[Federal Register Volume 64, Number 213 (Thursday, November 4, 1999)]
[Rules and Regulations]
[Pages 60126-60131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28483]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; FCC 99-245]


Wireless Radio Services; Compatibility With Enhanced 911 
Emergency Calling Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document revises rules applicable to wireless carriers to 
permit the use of handset-based solutions, or hybrid solutions that 
require changes both to handsets and wireless networks, in providing 
caller location information as part of Enhanced 911 (E911) services. 
These actions are intended to encourage the deployment of the best 
location technology for each area being served, promote competition in 
E911 location technology, and speed implementation of E911.

DATES: Effective March 3, 2000, except for Sec. 20.18(i), which 
contains an information collection requirement that has not been 
approved by the Office of Management and Budget. The FCC will publish a 
document in the Federal Register announcing the effective date for that 
section. Public comments on the information collection are due January 
3, 2000.

FOR FURTHER INFORMATION CONTACT: Legal Information: Daniel Grosh, 202-
418-1310; Technical Information: Martin Liebman, 202-418-1310. For 
further information concerning the information collection contained in 
this Report and Order, contact Les Smith, Federal Communications 
Commission, Room 1A-804, 445 12th Street, SW, Washington, DC 20054, or 
via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order (Third R&O) in CC Docket No. 94-102; FCC 99-245, 
adopted September 15, 1999, and released October 6, 1999. The complete 
text of this Third R&O is available for inspection and copying during 
normal business hours in the FCC Reference Information Center, 
Courtyard Level, 445 12th Street, SW, Washington, DC, and also may be 
purchased from the Commission's copy contractor, International 
Transcription Services (ITS, Inc.), CY-B400, 445 12th Street, SW, 
Washington, DC.

Synopsis of the Third Report and Order

    1. The Commission adopts a Third Report and Order (Third R&O) in CC 
Docket No. 94-102, regarding implementation of Enhanced 911 (E911) 
emergency calling systems. Specifically, in the Third R&O, the 
Commission takes several steps to enable handset-based methods of 
providing Automatic Location Identification (ALI) to compete in a 
reasonable way with network-based solutions in meeting the Commission's 
E911 Phase II requirements. The new rules will benefit both wireless 
callers and public safety entities by providing accurate and efficient 
automatic caller location information in emergencies.
    2. The rule change was needed because, when the Commission 
originally adopted its Phase II rules in 1996, it was believed that 
location information could only be effectively provided by technologies 
based in or overlaid on carrier networks, using approaches such as 
triangulation of the handset's signal. Since that time, advancements in 
location technologies that employ new or upgraded handsets have 
demonstrated important progress. While no single solution appears to be 
perfect in all situations, each type of solution has its advantages and 
limitations and each may be improved or combined with other 
technologies in the future to support further improvements in 911 
service.
    3. The Commission's original rules, adopted in the Report and Order 
and Further Notice of Proposed Rulemaking (61 FR 40348, August 2, 
1996), as a practical matter, only permitted network-based solutions to 
meet the Commission's Phase II requirements

[[Page 60127]]

