[Federal Register Volume 63, Number 11 (Friday, January 16, 1998)]
[Rules and Regulations]
[Pages 2631-2637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-708]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102, FCC 97-402]


Wireless Compatibility With Enhanced 911 Emergency Calling 
Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule, petitions for reconsideration.

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SUMMARY: The Federal Communications Commission has adopted a Memorandum 
Opinion and Order in the wireless Enhanced 911 (E911) rulemaking 
proceeding, reaffirming its commitment to the rapid implementation of 
technologies needed to bring emergency help to wireless callers 
throughout the United States. The action is taken to resolve petitions 
for reconsideration of the rules adopted in the First Report and Order 
concerning the availability of basic 911 services and the 
implementation of E911 for wireless telecommunications services. The 
primary goal of this proceeding is to ensure that reliable, effective 
911 and E911 service is available to wireless users as soon as 
technologically possible. The limited revisions to the Commission's 
rules adopted in this decision are intended to remedy technical 
problems raised in the record. This Memorandum Opinion and Order 
contains proposed 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 information collections contained in this proceeding.

EFFECTIVE DATE: The definition of ``designated PSAP'' in Sec. 20.3, and 
Secs. 20.18(a), (b), (c), and (g) become effective January 16, 1998. 
The remaining rule amendments become effective February 17, 1998. 
Written comments on the proposed or modified information collections by 
the public are due January 20, 1998. Written comments must be submitted 
by the OMB on the proposed information collections on or before 
February 10, 1998.

ADDRESSES: A copy of any comments on the information collections 
contained herein should be submitted to Judy Boley, Federal 
Communications Commission, Room 234, 1919 M Street, N.W., Washington, 
D.C. 20554, or via the Internet to [email protected], and to Timothy Fain, 
OMB Desk Officer, 10236 NEOB, 725-17th Street, N.W., Washington, D.C. 
20503, or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Won Kim or Dan Grosh, Policy Division, 
Wireless Telecommunications Bureau, at (202) 418-1310. For additional 
information concerning the information collections contained in the 
Memorandum Opinion and Order, contact Judy Boley at 202-418-0214, or 
via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the memorandum Opinion 
and Order (MO&O) in CC Docket No. 94-102, FCC 97-402 , adopted December 
1, 1997, and released December 23, 1997. The complete text of this MO&O 
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 Services, at (202) 857-3800, 1231 20th 
Street, N.W., Washington, D.C. 20036.

Synopsis of the Memorandum Opinion and Order

    1. In this MO&O, pursuant to Section 1.429 of the Commission's 
Rules,1 the

[[Page 2632]]

