[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Rules and Regulations]
[Pages 58657-58661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25219]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; FCC 00-326]


Wireless Radio Services; Compatibility with Enhanced 911 
Emergency Calling Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule; petitions for reconsideration.

-----------------------------------------------------------------------

SUMMARY: The Commission, in this document makes adjustments to the 
deployment schedule that must be followed by wireless carriers that 
choose to implement enhanced 911 Phase II service using a handset-based 
technology. This document also defers the date for initial distribution 
of Automatic Location Identification (ALI)-capable handsets by seven 
months, adjusts the timetable for carriers to meet certain interim 
benchmarks for activating new ALI-capable handsets, defers the date by 
which a carrier must achieve full penetration of ALI-capable handsets 
by one year, modifies the manner in which the Commission defines full 
penetration, eliminates the separate handset phase-in schedule 
triggered by a request from a Public Safety Answering Point, and 
addresses several other issues regarding implementation of enhanced 911 
Phase II. These actions are taken in response to petitions for 
reconsideration of the Third Report and Order in this proceeding.

DATES: Effective November 1, 2000.

ADDRESSES: 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].

FOR FURTHER INFORMATION CONTACT: Dan Grosh, 202-418-1310. For further 
information concerning the information collection contained in this 
Fourth Memorandum Opinion and Order, 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 Fourth 
Memorandum Opinion and Order (MO&O) in CC Docket No. 94-102; FCC 00-
326, adopted August 24, 2000, and released September 8, 2000. The 
complete text of the MO&O and the Supplemental Final Regulatory 
Flexibility Analysis is available on the Commission's Internet site, at 
www.fcc.gov., and is also available for inspection and copying during 
normal business hours in the FCC Reference Information Center, 
Courtyard Level, 445 12th Street, SW., Washington, DC. The text may 
also be purchased from the Commission's copy contractor, International 
Transcription Services (ITS, Inc.), CY-B400, 445 12th Street, SW., 
Washington, DC.
    The procedures regarding submission of waivers of the Phase II 
requirements contain information collection requirements that are not 
effective until approved by the Office of Management and Budget. Public 
comment on the information collections in the waiver requirements are 
due December 1, 2000, and comments by the Office of Management and 
Budget are due January 30, 2001. The Commission will publish a document 
in the Federal Register announcing OMB approval of these burdens.

Synopsis of the Fourth Memorandum Opinion and Order

    1. In this MO&O, in response to petitions for reconsideration of 
the Third Report and Order in this proceeding (64 FR 60126, November 4, 
1999), the Commission makes certain changes to its wireless enhanced 
911 (E911) rules aimed at facilitating full compliance with those rules 
on a nationwide basis. This MO&O is

[[Page 58658]]