because they required that ALI be provided for all 911 calls in a 
requesting Public Safety Answering Point's (PSAP's) area as of a fixed 
date. In order to enable handset-based solutions to be a viable 
competitor for initial deployment under Phase II, the Commission 
decided to allow for a phase-in of new or upgraded handsets. To offset 
the potential delay in full availability of Phase II location 
information that may be caused by this action, the Commission imposed a 
higher accuracy standard on handset-based solutions, required handset 
deployment to begin earlier than the current October 1, 2001, 
deployment date, and required that this deployment occur, for carriers 
deploying a handset-based solution, regardless of whether a PSAP has 
requested Phase II.
    4. As a result, in the Third R&O, the Commission mandates that 
wireless carriers employing a technology that requires new, modified or 
upgraded handsets must comply with the following deployment and 
penetration requirements, without respect to whether any PSAP has 
requested Phase II deployment:
    (1) Begin selling ALI-capable handsets no later than March 1, 2001;
    (2) Ensure that at least 50 percent of all new handsets activated 
are ALI-capable no later than October 1, 2001; and
    (3) Ensure that at least 95 percent of all new digital handsets 
activated are ALI-capable no later than October 1, 2002.
    5. Once a PSAP request is received, a carrier deploying a handset-
based solution is required to satisfy the following requirements, in 
the area served by the PSAP:
    (1) Within six months or by October 1, 2001, whichever is later:
    (a) Ensure that 100 percent of all new handsets activated are ALI-
capable;
    (b) Implement any network upgrades or other steps necessary to 
locate handsets; and,
    (c) Begin delivering to the PSAP location information that 
satisfies Phase II requirements.
    (2) Within two years or by December 31, 2004, whichever is later, 
undertake reasonable efforts to ensure that all handsets used by its 
subscribers are ALI-capable.
    6. For roamers and other callers without ALI-capable handsets, 
carriers must support Phase I ALI and other available best practice 
methods of providing the location of the handset to the PSAP. In 
addition, to be allowable under the rules, an ALI technology that 
requires new, modified, or upgraded handsets must conform to general 
standards and be interoperable, allowing roaming among carriers 
employing handset-based location technologies.
    7. For carriers employing network-based location technologies, the 
Third R&O modifies the applicable deployment schedule to require the 
carrier to deploy Phase II to 50 percent of callers within 6 months of 
a PSAP request and to 100 percent of callers within 18 months of such a 
request. The Commission determined that such a phase-in for network-
based solutions was reasonable in recognition of the likelihood that 
installing equipment throughout a carrier's network will often require 
more time than the six months previously allowed under the rules.
    8. The Third R&O also imposes the following revised standards for 
Phase II location accuracy and reliability: (1) For network-based 
solutions: 100 meters for 67 percent of calls, 300 meters for 95 
percent of calls; and (2) for handset-based solutions: 50 meters for 67 
percent of calls, 150 meters for 95 percent of calls. The Commission 
decided to replace the Root Mean Square (RMS) reliability methodology 
with this more workable and understandable standard.
    9. Additionally, the Third R&O directs wireless carriers to report 
to the Commission their plans for implementing E911 Phase II, including 
the technology they plan to use to provide caller location, by October 
1, 2000. This report shall provide information to permit planning for 
Phase II implementation by public safety organizations, equipment 
manufacturers, local exchange carriers, and the Commission, in order to 
support Phase II deployment by October 1, 2001.

Paperwork Reduction Act of 1995 Analysis

    10. The actions contained in this Third R&O have been analyzed with 
respect to the Paperwork Reduction Act of 1995 and found to impose a 
new reporting requirement or burden on the public. Implementation of 
this new reporting requirement will be subject to approval by the 
Office of Management and Budget, as prescribed by the Act. The new 
paperwork requirement contained in the Third Report and Order will go 
into effect March 3, 2000, dependent on OMB approval.

Final Regulatory Flexibility Analysis

    11. As required by the Regulatory Flexibility Act, 5 U.S.C. 603 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the Further Notice of Proposed Rule Making (Further 
Notice) issued in this proceeding, 61 FR 40348, August 2, 1996. The 
Commission sought written public comments in the Further Notice, 
including comment on the IRFA. The Commission's Final Regulatory 
Flexibility Analysis (FRFA) in this Third R&O conforms to the RFA, as 
amended by the Contract With America Advancement Act of 1996 (CWAAA), 
Pub. L. 104-121, 110 Stat. 847 (1996).\1\
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    \1\ Subtitle II of the CWAAA is ``The Small Business Regulatory 
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C. 
601 et. seq.
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(1) Need for and Purpose of This Action

    12. The Commission's current rules, as a practical matter, only 
permit network-based solutions to meet Phase II requirements. The Third 
R&O revises the Commission's 911 rules to permit handset-based 
solutions, or hybrid solutions that require changes both to handsets 
and wireless networks, to compete in a reasonable way with the network-
based solutions in providing automatic location identification (ALI). 
The Third R&O is therefore intended to ensure that E911 regulation 
reflects the most current technological advances possible and 
accordingly the most effective and responsive E911 service possible.