Commission made limited revisions to its rules by (1) modifying basic 
911 rules to require wireless carriers to transmit all 911 calls 
without regard to validation procedures and regardless of code 
identification; (2) temporarily suspending enforcement of the 
requirement that wireless carriers provide 911 access to customers 
using TTY devices until October 1, 1998, but only for digital systems 
that are not compatible with TTY calls and subject to a notification 
requirement; (3) modifying the definition of ``covered Specialized 
Mobile Radio (SMR)'' service for E911 purposes to include only 
providers of real-time, two-way interconnected voice service the 
networks of which utilize intelligent switching capability and offer 
seamless handoff to customers, and to extend this definition to 
broadband Personal Communications Services (PCS) and cellular service 
as well as SMR providers; and (4) clarifying the Phase I requirement 
for call back numbers and modifying associated rule definitions. The 
Commission also reemphasized that its 911 rules are intended to be 
technology-neutral, and to encourage the most efficient and effective 
technologies to report the location of wireless handsets, the most 
important E911 feature both for those seeking help in emergencies and 
for the public safety organizations that respond to emergency calls.
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    \1\ See Section 1.429(b) of the Commission's Rules, 47 CFR 
1.429(b).
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    2. On June 12, 1996, the Commission adopted a First Report and 
Order (R&O) and a Further Notice of Proposed Rulemaking in this 
proceeding, establishing rules requiring wireless carriers to implement 
911 and enhanced 911 (E911) services. 2 The Commission 
received 16 petitions for reconsideration of the R&O. In the MO&O, the 
Commission resolved issues raised in the petitions for reconsideration 
or clarification of the rules adopted in the R&O.
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    \2\ See 61 FR 40348; 61 FR 40374 (August 2, 1996).
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    3. For basic 911 services, the MO&O first reviewed the rules that 
require wireless carriers to transmit 911 calls from all handsets with 
a ``code identification'' without validation and to transmit all 911 
calls, even those without code identification, if requested to do so by 
a Public Safety Answering Point (PSAP) administrator.3 Based 
on the record of this reconsideration proceeding, the Commission 
revised the rules by requiring covered carriers to forward all 911 
calls, without regard to validation procedures and regardless of code 
identification. Accordingly, the Commission deleted the definitions of 
``code identification'' and ``mobile identification number'' from the 
Commission's Rules. The Commission also eliminated the PSAP choice to 
selectively receive wireless 911 calls, while generally reaffirming 
basic 911 requirement schedules.
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    \3\ ``Code Identification'' was defined in section 20.03 of the 
Commission's Rules to mean a handset that transmits the 34-bit 
Mobile Identification Number (MIN) typically used by cellular or PCS 
licensees, or the functional equivalent of a MIN in the case of SMR 
services.
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    4. The MO&O also reexamined the requirement that, no later than 
October 1, 1997, covered carriers be capable of transmitting 911 calls 
from individuals with speech or hearing disabilities through means 
other than mobile radio handsets, such as through the use of Text 
Telephone Devices (TTYs). Based on the record in the reconsideration 
proceeding, the Commission modified the Section 20.18(c) TTY 
implementation deadlines for analog wireless systems and digital 
wireless systems. For analog systems, the implementation deadline is 
December 1, 1997, the expiration of the stay of the rule.4 
For digital systems, the Commission decided to temporarily suspend 
enforcement of the TTY requirement until October 1, 1998, subject to 
conditions that protect consumers, encourage compliance, and ensure 
minimal delay.
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    \4\ The October 1, 1997 implementation date for section 20.18(c) 
of the Commission's Rules was temporarily stayed until November 30, 
1997. See Revision of the Commission's Rules To Ensure Compatibility 
with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, 
Order, DA 97-2119 (released Sept. 30, 1997).
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    5. Under the revised rules, carriers whose digital systems are not 
compatible with TTY calls must make every reasonable effort to notify 
current and potential subscribers that they will not be able to use 
TTYs to call 911 with digital wireless devices and services. In 
addition, wireless industry associations and consumer groups are 
required to file quarterly progress reports on efforts and achievements 
in E911-TTY compatibility, including efforts made to implement the 
notification requirements. Based on these quarterly status reports, the 
Wireless Telecommunications Bureau, under delegated authority, may 
extend the suspension of enforcement of section 20.18(c) for an 
additional three months, until January 1, 1999, if necessary.
    6. In the MO&O, the Commission concluded that the ``covered SMR'' 
definition adopted in the R&O is overinclusive with respect to certain 
types of SMR systems and should be narrowed to include only those 
systems that will directly compete with cellular and PCS in providing 
comparable public mobile interconnected service. Accordingly, the 
Commission modified its rules to change the definition of ``covered 
SMR'' for 911 purposes to include only providers of real-time, two-way 
interconnected voice service the network of which utilize intelligent 
switching capability and offer seamless handoff to customers, and to 
extend this definition to broadband PCS and cellular as well as SMR 
providers.
    7. In addition, under the revised rules, ``covered'' SMR systems 
that offer dispatch services to customers may meet their 911 and E911 
obligations to their dispatch customers either by providing customers 
with direct access to 911 services, or alternatively, by routing 
dispatch customer emergency calls through a dispatcher. A covered 
carrier who chooses the latter alternative for its dispatch customers 
must make every reasonable effort to explicitly notify current and 
potential dispatch customers and their users that they will not be able 
to directly reach a PSAP by calling 911 and that, in the event of an 
emergency, the dispatcher should be contacted.
    8. As to E911 Phase I requirements and implementation schedule, the 
Commission upheld its decision to require that, as of April 1, 1998, 
covered carriers be able to provide automatic number identification 
(ANI) and cell site information for 911 calls to the PSAP. At the same 
time, the MO&O clarified carriers' obligations to provide call back 
numbers and modified associated rule definitions. With respect to the 
call back obligation, the Commission clarified that where the handset's 
directory number is not known to the serving carrier, the carrier's 
obligations extend only to delivering 911 calls to PSAPs. Therefore, 
covered carriers will not be required to provide reliable call back 
numbers to PSAPs in the case of mobile units that are not associated 
with a dialable telephone number. However, carriers will be expected to 
transmit all calling party information that is compatible with their 
systems for 911 calls from validated customers.
    9. The MO&O also upheld Phase II requirements and the 
implementation schedule by clarifying that, as of October 1, 2001, 
covered carriers provide to the designated PSAP the location of all 911 
calls by longitude and latitude such that the accuracy for all calls is 
125 meters or less using a Root Mean Square (RMS) methodology. In 
denying petitions for reconsideration of the Phase II implementation 
schedule, the Commission concluded that broadband PCS and other digital 
system providers had sufficient notice

[[Page 2633]]

to prepare for the implementation of the E911 features and it is not 
necessary to delay the October 1, 2001 implementation schedule at this 
time. In addition, the Commission reaffirmed that its rules and their 
application are intended to be technologically and competitively 
neutral.
    10. The MO&O also reaffirmed the Commission's decision not to 
exempt providers of E911 service from liability for certain negligent 
acts, finding that none of the petitioners presents arguments 
sufficient to persuade the Commission to modify its determination that 
it is unnecessary to exempt providers of E911 service from liability 
and to preempt state tort law. Likewise, the Commission reaffirmed the 
decision in the R&O not to prescribe a particular E911 cost recovery 
methodology. The Commission continued to find no adequate basis on this 
record for preemption of the various state and local funding mechanisms 
that are in place or under development, or for concluding that state 
and local cost recovery mechanisms will be discriminatory or 
inadequate.

