[Federal Register Volume 65, Number 182 (Tuesday, September 19, 2000)]
[Proposed Rules]
[Pages 56752-56757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24111]



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Part VI





Federal Communications Commission





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47 CFR Part 20



Implementation of 911 Act; the Use of N11 Codes and Other Abbreviated 
Dialing Arrangements; Compatibility With 911 Emergency Calling Systems; 
Proposed Rule



Compatibility With 911 Emergency Calling Systems; Compatibility With 
Enhanced 911 Emergency Calling Systems; Proposed Rule

  Federal Register / Vol. 65, No. 182 / Tuesday, September 19, 2000 / 
Proposed Rules  

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 92-105; FCC 00-327]


Implementation of 911 Act; the Use of N11 Codes and Other 
Abbreviated Dialing Arrangements; Compatibility with 911 Emergency 
Calling Systems

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this document the Commission seeks comment on the 
appropriate means for providing reasonable transition periods to allow 
wireline and wireless carriers the necessary time to convert to the use 
of 911 as the universal emergency assistance number throughout the 
United States. The establishment of transition periods will serve the 
public interest by providing wireline and wireless carriers the 
necessary time to implement the modifications to their networks to 
achieve universal usage of 911.

DATES: Comments are due on or before October 16, 2000, and reply 
comments are due on or before November 15, 2000. Public comment on the 
information collections are due November 20, 2000, and comments by the 
Office of Management and Budget (OMB) are due January 17, 2001.

ADDRESSES: Send comments and reply comments to the Office of the 
Secretary, Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the Secretary, a copy of any comments 
on the information collections contained herein should be submitted to

Judy Boley, Federal Communications Commission, Room 1-C804, 445 12th 
Street, SW., Washington, DC 20554, or via the Internet to 
[email protected], and to
Ed Springer, OMB Desk Officer, 10236 NEOB, 725 17th Street, NW., 
Washington, DC 20503 or via the Internet to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Cheryl Callahan, Network Services 
Division, Common Carrier Bureau at 202-418-2320; David Siehl, Policy 
Division, Wireless Telecommunications Bureau at 202-418-1310. For 
further information concerning the information collection contained in 
this Third Notice of Proposed Rulemaking, contact Judy Boley, Federal 
Communications Commission, 202-418-0214, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
NPRM of Proposed Rulemaking (Third NPRM) in CC Docket No. 92-105; FCC 
00-327, adopted August 24, 2000, and released August 29, 2000. The 
complete text of this Third NPRM 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 NPRM of Proposed Rulemaking

    1. This Third NPRM of Proposed Rulemaking (Third NPRM) is a Notice 
of Proposed Rulemaking on transition periods for areas in which 911 is 
not in use as an emergency telephone number. The Commission seeks 
comment on how to provide for transition periods.
    2. The Wireless Communications and Public Safety Act of 1999 (911 
Act) provides that the Commission shall designate 911 as the universal 
emergency telephone number within the United States for both wireline 
and wireless telephone service. It further directs the Commission, in 
designating 911, to ``provide appropriate transition periods for areas 
in which 911 is not in use as an emergency telephone number.''
    3. The deployment of 911 emergency service as it is generally known 
in this country has two primary components. First, all 
telecommunications carriers' equipment (including switching and 
signaling equipment) must recognize the abbreviated dialing code 
``911'' and direct such calls along with certain other necessary 
signaling and location information to the pre-designated or specified 
location where personnel are available to receive reports of 
emergencies. Second, equipment and personnel must exist to receive 911 
calls. Generally, such equipment and personnel are located in Public 
Safety Answering Points (PSAPs), which are established and maintained 
by State and local authorities.
    4. The Commission recognizes that communities throughout the United 
States are at differing points relative to implementation of 911. Many 
State and local authorities already have implemented access via 911 to 
PSAPs that can dispatch the appropriate emergency personnel for the 
particular emergency situation. On the opposite end of the spectrum, 
some communities may not use 911 or any other abbreviated dialing code, 
may not have PSAPs in place, and may provide access to police, fire, 
ambulance, and other emergency services by dialing a seven or ten-digit 
telephone number. Between these two ends of the spectrum, the 
Commission recognizes that a variety of conditions exist, including 
communities that use PSAPs but provide access to them via seven or ten-
digit telephone numbers or abbreviated dialing code other than 911. In 
addition, there are communities that provide access to some emergency 
services via an abbreviated dialing code but have not established 
PSAPs. Implementation of the 911 abbreviated dialing code should 
recognize the varying conditions that exist in communities throughout 
this country.
    5. The transition to the nationwide use of 911 as the emergency 
service number will involve the coordinated efforts of the States and 
localities, PSAPs, telecommunications service providers, and other 
entities. The 911 Act provides for reasonable transition periods for 
those areas where 911 is not currently the emergency number. A 
transition period will provide wireline and wireless carriers the 
necessary time to implement the technical modifications to their 
networks. In addition, such a period will permit translation of 911 at 
the appropriate network points into the emergency number in use by the 
PSAPs in a particular jurisdiction. The legislative history 
accompanying the 911 Act also indicates an intent that these transition 
periods should be determined by service area-specific circumstances and 
capabilities.
    6. The Commission seeks comment on the technical and operational 
issues that should be taken into account in adopting transition periods 
that will allow carriers sufficient time to transition to the use of 
911 as an emergency telephone number. For example, carriers' transition 
to the 911 emergency number may require, among other things, 
development and operation of database systems, certain network 
modifications to current emergency dialing patterns, and hardware or 
software purchases and upgrades. The Commission seeks comment on all of 
the steps that carriers must undertake to transition to the use of 911 
and suggested timeframes that will allow carriers to complete those 
steps as expeditiously as possible. In addition, the Commission seeks 
comment on the particular technical and operational issues presented by 
a requirement that the carriers offer 911 service to their subscribers, 
regardless of whether a PSAP is in place to receive 911 calls.