particularly concerned with implementation of Phase II of the 
Commission's E911 program.
    2. Specifically, the MO&O first makes adjustments to the deployment 
schedule that must be followed by wireless carriers that choose to 
implement E911 Phase II service using a handset-based technology. While 
the Commission retains October 1, 2001, as the implementation date for 
E911 Phase II, it defers the date for initial distribution of Automatic 
Location Identification (ALI)-capable handsets by seven months, and 
adjusts the timetable for carriers to meet certain interim benchmarks 
for activating new ALI-capable handsets. In this regard, the MO&O 
extends from March 1, 2001, to October 1, 2001, the date for carriers 
to begin selling and activating ALI-capable handsets.
    3. In taking these actions, the Commission disagrees with those 
petitioners who seek substantial delays in the handset deployment 
schedule, instead finding that the public interest and the public 
safety do not support a substantial delay in the current handset 
deployment schedule. Even if some major handset manufacturers prove 
unable or unwilling to produce ALI-capable handsets in the near future, 
the Commission believes that the public safety will be better served if 
carriers area required to deploy other available ALI solutions, 
including GPS handsets that may be available from other manufacturers, 
according to the timetable set in the MO&O. To allow the lengthy delay 
requested by some parties, the Commission finds, would jeopardize the 
progress made to date in the development of ALI solutions. These issues 
are discussed in more detail in paragraphs 24 through 30 of the full 
text of the MO&O.
    4. While the Commission concludes that substantial changes in the 
current schedule are not justified, it does find good cause to make 
some changes in the handset schedule to allow a more realistic 
opportunity for deployment of handset-based solutions. Thus, the MO&O 
eliminates the separate phase-in schedule that is triggered by a Public 
Safety Answering Point (PSAP) request.
    5. The MO&O next extends by seven months the date for initial 
distribution of ALI-capable handsets. The Commission believes that the 
current March 1, 2001, date may be difficult to meet and, as discussed 
in paragraph 33 of the full text of the MO&O, and revises the schedule 
to require that carriers employing a handset-based solution begin 
making ALI-capable handsets available for sale no later than October 1, 
2001. Further, these initial handsets need not be the same types or 
brands as those that carriers plan to offer later in the year, or in 
future years.
    6. Next the Commission adopts the following revised phase-in 
schedule:
     December 31, 2001: At least 25 percent of all new handsets 
activated are to be ALI-capable;
     June 30, 2002: 50 percent of all new handsets activated 
are to be ALI-capable;
     December 31, 2002, and thereafter: 100 percent of all new 
digital handsets activated are to be ALI-capable.
    As is the case currently, this requirement applies only to the 
activation of newly-purchased handsets, not to handsets already in use. 
Consumers will continue to be able to use their existing phones, and to 
switch service to other carriers or to other operating areas.
    7. Next, the Commission concludes that the final step in the 
current schedule for handset solutions should be modified in two 
respects. First, the MO&O extends the timeframe for carriers to reach 
full penetration of ALI-capable handsets by an additional year, by 
moving the deadline from December 31, 2004, to December 31, 2005. 
Second, the MO&O adopts a requirement that carriers achieve 95 percent 
penetration of ALI-capable handsets by the December 31, 2005, date, 
rather than that they employ ``reasonable efforts'' to achieve 100 
percent penetration.
    8. The MO&O, in paragraphs 42 through 45, considers the 
Commission's policy on waiver requests. Generally, the Commission's 
rule may be waived for good cause shown. Waiver is only appropriate, 
however, if special circumstances warrant a deviation from the general 
rule, and such a deviation will serve the public interest. In those 
particular cases where waivers may be justified, broad, generalized 
waivers should not be necessary and will not be granted. The Commission 
expects waiver requests to be specific, focused and limited in scope, 
and with a clear path to full compliance. Further, carriers should 
undertake concrete steps necessary to come as close as possible to full 
compliance, and should document their efforts aimed at compliance in 
support of any waiver requests. Carriers seeking a waiver will be 
expected to specify the solutions they considered and explain why none 
could be employed in a way that complied with the Phase II rules. If 
deployment is scheduled, but for some reason must be delayed, the 
carrier should specify the reason for the delay and provide a revised 
schedule. It is not sufficient for a carrier to undertake a minimalist 
approach, in which the carrier conducts certain tests, decides that the 
tests do not definitively demonstrate that the technologies tested will 
satisfy the Commission's requirements in all situations, and as a 
result, declines to implement any ALI solution. In view of the 
importance of the Commission's E911 rules to public safety, the 
Commission expects to take any steps necessary to ensure that carriers 
take their obligations seriously, including assessing appropriate 
penalties on carriers that fail to comply.
    9. The MO&O considers a request for waiver from Sprint Spectrum, 
L.P. to permit implementation of a handset-based location technology. 
(Paragraphs 46 and 47.) Based on the present record, the Commission 
denies Sprint's petition for reconsideration and renewed request for a 
waiver to implement a hybrid solution, finding that Sprint has not 
adequately demonstrated that special circumstances exist that warrant a 
deviation from our rules, nor that grant of such a waiver would be in 
the public interest.
    10. Paragraphs 51 through 68 of the MO&O discuss VoiceStream's 
request for waiver to permit implementation of a handset-based location 
technology. The Commission grants a waiver to VoiceStream to permit to 
employ an ALI solution that requires changes to both its network and 
handsets, subject to the following conditions and requirements. First, 
VoiceStream must implement a network safety solution that provides 
baseline location information for all wireless 911 calls no later than 
December 31, 2001. The accuracy requirement for this baseline location 
information is 1000 meters for 67 percent of calls. Second, by October 
2, 2001, VoiceStream must ensure that 50 percent of all new handsets 
activated are Enhanced Observed Time Difference of Arrival (E-OTD)-
capable. Third, effective October 1, 2001, VoiceStream must ensure that 
all E-OTD-capable handsets comply with an accuracy requirement of 100 
meters for 67 percent of calls, 300 meters for 95 percent of calls. 
Fourth, VoiceStream must ensure that all new E-OTD-capable handsets 
activated on or after October 1, 2003, comply with an accuracy 
requirement of 50 meters for 67 percent of calls, 150 meters for 95 
percent of calls. Fifth, within six months after a PSAP request, or 
October 1, 2001, whichever is later, VoiceStream must implement any 
network or infrastructure upgrades necessary to provide Phase II 
service, and begin providing Phase II location information. Sixth, 
VoiceStream must comply with the requirement to achieve 95 percent 
penetration of location-capable headsets