Paperwork Reduction Act

    11. This MO&O contains either proposed or modified information 
collections. The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collections 
contained in this MO&O, as required by the Paperwork Reduction Act of 
1995, Public Law No. 104-13. Public and agency comments are due on 
January 20, 1998. OMB comments are due on February 10, 1998. Comments 
should address: (a) whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (2) the accuracy of the Commission's burden estimates; (3) 
ways to enhance the quality, utility, and clarity of the information 
collected; (4) 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: 3060-xxxx.
    Title: Revision of the Commission's Rules to Ensure Compatibility 
with Enhanced 911 Emergency Calling System (Memorandum Opinion and 
Order, CC Docket 94-102).
    Form Number: N/A.
    Type of Review: New Collection.
    Respondents: Cellular, broadband PCS, and SMR carriers subject to 
the modified rules; State and local government entities; Public Safety 
Answering Points.
    Number of Respondents: 42,031.
    Estimated Time Per Response:
    a. Two time notification burden on 4,700 PSAPs @ 1 hr per=9,400 
hours.
    b. Two time response burden on carriers @ 1 hr per=9,400 hours.
    c. One time review or establishment of cost recovery program by 375 
government entities @ 10 hrs per=3,750 hours.
    One time burden for consultation for remaining 125 government 
entities using contractors to review and/or establish cost recovery 
program @ 1 hr per=125 hours.
    d. One time burden for 3,469 digital licensees to place 
notification information in digital user manuals or service contracts @ 
\1/2\ hr per=1,735 hours.
    e. One time burden on 3,469 digital licensees to notify existing 
digital subscribers @ \1/4\ hr per=868 hours.
    f. One time burden on 7 representative organizations to draft 
survey for quarterly TTY report @ 1 hr per=7 hours.
    Quarterly burden on 7 representative organizations to review survey 
results @ 12 hrs per=84 hours.
    Quarterly burden on 7 representative organizations to draft joint 
quarterly TTY report @ 20 hrs. per=140 hours.
    Quarterly burden on 3,469 licensees to respond to survey @ 8 hrs. 
per=27,752 hours.
    g. One time burden on 31,530 SMR licensees offering direct dispatch 
capability to place notification in user manuals and service agreements 
@ \1/2\ hour per=15,765 hours.
    h. One time burden on 31,530 SMR licensees offering direct dispatch 
capability to notify existing customers @ \1/4\ hr per=7,884.
    i. One time burden on 35,424 carriers to consult on determining a 
designated PSAP @ 1 hr per=35,424 hours.
    j. One time burden on 500 government entities to consult with 
35,424 carriers in determining a designated PSAP @ 1 hr per=35,424 
hours.
    k. One time burden on 1,400 telephone systems to consult on 
definition of pseudo-ANI @ 3 hr per=4,200 hours.
    l. One time burden on 8,500 licensees to prepare a deployment 
schedule to accompany a waiver request @ 4 hours per=34,000 hours.
    One time burden on 8,500 licensees to consult with a contract 
engineer to prepare a deployment schedule to accompany a waiver request 
@ 1 hr per=8,500 hours.
    Total Annual Burden: 194,457 hours.
    Estimated Costs Per Respondent: $7,050,000.
    Review and/or establishment of cost recovery program to 125 state 
and local entitities using contract CPAs @ $200 per hour=$2000 per 
entity.
    Preparation of deployment schedule to 8,500 licensees using 
contract engineers @ $100 per hour=$800.
    Needs and Uses: The notification burden on PSAPs will be used by 
carriers to verify that wireless 911 calls are referred to PSAPs who 
have the technical capability to use the data to the caller's benefit. 
TTY and dispatch notification requirements will be used to avoid 
consumer confusion as to the ability to reach 911 services using their 
wireless handsets. These notifications will also avoid delays in 
emergency response time. The quarterly reports will be used to monitor 
the progress of TTY compatibility. Consultations on the specific 
meaning assigned to pseudo-ANI are appropriate to ensure that all 
parties are working with the same information. Coordination between 
carriers and State and local entities to determine the PSAPs that are 
appropriate to receive 911 calls is necessary because of the difficulty 
in assigning PSAPs based on the location of the caller. The deployment 
schedule that should be submitted by carriers seeking a waiver of the 
Phase I or Phase II schedule will be used by the Commission to 
guarantee that the rules adopted in this proceeding are enforced in as 
timely a manner as possible within technological constraints.

Procedural Matters

Supplemental Final Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act, 5 U.S.C. 603 
(RFA), a Final Regulatory Flexibility Analysis (FRFA) was incorporated 
the E911 First Report and Order in this proceeding. The Commission's 
Supplemental Final Regulatory Flexibility Analysis (SFRFA) in this 
Memorandum Opinion and Order (MO&O) reflects revised or additional 
information to that contained in the FRFA. The SFRFA is thus limited to 
matters raised in response to the R&O and addressed in this MO&O. This 
SFRFA conforms to the RFA, as amended by the Contract with America 
Advancement Act of 1996 (CWAAA), Public Law No. 104-121, 110 Stat. 846 
(1996). 5
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    \5\ Title II of the Contract with America Act is ``The Small 
Business Regulatory Enforcement Fairness Act of 1996'' (SBREFA), 
codified at 5 U.S.C. Sec. 601 et seq.