[[Page 56753]]

    7. The Commission also seeks comment on whether certain 
telecommunications service providers will need more time to transition 
to the use of 911 than other service providers. For example, the 
Commission seeks comment on whether wireless carriers would require a 
longer transition period and if so, the unique circumstances applicable 
to wireless carriers that justify a longer transition period. The 
Commission seeks specific input on what factors will affect the 
transition periods required by different categories of carriers and 
what timeframes would be necessary to accommodate such factors. 
Further, the Commission seeks comment on any other factors that may 
affect the timeframe in which a carrier will be able to transition to 
the use of 911 in areas currently using another emergency telephone 
number. The Commission also seeks comment on measures it may take to 
encourage cooperative efforts by all affected parties during the 
transition to universal 911 usage.
    8. Furthermore, where a locality has no PSAP or centralized 
emergency service program, the Commission seeks comment on the scope of 
carriers' obligation to direct 911 calls to a local fire, police, or 
other emergency service provider in such areas. The Commission 
recognizes that in this type of situation various logistical 
difficulties are presented and observe that PSAPs were established 
precisely to deal with the problem of ensuring the proper routing of 
911 calls. Because of the logistical difficulties the Commission 
believes carriers would face, it tentatively concludes that it should 
not impose any particular obligation on carriers to transmit 911 calls 
to a particular local agency or similar destination in areas where 
State or local authorities have not established a PSAP or other 
answering point to which such calls can be routed. The Commission seeks 
comment on this tentative conclusion and any matter related to it that 
is relevant in establishing appropriate transition periods.
    9. To enable the Commission to evaluate the progress made during 
the transition periods, the Third NPRM tentatively concludes that it 
would be useful and appropriate to monitor the progress of carriers in 
transitioning to the universal usage of 911 as the emergency telephone 
number. To assist the Commission in its monitoring effort, comment is 
sought on whether it should require carriers to file transition reports 
and, if so, the nature, extent, and timing of the information to be 
provided.

Administrative Matters

Ex Parte Presentations

    10. The Third NPRM in CC Docket No. 92-105 is a permit-but-disclose 
notice and comment rulemaking proceeding. Members of the public, 
therefore, are advised that ex parte presentations are permitted, 
except during the Sunshine Agenda period, provided they are disclosed 
under the Commission's Rules.