[[Page 58659]]

among its subscribers no later than December 31, 2005. Seventh, 
VoiceStream must report the results of all trials and tests of its ALI 
technology and results semi-annually beginning October 1, 2000, and 
continuing through October 1, 2003. To the extent that VoiceStream 
cannot comply with any of these conditions, it will be expected to use 
another ALI methodology that comports with our requirements.
    11. The MO&O, at paragraphs 69 through 74, denies a request for 
waiver seeking an extension of all Phase II deadlines for rural 
wireless carriers, filed by United States Cellular Corporation (USCC), 
finding that the request is insufficiently substantiated.
    12. Paragraphs 75 through 81 of the MO&O grant a slight extension 
of the date upon which carriers must file their implementation plan 
reports from October 1, 2000, to November 9, 2000. Carriers may make 
good faith changes in their plans even after the report is filed, 
including changes in ALI technologies. These changes must be filed 
within thirty days of the adoption of any such change.

Paperwork Reduction Act of 1995 Analysis

    13. The actions contained in this MO&O have been analyzed with 
respect to the Paperwork Reduction Act of 1995, and found to impose new 
reporting and recordkeeping requirements or burdens on the public. 
Implementation of these new reporting and recordkeeping requirements 
will be subject to approval by the Office of Management and Budget, as 
prescribed by the Act. The new paperwork requirement contained in the 
waiver section of this decision will go into effect January 30, 2001.
    14. The deadline for carriers to file their implementation plans 
(OMB 3060-0910) is extended from October 1, 2000, to November 9, 2000.

Supplemental Final Regulatory Flexibility Analysis (SFRFA)

    15. As required by the Regulatory Flexibility Act (RFA),\1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in 
Appendix B II of the Further Notice of Proposed Rulemaking in this 
proceeding (FNPRM). A Final Regulatory Flexibility Analysis (FRFA) was 
incorporated in Appendix C of the Third Report and Order (Third R&O). 
Additionally, the Commission sought written public comment on the 
proposals in FNPRM, including comment on the IRFA. These comments were 
discussed in the FRFA. This Supplemental Final Regulatory Flexibility 
Act Analysis (SFRFA) considers the current Fourth Memorandum Opinion 
and Order (MO&O) and updates information contained in the FRFA. The 
present SFRFA, contained in Appendix C of the full text of the MO&O, 
conforms to the RFA.
---------------------------------------------------------------------------

    \1\ 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).
---------------------------------------------------------------------------

Need for, and Objectives of, the MO&O

    16. The MO&O is intended to provide wireless carriers, 
manufacturers, and the public safety community with additional clarity 
so that Phase II of the Commission's 911 effort can be deployed and 
operational on schedule, so far as possible. The MO&O supports the 
efforts of many entrepreneurs, public safety answering points, and 
companies who are working toward the technical and operational 
improvements needed to optimize 911 service and thus save lives.

Summary of Significant Issues Raised by Public Comments in Response 
to the FRFA

    17. No comments were directed at the FRFA, and no comments were 
received from small entities that are not part of a larger 
organization. However, one reconsideration petition, filed jointly by 
handset manufacturers Nokia, Inc. and Motorola, Inc. contends that the 
rules adopted in the Third R&O set an overly aggressive deployment 
schedule for the introduction of handset-based Automatic Location 
Identification (ALI) technologies for which there is inadequate support 
in the record. Nokia, Motorola, and Ericsson ask that the Commission 
relax the handset deployment schedule substantially by only requiring 
carriers to begin selling and activating ALI-capable handsets 18 months 
after the date on which they have made their technology choices known 
to the FCC. (The discussion concerning these petitions and comments 
supporting Nokia, Motorola and Ericsson's arguments favoring a relaxed 
schedule may be found at paragraphs 12-14 of the MO&O.) Other parties 
raised concerns about the separate schedule for ALI-capable handset 
deployment triggered by a public service answering point (PSAP) 
request, noting the impracticality of such a schedule. (This contention 
is discussed in paragraph 15 of the MO&O.) Finally, in paragraph 16 of 
the MO&O, other parties maintain that the requirement in the current 
911 rules that carriers employing handset-based solutions undertake 
reasonable efforts to achieve 100 percent usage of ALI-capable handsets 
by their customers by December 31, 2004, or two years after a PSAP 
request, is both overly demanding and vague.

