[Federal Register Volume 64, Number 14 (Friday, January 22, 1999)]
[Proposed Rules]
[Pages 3478-3480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1589]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; DA 98-2631]


Compatibility of Wireless Services With Enhanced 911; Guidelines 
for Waiver of Phase II Automatic Location Identification Requirements

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; availability of supplemental information.

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SUMMARY: The Wireless Telecommunications Bureau released a Public 
Notice announcing guidelines to be followed in filing petitions for 
waiver of Sec. 20.18(e) of the rules governing wireless Enhanced 
911(E911) service. The Public Notice also establishes a schedule for 
filing such waiver requests. Section 20.18(e) requires that covered 
wireless carriers deploy Automatic Location Identification (ALI) 
beginning October 1, 2001. The action is taken to provide interested 
parties with guidance in filing requests for waiver of this 
requirement. Filings in response to the Public Notice will be included 
in the pending wireless E911 docket and may be utilized by the 
Commission in its further development of policies and rules for 
wireless E911 deployment.

DATES: Waiver petitions are requested to be filed by February 4, 1999. 
Comments on the waivers requests are due on February 16, 1999, and 
reply comments are due on or before February 22, 1999.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street, S.W., Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Dan Grosh, 202-418-1310, or Won Kim, 
202-418-1310. For additional information concerning the information 
collection aspects contained in the Public Notice, contact Les Smith at 
202-418-0217, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Public Notice in 
CC Docket No. 94-102, DA 98-2631, released December 24, 1998. The 
complete text of the Public Notice 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 (ITS, Inc.), (202) 857-3800, 1231 20th Street, N.W., 
Washington, D.C. 20036.

Synopsis of the Public Notice

    1. The Public Notice sets out guidelines and a filing schedule to 
assist those interested in filing waivers of 20.18(e) of the E911 
regulations which state that covered wireless carriers must deploy 
Automatic Location Identification (ALI) as part of E911 service 
beginning October 1, 2001, provided certain conditions are met. This 
rule was adopted in the First Report and Order (61 FR 40348, August 2, 
1996) and provides that subject carriers must provide 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 methodology. The 
Commission, in the Memorandum Opinion and Order (MO&O) in this 
proceeding (63 FR 2631, January 16, 1998) responded to concerns that 
the effect of Sec. 20.18(e) might not be technologically and 
competitively neutral for some technologies that might be used to 
provide ALI, in particular handset-based technologies such as those 
using the GPS satellite system. The MO&O stated that the Commission 
would be willing to consider such issues either in the E911 rulemaking 
or in response to requests for waivers.
    2. In response to the MO&O, the Wireless Telecommunications Bureau 
received inquiries regarding the terms of waivers that might be granted 
and the type of information that should accompany requests for such 
waivers. Thus, the Public Notice sets out guidelines and a filing 
schedule to assist those interested in filing such waivers, as well as 
other interested parties. Parties should be aware that these filings 
will be included in the pending wireless E911 docket, and may be 
utilized by the Commission in its further development of policies and 
rules for wireless E911 deployment in the pending reconsideration 
proceeding or in other actions in the E911 rulemaking proceeding.
    3. The Commission's intention in this proceeding is to adopt 
general performance criteria, rather than extensive technical 
standards, to guide the development of wireless E911 services. The 
Commission's goal in this proceeding is to ensure the rapid, efficient, 
and effective deployment of ALI as part of E911, in order to promote 
the public safety and welfare. Because of the significant benefits the 
ALI requirements established in Sec. 20.18(e) will provide to the 
public safety, any requests for waiver of the rule should be consistent 
with that intent and goal. The carriers who would seek waiver of ALI 
requirements must demonstrate their commitment to, and plans for 
achieving, the goals of Sec. 20.18(e).
    4. There are several aspects to achieving these goals for handset-
based approaches to ALI. One of the most critical factors in providing 
help to 911 callers in emergency situations is the accuracy of the 
location information. A commitment by a carrier to provide a 
significantly higher level of accuracy could help justify a phase-in of 
ALI over time, through upgrading or replacing handsets.
    5. Another way in which the goals of the rules might be achieved 
would be if the carrier began implementation of ALI capabilities before 
the October 1, 2001, deadline, by offering ALI capable handsets to 
customers at an earlier date, and offering only ALI capable handsets no 
later than the date when all conditions for Phase II requirements are 
met. Early implementation could be especially useful for wireless 
customers travelling in areas where Public Safety Answering Points 
(PSAPs) have acted to be able to receive the ALI information.
    6. One concern the Commission has regarding carriers employing 
handset-based ALI technologies is that they might not be able to 
provide reliable ALI service to ``roamer'' customers whose home carrier 
adopts a network-based solution. In light of this concern, it will be 
important for carriers seeking waiver of the Commission's Phase II 
requirements to address any factors and steps they will be in a 
position to take that will minimize this roamer problem to the fullest 
extent practicable.

