may be fostering the belief that mobile phones can be used as personal safety devices and resulting in the underestimation of risks associated with certain activities. 6 acma

11 3. Mobile location technology When the ACMA s predecessor reported on enhanced MoLI in 2004, there were techniques that used network-based information, handset-based information, or combined information from both of these sources. Aside from the advent of off-network location intelligence, this remains an accurate description of the general categories into which MoLI techniques currently fall. It is still the case that no single technology provides a perfect solution for all circumstances. Locating a mobile device, particularly for emergency service purposes, is more complex and less reliable than is often depicted in popular media. Location finding technologies have various characteristics that make them less or more suitable to given situations, and there are several factors which can affect the accuracy of mobile location information. Limitations of mobile location technology Mobile telecommunications networks were not designed as real-time tracking systems. The location information held within mobile networks was intended only for call routing and billing purposes. Mobile telecommunications networks are not capable of replicating the degree of location certainty associated with fixed networks. Specific techniques The paragraphs below describe the basic workings of location finding technologies, briefly summarising some alternative calculation techniques. This is not an exhaustive list but looks at the main methods currently available. More detailed descriptions can be found at Appendix A. Network based location information As the name suggests, network-based techniques calculate a mobile caller s location from information within the given telecommunications network. These techniques do not require specialised customer equipment they can be used with any handset provided a Mobile Subscriber Number (a telephone number) is presented with the call. Location information available within a network may be quite coarse, depending on the number of base stations in the vicinity of a caller. The most fundamental form of network location information is Cell Identification (Cell ID), which estimates the position of a handset according to the mobile base station carrying the call. Techniques for obtaining more precise positioning are based on calculations involving a number of base stations, with generally a minimum of three required for reasonable accuracy. These methods are often referred to collectively as Triangulation. Timing Advance is a further source of network information. It is not a location finding technique on its own, but can be used to enhance the accuracy of other measures. 2 It may be used, for example, to refine the results available from Cell ID. Network solutions have variable performance depending on available infrastructure and capacity. The degree of accuracy available from network MoLI can range from around 50 metres, typically in densely populated areas, to several hundred metres 3 or many kilometres in rural or remote areas. Any form of network MoLI becomes less accurate as the number of base stations within a given handset s vicinity decreases. 2 see Glossary for a definition of Timing Advance 3 Proceedings of World Congress on Engineering 2007 Vol II, WCE 2007, July 2-4, 2007, London, U.K. Combination of GSM and GPS signals for Mobile Positioning and Location Service Using Kalman Filter acma 7

12 Accuracy tends to be less reliable in outer suburban and rural areas where base station deployment is likely to be sparse. In built-up, populous areas, MoLI is generally of better quality, although capacity issues and obstructions to signal strength may still skew calculations and diminish the rigour of location information. Handset based location information Handset-based MoLI is referring to the use of satellite navigation and tracking systems by components within a mobile caller s handset. In practice, it is the Global Positioning System (GPS) that has become the ubiquitous source of satellite data for calculating estimated location. GPS is the common name of Navstar, a constellation of satellites owned by the United States Government and operated by the US Department of Defence. A device fitted with a GPS receiver can be located so long as there are sufficient satellites visible to the device. A minimum of three satellites is required to perform location calculations. Importantly, the GPS does not provide ready made location coordinates it provides signal measurements which are used to calculate location, usually expressed as geographic coordinates. This calculation process may be done by the GPS-enabled device or by a third party application or system. The GPS is a stand-alone system, independent of any particular telecommunications network and provides location data on a range of devices, or service providers via proprietary software loaded onto the mobile device. Surveying equipment, navigation devices, digital cameras and personal locator beacons are some of the products which utilise GPS receivers. With the integration of GPS receivers into certain high-end, smart mobile telephones, location data may be available on handsets so long as sufficient satellite signals can be read. The calculated position can be displayed on the screen of the handset either as text (in X, Y coordinate format) or as a point on a map. The map information on which coordinates are overlaid may be stored on the handset or accessed from a remote server and sent to the handset, as with certain web-based consumer services. In the Australian ECS environment, the X, Y coordinates would need to be communicated verbally to the ESO by the caller. The ease with which GPS data can be used in conjunction with telecommunications networks depends on the technology employed by the network. Global System for Mobiles (GSM) technology pre-dates the advent of the GPS, and for this reason, GSM protocols are not readily adaptable to utilising GPS data. Code Division Multiple Access (CDMA) technology, as used overseas, arrived after the GPS was in operation and its technical protocols were written so as to more easily accommodate the assimilation of GPS data. CDMA telecommunications networks can therefore readily exploit the location discovery potential of GPS measurements. For GSM networks, adaptation for GPS is possible, but it is more difficult, time-consuming and costly. GPS positioning can be effective outdoors, in areas where there are clear lines of sight to the orbiting satellites, and it can potentially provide more precise location information than network techniques. In favourable conditions the GPS receiver in a handheld mobile telephone could potentially achieve an accuracy level of ten to 20 metres. 4 However, it is less accurate and less reliable indoors, or in built-up areas, or in terrain where there are obstructions to satellite signals. The presence of high-rise buildings or mountainous terrain tends to reduce the accuracy of GPS location measurements. In addition, GPS is not always able to discern vertical location, meaning that in a multi-story building the floor from which an emergency call is originating cannot be determined with confidence. 4 see: Smithsonian Institute How GPS Works, 8 acma