Comment Filing Dates and Procedures

    11. Pursuant to applicable procedures set forth in Secs. 1.415 and 
1.419 of the Commission's Rules, interested parties may file comments 
in response to the Third Notice of Proposed Rulemaking in CC Docket No. 
92-105 on or before October 16, 2000, and reply comments on or before 
November 15, 2000. Comments and reply comments should be filed in 
combined CC Docket No. 92-105 and WT Docket No. 00-110 and should 
include a separate heading to identify the comments for each Docket 
Number. All relevant and timely comments will be considered by the 
Commission before final action is taken in this proceeding. To file 
formally, interested parties must file an original and four copies of 
all comments, reply comments, and supporting comments. If interested 
parties want each Commissioner to receive a personal copy of their 
comments, they must file an original plus nine copies. Interested 
parties should send comments and reply comments to the Office of the 
Secretary, Federal Communications Commission, Room TW-A325, 445 Twelfth 
Street, SW., Washington, DC 20554, with copies to David Siehl, Policy 
Division, Wireless Telecommunications Bureau, and to Cheryl Callahan, 
Network Services Division, Common Carrier Bureau, at 445 Twelfth 
Street, SW., Washington, DC 20554.
    12. Comments also may be filed using the Commission's Electronic 
Comment Filing System (ECFS). Comments filed through the ECFS can be 
sent as an electronic file via the Internet to http://www.fcc.gov/e-mail/ecfs.html. Generally, only one copy of an electronic submission 
must be filed. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking numbers. Parties also may submit an 
electronic comment by Internet E-Mail. To obtain filing instructions 
for E-Mail comments, commenters should send an e-mail to [email protected], 
and should include the following words in the body of the message, 
``get form your E-Mail address>.'' A sample form and directions will be 
sent in reply.
    13. Comments and reply comments will be available for public 
inspection during regular business hours at the FCC Reference Center, 
Room CY-A257, at the Federal Communications Commission, 445 Twelfth 
Street, SW., Washington, DC 20554. Copies of comments and reply 
comments are available through the Commission's duplicating contractor: 
International Transcription Service, Inc. (ITS, Inc.), 1231 20th 
Street, NW., Washington, DC 20037, (202) 857-3800.

Paperwork Reduction Act of 1995 Analysis

    14. The actions contained in this Third NPRM 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.

Initial Regulatory Flexibility Act Analysis--Third NPRM

    15. This Initial Regulatory Flexibility Analysis (IRFA) in this 
Third NPRM is limited to matters addressed in the Third NPRM. This IRFA 
conforms to the RFA. (See 5 U.S.C. 604.)
    16. This is a summary of the full IRFA. The full IRFA may be found 
in Appendix A of the full text of this Third NPRM.

I. Need for, and Objectives of, the Third NPRM

    17. As required by the Regulatory Flexibility Act (RFA) (See 5 
U.S.C. 604. The RFA, see 5 U.S.C. 601 et seq., was amended by the 
Contract With America Advancement Act of 1996, Public Law 104-121, 110 
Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA) an Initial 
Regulatory Flexibility Analysis (IRFA), the Commission has prepared an 
Initial Regulatory Flexibility Analysis (IRFA) of the possible 
significant economic impact on small entities by the policies and rules 
proposed in this Third NPRM, CC Docket No. 92-105. Written public 
comments are requested on this IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comments 
on the Third NPRM as provided in paragraph 35 of the full text of the 
Third NPRM. The Commission will send a copy of the Third NPRM, 
including this IRFA, to the Chief Counsel for Advocacy of the Small

[[Page 56754]]