[[Page 3479]]

Terms and Scope of Waiver Petitions; Information Requested

    7. Any carrier seeking a waiver of the Commission's rules and 
requirements relating to Phase II implementation shall include in its 
petition for waiver a specific statement and explanation of the scope 
and terms of the waiver sought by the carrier. Under the general waiver 
standard set forth in WAIT Radio,1 the Commission may 
exercise its discretion to waive a rule where waivers are founded upon 
an ``appropriate general standard,'' ``show special circumstances 
warranting a deviation from the general rule,'' and ``such deviation 
will serve the public interest.'' 2
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    \1\ WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. 
denied, 409 U.S. 1027 (1972) (WAIT Radio).
    \2\  Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 
1166 (D.C. Cir. 1990), citing WAIT Radio, 418 F.2d at 1159.
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    8. In order to meet the WAIT Radio waiver standard, it is necessary 
for waiver petitions to provide with sufficient particularity the 
following information. This information will assist the Commission in 
assessing whether a particular waiver is likely to meet the 
Commission's objective of being technologically and competitively 
neutral with respect to enforcement compliance with its Phase II rules, 
while promoting the deployment of wireless E911 in an efficient and 
effective manner:
    (1) The level of ALI accuracy and reliability the carrier plans to 
offer with its ALI technologies. This information should include field 
test results of such technologies in various geographical environments, 
such as ``urban canyons,'' suburban and rural locations, mountainous 
and other similar terrain, and inside buildings.
    (2) When the carrier plans to start offering ALI-capable handsets 
to its customers. This information should include documented timetables 
and milestones regarding the deployment projections for ALI-capable 
handsets. In particular, we would find it useful to have information on 
the expected implementation rate for ALI under the requested waiver, 
including the likely rate at which non-ALI capable handsets would be 
replaced or upgraded.
    (3) Steps the carrier will take with respect to minimizing problems 
associated with non-ALI capable handsets. This information should 
include an analysis of estimated cost of upgrading or replacing 
existing handsets based on the options explored by the carrier.
    (4) Steps the carrier plans to take to address roamer situations, 
together with any available information regarding the volume of 911 
calls made by roamer customers in the carrier's service area.
    9. Because the ALI technology issue is one that affects all 
wireless carriers subject to the E911 requirements, it is possible that 
a general waiver or set of waiver options may be one way of addressing 
the handset-based technology issue. The grant of interim waivers 
pending the adoption of permanent rule changes may also be appropriate. 
Waiver requests and comments should address any legal or other issues 
that might be raised by the grant of either individual or general 
waivers, on an interim or permanent basis.

Filing Schedules and Instructions

    10. To assist the Commission in evaluating these issues in a 
comprehensive manner, we recommend that waiver requests be filed not 
later than February 4, 1999. Oppositions should be filed not later than 
February 16, 1999. Replies should be filed not later than February 22, 
1999. Waiver requests may be filed before or after the date established 
in this schedule, but adherence to such filing date should facilitate 
more efficient and expeditious treatment of pending petitions. The 
Commission also notes that application for or grant of a waiver does 
not obligate the carrier to use the waiver; if a carrier wishes, it may 
decide to comply with the rules in effect rather than employ a granted 
waiver.