13 Combining network and handset information A further method of obtaining enhanced MoLI combines GPS measurements with other sources of location data and other system resources. Referred to as Assisted GPS (A-GPS), these techniques improve the accuracy of GPS calculations by adding other location measurements to the calculation process. A-GPS also allows faster response times for obtaining a fix on handset location, and has been found to achieve accuracy of eight to 20 metres 5 with some handsets. Telecommunications network information, (such as Cell ID, timing advance measurements or triangulation), is one way in which GPS handsets may be assisted. However, assistance can also be provided by other parties, such as handset and device vendors (Vendors) or consumer application providers. These third parties may aggregate various sources of location intelligence in conjunction with GPS data. 6 The ability to automatically exploit A-GPS for the purpose of locating an emergency caller therefore depends on whether the assistance is network based. Where third parties are providing the assistance, the availability of a data link may be the key factor in obtaining location assistance for GPS. If a caller is using a roaming arrangement to access a telecommunications network, the roaming agreement will need to include data services to obtain third-party assistance. Alternatively, if a user s network is still in the process of rolling out data capacity, there may be parts of the network where a data link is not accessible, such as more remote and less populated areas. The availability of assistance also clearly depends on whether there is network coverage in the area where the handset is located. This factor applies whether the network is directly providing the assistance, or is simply acting as a wireless link to an internetbased location service. In either case, improved accuracy will only be available where there is network coverage. Pushed MoLI versus pulled MoLI Regardless of the technique used to determine location, information may be provided to ESOs on a pushed or pulled basis. Pushed MoLI refers to the case where location data is collected during the call set-up process for every call and transmitted up front, with other call data. In the case of pulled MoLI, location data is sought after the call is initially connected to the ESO, through an electronic query of the handset location initiated by the ESO only when additional automated location information is required. Development of off-network sources of location information The evolution of the location based services market has seen the development of additional sources of location intelligence. Vendors are building and expanding their own location capabilities in order to increase the consumer appeal of the handsets they produce. Vendors now have location servers that can interact with their GPSenabled handsets and make location calculations, independently of the telecommunications network a consumer may subscribe to. Third parties, such as internet-based service providers may access this location intelligence to deliver consumer applications, like social networking services, shopping directories or navigation services. Nokia, Blackberry, Apple and Google, for example, all harvest and provide location information, 7 through their devices, applications and servers. Social networking sites such as Twitter are starting to integrate location data into their service 5 GIS and Science, July 15, 2009: Accuracy of iphone Locations: A Comparison of Assisted GPS, WiFi and Cellular Positioning Paul A Zandbergen 6 Telling the user where to go Mobile Communications International Issue 161, October Telling the user where to go Mobile Communications International Issue 161, October acma 9