(2) Summary of Significant Issues Raised by the Public in Response to 
the IRFA

    13. No comments were submitted in direct response to the IRFA. 
However, the Commission made every effort to gather as much data as 
possible and to solicit public comment on the issues resolved in the 
Third R&O. (See, for example, 64 FR 31530, June 11, 1999.) For example, 
on June 28, 1999, the Commission sponsored a roundtable discussion of 
technical issues involved in implementing the performance and accuracy 
standards for E911 Phase II ALI technologies. Roundtable participants 
included representatives of network-based solution technologies, 
handset-based technologies, manufacturers, wireless carriers, and 
public safety organizations.

(3) Description and Estimates of the Number of Entities Affected by 
This Order on Reconsideration

    14. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted (5 U.S.C. 603(b)(3)). The 
RFA generally defines the term ``small entity'' as having the same 
meaning as the term ``small business'' (5 U.S.C. 602(6)). In addition, 
the term ``small business'' has the same

[[Page 60128]]

meaning as the term ``small business concern'' under the Small Business 
Act (5 U.S.C. 601(6)). A small business concern is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA) (15 U.S.C. 632).
    15. SMR Licensees. Pursuant to 47 CFR 90.814(b)(1), the Commission 
has defined ``small business'' for purposes of auctioning 900 Mhz SMR 
licenses (60 FR 48913, September 21, 1995), 800 MHz SMR licenses for 
the upper 200 channels (61 FR 6212, February 16, 1996), and 800 MHz SMR 
licenses for the lower 230 channels (62 FR 41190, July 31, 1997) as a 
firm that has had average annual gross revenues of $15 million or less 
in the three preceding calendar years. This small business size 
standard for the 800 MHz and 900 MHz auctions has been approved by the 
SBA. The rule amendments adopted in this Third R&O affect geographic 
and wide area SMR providers if they offer real-time, two-way PSN-
interconnected voice service utilizing an in-network switching 
facility.
    16. Sixty winning bidders for geographic area licenses in the 900 
MHz SMR band qualified as small business under the $15 million size 
standard. It is not possible to determine which of these licensees 
intend to offer real-time, two-way PSN-interconnected voice or data 
service utilizing an in-network switching facility. Therefore, the 
Commission concludes that the number of 900 MHz SMR geographic area 
licensees affected by this rule modification is at least 60.
    17. The auction of the 525 800 MHz SMR geographic area licenses for 
the upper 200 channels began on October 28, 1997, and was completed on 
December 8, 1997. Ten winning bidders for geographic area licenses for 
the upper 200 channels in the 800 MHz SMR band qualified as small 
businesses under the $15 million size standard. It is not possible to 
determine which of these licensees intend to offer real-time, two-way 
PSN-interconnected voice or data service utilizing an in-network 
switching facility. Therefore, the Commission concludes that the number 
of 800 MHz SMR geographic area licensees for the upper 200 channels 
affected by this rule modification is at least ten.
    18. The Commission has determined that 3,325 geographic area 
licenses will be awarded in the 800 MHz SMR auction for the lower 230 
channels. Because the auction of these licenses has not yet been 
conducted, there is no basis to estimate how many winning bidders will 
qualify as small businesses under the Commission's $15 million size 
standard. Nor is it possible to determine which of these licensees will 
offer real-time, two-way PSN-interconnected voice or data service 
utilizing an in-network switching facility. Therefore, the Commission 
concludes that the number of 800 MHz SMR geographic area licensees for 
the lower 230 channels that may ultimately be affected by this rule 
modification is at least 3,325.
    19. With respect to licensees operating under extended 
implementation authorizations, approximately 6,800 such firms provide 
800 MHz or 900 MHz SMR service. However, it is uncertain how many of 
these intend to offer real-time, two-way PSN-interconnected voice or 
data service utilizing an in-network switching facility or which of 
this subset qualify as small businesses under the $15 million size 
standard. The Commission assumed, for purposes of the FRFA, that all of 
the remaining existing authorizations are held by licensees qualifying 
as small businesses under the $15 million size standard. Of these, the 
Commission assumes, for purposes of its evaluations and conclusions in 