Business Administration. See 5 U.S.C. 603(a).
A. Need for, and Objectives of, the Proposed Rules
    18. The Third NPRM is an important step toward implementation of 
the Wireless Communications and Public Safety Act of 1999 (911 Act). 
Section 3(e) of the 911 Act directs the Commission to provide 
appropriate transition periods for areas in which 911 is not in use as 
an emergency telephone number on the date of enactment of the 911 Act. 
The Third NPRM seeks comment on the technical and operational issues 
that should be taken into account in adopting transition periods that 
will allow carriers sufficient time to transition to the use of 911 as 
an emergency telephone number. Thus, the Commission intends for the 
Third NPRM to stimulate participation by interested parties in our 
effort to provide for reasonable transition periods.
B. Legal Basis for Proposed Rules
    19. The proposed action is authorized under sections 1, 4(i), 4(j), 
7, 10, 201, 202, 208, 214, 251(e)(3), 301, 303, 308, 309(j), and 310 of 
the Communications Act of 1934, 47 U.S.C. 151, 154(i), 154(j), 157, 
160, 201, 202, 208, 214, 251(e)(3), 301, 303, 308, 309(j), 310.
C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply
    20. 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. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under Section 3 of the 
Small Business Act, unless the Commission has developed one or more 
definitions that are appropriate for its activities. Under the Small 
Business Act, a ``small business concern'' is one that: (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). A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' Nationwide, as of 1992, 
there were approximately 275,801 small organizations.
    21. The definition of ``small governmental entity'' is one with 
populations of fewer than 50,000. There are 85,006 governmental 
entities in the nation. This number includes such entities as States, 
counties, cities, utility districts and school districts. There are no 
figures available on what portion of this number has populations of 
fewer than 50,000. However, this number includes 38,978 counties, 
cities and towns, and of those, 37,556, or ninety-six percent, have 
populations of fewer than 50,000. The Census Bureau estimates that this 
ratio is approximately accurate for all government entities. Thus, of 
the 85,006 governmental entities, we estimate that ninety-six percent, 
or about 81,600, are small entities that may be affected by our rules.
    22. Common Carrier Services and Related Entities. According to data 
in the most recent Trends in Telephone Service report, issued by the 
Commission, there are 4,144 interstate carriers. These carriers 
include, inter alia, local exchange carriers, wireline carriers and 
service providers, interexchange carriers, competitive access 
providers, operator service providers, pay telephone operators, 
providers of telephone toll service, providers of telephone exchange 
service, and resellers.
    23. The SBA has defined establishments engaged in providing 
``Radiotelephone Communications'' and ``Telephone Communications, 
Except Radiotelephone'' to be small businesses when they have no more 
than 1,500 employees.
    24. We have included small incumbent LECs in this present IRFA 
analysis. The SBA's Office of Advocacy contends that, for RFA purposes, 
small incumbent LECs are not dominant in their field of operation 
because any such dominance is not ``national'' in scope. The Commission 
has therefore included small incumbent LEC's in this IRFA analysis, 
although the Commission emphasizes that this RFA action has no effect 
on FCC analyses and determinations in other non-RFA contexts.
    25. Total Number of Telephone Companies Affected. The U.S. Bureau 
of the Census (Census Bureau) reports that, at the end of 1992, there 
were 3,497 firms engaged in providing telephone services, as defined 
therein, for at least one year. This number contains a variety of 
different categories of carriers, including local exchange carriers, 
interexchange carriers, competitive access providers, cellular 
carriers, mobile service carriers, operator service providers, pay 
telephone operators, covered specialized mobile radio providers, and 
resellers. It seems certain that some of these 3,497 telephone service 
firms may not qualify as small entities or small ILECs because they are 
not ``independently owned and operated.'' It is reasonable to conclude 
that fewer than 3,497 telephone service firms are small entity 
telephone service firms or small ILECs that may be affected by the 
actions proposed in this Third NPRM.
    26. Wireline Carriers and Service Providers. The SBA has developed 
a definition of small entities for telephone communications companies 
except radiotelephone (wireless) companies. The Census Bureau reports 
that there were 2,321 such telephone companies in operation for at 
least one year at the end of 1992. According to the SBA's definition, a 
small business telephone company other than a radiotelephone company is 
one employing no more than 1,500 persons. All but 26 of the 2,321 non-
radiotelephone companies listed by the Census Bureau were reported to 
have fewer than 1,000 employees. Thus, even if all 26 of those 
companies had more than 1,500 employees, there would still be 2,295 
non-radiotelephone companies that might qualify as small entities or 
small ILECs. We do not have data specifying the number of these 
carriers that are not independently owned and operated, and thus are 
unable at this time to estimate with greater precision the number of 
wireline carriers and service providers that would qualify as small 
business concerns under the SBA's definition. Consequently, we estimate 
that fewer than 2,295 small telephone communications companies other 
than radiotelephone companies are small entities or small ILECs that 
may be affected by the actions proposed in this Third NPRM.
    27. Local Exchange Carriers, Competitive Access Providers, 
Competitive Local Exchange Carriers. Neither the Commission nor the SBA 
has developed a definition for small providers of local exchange 
service, competitive access providers, or competitive local exchange 
carriers. The closest applicable definition under the SBA rules is for 
telephone communications companies other than radiotelephone (wireless) 
companies. According to the most recent telecommunications industry 
revenue data, 1,348 carriers reported that they were engaged in the 
provision of incumbent local exchange services, and 212 carriers 
reported that they were providing competitive access or competitive 
local exchange services. The Commission does not have data