14 offerings, 8 raising questions about the possibility and plausibility of using social media for emergency service purposes. In these arrangements, telecommunications operators may act only as the mobile internet access point, and have no visibility of the location information being utilised. These location intelligence sources may not only be off-network but could even be off-shore. Alternative location identification devices In areas where mobile telecommunications coverage is intermittent or not available, other forms of location identification are possible. Personal locator beacons (PLBs) can be used to improve the safety of people in remote areas engaging in activities that are potentially high risk. PLBs are a form of distress radio beacon that transmit signals on an internationally agreed radio frequency set aside for search and rescue operations. They carry a unique identification code, pre-registered with relevant safety authorities, and upon activation an alert is sent to the appropriate rescue coordination centre. For most PLBs in use, the tracking system can calculate location to within about five kilometres. However, there are some equipped to send additional location information incorporating GPS functionality, which increases their accuracy to within approximately 120 metres. 8 see: Geo-location Coming to Twitter and its External Applications, Juan Carlos Perez, PCWorld, 21 August acma

15 4. Australia s ECS model Under the existing arrangements, emergency calls are initially handled by one of two ECPs. The Telecommunications (Emergency Call Person) Determination 1999 specifies that Telstra is responsible for providing the ECS for numbers Triple Zero (000) and 112, and the National Relay Service (NRS) provider is responsible for providing the ECS for number 106. At present the provider of the NRS is Australian Communication Exchange Limited (ACE). The Telecommunications Numbering Plan 1997 specifies three emergency telephone numbers for use in Australia. Triple Zero (000) is the primary emergency number and 112 and 106 are specified as secondary emergency numbers. 106 is for use by people who are deaf or have a speech/hearing impairment. A central tenet of the Australian ECS model is that access to the ECS is free of charge from any emergency telephone service (which includes fixed, mobile, payphones and some location independent services). Overview of emergency call handling process The ECP acts as the initial answering point for calls, and connects emergency calls to the ESO requested by the caller. An important aspect of this process is the call-taker establishing the location of the caller so the correct state-based ESO can be contacted. This is done, for fixed services, through a computer system called ECLIPS (Enhanced Calling Line Identification Processing System) which uses information from the IPND. This is an effective system for fixed location services because address information in the IPND can be reliably associated with service numbers identified through their Calling Line Identification (CLI). For nomadic services (i.e. mobile or VoIP services) this is done by verbally querying the caller for location information. It is acknowledged that verbal questioning is subject to limitations if a caller is confused or disoriented, or if contact is lost prior to the caller providing accurate location information. In cases where location cannot be provided by the caller using a mobile phone, SMSA data is used to connect the call. SMSA 9 is a broad geographic area which can be used by the ECP to identify the appropriate state or territory ESO answering point for a call. SMSA codes follow a standardised format that has been agreed between carriers and therefore can be readily added to the data transmitted with an emergency call. This is an efficient process and in some cases may provide guidance as to the general location of a caller. However, in most cases SMSA data is not precise enough to assist ESOs with identifying a location that can be used for service dispatch. 9 See Glossary for a further definition of Standard Mobile Service Area acma 11

16 Figure 1 Overview of flow of an emergency call Subject to Emergency Call Service Determination (Carriers, Carriage Service Providers, and ECP) Not subject to ECS Determination (State and Territory ESOs) Emergency Call Person (000, 112) Emergency Police, Fire or Ambulance? Emergency Service Organisation Connecting you through Caller Voice Network voice data ESO Network ECLIPS Database ECP operator ESO operator In the figure above, 10 it is important to note that ECS regulation is largely concerned with matters left of the dotted line and does not deal with matters once they are within the ESO domain. These are largely outside the ACMA s jurisdiction. That said, endusers experience the ECS as an end-to-end service. The ACMA contributes to broader ECS issues through engagement with bodies such as ECSAC, and through its role of providing advice to government on issues of particular interest. 10 See Calling the Emergency Call Service Review of Arrangements, ACMA 2008 ( 12 acma