this FRFA, that all of these licensees intend to offer real-time, two-
way PSN-interconnected voice or data service utilizing an in-network 
switching facility. Therefore, the Commission concludes that the number 
of SMR licensees operating in the 800 MHz and 900 MHz bands under 
extended implementation authorizations that may be affected by this 
rule modification is up to 6,800.
    20. Cellular Licensees. Neither the Commission nor the SBA has 
developed a definition of small entities applicable to cellular 
licensees. Therefore, the applicable definition of small entity is the 
definition under the SBA rules applicable to radiotelephone (wireless) 
companies. This provides that a small entity is a radiotelephone 
company employing no more than 1,500 persons. According to the Bureau 
of the Census, only twelve radiotelephone firms from a total of 1,178 
such firms which operated during 1992 had 1,000 or more employees.\2\ 
Therefore, even if all twelve of these firms were cellular telephone 
companies, nearly all cellular carriers were small businesses under the 
SBA's definition. In addition, the Commission notes that there are 
1,758 cellular licenses; however, a cellular licensee may own several 
licenses. In addition, according to the most recent Carrier Locator: 
Interstate Service Providers data, 732 carriers reported that they were 
engaged in the provision of either cellular service or Personal 
Communications Service (PCS) services, which are placed together in the 
data.\3\ The Commission has no data specifying the number of these 
carriers that are not independently owned and operated or have more 
than 1,500 employees, and thus is unable at this time to estimate with 
greater precision the number of cellular service carriers that would 
qualify as small business concerns under the SBA's definition. 
Consequently, it estimates that there are fewer than 732 small cellular 
service carriers that may be affected by the policies adopted in this 
Third R&O.
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    \2\ U.S. Department of Commence, 1992 Census of Transportation, 
Communications, and Utilities (issued May 1995), Series UC92 S1, at 
Table 5, SIC Code 4812.
    \3\ Carrier Locator: Interstate Service Providers, Carrier 
Providers, Figure, Figure 1 (Jan. 1999). The most reliable source of 
current information regarding the total numbers of common carrier 
and related providers nationwide, including the numbers of 
commercial wireless entities, appears to be data the Commission 
publishes annually in its ``Carrier Locator'' report, derived from 
filings made in connection with the Telecommunications Relay Service 
(TRS).
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    21. Broadband Personal Communications Service (PCS). The broadband 
PCS spectrum is divided into six frequency blocks designated A through 
F, and the Commission has held auctions for each block. The Commission 
defined ``small entity'' for Blocks C and F as an entity that has 
average gross revenues of less than $40 million in the three previous 
calendar years. (See 61 FR 33859, July 1, 1996; see also 47 CFR 
24.720(b).) For Block F, an additional classification for ``very small 
business'' was added and is defined as an entity that, together with 
their affiliates, has average gross revenues of not more than $15 
million for the preceding three calendar years. These regulations 
defining ``small entity'' in the context of broadband PCS auctions have 
been approved by the SBA. 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. 
Based on this information, the Commission concludes that the number of 
small broadband PCS licensees will include the 90 winning C Block 
bidders and the 93 qualifying bidders in the D, E, and F blocks, for a 
total of 183 small entity PCS providers as defined by the SBA and the 
Commission's auction rules.

[[Page 60129]]

    22. Providers of Location Technologies. The Commission's 
requirement that wireless carriers provide the location of wireless 911 
callers has created a business opportunity for companies that are able 
to develop and provide the technology to meet this obligation. Several 
apparently small location technology companies have participated in 
this proceeding, for example, by presenting their technologies and 
filing comments. The Commission estimates that as many as 20 small 
companies are involved in developing location technologies that may be 
affected by these rules, either directly in the case of handset-based 
technology companies or largely indirectly in the case of network-based 
technology companies.