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[[Page 2634]]

I. Need For and Objectives of the Action
    13. The actions taken in this MO&O are in response to petitions for 
reconsideration or clarification of the rules adopted in the E911 First 
Report and Order requiring wireless carriers to implement 911 and 
Enhanced 911 (E911) services. The limited revisions made in the MO&O 
are intended to remedy technical problems raised in the record while 
otherwise reaffirming the Commission's commitment to the rapid 
implementation of the technologies needed to bring emergency help to 
wireless callers throughout the United States.
II. Summary of Significant Issues Raised by the Public Comments in 
Response to the Final Regulatory Flexibility Statement
    14. No comments were received in direct response to the FRFA, but 
the Commission received 16 petitions for reconsideration of the E911 
First Report and Order. The majority of petitioners ask that the 
Commission reconsider the rules governing when covered wireless 
carriers must make 911 access available to callers. Other petitioners 
ask that the Commission reconsider or clarify a variety of issues 
ranging from the implementation date for covered carriers to provide 
911 access to people with hearing or speech disabilities through the 
use of Text Telephone Devices, such as TTYs, to the definition of which 
wireless carriers must comply with the rules, particularly in regard to 
``covered Special Mobile Radios (SMRs).'' Paragraphs 1-5 of this MO&O 
provide a more detailed discussion of the petitions and the resulting 
actions. Additionally, as discussed in paragraphs 10-12, several 
parties filed ex parte presentations raising technical issues which 
prompted the Commission to stay the October 1, 1997 implementation 
dates for Sec. 20.18 (a), (b), and (c) through November 30, 1997, and 
to seek further comment.
III. Description and Estimate of the Number of Small Entities to Which 
Rules Will Apply
    15. The rules adopted in this MO&O will apply to providers of 
broadband Personal Communications Service (PCS), Cellular Radio 
Telephone Service, and Specialized Mobile Radio (SMR) Services in the 
800 MHz and 900 MHz bands. Service providers in these services are 
subject to 911 requirements solely to the extent that they offer real-
time, two way switched voice service that is interconnected with the 
public switched network and utilize an in-network switching facility 
which enables the provider to reuse frequencies and accomplish seamless 
hand-offs of subscriber calls.
    a. Estimates for Cellular Licensees. 16. As indicated in the FRFA, 
the Commission has not developed a definition of small entities 
applicable to cellular licensees. Therefore, the applicable definition 
of small entity is the definition under the Small Business 
Administration (SBA) rules applicable to radiotelephone companies. This 
definition provides that a small entity is a radiotelephone company 
employing fewer than 1,500 persons.6 In addition to the data 
supplied in the FRFA, a more recent source of information regarding the 
number of cellular services carriers nationwide is the data that the 
Commission collects annually in connection with the Telecommunications 
Relay Service (TRS) Worksheet.7 That data shows that 792 
companies reported that they were engaged in the provision of cellular 
services. Although it seems certain that some of these carriers have 
fewer than 1,500 employees, and because a cellular licensee may have 
several licenses, we are unable at this time to estimate with greater 
precision the number of cellular carriers that would qualify as small 
business concerns under the SBA's definition. Consequently, we estimate 
that, for purposes of our evaluations and conclusions in the SFRFA, all 
of the current cellular licensees are small entities, as that term is 
defined by the SBA.
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    \6\ 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 4812.
    \7\ Federal Communications Commission, CCB Industry Analysis 
Division, Telecommunication Industry Revenue: TRS Worksheet Data, 
Tbl. 1 (Average Total Telecommunication Revenue Reported by Class of 
Carrier) (December 1996) (TRS Worksheet).
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    b. Estimates for Broadband PCS Licensees. 17. As indicated in the 
FRFA, the broadband PCS spectrum is divided into six frequency blocks 
designated A through F. The FRFA provides a full explanation as to the 
definition of small business in the context of broadband PCS licensees, 
using the definition SBA approved, developed by the Commission for 
Blocks C-F, that a small business is an entity that has average gross 
revenues of less that $40 million in the three previous calendar 
years.8 In addition, the SBA has approved a Commission 
definition (for Block F) of ``very small business'' which is an entity 
that, together with their affiliates, has average gross revenues of not 
more than $15 million for the preceding three calendar 
years.9 No small businesses within the SBA approved 
definition bid successfully for licenses in Blocks A and B. There were 
90 winning bidders that qualified as small entities in the Block C 
auctions. A total of 93 small and very small business bidders won 
approximately 40 percent of the 1,479 licenses for Blocks D, E, and 
F.10 However, not all licenses for Block F have been 
awarded. Because licenses were awarded only recently, there are few 
small businesses currently providing broadband PCS services. Based on 
this information, we conclude that the number of small broadband PCS 
licensees includes the 90 small business winning C Block bidders and 
the 93 qualifying bidders in the D, E, and F Blocks, for a total of 183 
small broadband PCS providers as defined by the SBA and the 
Commission's auction rules.
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    \8\ See Amendment of parts 20 and 24 of the Commission's Rules--
Broadband PCS Competitive Bidding and the Commercial Mobile Radio 
Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR 
33859 (July 1, 1996).
    \9\ Id.
    \10\ FCC News, Broadband PCS, D, E, and F Block Auction Closes, 
No. 71744 (released Jan. 14, 1997).
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    c. Estimates for SMR Licensees. 18. The FRFA indicates that, 
pursuant to 47 CFR 90.814(b)(1), the Commission has defined ``small 
entity'' for geographic area 800 MHz and 900 MHz SMR licenses as firms 
that had average gross revenues of less than $15 million in the three 
previous calendar years. This regulation defining ``small entity'' in 
the context of 800 MHz and 900 MHz SMR has been approved by the 
SBA.11 As the FRFA noted, we do not know how many firms 
provide 800 MHz or 900 MHz geographic area SMR service pursuant to 
extended implementation authorizations, nor how many of these providers 
have annual revenues of less than $15 million. The number of licensees 
cannot be estimated, because, although we know that there are a total 
of slightly more than 31,000 SMR licensees, one licensee can hold more 
than one license. We do know, however, that one of these firms has over 
$15 million in revenues. We assume, for purposes of our evaluations and 
conclusions in this SFRFA, that all of the remaining existing extended 
implementation authorizations are held

