[Federal Register Volume 65, Number 182 (Tuesday, September 19, 2000)]
[Proposed Rules]
[Pages 56757-56763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24112]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 00-110; FCC 00-327]


Compatibility with 911 Emergency Calling Systems; Compatibility 
with Enhanced 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 how it should 
encourage and support deployment of comprehensive end-to-end emergency 
communications infrastructure and programs. The Commission has a 
statutory mandate to undertake such an effort in encouraging and 
supporting the States in their plans to achieve such deployment. 
Obtaining comment on the best course for the Commission to carry out 
its mandate will serve to achieve a coordinated, nationwide emergency 
communications network that integrates the latest technologies with 
improved emergency service to the public. In fulfilling its obligation, 
the Commission is not authorized to impose obligations or costs on any 
person.

DATES: Comments are due on or before October 16, 2000, and reply 
comments are due November 15, 2000. Public comment on the information 
collections are due October 19, 2000, and comments by the Office of 
Management and Budget are due January 17, 2001.

ADDRESSES: Send comments and reply comments to the Office of the 
Secretary, Federal Communications Commission, Washington, D.C. 20554. 
In addition to filing comments with the Secretary, a copy of any 
comments on the information collections contained herein should be 
submitted to 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: David Siehl, 202-418-1310. For further 
information concerning the information collection contained in this 
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 Notice of Proposed 
Rulemaking portion (NPRM) in WT Docket No. 00-110; FCC 00-327, adopted 
August 24, 2000, and released August 29, 2000. The complete text of 
this decision 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

[[Page 56758]]

(ITS, Inc.), CY-B400, 445 12th Street, SW., Washington, DC.

Synopsis of the Notice of Proposed Rulemaking

    1. The Wireless Communications and Public Safety of 1999 (911 Act) 
seeks to achieve a coordinated, nationwide emergency communications 
network that integrates the latest technologies and ensures improved 
and prompt delivery of emergency services. To facilitate this goal, 
section 3(b) of the 911 Act directs the Commission to ``encourage and 
support efforts by States to deploy comprehensive end-to-end emergency 
communications infrastructure and programs, based on coordinated 
statewide plans, including seamless, ubiquitous, reliable wireless 
telecommunications networks and enhanced wireless 911 service.'' The 
Commission is directed to ``encourage each State to develop and 
implement coordinated statewide deployment plans, through an entity 
designated by the governor, and to include representatives'' of various 
relevant organizations and other stakeholders in the development and 
implementation of such plans. Although the 911 Act requires the 
Commission to ``consult and cooperate with State and local officials'' 
in its role of encouraging and supporting such deployment, the 
Commission is not authorized to ``impose obligations or costs on any 
person.''
    2. In this Notice of Proposed Rulemaking (NPRM), as a general 
matter, the Commission seeks comment on what measures it should 
undertake to encourage and support efforts by the States to deploy 
comprehensive emergency communications networks based on each State's 
coordinated plan. At the outset of this discussion, the Commission 
finds that section 3(b) reflects a careful balance between the need for 
Federal and State leadership and the responsibilities of local 
jurisdictions and others to provide 911 emergency services. Congress 
recognized that most of the key decisions in this area are not made by 
the Federal government, but by the private sector and State and local 
governments, and that implementation of 911 systems is carried out at 
the local level. The Commission finds, therefore, that the framework 
for implementation of the state plans and statewide emergency systems 
envisioned by the 911 Act should rely on the cooperation and 
coordination of all the interested parties. The Commission tentatively 
concludes that, under section 3(b), it may adopt provisions that 
facilitate the States' efforts through guidelines, fact sheets, 
meetings, or other information-sharing measures that do not impose 
obligations or costs or otherwise interfere with the careful balance of 
responsibilities. The Commission seeks comment on its tentative 
conclusion.
    3. Initially, the Commission could satisfy its obligation to 
consult and cooperate with the listed parties in the development of 
state plans by convening a forum or other meetings to develop and 
disseminate information on 911 issues. The Commission believes that a 
record developed in such meetings might be useful in providing 
consultation and cooperation among the interested parties. As an 
initial matter, these meetings could be useful to discuss our current 
911 rules. Further, such an approach also could entail coordination 
among designated entities from different States that share problems 
particular to their region and perhaps from specific rural or urban 
areas that overlap state boundaries. The Commission could invite, for 
example, attendance by representatives of the groups listed in the 911 
Act, as well as other interested organizations or representatives. The 
Commission seeks comment on these tentative suggestions and any other 
approaches, such as a ``Round Table'' meeting on technical matters, 
which would provide effective means for consulting about or monitoring 
state plans. To enable the Commission to monitor technical developments 
that may assist the States in their efforts, the Commission also seeks 
comment on whether carriers are the best source of information on the 
status of deployment of statewide 911 services, and how such 
information might be gathered and shared.
    4. In addition, the Commission could perform the function of a 
``clearinghouse,'' both with regard to reporting information gathered 
at the meetings or elsewhere and indicating problems encountered in 
implementation of 911 infrastructures and programs, including the 
progress of the States in developing end-to-end systems and 
establishing their state plans, as well as the entities designated to 
develop statewide systems. In such a capacity, the Commission might 
gather information on the status of implementation of 911 across the 
country, and thus serve as a resource for entities designated by the 
governors, perhaps in conjunction with representative associations. 
Information about emerging technologies, including Automatic Crash 
Notification and other advance safety systems, could in this way be 
shared among the States and incorporated in the statewide plans. In 
addition, it may be useful to use the Commission's current E911 web 
site to make available 911 technical and implementation information, 
including information about other sources that may assist States and 
localities in developing their plans. (http:// www.fcc.gov//e911.) The 
Commission seeks comment on these proposals, including what information 
should be put on the Commission's E911 web site that would assist 
interested parties.
    5. The Commission also seeks comment on what other forms of 
information the Commission could assist in providing that would be 
useful. For example, a ``model'' state plan could be developed. The 
Commission seeks comment on the process by which a ``model'' state plan 
could be developed in a manner that does not impose costs or 
obligations on any person. Finally, as a general matter, the Commission 
requests comment on what additional steps the States view as necessary 
to their development of state plans and on what kinds of support the 
States need from the Commission in order to achieve the statutory 
objectives of section 3(b).