(4) Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    23. Among the rules enacted by the Third R&O is a requirement that 
wireless carriers report their plans for implementing E911 Phase II, 
including the technology they plan to use to provide caller location, 
by October 1, 2000. This report shall provide information to permit 
planning for Phase II implementation by public safety organizations, 
equipment manufacturers, local exchange carriers, and the Commission in 
order to support Phase II deployment by October 1, 2001. This reporting 
requirement is discussed in Section IV.E of the full text of the Third 
R&O.
    24. With respect to other compliance requirements, the Third R&O 
adopts rules that: (1) Allow a phased-in implementation schedule for 
carriers employing a handset-based solution; (2) establish a higher 
accuracy standard for handset-based solutions than required for 
network-based solutions; (3) require that handset deployment begin 
earlier than the current October 1, 2001, deployment date and that this 
deployment occur, for wireless carriers employing a handset solution, 
regardless of whether the PSAP has requested Phase II; (4) require that 
wireless carriers employing handset-based solutions take additional 
steps to provide location information for roamers and callers with non-
ALI capable handsets; (5) require that carriers take action to ensure 
that any phase-in for handset-based solutions is brief and complete; 
(6) replace the Root Mean Square (RMS) reliability methodology with a 
more workable and understandable standard; and (7) allow wireless 
carriers employing network-based location technology to reach 50 
percent coverage within six months of a PSAP request for Phase II 
service and 100 percent coverage eighteen months after a PSAP request.

(5) Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    25. The Commission is taking this action to provide all affected 
licensees, regardless of size, with the flexibility to comply with the 
E911 Phase II regulations in the way that they feel best takes 
advantage of available technology. The rules adopted in the Third R&O 
will allow the use of handset-based solutions, or hybrid solutions, as 
well as network-based solutions for providing location information. The 
phased-in approach to implementation of handset-based solutions 
provided in the Third R&O may potentially delay the full availability 
of Phase II location information for callers and PSAPs. To offset the 
effects of a delay on public safety, the Third R&O requires that 
handset-based solutions be held to a higher accuracy standard. This 
will help locate callers more quickly and assist PSAPs in handling 911 
calls more efficiently. The Third R&O also requires that handset 
deployment begin earlier than the current October 1, 2001, deployment 
date and that this deployment occur for carriers employing a handset 
solution, regardless of whether the PSAP has requested Phase II.
    26. These steps should promote the rapid rollout of handset-based 
solutions through normal handset turnover and growth. While it does not 
appear that any single network-based or handset-based location 
technology is perfect in all situations or for all wireless 
transmission technologies, both network and handset-based solutions may 
provide location information by 2001 that meets or exceeds the 
Commission's accuracy requirements. The Commission is aware that each 
type of solution has its advantages and limitations, and each may also 
be improved or combined with other technologies in the future to 
support further improvements in 911 service and public safety. The 
Commission is not recommending one method over another, and is aware of 
the limitations apparent in handset-based solutions; however, the 
Commission concluded that any disadvantages of actions in the Third R&O 
are far outweighed by the possible benefits.
    27. All of the actions taken in the Third R&O, as described above, 
may have a certain amount of negative impact on affected entities, but 
the Commission expects that few, if any, small entities will feel an 
impact from its actions. Providers of network-based technologies may be 
affected indirectly as they confront more vigorous competition from 
companies offering handset-based and hybrid solutions, but will also 
benefit directly from rule revisions that allow more time to install 
network-based location equipment, a more workable accuracy standard, 
and a best practice obligation for carriers that may encourage the use 
of network-based technologies to supplement handset-based technologies. 
The limited negative affects of the Third R&O are offset by the 
flexibility that will be provided in allowing use of handset-based 
technology in complying with E911 regulations. This flexibility should 
be especially beneficial to small rural wireless carriers. Taken 
together, the Commission expects that this revised program for Phase II 
deployment will encourage the deployment of the best and most efficient 
technologies, speed actual implementation of E911, and promote 
competition in E911 location technology and service. The Commission 
also expects that its actions in the Third R&O will provide the clear 
guidance needed to enable the many necessary participants in wireless 
E911 deployment to implement Phase II as soon as possible.