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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 
providers and carriers that would qualify as small business concerns 
under the SBA's definition. Consequently, the Commission estimates that 
fewer than 1,560 providers of local exchange service, or of competitive 
access or competitive local exchange services are small entities or 
small entities that may be affected by the actions proposed in this 
Third NPRM.
    28. Interexchange Carriers. Neither the Commission nor the SBA has 
developed a definition of small entities specifically applicable to 
providers of interexchange services (IXCs). The closest applicable 
definition under the SBA rules is for telephone communications 
companies other than radiotelephone (wireless) companies. According to 
the most recent Trends in Telephone Service data, 171 carriers reported 
that they were engaged in the provision of interexchange services. The 
Commission does not have 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 IXCs that would qualify as small business 
concerns under the SBA's definition. Consequently, the Commission 
estimates that there are fewer than 171 small entity IXCs that may be 
affected by the actions proposed in this Third NPRM.
    29. A-Block LMDS Providers. The total number of A-block LMDS 
licenses is limited to 493, one for each Basic Trading Area. The 
Commission has held auctions for all 493 licenses, in which it defined 
``very small business'' (average gross revenues for the three preceding 
years of not more than $15 million), ``small business'' (more than $15 
million but not more than $40 million), and ``entrepreneur'' (more than 
$40 but not more than $75 million) bidders. There have been 99 winning 
bidders that qualified in these categories in these auctions all of 
which may be affected by the actions proposed in this Third NPRM.
    30. 220 MHz Radio Service--Phase I Licensees. The 220 MHz service 
has both Phase I and Phase II licenses. Phase I licensing was conducted 
by lotteries in 1992 and 1993. There are approximately 1,515 such non-
nationwide licensees and four nationwide licensees currently authorized 
to operate in the 220 MHz band. The Commission has not developed a 
definition of small entities specifically applicable to such incumbent 
220 MHz Phase I licensees. To estimate the number of such licensees 
that are small businesses, the Commission applies the definition under 
the SBA rules applicable to Radiotelephone Communications companies. 
This definition provides that a small entity is a radiotelephone 
company employing no more than 1,500 persons. According to the Bureau 
of the Census, only 12 radiotelephone firms out of a total of 1,178 
such firms which operated during 1992 had 1,000 or more employees. 
Therefore, if this general ratio continues in 1999 in the context of 
Phase I 220 MHz licensees, the Commission estimates that nearly all 
such licensees are small businesses under the SBA's definition.
    31. 220 MHz Radio Service--Phase II Licensees. The Phase II 220 MHz 
service is a new service, and is subject to spectrum auctions. The 
Commission has adopted criteria for defining small businesses and very 
small businesses for purposes of determining their eligibility for 
special provisions such as bidding credits and installment payments. 
The Commission has defined a small business as an entity that, together 
with its affiliates and controlling principals, has average gross 
revenues not exceeding $15 million for the preceding three years. 
Additionally, a very small business is defined as an entity that, 
together with its affiliates and controlling principals, has average 
gross revenues that are not more than $3 million for the preceding 
three years. The SBA has approved these definitions. The Commission has 
held two auctions for Phase II licenses for the 220 MHz band. Fifty-
three (53) winning bidders qualified as small or very small entities.
    32. Private and Common Carrier Paging. The Commission has proposed 
a two-tier definition of small businesses in the context of auctioning 
licenses in the Common Carrier Paging and exclusive Private Carrier 
Paging services. Under the proposal, a small business will be defined 
as either (1) an entity that, together with its affiliates and 
controlling principals, has average gross revenues for the three 
preceding years of not more than $3 million, or (2) an entity that, 
together with affiliates and controlling principals, has average gross 
revenues for the three preceding calendar years of not more than $15 
million. Because the SBA has not yet approved this definition for 
paging services, the Commission will utilize the SBA's definition 
applicable to radiotelephone companies, i.e., an entity employing no 
more than 1,500 persons. At present, there are approximately 24,000 
Private Paging licenses and 74,000 Common Carrier Paging licenses. 
According to the most recent Carrier Locator Interstate Service 
Providers data, 303 carriers reported that they were engaged in the 
provision of paging and messaging. The Commission does not have data 
specifying the number of these carriers that are not independently 
owned and operated or have more than 1,500 employees, and thus are 
unable at this time to estimate with greater precision the number of 
paging carriers that would qualify as small business concerns under the 
SBA's definition. Consequently, the Commission estimates that there are 
fewer than 303 small paging carriers that may be affected by the rules. 
The Commission estimates that the majority of private and common 
carrier paging providers would qualify as small entities under the SBA 
definition.
    33. Mobile Service Carriers. Neither the Commission nor the SBA has 
developed a definition of small entities specifically applicable to 
mobile service carriers, such as paging companies. The closest 
applicable definition under the SBA rules is that for radiotelephone 
(wireless) companies, and the most recent Carrier Locator Interstate 
Service Providers data shows that 142 carriers reported that they were 
engaged in the provision of SMR dispatching and ``other mobile'' 
services. Consequently, the Commission estimates that there are fewer 
than 142 small mobile service carriers that may be affected by the 
proposed rules.
    34. 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. 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% of the 1,479 licenses for Blocks D, E, and F.