[[Page 2635]]

by small entities, as that term is defined by the SBA.
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    \11\ See Amendment of Parts 2 and 90 of the Commission's Rules 
to Provide for the Use of 200 Channels Outside the Designated Filing 
Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the 
Specialized Mobile Radio Pool, PR Docket No. 89-553, Second Order on 
Reconsideration and Seventh Report and Order, 60 FR 48913 (September 
21, 1995); Amendment of Part 90 of the Commission's Rules to 
Facilitate Future Development of SMR Systems in the 800 MHz 
Frequency Band, PR Docket No. 93-144, First Report and Order, Eighth 
Report and Order, and Second Further Notice of Proposed Rulemaking, 
61 FR 06212 (February 16, 1996).
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    19. Further, the Commission has no way of accurately determining 
which licensees would fall under the definition of ``covered carrier'' 
as expressed in the MO&O. The Commission still concludes that the 
number of geographic area SMR licensees affected by our action in this 
proceeding includes the 55 small entities who bid for and won 
geographic licenses in the 900 MHz SMR band. These 55 small entities 
hold a total of 245 licensees.
    As of the adopted date of this decision, the auction for 800 MHz 
geographic area SMR licenses had not yet been completed. A total of 525 
licenses will be awarded for the upper 200 channels in the 800 MHz 
geographic area SMR auction. However, the Commission has not yet 
determined how many licenses will be awarded for the lower 230 channels 
in the 800 MHz geographic area SMR auction. There is no basis to 
estimate, moreover, how many small entities within the SBA's definition 
will win these licenses. Given the facts that nearly all radiotelephone 
companies have fewer than 1,000 employees and that no reliable estimate 
of the number of prospective 800 MHz licensees can be made, we assume, 
for purposes of our evaluations and conclusions in this SFRFA, that all 
of the licenses will be awarded to small entities, as that term is 
defined by the SBA.
IV. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements
    20. The Commission is submitting several burdens to the Office of 
Management and Budget for approval. First, Public Safety Answering 
Points (PSAP) who are willing to participate in Phase I and Phase II of 
E911 service must notify the covered carrier that they are capable of 
receiving and utilizing the data elements associated with the service 
and request the service. Also, cost recovery mechanisms must be in 
place as a prerequisite to the imposition of enhanced 911 service 
requirements upon covered carriers. In the MO&O, the Commission 
requires that covered carriers whose digital systems are not compatible 
with TTY calls must make every reasonable effort to notify current and 
potential subscribers that they will not be able to use TTYs to call 
911 with digital wireless devices and services.
    21. In addition, to monitor the progress of the wireless industry 
regarding TTY compatibility, the Commission requires that the 
signatories to the TTY Consensus Agreement file quarterly progress 
reports in this docket within ten days after the end of the quarter 
beginning January 1, 1998, until the quarter ending September 30, 1998. 
At the same time, the Commission grants the request of extension of 
time to file a Joint Status Report on TTY issues, that was due on 
October 1, 1997, and requires the signatories to the Consensus 
Agreement to file the Joint Status Report on TTY issues by December 30, 
1997.
    22. In the MO&O, the Commission also requires that covered carriers 
who offer dispatch service to customers and choose to comply with 
Commission rules by routing dispatch customer emergency calls through a 
dispatcher, rather than directly routing to the PSAP, must make every 
reasonable effort to explicitly notify the current and potential 
dispatch customers and their users that they will not be able to 
directly reach a PSAP by calling 911 and that, in the event of an 
emergency, the dispatcher should be contacted.
    23. The MO&O, while revising the definition of ``pseudo-ANI,'' 
provides that the specific meaning assigned to the pseudo-ANI is 
determined by agreements, as necessary, between the telephone system 
originating the call, intermediate telephone systems handling and 
routing the call, and the destination telephone system. Additionally, 
in recognition of the difficulty involved in assigning wireless 911 
calls to the appropriate PSAP based on location, the MO&O clarifies 
that the responsible local or State entity has the authority and 
responsibility to designate the PSAPs that are appropriate to receive 
wireless E911 calls, noting that this will require continued 
coordination between carriers and State and local entities. The MO&O 
lastly provides that covered carriers can request a waiver of the Phase 
I implementation schedule based on inability to transmit 10-digit 
telephone numbers and cell site information, but requires that any 
waiver request based on a LEC's capability must be accompanied by a 
deployment schedule for meeting the Phase I requirements.
V. Significant Alternatives and Steps Taken By Agency To Minimize 
Significant Economic Impact on Small Entities Consistent With Stated 
Objectives
    24. This MO&O is adopted in response to petitions for 
reconsideration, including several filed by small businesses. After 
consideration of these petitions, the MO&O first modifies the rules by 
requiring covered carriers to transmit all 911 calls. Section 20.18(b) 
of the Commission's Rules, 47 CFR 20.18(b), as adopted in the R&O, 
required that carriers transmit 911 calls from all handsets which 
transmit ``code identifications'' and transmit all 911 calls, even 
those without code identification, if requested to do so by a PSAP 
administrator. Thirteen of the sixteen petitioners ask that the 
Commission reconsider this requirement. After a review of the arguments 
raised by the petitioners in opposition to the rule, the MO&O finds 
that the rules adopted in the E911 First Report and Order would impose 
unreasonable cost, delay, and administrative burdens on wireless 
carriers, and that, at least for the present, the most practical, least 
expensive and most efficient option is to require covered carriers to 
forward all 911 calls.
    25. Three original petitioners request that the Commission modify 
or defer the implementation dates of rules requiring covered carriers 
to provide 911 access to people with hearing or speech disabilities 
through the use of TTYs with respect to digital wireless systems, due 
to technical incompatibility. Although the Commission decides against 
deferring the implementation date indefinitely until the industry 
standards bodies resolve all the technical issues, as these petitioners 
request, it temporarily suspends enforcement of the TTY requirement for 
digital wireless systems until October 1, 1998, subject to a 
notification requirement.
    26. Also, in response to 5 petitions seeking reconsideration of the 
Commission's decision as to the wireless carriers to whom the rules 
apply particularly for covered SMRs, the MO&O narrows the definition of 
``Covered SMRs'' for E911 purposes to include only those systems that 
offer real-time, two way switched voice service that is interconnected 
with the public switched network and utilize an in-network switching 
facility which enables the provider to reuse frequencies and accomplish 
seamless hand-offs of subscriber calls. The Commission also decides to 
extend the modified definition to covered broadband PCS and cellular as 
well as SMR providers. We agree with the petitioners on this issue that 
the current rule could encompass SMR providers that primarily offer 
traditional dispatch services but also offer limited interconnection 
capability and that such traditional dispatch providers would have to 
overcome significant and potentially costly obstacles to provide 911 
access. Furthermore, under the revised rules, the ``covered'' SMR 
systems that offer dispatch services to