(6) Report to Congress

    28. The Commission shall send a copy of this Third R&O, including a 
copy of this Final Regulatory Flexibility Analysis, in a report to be 
sent to Congress pursuant to the Small Business Regulatory Enforcement 
Fairness Act of 1996, see 5 U.S.C. 801(a)(1)(A). A copy of this FRFA 
will also be published in the Federal Register. See 5 U.S.C. 604(b).

Ordering Clauses

    29. Part 20 of the Commission's Rules is accordingly amended.
    30. The rule amendments made by this Third R&O shall become 
effective March 3, 2000, except for Sec. 20.18(i), which contains an 
information collection requirement that has not been approved by the 
Office of Management and Budget. The FCC will publish a document in the 
Federal Register announcing the effective date for that section.
    32. The Office of Public Affairs, Reference Operations Division, 
shall send a copy of this Third R&O, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    33. All petitions for waiver of the Commission's wireless E911 
rules submitted in response to the Wireless Telecommunications Bureau's 
Waiver

[[Page 60130]]

Public Notice are dismissed as moot in light of the rule changes 
adopted in this Third R&O.
    34. The Petition to Modify the wireless 911 rules filed by the 
Wireless Consumers Alliance, Inc. is denied.

Paperwork Reduction Act

    The Third R&O contains a new information collection. As part of its 
continuing effort to reduce paperwork burdens, the Commission invites 
the general public and the Office of Management and Budget (OMB) to 
take this opportunity to comment on the information collections 
contained in this Third R&O, as required by the Paperwork Reduction Act 
of 1995, Public Law 104-13. Public and agency comments are due January 
3, 2000. OMB comments are due March 3, 2000. Comments should address: 
(1) 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; and (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. In addition to filing comments 
with the Secretary, a copy of any comments on the information 
collections contained in this Order should be submitted to Les Smith, 
Federal Communications Commission, Room 1A-804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to [email protected], and to 
Virginia A. Huth, OMB Desk Officer, 10236 NEOB, 725--17th Street, NW., 
Washington, DC 20503, or via the Internet to [email protected].
    OMB Approval Number: N./A.
    Title: Revision of the Commission's Rules To Ensure Compatibility 
with Enhanced 911 Emergency Calling Systems, Third Report and Order
    Form No.: N./A.
    Type of Review: New information collection
    Respondents: Business or other for profit
    Number of Respondents: 4,000
    Estimated Time Per Response: 1 hour
    Total Annual Cost Burden: $400,000 for the one-time initial filing. 
In addition, the Commission estimates that each licensee will file one 
additional report, reporting any changes in their plans for 
implementing E911 Phase II, for an additional $400,000 and a total 
burden of $800,000.
    Total Annual Burden: 1 burden hour for the initial filing, and an 
additional hour for any additional reports, for an estimated total 
burden hour of 2.
    Needs and Uses: The information required to be reported to the 
Commission by wireless carriers will provide PSAPs, providers of 
location technology, investors, manufacturers, local exchange carriers, 
and the Commission with valuable information necessary for preparing 
for full Phase II E911 implementation. The advance reports will provide 
helpful, if not essential, information for coordinating carrier plans 
with those of manufacturers and PSAPs. Also, they will assist the 
Commission's efforts to monitor Phase II developments and to take 
necessary actions to maintain the Phase II implementation schedule.

List of Subjects in 47 CFR Part 20

    Communications common carrier, Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 20 as follows:

PART 20--COMMERCIAL MOBILE RADIO SERVICES

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

    Authority: 47 U.S.C. 154, 160, 251-254, 303, and 332 unless 
otherwise noted.

    2. Section 20.3 is amended by adding the following definitions in 
alphabetical order:


Sec. 20.3  Definitions.