17 5. Australia s mobile carrier networks Implications for enhanced MoLI solutions The following chapter provides a snapshot of the Australian mobile industry with a view to determining the capability inherent in Australian mobile networks to deliver enhanced location solutions for the Australian ECS model. While Australian terrestrial telecommunications networks may be broadly similar in their use of GSM technology, each has evolved with different deployments based on internal commercial imperatives. Australia has three mobile carriers operating four networks, all utilising GSM technology in both 2G and 3G 11 configurations. There are currently no CDMA networks deployed in Australia, which has implications for the use of GPS data in conjunction with mobile location services. As discussed in Chapter Three, CDMA networks are more readily able to assimilate GPS data than GSM networks. However, Telstra s Next-G network employs Wideband CDMA (WCDMA), a system which combines the CDMA air interface with GSM based networks. Optus and Telstra both have been operating networks for a number of years and the recently merged Vodafone-Hutchison Australia (VHA) is in the process of integrating its two separate networks. Competition also exists between vendors of telecommunications network equipment, such as Ericsson and Nokia-Siemens, and carrier choices of vendor add a further element of idiosyncrasy to the capabilities of individual networks. Australian telecommunications infrastructure also includes satellite based communication services, provided through operators such as Globalstar and Iridium, which connect to ECS services via terrestrial GSM (2G) networks. Australian population coverage by terrestrial mobile telecommunications networks is approximately 99 per cent, depending on the carrier providing the service. However, the land mass coverage represented by these figures is less than 30 per cent with boosted in-car reception, and even less for reliable handheld reception. A broad range of handsets and mobile devices are available to Australian consumers through various global handset vendors, in 2G and 3G formats as well as smart phones with enhanced converged capability. In relation to GPS-enabled handsets, Nielsen market research estimates, as of mid 2008, only about 25 per cent of handsets in use in Australia have GPS navigation capability, but even fewer consumers actually initialise the functionality. 12 Roy Morgan research 13 estimates only about five per cent of users activate the GPS application of their handsets. GPS applications in handsets tend to drain battery life and generate high data charges, which perhaps discourages consumers from activating them. As was anticipated in the ACA s 2004 report, some carrier operated location services have emerged in Australia, with two major carriers offering commercial location based services that utilise network based location techniques. 11 see Glossary for definition of 2G and 3G technology 12 Nielsen Online, The Australian Internet and Technology Report, February Roy Morgan Single Source, Australian consumer research data, April-June 2009 acma 13

18 These services are provided on an opt-in basis and could include offerings like notifying your friends and family of your location or helping a business identify which mobile service representative is closest to a customer s location. While the pricing structure is a function of the type of service/package of services offered, the pricing reflects the value-added nature of the service. The commercial location based services of Australian carriers currently use either Timing Advance enhanced Cell ID or triangulation calculations based on the number of base stations available to a handset at the given time. In addition, there is some exploration of a very limited graduated integration of GPS functionality to enhance the service experience of the small number of customers who have activated with GPSenabled devices. In the case of Australian carriers, the information available within their networks regarding the location of a handset is sourced using the caller s Mobile Subscriber Number (MSN), their telephone number, as the data key. If no MSN is transmitted with a call, the location information that would normally be available cannot be ascertained. For emergency calls, lack of MSN can occur if a handset contains no Subscriber Identity Module (SIM or USIM), if a handset is using national or international roaming, or in certain circumstances where a handset is network locked (i.e. can only be used on a specific network due to commercial arrangements). Law enforcement agencies (LEAs) currently make use of the mobile location information at the disposal of Australian carriers under the provisions of Section 287 of the Telecommunications Act 1997 (the Act). ESOs can utilise these provisions, which are managed by the police services in each state and territory, to the extent that an emergency call meets the requirements set out in the Act. In these instances, ESOs have specific authorisation processes in place to ensure the circumstances of the call meet the provisions of the legislation. Once authorisation for a location request has been granted, carriers will seek the location of the relevant handset using the same technology employed in their commercial location based services. In relation to law enforcement provisions, section 314 of the Act entitles carriers to recover costs associated with the delivery of these location services, and charges are typically less than 20 cents per query. Existing regulatory arrangements in Australia require emergency roaming to be available. This means that in areas where there is no network coverage for a caller s subscribed network, the caller can use any other available network for emergency calls. This ensures that emergency call services can be accessed so long as there is at least one carrier network present. While this allows greater access to the ECS, there are certain limitations associated with emergency roaming in relation to caller identification and handset location. Mobile networks cannot associate an MSN with a handset that has roamed on to another mobile network. Instead, network default numbers (default CLI) are substituted into the fields normally used to capture a caller s MSN. The result is that data keys usually used to look up handset location are not available when a caller is not using their subscribed network. Through Communications Alliance Working Committee 19 (WC19) vendors, carriers and the ACMA are working together to investigate why default CLI occurs during emergency calls and whether the instances of default CLI can be reduced. This process is ongoing. 14 acma

