[Federal Register Volume 61, Number 150 (Friday, August 2, 1996)]
[Proposed Rules]
[Pages 40374-40377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19661]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102: FCC 96-264]


Enhanced 911 Emergency Calling Systems

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission adopts a Report and Order and Further Notice of 
Proposed Rulemaking regarding the availability of the advanced 
emergency capabilities of E911 systems to wireless service providers 
and customers. The Report and Order portion of this decision is 
summarized elsewhere in this issue of the Federal Register. The Further 
Notice of Proposed Rulemaking (FNPRM) seeks comment on a variety of 
relevant issues. The Commission also tentatively concludes that covered 
carriers should continue to upgrade and improve 911 service to increase 
its accuracy, availability, and reliability, and that a consumer 
education program should be initiated to inform the public of the 
capabilities and limitations of 911 service. This action is taken to 
ensure that E911 system performance keeps pace with the latest 
technologies.

DATES: Comments are due on or before August 26, 1996, and reply 
comments are due on or before September 10, 1996. Written comments by 
the public on the proposed and/or modified information collections are 
due by August 26, 1996. Written comments must be submitted by the 
Office of Management and Budget (OMB) on the proposed and/or modified 
information collections on or before October 1, 1996.

ADDRESSES: Federal Communications Commission, Washington, D.C. 20554. 
In addition to filing comments with the Secretary, a copy of any 
comments on the information collections contained herein should be 
submitted to Dorothy Conway, Federal Communications Commission, Room 
234, 1919 M Street, N.W., Washington, DC 20554, or via the

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Internet to [email protected], and to Timothy Fair, OMB Desk Officer, 
10236 NEOB, 725--17th Street, N.W., Washington, DC 20503, or via the 
Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Peter Wolfe, Wireless 
Telecommunications Bureau (202) 418-1310. For additional information 
concerning the information collections contained in this FNPRM, contact 
Dorothy Conway at 202-418-0217, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Further Notice of 
Proposed Rulemaking segment of the Report and Order and Further Notice 
of Proposed Rulemaking in CC Docket No. 94-102, FCC 96-264, adopted 
June 12, 1996, and released July 26, 1996. The Report and Order portion 
of this decision is summarized elsewhere in this edition of the Federal 
Register. The complete text of this decision is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C., and 
also may be purchased from the Commission's copy contractor, 
International Transcription Service, (202) 857-3800, 2100 M Street, 
NW., Suite 140, Washington, DC 20037. This FNPRM contains proposed or 
modified information collections subject to the Paperwork Reduction Act 
of 1995 (PRA). It has been submitted to the Office of Management and 
Budget (OMB) for review under the PRA. OMB, the general public, and 
other Federal agencies are invited to comment on the proposed or 
modified information collections contained in this proceeding.

Synopsis of Further Notice of Proposed Rulemaking

    1. In this Report and Order and Further Notice of Proposed 
Rulemaking, the Commission takes several important steps to foster 
major improvements in the quality and reliability of 911 services 
available to the customers of wireless telecommunications service 
providers. The Notice of Proposed Rulemaking initiating this proceeding 
may be found at 59 FR 54878, November 2, 1994. The Commission issues 
the FNPRM to develop additional means of ensuring that improvements 
made possible by technological advances are incorporated into E911 
systems. The FNPRM portion of the decision represents the Commission 
desire to ensure continuity of our dedication to new and innovative 911 
services by seeking comment on further refinements of the Commission's 
wireless 911 rules.
    2. The FNPRM first seeks comment on possible approaches to avoid 
customer confusion that could be generated by a system under which 
customers in the same geographic area may or may not be able to 
complete non-code identification 1 911 calls depending upon the 
practices of the various Public Safety Answering Points (PSAPs) serving 
that area. Specifically, the Commission requests comment regarding 
whether, within a reasonable time after the one-year period, PSAPs 
should no longer have the option to refuse to accept non-code 
identification 911 calls. Thus, covered carriers would be obligated to 
transmit all 911 calls to PSAPs.
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    \1\ The term ``non-code identification,'' when used in this 
decision in conjunction with 911 calls, means (1) in the case of 
calls transmitted over the facilities of a covered carrier other 
than a Specialized Mobile Carrier that is subject to the 
requirements of this Order, a call originated from a mobile unit 
which does not have a Mobile Identification Number (MIN); and (2) in 
the case of calls transmitted over the facilities of a Specialized 
Mobile Carrier that is subject to the requirements of this Order, a 
call originated from a mobile unit that does not have the functional 
equivalent of a MIN.
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    3.The Commission next tentatively concludes that covered carriers 
should continue to upgrade and improve 911 service to increase its 
accuracy, availability, and reliability, while also recognizing that 
our rules should ensure that covered carriers' development and 
application of new technologies for E911 services also contribute to 
the overall quality of service and range of services that carriers 
provide to all their customers. These efforts will ensure that the 
public benefits from technological innovations, through the application 
of those innovations to public safety needs.
    4. The Commission seeks comment on a range of related issues, 
including the following: (1) Should covered carriers provide PSAPs 
information that locates a wireless 911 caller within a radius of 40 
feet, using longitude, latitude, and altitude data, and that provides 
this degree of accuracy for 90 percent of the 911 calls processed? (2) 
Should wireless service providers be required to supply location 
information to the PSAP regarding a 911 caller within a certain number 
of seconds after the 911 call is made? (3) Should wireless service 
providers be required to update this location information throughout 
the duration of the call? (4) What steps could be taken to enable 911 
calls to be completed or serviced by mobile radio systems regardless of 
the availability (in the geographic area in which a mobile user seeks 
to place a 911 call) of the system or technology utilized by the user's 
wireless service?
    5. The Commission also tentatively concludes that a consumer 
education program should be initiated to inform the public of the 
capabilities and limitations of 911 service, and we seek comment 
regarding the scope of such a program and carrier obligations that 
could be established in connection with such a program. One purpose of 
such a program would be to address a concern that consumers currently 
may not have a sufficient understanding of technological limitations 
that can impede transmission of wireless 911 calls and the delivery of 
emergency assistance.