* * * * *
    Handset-based location technology. A method of providing the 
location of wireless 911 callers that requires the use of special 
location-determining hardware and/or software in a portable or mobile 
phone. Handset-based location technology may also employ additional 
location-determining hardware and/or software in the CMRS network and/
or another fixed infrastructure.
* * * * *
    Location-capable handsets. Portable or mobile phones that contain 
special location-determining hardware and/or software, which is used by 
a licensee to locate 911 calls.
* * * * *
    Network-based Location Technology. A method of providing the 
location of wireless 911 callers that employs hardware and/or software 
in the CMRS network and/or another fixed infrastructure, and does not 
require the use of special location-determining hardware and/or 
software in the caller's portable or mobile phone.
* * * * *
    3. Section 20.18 is amended by revising paragraph (e), 
redesignating paragraphs (f) and (g) as (j) and (k) and adding new 
paragraphs (f ), (g), (h), and (i) to read as follows:


Sec. 20.18  911 Service.

* * * * *
    (e) Phase II enhanced 911 service. Licensees subject to this 
section must provide to the designated Public Safety Answering Point 
Phase II enhanced 911 service, i.e., the location of all 911 calls by 
longitude and latitude in conformance with Phase II accuracy 
requirements (see paragraph (h) of this section).
    (f) Phase-in for network-based location technologies. Licensees 
subject to this section who employ a network-based location technology 
shall provide Phase II 911 enhanced service to at least 50 percent of 
their coverage area or 50 percent of their population beginning October 
1, 2001, or within 6 months of a PSAP request, whichever is later; and 
to 100 percent of their coverage area or 100 percent of their 
population within 18 months of such a request or by October 1, 2002, 
whichever is later.
    (g) Phase-in for handset-based location technologies. Licensees 
subject to this section who employ a handset-based location technology 
may phase in deployment of Phase II enhanced 911 service, subject to 
the following requirements:
    (1) Without respect to any PSAP request for deployment of Phase II 
911 enhanced service, the licensee shall:
    (i) Begin selling and activating location-capable handsets no later 
than March 1, 2001;
    (ii) Ensure that at least 50 percent of all new handsets activated 
are location-capable no later than October 1, 2001; and
    (iii) Ensure that at least 95 percent of all new digital handsets 
activated are location-capable no later than October 1, 2002.
    (2) Once a PSAP request is received, the licensee shall, in the 
area served by the PSAP:
    (i) Within six months or by October 1, 2001, whichever is later:
    (A) Ensure that 100 percent of all new handsets activated are 
location-capable;
    (B) Install any hardware and/or software in the CMRS network and/or 
other fixed infrastructure, as needed, to enable the provision of Phase 
II enhanced 911 service; and

[[Page 60131]]

    (C) Begin delivering Phase II enhanced 911 service to the PSAP.
    (ii) Within two years or by December 31, 2004, whichever is later, 
undertake reasonable efforts to achieve 100 percent penetration of 
location-capable handsets among its subscribers.
    (3) For all 911 calls from portable or mobile phones that do not 
contain the hardware and/or software needed to enable the licensee to 
provide Phase II enhanced 911 service, the licensee shall, after a PSAP 
request is received, support, in the area served by the PSAP, Phase I 
location for 911 calls or other available best practice method of 
providing the location of the portable or mobile phone to the PSAP.
    (4) Licensees employing handset-based location technologies shall 
ensure that location-capable portable or mobile phones shall conform to 
industry interoperability standards designed to enable the location of 
such phones by multiple licensees.
    (h) Phase II accuracy. Licensees subject to this section shall 
comply with the following standards for Phase II location accuracy and 
reliability:
    (1) For network-based technologies: 100 meters for 67 percent of 
calls, 300 meters for 95 percent of calls;
    (2) For handset-based technologies: 50 meters for 67 percent of 
calls, 150 meters for 95 percent of calls.
    (3) For the remaining 5 percent of calls, location attempts must be 
made and a location estimate for each call must be provided to the 
appropriate PSAP.
    (i) Reports on phase II plans. Licensees subject to this section 
shall report to the Commission their plans for implementing Phase II 
enhanced 911 service, including the location-determination technology 
they plan to employ and the procedure they intend to use to verify 
conformance with Phase II accuracy requirements, by October 1, 2000. 
Licensees are required to update these plans within thirty days of the 
adoption of any change. These reports and updates may be filed 
electronically in a manner to be designated by the Commission.
[FR Doc. 99-28483 Filed 11-3-99; 8:45 am]
BILLING CODE 6712-01-P