[[Page 56756]]

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.
    35. Narrowband PCS. The Commission has auctioned nationwide and 
regional licenses for narrowband PCS. There are 11 nationwide and 30 
regional licensees for narrowband PCS. The Commission does not have 
sufficient information to determine whether any of these licensees are 
small businesses within the SBA-approved definition for radiotelephone 
companies. At present, there have been no auctions held for the major 
trading area (MTA) and basic trading area (BTA) narrowband PCS 
licenses. The Commission anticipates a total of 561 MTA licenses and 
2,958 BTA licenses will be awarded by auction. Such auctions have not 
yet been scheduled, however. Given that nearly all radiotelephone 
companies have no more than 1,500 employees and that no reliable 
estimate of the number of prospective MTA and BTA narrowband licensees 
can be made, the Commission assumes, for purposes of this IRFA, that 
all of the licenses will be awarded to small entities, as that term is 
defined by the SBA.
    36. Rural Radiotelephone Service. The Commission has not adopted a 
definition of small entity specific to the Rural Radiotelephone 
Service. A significant subset of the Rural Radiotelephone Service is 
the Basic Exchange Telephone Radio Systems. The Commission uses the 
SBA's definition applicable to radiotelephone companies, i.e., an 
entity employing no more than 1,500 persons. There are approximately 
1,000 licensees in the Rural Radiotelephone Service, and the Commission 
estimates that almost all of them qualify as small entities under the 
SBA's definition.
    37. Air-Ground Radiotelephone Service. The Commission has not 
adopted a definition of small entity specific to the Air-Ground 
Radiotelephone Service. Accordingly, the Commission will use the SBA's 
definition applicable to radiotelephone companies, i.e., an entity 
employing no more than 1,500 persons. There are approximately 100 
licensees in the Air-Ground Radiotelephone Service, and the Commission 
estimates that almost all of them qualify as small under the SBA 
definition.
    38. Specialized Mobile Radio (SMR). The Commission awards bidding 
credits in auctions for geographic area 800 MHz and 900 MHz SMR 
licenses to firms that had revenues of no more than $15 million in each 
of the three previous calendar years. In the context of both 800 MHz 
and 900 MHz SMR, this regulation defining ``small entity'' has been 
approved by the SBA; and the Commission has also received approval 
concerning 800 MHz SMR.
    39. The proposed rules in the Third NPRM apply to SMR providers in 
the 800 MHz and 900 MHz bands that hold CMRS licenses. The Commission 
does not know how many firms provide 800 MHz or 900 MHz geographic area 
SMR service as CMRS operators, nor how many of these providers have 
annual revenues of no more than $15 million. One firm has over $15 
million in revenues. The Commission assumes, for purposes of this IRFA, 
that all of the remaining existing SMR authorizations are held by small 
entities, as that term is defined by the SBA. For geographic area 
licensees in the 900 MHz SMR band there are 60 who qualified as small 
entities.
    40. Offshore Radiotelephone Service. This service operates on 
several UHF TV broadcast channels that are not used for TV broadcasting 
in the coastal area of the States bordering the Gulf of Mexico. At 
present, there are approximately 55 licensees in this service. The 
Commission is unable at this time to estimate the number of licensees 
that would qualify as small under the SBA's definition for 
radiotelephone communications.
D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements
    41. The Third NPRM invites comment on a number of issues pertaining 
to the implementation of 911 as the universal emergency number in the 
United States, and the transition to 911 by carriers that provide 
emergency communication services but are not currently using 911. A 
certain amount of regulation or compliance requirements may be inherent 
in ensuring the smooth, efficient transition to 911. For example, 
telecommunications carriers' equipment must recognize the dialing code 
911, and direct such calls along with certain other signaling and 
location information to the pre-designated location where personnel are 
available to receive reports of emergencies. A carriers' transition to 
the 911 emergency number may require development and operation of 
database systems, certain network modifications to current emergency 
dialing patterns, and upgrades in software and hardware. The Third NPRM 
seeks comment on all of the steps that carriers must undertake for that 
transition and suggested timeframes to complete those steps 
expeditiously. Further, the Commission conceivably could adopt a 
mechanism for monitoring the progress of this transition. One 
possibility is a requirement that carriers file transition reports with 
the Commission.
    42. The Commission is hopeful that the Third NPRM will attract 
clearly developed comments that will suggest suitable means for 
achieving ubiquitous, efficient transition to 911 with as little 
regulatory burden on all parties as possible. In this effort, the 
Commission, in cooperation with all interested parties, seeks a 
reliable, efficient way to improve critical 911 service in light of the 
varying current conditions in communities throughout the country. The 
expeditious transition to universal 911 usage is an important step in 
reaching this goal.
E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    43. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    44. The purpose of the 911 Act is to encourage and facilitate the 
prompt deployment throughout the United States of a seamless, 
ubiquitous, and reliable end-to-end infrastructure for emergency 
communications, including wireless communications. Congress found that 
the establishment of a network that provided for the rapid, efficient 
deployment of emergency services would result in many public benefits, 
including faster delivery of emergency care with reduced fatalities and 
severity of injuries, and improved service in rural areas. Because of 
the critical life and death nature of the issues at stake in 
implementing 911 as a national emergency number, it is important that 
all parties involved, large or small, participate in the creation of 
this emergency infrastructure. Therefore, it is imperative that all 
entities participate in this rulemaking proceeding in order that the 
opinions