[[Page 2636]]

customers may meet their 911 obligations either by providing customers 
with direct capability for 911 purposes, or alternatively, by routing 
dispatch customer emergency calls through a dispatcher, subject to a 
notification requirement.
    27. The Commission also reviewed and rejected the Coast Guard's 
petition, which requested the Commission to apply E911 requirements to 
Mobile Satellite Services (MSS) and to issue a further notice of 
proposed rulemaking regarding the provision of emergency communications 
by MSS systems. In the MO&O, the Commission upholds its decision that 
MSS should be exempt from the 911 and E911 rules because adding 
specific regulatory requirements to MSS in this early stage of its 
growth may impede the development of service in ways that might reduce 
its ability to meet public safety needs. However, the Commission does 
urge the MSS industry and the public safety community to continue their 
efforts to develop and establish public safety standards along with 
international standards bodies.
    28. Finally, although several petitioners asked the Commission to 
establish a specific cost recovery program (rather than the flexible 
alternative adopted in the E911 First Report and Order, the Commission 
declined to do so preferring to provide government entities with the 
option of keeping their existing cost recovery program in place or to 
create a cost recovery program that best suits the needs of all parties 
concerned in their locality.

Report to Congress

    29. We will submit a copy of this Supplementary Final Regulatory 
Flexibility Analysis, along with the MO&O, in a report to Congress 
pursuant to 5 U.S.C. 801(a)(1)(A). A copy of this SFRFA will also be 
published in the Federal Register.

Authority

    30. The Commission's action is taken pursuant to Sections 1, 4(i), 
201, 303, 309, and 332 of the Communications Act of 1934, as amended by 
the Telecommunications Act of 1996, 47 U.S.C. 151, 154(i), 201, 303, 
309, 332.