19 6. Relevant legislation The ECS is an operator-assisted service that connects callers to an ESO in a lifethreatening or time-critical situation. Access to the ECS is provided free of charge to all callers from a standard telephone service (defined at section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999), which broadly speaking includes any fixed (including payphone), mobile or two way VoIP service. Regulatory environment The Australian telecommunications regulatory regime is principally focused on facilitating a competitive and increasingly self-regulated industry to meet the needs of the Australian community. The objects of the Act relevant to this issue are outlined at Appendix B. The role of the ACMA The ACMA regulates and monitors certain aspects of the ECS under primary legislation namely the Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act) and the Telecommunications Act 1997 (the Act) and through two subordinate legislative instruments: 1/ Telecommunications (Emergency Call Service) Determination 2009 (the ECS Determination) 2/ Telecommunications (Emergency Call Persons) Determination 1999 (the ECP Determination). The ECS Determination places obligations on carriers, carriage service providers (CSPs), and ECPs. The ECP Determination specifies the ECPs as Telstra (for the emergency service numbers 000 and 112) and the National Relay Service provider (currently Australian Communication Exchange Ltd (ACE) for the emergency service number 106). ESOs operate under state and territory government jurisdiction and are not within the ACMA s regulatory remit. Provisions of the TCPSS Act and ECS Determination The following provisions of the TCPSS Act and the ECS Determination are relevant to the treatment of this issue > Section 147 of the TCPSS Act requires the ACMA to make a written determination in relation to emergency call services and that in making this determination, the ACMA must have regard to, among others, the following objectives: > the ECP should, if appropriate, give information in relation to such calls to an appropriate ESO; > that ESOs should not be charged for services provided by the ECP by way of giving information in relation to emergency calls to an ESO; > that carriage services used to make calls to an emergency service number should, as far as practicable, provide the ECP with automatic information about the location of the caller; > that, as far as practical, a common system is used to transfer calls made to an emergency service number to an ESO and give information in relation to such calls to an ESO; and > that calls made to an emergency service number are transferred to an appropriate ESO with the minimum of delay. acma 15