[[Page 56757]]

about and the effect of the proposed rules on all entities be reflected 
in the comments filed herein. Thus, the Commission is limited in 
affording exceptions or providing benefits to small entities. Wherever 
possible, the Commission has afforded maximum flexibility and minimum 
burden on all affected parties. For example, in paragraphs 17-21 of the 
full text of the decision, the Commission makes it clear that it is 
aware that localities across the nation are currently at different 
stages of transitioning to 911, and that service-area specific 
circumstances and capabilities will serve to determine what the 
transition periods should be. In recognition of such diverse 
conditions, the Third NPRM further seeks specific input on what factors 
will affect the transition periods required by different categories of 
carriers and what timeframes would be necessary to accommodate such 
factors. In addition, where a locality has no PSAP or centralized 
emergency service program, because of the various logistical 
difficulties present in such a situation, the Commission tentatively 
conclude that it should not impose any particular obligation on 
carriers to transmit 911 calls in such localities or areas. The Third 
NPRM seeks comment on this tentative conclusion.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    45. None.

Paperwork Reduction Act

    46. The Third NPRM portion of this decision contains proposed a new 
paperwork 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 NPRM, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. 
Public and agency comments are due November 20, 2000. OMB comments are 
due January 17, 2001. 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.
    OMB Approval Number: None.
    Title: Transition to 911 Emergency Service: Third Notice of 
Proposed Rulemaking.
    Form No.: None.
    Type of Review: New information collection.
    Respondents: Business or other for profit and non-profit.
    Number of Respondents: 200,000.
    Estimated Time Per Response: 10 hours.
    Total Annual Cost Burden: 0.
    Total Annual Burden: 4,582,470 hours.
    Needs and Uses: The proposed meetings, if adopted, would be used to 
encourage cooperation and to provide affected parties with an 
opportunity to interact with each, thus smoothing the path for a 
cohesive, responsive, dependable 911 emergency communications system. 
The proposed report, if adopted, would be used by the Commission to 
track the progress being made towards transferring to 911 and to judge 
how much support and encouragement the Commission might provide to the 
various affected parties.

Ordering Clauses

    47. Pursuant to sections 1, 4(i), 4(j), 7, 10, 201, 202, 208, 214, 
251(e)(3), 301, 303, 308, 309(j), and 310 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 157, 160, 201, 202, 
208, 214, 251(e)(3), 301, 303, 308, 309(j), and 310, the Third NPRM in 
CC Docket No. 92-105 is hereby adopted.
    48. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Third NPRM including this 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Association.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 00-24111 Filed 9-18-00; 8:45 am]
BILLING CODE 6712-01-P