Administrative Information

    11. To file formally in this proceeding, participants must file an 
original and five copies of all petitions, oppositions, and replies. If 
participants want each Commissioner to receive a personal copy of their 
comments, an original and ten copies must be filed. All pleadings 
should be filed with the Office of the Secretary, Federal 
Communications Commission, 445 12th Street, S.W., Washington, D.C., 
20554, referencing CC Docket No. 94-102. Paper filings will also be 
received at a designated counter located at TW-A325 in the 12th Street 
lobby of the Portals II Office Building from 8:30 a.m. to 5:30 p.m., 
Monday through Friday, except holidays. During the transition period of 
the Commission's relocation to the Portals II Office Building, the 
Office of the Secretary will accept paper filings at 1919 M Street, 
N.W., Room 222, but only from 4:00 p.m. to 5:30 p.m., Monday through 
Friday, except holidays.
    12. Requests for waiver that are formally opposed are generally 
treated as restricted proceedings, where ex parte presentations are 
prohibited.3 The Commission may modify its ex parte rules, 
however, if it determines that the public interest would be 
served.4 Because these waiver petitions and responsive 
comments will be included in CC Docket No. 94-402, and may be 
considered in the context of the ongoing wireless E911 rulemaking, the 
Commission believes that it is appropriate to treat these as ``permit 
but disclose'' proceedings. Pursuant to our delegated 
authority,5 we have determined that it is in the public 
interest to permit ex parte presentations relating to petitions for 
waiver of Sec. 20.18(e), so long as the presentations are disclosed in 
accordance with Sec. 1.1206 of the Commission's Rules.6
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    \3\ Section 1.1208 of the Commission's Rules, 47 CFR 1.1208.
    \4\ Section 1.1200(a) of the Commission's Rules, 47 CFR 
1.1200(a).
    \5\ See Secs. 0.131 and 1.331 of the Commission's Rules, 47 CFR 
0.131, 1.331.
    \6\ 47 CFR 1.1206.
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Paperwork Reduction Act

    13. This Public Notice contains new information collections subject 
to the Paperwork Reduction Act of 1995 (PRA). The Office of Management 
and Budget (OMB) has reviewed and approved these collections. The 
expiration date for this approval is April 30, 1999. Because the 
Commission sought and OMB granted emergency approval of these 
collections, and because the Public Notice originated from comments 
filed in response to the Memorandum Opinion and Order (63 FR 2631, 
January 16, 1998) for which a comment period was provided and OMB 
approval was received (OMB No. 3060-0813), the Commission has been 
granted an exception to the 60-day public comment requirement.
    OMB Approval Number: 3060-0878.
    Title: Wireless Telecommunications Bureau Outlines Guidelines For 
Wireless E911 Rule Waivers For Handset-Based Approaches To Phase II 
Automatic Location Identification (ALI) Requirements, Public Notice, CC 
Docket No. 94-102.
    Type of Review: New Collection.
    Respondents: Covered Wireless Carriers Seeking Waiver of Sec. 20.18 
(e) of the Commission's E911 Rules Requiring That Covered Carriers 
Deploy ALI As Part Of E911 Service Beginning October 1, 2001.
    Number of Respondents: Approximately 50 carriers will submit a one-
time request for waiver of the E911 ALI regulations.

[[Page 3480]]

    Burden Per Respondent: 4 hours.
    Total Annual Burden Hours: 2,000 hours.
    Total Annual Cost: 0.
    Frequency of Response: One-time filing requirement.
    Needs and Uses: The information filed as part of a petition for 
waiver will be used to ensure timely compliance with the Commission's 
E911 regulations, provide the Commission with current information on 
the status of ALI technology, and thus ensure the dependability and 
responsiveness of critical E911 services.

Federal Communications Commission.
Kathleen O'Brien Ham,
Deputy Chief, Wireless Telecommunications Bureau.
[FR Doc. 99-1589 Filed 1-20-99; 1:24 pm]
BILLING CODE 6712-01-P