20 > Section 49(3) of the ECS Determination provides that a carriage service provider must give the ECP relevant location information in accordance with Industry Guideline ACIF G557:2007 Standardised Mobile Service Area and Location Indicator published by Communications Alliance as in force from time to time. 14 No existing provisions in current legislation or regulation require carriers to provide MoLI to a level of accuracy greater than the relevant SMSA code. Charging ESOs for MoLI Regardless of the approach adopted, carriers charging ESOs for enhanced MoLI would present regulatory challenges, even on a cost recovery basis. To amend the ECS Determination to allow the carriers to charge for MoLI would be inconsistent with the objectives in subparagraphs 147(2)(c)(iii) and 147(2)(d)(iii) of the TCPSS Act. Under these provisions the ACMA must have regard to the objectives that ESOs should not be charged by the ECP for the services by way of giving information in relation to calls to an emergency service number to an ESO, or for carriage services used to give information in relation to calls to an emergency service number to an ESO. Communications Alliance guidelines relevant to MoLI The Industry Guideline referred to in section 49(3) of the ECS Determination (G557:2007) is merely a register that defines the SMSA for use in the interim signalling of MoLI together with the corresponding 3 digit code. Industry Guideline, G606:2002 SMSA Register Management Processes, defines the processes and procedures for managing and maintaining this SMSA Register. Another Industry Guideline, G530:1999 Mobile Location Indicator for Emergency Services Stage 1 Service Description Interim Mobile Location Indicator, defines an interim solution to provide some MoLI. It requires mobile carriers to append a three digit code, representing the SMSA of where the call originated, to the dialled emergency number and carry it across the point of interconnection to the ECP. The intention of this interim MoLI is to provide an indication to the ECP of where the call originated and reduce the possibility of error in allocating an emergency call to the required ESO. The vision for MoLI, as stated in the Guideline, is to develop a standard approach for full MoLI which will provide increased accuracy, although it is also recognised in the guideline that a full MoLI solution may require additional infrastructure in the mobile carrier s network and additions to handsets. Privacy A key issue in the consideration of potential high accuracy mobile location technologies is the protection of personal privacy. Location information is particularly sensitive and has intrusive consequences on an individual s privacy if misused. For example, there is potential for location information to be used to harass consumers with unwanted messages or to track people without their consent. Legislative provisions The privacy of customer location data is governed by the Privacy Act 1988 (the Privacy Act) and Part 13 of the Act. The Privacy Act requires the protection of personal information (including collection, use and disclosure), which would include activities associated with caller location information. 14 The exposure draft of 2009 ECS Determination reproduces this provision at subsection 48(3). 16 acma

21 These privacy protection requirements are additional to those in telecommunications legislation, and allow for the development of privacy codes, which must provide equivalent or better protection for individuals than that provided by the National Privacy Principles (NPPs). The ACMA is required to consult with the OFPC before registering any industry code that has privacy implications. The use of telecommunications customer data is governed by Part 13 of the Act. Location information is specified in section 275A of the Act and is included in the information which Part 13 protects from disclosure. Part 13 prohibits the disclosure of customer information by carriers and carriage service providers, except in certain specified circumstances. The relevant exceptions to the prohibition on the disclosure of information and documents in the context of emergencies are: > for a call to an emergency number (section 286) > being reasonably necessary to prevent a threat to a person s life or health (section 287). MoLI for commercial purposes A clear distinction can be drawn between the use of MoLI functionality for emergency services purposes and for commercial purposes. The introduction of commercial LBS has required the telecommunications industry to satisfy privacy obligations arising from the Privacy Act and Part 13 of the Act. Consistent with current privacy legislation, the use of MoLI for commercial purposes should be provided on an opt-in basis only, to prevent the use or disclosure of location information without a customer s express prior authorisation. Carriers that provide commercial LBS operate within privacy and telecommunications regulatory policy. For example, they inform their customers about the collection of their personal (including location) information, how it is handled and to whom it is passed. The individual s consent is sought if the data is to be disclosed to other parties. MoLI for emergency services purposes With respect to the emergency call service where situations may be life threatening or time critical the privacy implications that relate to commercial services do not apply. That is, the well-being of the emergency caller takes priority over traditional privacy concerns (for instance, calling number display blocks are overridden for calls to triple zero). Accordingly, should enhanced MoLI be mandated, it would be provided by carriers to the ESO and the ECP ECLIPS Database via the ECP data network irrespective of any preference by the calling party relating to the use of location information for non-emergency purposes. This process governs the existing MoLI obligations on mobile carriers contained in the ECS Determination and is consistent with section 286 of the Act, which permits the disclosure of location information for purposes connected with dealing with a call to an emergency service number. Respondents to the 2004 study (including the Federal and Victorian State Privacy Commissioner), held the consistent view that the circumstances in which consent could be overridden should be strictly limited and authorised by law. There was consensus that it would be in the public interest to automatically override an individual s choice for the purpose of responding to an emergency call. This view is also consistent with the EU privacy policy where the absence of consent can only be overridden for the specific purpose of responding to the emergency call. acma 17