Administrative Matters

    6. 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 NPRM 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 Cheryl Callahan, 
Network Services Division, Common Carrier Bureau, at 445 Twelfth 
Street, SW., Washington, DC 20554. 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

[[Page 56759]]

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. A copy of any 
comments on the information collection 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].

Ex Parte Presentations

    7. This NPRM 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.

Paperwork Reduction Act of 1995 Analysis

    8. The actions proposed in this NPRM have been analyzed with 
respect to the Paperwork Reduction Act of 1995 and found to contain 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--NPRM

    9. The Initial Regulatory Flexibility Analysis (IRFA) in this NPRM 
is limited to matters addressed in the NPRM. This is a summary of the 
IRFA. The full IRFA may be found in Appendix B of the full text of this 
decision.
    10. As required by the Regulatory Flexibility Act (RFA) (See 5 
U.S.C. 603. The RFA, see 5 U.S.C 601 et seq. has been 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). The Commission 
has prepared this present IRFA of the possible significant economic 
impact on small entities by the policies and rules proposed in this 
decision. 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 NPRM. The Commission will send a copy of 
the Notice of Proposed Rulemaking, including this IRFA, to the Chief 
Counsel for Advocacy or the Small Business Administration. See 5 U.S.C. 
603(a).

A. Need for, and Objectives of, the Proposed Rules

    11. The NPRM initiates a proceeding to address issues that are 
involved in implementing the (911 Act). The 911 Act seeks to achieve a 
coordinated, nationwide emergency communications network that 
integrates the latest technologies and ensures improved and prompt 
delivery of emergency services. Section 3(b) of the 911 Act directs the 
Commission to encourage and support efforts by the States to deploy 
comprehensive end-to-end emergency communications infrastructure and 
programs, based on coordinated statewide plans. The NPRM seeks comment 
on what measures the Commission should adopt to encourage and support 
those state efforts. The NPRM also seeks comment on how the Commission 
should satisfy its obligation to consult and cooperate with various 
stakeholders in the development of state plans. The Commission 
recognizes that it must balance its mandate of encouraging and 
supporting parties in their efforts with its Congressional directive 
not to impose obligations or costs on any person. The NPRM is intended 
to ensure that the Congressional goals for an expanded and improved 
nationwide emergency communications system are implemented 
expeditiously, effectively, and efficiently, thus saving and improving 
lives.

B. Legal Basis for Proposed Rules

    12. The proposed action is authorized under sections 1, 4(i), 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), 157, 160, 201, 
202, 208, 214, 251(e)(3), 301, 303, 308, 309(j), 310; and 47 U.S.C.A. 
615.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    13. 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.
    14. 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.
    15. 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.
    16. 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.
    17. 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.