Administrative Matters

    6. Pursuant to applicable procedures set forth in Sections 1.415 
and 1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before August 26, 1996, and reply 
comments on or before September 10, 1996. To file formally in this 
proceeding, you must file an original plus four copies of all comments, 
reply comments, and supporting comments. If you want each Commissioner 
to receive a personal copy of your comments, you must file an original 
plus nine copies. You should send comments and reply comments to Office 
of the Secretary, Federal Communications Commission, Washington, D.C. 
20554. Comments and reply comments will be available for public 
inspection during regular business hours in the FCC Reference Center 
(Room 239), 1919 M Street, N.W., Washington, D.C. 20554.
    7. This is a non-restricted notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission Rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a).

Paperwork Reduction Act

    8. This FNPRM contains either a proposed or modified information 
collection. The Commission, as part of its continuing effort to reduce 
paperwok burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collections 
contained in this FNPRM, as required by the Paperwork Reduction Act of 
1995, Public Law No. 104-13. Public and agency comments are due at the 
same time as other comments on this FNPRM; OMB notification of action 
is due October 1, 1996. Comments should address: (a) whether the 
proposed collection of information is

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necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    OMB Approval Number:
    Title: Consumer Education Concerning Wireless 911.
    Form No.:
    Type of Review: New collection.
    Respondents: Cellular, broadband PCS, and certain SMR carriers 
subject to the proposed rule.
    Number of Respondents: 2,500.
    Estimated Time Per Response: 30 Minutes--1 Hour.
    Total Annual Burden: 1,562.5 Hours.
    Needs and Uses: The information will be used by consumers to 
determine rationally and accurately the scope of their options in 
accessing 911 services from mobile handsets.

Initial Regulatory Flexibility Act Statement

    9. As required by Section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in this document. Written public comments are requested on 
the IRFA. These comments must be filed in accordance with the same 
filing deadlines as comments on the rest of this Further Notice of 
Proposed Rulemaking, but they must have a separate and distinct heading 
designating them as responses to the Initial Regulatory Flexibility 
Analysis. The Secretary shall send a copy of this Further Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with paragraph 603(a) of the Regulatory 
Flexibility Act. Public Law No. 96-354, 94 Stat. 1164, 5 U.S.C. Section 
601 et seq. (1981).

Initial Regulatory Flexibility Analysis For Further Notice of Proposed 
Rulemaking

I. Reason for Action

    10. This FNPRM responds to the petition submitted by the Ad Hoc 
Alliance for Public Access to 911 to amend the Commission's Rules to 
require that all newly constructed mobile and portable units be 
equipped to select the strongest signal whenever a 911 call is placed. 
Telephone stations for wireless services are not adequately identifying 
caller location to permit a timely response by emergency services 
personnel and are not providing 911 service for all caller locations.