Ordering Clauses

    31. Accordingly, it is ordered that the Petitions for 
Reconsideration of the First Report and Order, Revision of the 
Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency 
Calling Systems, CC Docket No. 94-102, filed by parties listed in 
Appendix A of the full text of this decision, are granted in part, as 
provided in the text of the MO&O, and otherwise denied.
    32. It is further ordered that Part 20 of the Commission's Rules is 
amended as set forth below.
    33. It is further ordered that Secs. 20.18(a), 20.18(c), and 
20.18(g) of the Commission's Rules, 47 CFR 20.18(a), 20.18(c), 
20.18(g), as amended by this MO&O as set forth below, and the foregoing 
provisions of this MO&O that pertain to sections 20.18(a), 20.18(c), 
and 20.18(g) of the Commission's Rules, shall become effective January 
16, 1998. This action is taken on the basis of our finding that, 
because the amended provisions of Secs. 20.18(a), 20.18(c), and 
20.18(g) are substantive rules that have the effect of granting an 
exemption, the effective date of these provisions may occur less than 
30 days before publication of the provisions, pursuant to Section 
553(d)(1) of Title 5, United States Code.
    34. It is further ordered that: (1) Sec. 20.18(b) of the 
Commission's Rules, 47 CFR 20.18(b), as amended by this MO&O below; (2) 
the definition of ``designated PSAP'' in section 20.3 of the 
Commission's Rules, 47 CFR 20.3, as added by this MO&O below; and (3) 
the foregoing provisions of this MO&O that pertain to section 20.18(b) 
of the Commission's Rules, and to the definition of ``designated PSAP'' 
in Sec. 20.3 of the Commission's Rules shall become effective January 
16, 1998. This action is taken, pursuant to Section 553(d)(3) of Title 
5, United States Code, on the basis of our finding that there is good 
cause that the effective date of these provisions should occur less 
than 30 days before publication of the provisions. The Commission's 
finding of good cause is based upon its finding that the rule change 
will serve the purpose of ``promoting the safety of life and property'' 
under Section 1 of the Communications Act and that the particular 
safety issues involved--extending the benefits of 911 services to as 
many wireless phone users as possible--are of sufficient importance to 
warrant making the rule requirements immediately effective upon 
publication in the Federal Register. In addition, the Commission notes 
that, since the adoption of the E911 First Report and Order in June 
1996 there has been considerable confusion and uncertainty regarding 
the ability of covered carriers to comply with the provisions of 
Sec. 20.18(b) of the Commission's Rules, as those provisions were 
initially prescribed in the E911 First Report and Order. This confusion 
and uncertainty were heightened by assertions made by the Wireless 911 
Coalition regarding technical issues associated with requirements 
imposed by the rule. Although the decision of the Wireless 
Telecommunications Bureau in the Stay Order was an appropriate step in 
this case in light of the continuing pendency of these issues at the 
time the Stay Order was issued, it also resulted in a continuation of 
the confusion and uncertainty surrounding the question of whether all 
users of wireless services provided by covered carriers could expect 
and rely upon the fact that their 911 calls would go through to 
emergency service providers. Now that the Commission has resolved this 
issue by the action taken today, it can find no basis for any failure 
to end as quickly as possible this confusion and uncertainty regarding 
the obligations of covered carriers and the public safety expectations 
of the users of wireless services.
    35. It is further ordered that the remaining rule amendments made 
by this MO&O and specified below shall become effective February 17, 
1998.
    36. It is further ordered that the Wireless Telecommunications 
Bureau is hereby delegated authority to grant an additional 3-month 
suspension of enforcement of section 20.18(c) of the Commission's 
Rules, 47 CFR 20.18(c), until January 1, 1999, with respect to wireless 
carriers who use digital wireless systems, upon reviewing the joint 
quarterly status reports on TTY compatibility with digital systems 
filed by the signatories to the TTY Consensus Agreement.
    37. It is further ordered that the signatories to the TTY Consensus 
Agreement SHALL FILE a joint quarterly status report regarding TTY 
compatibility with digital systems within 10 days after the end of each 
calendar quarter during the period beginning January 1, 1998, and 
ending September 30, 1998, with the first report due April 10, 1998, as 
set forth in the foregoing provisions of this MO&O.
    38. It is further ordered that the Request of an Extension of Time 
to File the Joint Status Report on TTY Issues, filed by the Cellular 
Telecommunications Industry Association on October 1, 1997, IS GRANTED, 
and that the signatories to the Consensus Agreement, the Personal 
Communications Industry Association, and Telecommunications for the 
Deaf, Inc. must file a Joint Status Report on or before December 31, 
1997.
    39. It is further ordered that the information collections 
contained in the rule amendments set forth below WILL BECOME EFFECTIVE 
following approval by the Office of Management and Budget. The 
Commission will

[[Page 2637]]

publish a document at a later date establishing the effective date.
    40. It is further ordered that, the Director of the Office of 
Public Affairs shall send a copy of this MO&O including the 
Supplementary Final 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, 5 U.S.C. 601 
et seq.

List of Subjects in 47 CFR Part 20

    Communications common carriers.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    Part 20 of Title 47 of the Code of Federal Regulations is amended 
as follows:

PART 20--COMMERCIAL MOBILE RADIO SERVICES

    1. The authority citation for Part 20 continues to read as follows:

    Authority: Sections 4, 251-2, 303, and 332, 48 Stat. 1066, 1062, 
as amended; 47 U.S.C. 154, 251-4, 303, and 332 unless otherwise 
noted.