[[Page 56760]]

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.
    18. 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 NPRM.
    19. 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. The Commission does 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, the 
Commission estimates 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 NPRM.
    18. 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 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 NPRM.
    19. 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 NPRM.
    20. 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 NPRM.
    21. 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.
    22. 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.
    23. Private and Common Carrier Paging. The Commission has proposed

[[Page 56761]]

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.
    24. 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.
    25. 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. 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.
    26. 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.
    27. 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.
    28. 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.
    29. 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.
    30. The proposed rules in the 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.
    31. 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

    32. The NPRM seeks comment on what measures may be necessary to 
implement the provisions of section 3(b) of the 911 Act, and on the 
Commission's

[[Page 56762]]

tentative conclusion that it may adopt measures that facilitate the 
efforts of the States in their deployment of comprehensive emergency 
communications networks. Actual reporting, recordkeeping, and 
compliance requirements will depend on what the Commission ultimately 
adopts. Based on the proposals contained in the NPRM, the Commission 
finds several possible compliance requirements. First, the 911 Act 
mandates that each State ``develop and implement coordinated statewide 
deployment plans. * * *'' It may thus be necessary for various involved 
parties, including the carriers and the PSAPs, to communicate regularly 
both orally and in person. The Commission might assist in these 
cooperative efforts by scheduling round table discussions or acting as 
a clearinghouse for information. The parties may be asked to 
participate by providing, for example, available information on the 
status of the implementation of 911 infrastructures and programs, and 
by contributing to a process in which the Commission could assist in 
providing information, possibly for the development of a ``model'' 
state plan. Also, to ensure compliance with the statutory objectives of 
section 3(b), the Commission could conceivably request that these plans 
be submitted to the Commission for review. These issues are discussed 
in paragraphs 24-27 of the NPRM.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    33. 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.
    34. 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 
equally in the 911 program. The NPRM takes note, however, of 
Congressional recognition that most of the key decisions in improving 
911 service are not made by the Federal government but by the private 
sector and State and local governments, and implementation of 911 
systems is carried out at the local level. Therefore, instead of 
proposing that the Commission play a strong regulatory role in 911 
implementation, the NPRM seeks comment on different measures that could 
possibly be taken as part of a framework for deployment of 
comprehensive emergency systems based on statewide plans and that are 
based on the cooperation and coordination of all the interested 
parties, with the encouragement and support of the Commission.
    35. Rather than proposing that the various parties coordinate among 
themselves and report back to the Commission with the result of their 
efforts, the NPRM, as indicated in paragraph 25, seeks comment on 
whether the Commission could satisfy its obligation to consult and 
cooperate by convening a forum or other meetings to develop and 
disseminate information on 911 issues. The Commission believes that 
this could help the coordination process by bringing together the 
designated entities from different States that share problems 
particular to their region and perhaps from specific rural or urban 
areas that overlap state boundaries. Also, paragraph 26 sets forth, the 
Commission proposes that it could perform a ``clearinghouse'' function, 
providing a common point for locating necessary information and 
indicating the problems encountered and the progress made. Finally, as 
a general matter, the NPRM solicits comment on steps the States view as 
necessary to their development of state plans and what kinds of support 
they need from the Commission in order to achieve the statutory 
objectives of section 3(b).

F. Federal Rules that May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    36. None.

Ordering Clauses

    37. Pursuant to sections 1, 4(i), 4(j), 7, 10, 201, 202, 208, 214, 
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, 
301, 303, 308, 309(j), and 310; and U.S.C.A 615, the Notice of Proposed 
Rulemaking in WT Docket No. 00-110 is adopted.
    38. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this NPRM, including the 
associated Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Association.

[[Page 56763]]

Paperwork Reduction Act

    39. This NPRM contains a new information collection. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collections contained in this 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: (a) Whether the new collection of information 
is necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (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: N.A.
    Title: Enhanced 911 Emergency Calling Systems, NPRM.
    Form No. N.A.
    Type of Review: New information collection.
    Respondents: Business or other for profit, non-profit.
    Number of Respondents: 200,000.
    Estimated Time Per Response: 11 hours.
    Total Annual Burden: 10,982,470 hours.
    Cost to Respondents: 0.
    Needs and Uses: The proposed burdens contained in this NPRM would 
be used by the Commission to satisfy its legislative mandate to consult 
and cooperate with the affected parties, and to offer encouragement and 
support to the parties in their efforts to achieve a cohesive 
transmission to full 911 emergency communications service.

Ordering Clauses

    40. 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 NPRM in WT 
Docket No. 00-110 is hereby adopted.
    41. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this NPRM, including the IRFA, 
to the Chief Counsel for Advocacy of the Small Business Association.

    Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 00-24112 Filed 9-18-00; 8:45 am]
BILLING CODE 6712-01-P