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Q&A

Maloney questions low-risk designation and testing protocol failures

New York City Council · Sep 9, 2026 · starts 2:04:16 · 1 min 44 sec

Council Member Maloney, citing her technology sector experience, asks why Motorola deemed the upgrade low risk and why OTI didn't push back. Barbera explains the low-risk designation was based on calls being rerouted during the change. Maloney urges reevaluating risk criteria and questions why the full rollout proceeded and why internal metrics didn't catch the error.

Carmen N. De La Rosa

Councilmember Maloney, followed by Riley.

Virginia Maloney

Thank you, Chair, and thank you, Commissioner, for your testimony.

Virginia Maloney

Firmware upgrades in other municipalities or in New York City have caused issues in the past.

Virginia Maloney

So why did Motorola...

Virginia Maloney

ROLA deemed this a low risk when we're dealing with emergency services, and why didn't OTI push back on that designation?

Lisa Gelobter

I will answer at a top level and then I can let DC Barbera speak to additional levels of detail.

Lisa Gelobter

As we mentioned earlier, there are hundreds of firmware upgrades in the course of a year.

Lisa Gelobter

Typically they are deemed low risk.

Lisa Gelobter

I think that

Lisa Gelobter

In this case, the thing that we have learned is we need to do a better job of understanding what the risk evaluation is.

Lisa Gelobter

But I will hand off to DC Barbera.

Barbera

Thank you.

Barbera

One of the key factors that's used in that risk evaluation is during the actual activity related to the change,

Barbera

Will calls for service be impacted?

Barbera

And because during this change, all call traffic was rerouted prior to the work happening, and there was no live traffic happening during that time period, it was deemed low risk because the traffic was routed to an alternate.

Barbera

location.

Barbera

At the completion of the change, the traffic was rerouted back and went under systematic testing over a period of time.

Barbera

But that's one of the factors that play into that low risk factor.

Virginia Maloney

I urge you after this to reevaluate the criteria that we're using to determine risk.