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������Ƶ's Open Technology Institute filed with Public Knowledge, Access Humboldt, the Benton Institute for Broadband and Society, and the Center for Rural Strategies urging the Federal Communications Commission (Commission) to consider and address the harms to consumers that could come with the upcoming 3G sunset. The public interest groups filed the comments in response to a Petition for Emergency Relief filed by the Alarm Industry Communications Committee discussing the damage the ending of 3G services could have on alarm services for customers nationwide. An introduction and summary is available below:

Public Knowledge (“PK”), Access Humboldt, the Benton Institute for Broadband and Society (“Benton”), the Center for Rural Strategies (“CRS”), and the Open Technology Institute (“OTI”), respectfully submit these comments in response to the Federal Communication Commission’s public notice seeking comment on the Alarm Industry Communications Committee (“AICC”) Petition for Emergency Relief filed on May 10, 2021 (“AICC Petition”).

PK and the other signatory organizations support the ongoing transition from 3G wireless networks to next generation 4G and 5G networks, but we join the AICC in its concern that the current timetables for the shut-down of 3G networks may not be in the public interest. This is particularly true in light of the ongoing resurgence of Covid-19 and the uncertainty created by the emergence of Delta and other variants. It is simply unreasonable in these circumstances to assume that the alarm industry – or other stakeholders such as rural wireless carriers reliant on 3G networks for roaming – can transition based on a “take it or leave it” timetable devised by the nation’s largest carriers based on business considerations rather than based on the public interest. In fairness, it is not the job of private carriers to make public interest determinations to protect other companies, some of whom are commercial rivals. Congress has given that job to the Federal Communications Commission (“FCC” or “Commission”). As such, the signatories urge the FCC to assert its authority and jurisdiction over the 3G transition to gather information from stakeholder parties and mediate a reasonable timetable for the shut-down of 3G wireless networks.

As stated by AICC, the shut-down of 3G wireless networks used by central station alarm and personal emergency alert services, without sufficient time to upgrade and retrofit hardware to be 4G or 5G compatible, poses a concerning public safety risk. In addition, an unmediated transition has the potential to harm vulnerable groups of consumers that disproportionately still rely on 3G services and wireless network competition. While many of these harms can be mitigated, network operators have not deviated from their original timetables for shut-down despite the significant disruptions and changed circumstances caused by the global COVID-19 pandemic.

As such, the Commission can, and should, exercise its authority to mediate conflicts between parties such as AICC members and AT&T, mitigate harms to consumers, and protect the public interest. In doing so, the Commission can promote the smooth transition to 4G and 5G networks by ensuring that 3G networks are taken out of operation in a safe and orderly manner.