    2. Section 20.3 is amended by removing the definitions Code 
Identification and Mobile Identification Number; by adding a definition 
for Designated PSAP; and revising definitions for Automatic Number 
Identification, and Pseudo Automatic Number Identification to read as 
follows:


Sec. 20.3  Definitions

    Automatic Number Identification (ANI). A system that identifies the 
billing account for a call. For 911 systems, the ANI identifies the 
calling party and may be used as a call back number.
* * * * *
    Designated PSAP. The Public Safety Answering Point (PSAP) 
designated by the local or state entity that has the authority and 
responsibility to designate the PSAP to receive wireless 911 calls.
* * * * *
    Pseudo Automatic Number Identification (Pseudo-ANI). A number, 
consisting of the same number of digits as ANI, that is not a North 
American Numbering Plan telephone directory number and may be used in 
place of an ANI to convey special meaning. The special meaning assigned 
to the pseudo-ANI is determined by agreements, as necessary, between 
the system originating the call, intermediate systems handling and 
routing the call, and the destination system.
* * * * *
    3. Section 20.18 is revised to read as follows:


Sec. 20.18  911 Service.

    (a) Scope of section. The following requirements are only 
applicable to Broadband Personal Communications Services (part 24, 
subpart E of this chapter), Cellular Radio Telephone Service (part 22, 
subpart H of this chapter), and Geographic Area Specialized Mobile 
Radio Services and Incumbent Wide Area SMR Licensees in the 800 MHz and 
900 MHz bands (included in part 90, subpart S of this chapter). In 
addition, service providers in these enumerated services are subject to 
the following requirements solely to the extent that they offer real-
time, two way switched voice service that is interconnected with the 
public switched network and utilize an in-network switching facility 
which enables the provider to reuse frequencies and accomplish seamless 
hand-offs of subscriber calls.
    (b) Basic 911 Service. Licensees subject to this section must 
transmit all wireless 911 calls without respect to their call 
validation process to a Public Safety Answering Point, provided that 
``all wireless 911 calls'' is defined as ``any call initiated by a 
wireless user dialing 911 on a phone using a compliant radio frequency 
protocol of the serving carrier.''
    (c) TTY Access to 911 Services. Licensees subject to this section 
must be capable of transmitting 911 calls from individuals with speech 
or hearing disabilities through means other than mobile radio handsets, 
e.g., through the use of Text Telephone Devices (TTY).

    Note to paragraph (c): Enforcement of the provisions of this 
paragraph is suspended until October 1, 1998, in the case of calls 
made using a digital wireless system that is not compatible with TTY 
calls, provided that the licensee operating such a digital system 
shall make every reasonable effort to notify current and potential 
subscribers who use or may use such a system that they will not be 
able to make a 911 call over such system through the use of a TTY 
device.

    (d) Phase I enhanced 911 services. (1) As of April 1, 1998, 
licensees subject to this section must provide the telephone number of 
the originator of a 911 call and the location of the cell site or base 
station receiving a 911 call from any mobile handset accessing their 
systems to the designated Public Safety Answering Point through the use 
of ANI and Pseudo-ANI.
    (2) When the directory number of the handset used to originate a 
911 call is not available to the serving carrier, such carrier's 
obligations under the paragraph (d)(1) extend only to delivering 911 
calls and available calling party information to the designated Public 
Safety Answering Point.

    Note to paragraph (d): With respect to 911 calls accessing their 
systems through the use of TTYs, licensees subject to this section 
must comply with the requirements in paragraphs (d)(1) and (d)(2) of 
this section, as to calls made using a digital wireless system, as 
of October 1, 1998.

    (e) Phase II enhanced 911 services. As of October 1, 2001, 
licensees subject to this section must provide to the designated Public 
Safety Answering Point the location of all 911 calls by longitude and 
latitude such that the accuracy for all calls is 125 meters or less 
using a Root Mean Square (RMS) methodology.
    (f) Conditions for enhanced 911 services. The requirements set 
forth in paragraphs (d) and (e) of this section shall be applicable 
only if the administrator of the designated Public Safety Answering 
Point has requested the services required under those paragraphs and is 
capable of receiving and utilizing the data elements associated with 
the service, and a mechanism for recovering the costs of the service is 
in place.
    (g) Dispatch service. A service provider covered by this section 
who offers dispatch service to customers may meet the requirements of 
this section with respect to customers who utilize dispatch service 
either by complying with the requirements set forth in paragraphs (b) 
through (e) of this section, or by routing the customer's emergency 
calls through a dispatcher. If the service provider chooses the latter 
alternative, it must make every reasonable effort to explicitly notify 
its current and potential dispatch customers and their users that they 
are not able to directly reach a PSAP by calling 911 and that, in the 
event of an emergency, the dispatcher should be contacted.

[FR Doc. 98-708 Filed 1-15-98; 8:45 am]
BILLING CODE 6712-01-P