II. Objectives and Legal Basis for Proposed Rules

    11. One objective of this FNPRM is to collect additional 
information on the technical issues related to the improvement of 
wireless E911 services, including higher accuracy standards for the 
Automatic Location Identification (ALI), a latency period requirement, 
and the provision of 911 services without interruption where one 
wireless provider does not provide complete area coverage. Another 
objective is to collect information with respect to informing consumers 
what their wireless phones can and cannot do. A third objective is to 
determine whether all 911 calls should be transmitted without any 
preconditions.
    12. The proposed action is authorized under Sections 1, 4(i), 201, 
208, 215, 303, 309 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 201, 208, 215, 303, 309.

III. Description and Estimate of Small Entities Subject to the Rules

    13. The proposed changes in the regulations will apply to providers 
of cellular, broadband PCS, and geographic area 800 MHz and 900 MHz 
specialized mobile radio services, including licensees who have 
extended implementation authorizations in the 800 MHz or 900 MHz SMR 
services, either by waiver or under Section 90.629 of the Commission's 
Rules. However, the rule will apply to SMR licensees only if they offer 
real-time, two-way voice service that is interconnected with the public 
switched network.
    14. In the full text of this decision, we have estimated the number 
of small entities for each category, or else stipulated that all 
providers are small entities where we were unable to make an estimate. 
We request comment on whether these estimates should be improved or 
refined. We especially request comment on the number of small entities 
in the categories that we were unable to estimate, i.e., cellular 
service providers; PCS service providers in the D, E, and F Blocks; 800 
MHz geographic area SMR licensees; and providers of 800 MHz or 900 MHz 
geographic area SMR service pursuant to waiver or pursuant to Section 
90.629 of our rules.

IV. Reporting, Recordkeeping, and Other Compliance Requirements

    15. Commercial mobile radio services will be required to improve 
the accuracy and time of the identification of the location of mobile 
transmitters and to permit interoperability of their 911 service with 
those of their competitors and to provide consumer education materials. 
Equipment used for commercial mobile radio services will have to be 
capable of providing this information to the local telephone exchanges 
to which they are connected. Local telephone exchanges will incur costs 
storing and relaying this information to E911 public safety answering 
points. We request comment with respect to ways in which these proposed 
requirements can be modified to reduce the burden on small entities and 
at the same time meet the objectives of this proceeding.

V. Significant Alternatives Considered and Rejected

    16. The Commission concluded that it is also necessary to begin the 
task of exploring the need for further action to spur improvements in 
the features and delivery of the 911 and E911 services. We believe that 
continuing involvement of the Commission in developing rules that take 
the resources of small businesses into account as well as the public 
safety needs are in the public interest. Therefore, the Commission 
rejected alternative proposals that the future development of the E911 
technologies should be left to the market forces and the industry 
without the Commission's involvement.
    17. The Commission considered and rejected proposals that the rules 
should be expanded to apply to all providers of Commercial Mobile Radio 
Services (CMRS) because not all CMRS services are mass market voice 
services whose users expect to be able to use them to call 911. 
Specifically, the Commission believes that the costs of requiring local 
SMR services and 220 MHz licensees operating on 5 kHz channels to 
comply with the proposed rules would outweigh the benefits and 
application of the proposed rules to them, and would give them an 
incentive to eliminate their interconnection to the public network, 
which would not be in the public interest. Similarly, because it is not 
certain how multilateration Location and Monitoring Service (LMS) will 
develop, we concluded that it is premature to propose to require such 
licensees to provide E911 at this time. In the future if these wireless 
service providers not covered by the current rules develop into a 
mobile telephone

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service like cellular or broadband PCS, we may revisit this decision.
    18. The Commission considered and rejected proposals to adopt a 
specific technology for providing ALI, because we believe that various 
technologies are currently under development which can provide more 
advanced public safety technology than those that are currently 
available. The Commission also considered and rejected proposals to 
adopt rules to require a minimum latency period to locate 911 callers 
at this time, because the record is insufficient to determine the 
technical feasibility and the costs of implementing such requirements, 
especially the financial impact on small business entities. The 
Commission instead decided to seek comment on these proposals, 
including the benefits and feasibility of such requirements.

VI. Federal Rules That Overlap, Duplicate, or Conflict with These 
Proposed Rules

    19. There are no Federal rules which overlap, duplicate, or 
conflict with the rules we are proposing.

List of Subjects in 47 CFR Part 20

    Communications common carriers, Federal Communications Commission.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-19661 Filed 8-1-96; 8:45 am]
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