Description and Estimate of the Number of Small Entities To Which 
Rules Will Apply

    18. 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 the Small Business 
Act. A small business concern is one which: (i) is independently owned 
and operated; (ii) is not dominant in its field of operation; and (iii) 
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. The Commission updates the 
figures reflected in the FRFA in the Third Report and MO&O.
    19. 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. As stated in 
paragraph 11 of the FRFA, there is a total of 183 small entity PCS 
providers as defined the SBA and the Commission's auction's rules.
    20. 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 assume, for purposes of this SFRFA, that all 
of the licenses will be awarded to small entities, as that term is 
defined by the SBA, so, there may be as many as 3,519 small entities 
affected.
    21. Specialized Mobile Radio (SMR). The Commission awards bidding 
credits in auctions for geographic area 800 MHz

[[Page 58660]]

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 
900 MHz SMR, this regulation defining ``small entity'' has been 
approved by the SBA; as has this regulation concerning 800 MHz SMR.
    22. The rules in the MO&O apply to SMR providers in the 800 MHz and 
900 MHz bands that hold CMRS licenses. We do 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. The Commission assumes, for purposes of this 
SFRFA, that all of the remaining existing SMR authorizations are held 
by small entities, as that term is defined by the SBA. In the 900 MHz 
SMR band, there are 60 small or very small entities and there are 38 
such entities in the 800 MHz band.

Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    23. In paragraphs 42 through 45, the MO&O discusses what should be 
included in successful waiver requests. All of the other changes 
adopted in this MO&O, are changes in the existing schedule rather than 
adding new burdens. The critical nature of improving nationwide 
wireless E911 services does not allow the Commission much flexibility 
to differentiate between large and small entities because a lapse in 
the provision of dependable, responsive 911 service by a small business 
can lead to the same catastrophic result as a lapse by a large entity. 
However, the Commission, in adopting the E911 improvement program, has 
tried wherever possible to consider the individual needs and situation 
of all involved parties. In this decision, the actual cost of the 
amendments to all entities is nominal.

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

    24. The RFA requires an agency to describe any significant 
alternative that it has considered in reaching its proposed approach, 
which may include the following four alternatives: (i) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (ii) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(iii) the use of performance, rather than design standards; and (iv) 
exemption from coverage.
    25. First, the Commission declines to extend the implementation 
date for E911 Phase II beyond October 1, 2001, partially to avoid 
placing the burden for obtaining location information on PSAPs, already 
acting under constrained emergency conditions. This discussion is at 
paragraphs 24 through 30 of the MO&O. However, we do extend the date 
for initial distribution of ALI-capable handsets by seven months and we 
also adjust the timetable for carriers to meet certain interim 
benchmarks for activating new ALI-capable handsets. The alternative, to 
leave the schedules as is would be unfair to carriers, large and small. 
(Paragraph 33 of the MO&O contains this discussion.) At paragraphs 36-
37 of the MO&O, we defer the date by which a carrier must achieve full 
penetration of ALI-capable handsets by one year, and modify the manner 
in which we define full penetration. Further, at paragraphs 31-32 of 
the MO&O, the Commission eliminates the separate handset deployment 
schedule for areas where PSAPs have requested deployment of Phase II. 
These actions should provide flexibility to all entities to comply with 
911 requirements utilizing the most current and efficient technology, 
thus also ensuring the most responsive and dependable 911 system 
possible. Thus the Commission again chose not to stay with the current 
schedule. The alternatives in each case would have resulted in 
additional burden on all affected parties.
    26. One alternative that the Commission considered and rejected 
concerned the petition by USCC that requests a six-month extension of 
all Phase II deadlines for rural wireless carriers. As discussed in 
paragraphs 69 through 74 of the MO&O, USCC contends that without such 
an extension, rural wireless carriers (often small entities) like USCC 
will be forced to begin spending millions of dollars to implement a 
network-based Phase II solution, because equipment manufacturers are 
unable at present to guarantee that they will provide a handset-based 
solution that satisfies the requirements and timetable. The Commission 
denies this request finding that even if some manufacturers cannot meet 
even the deadlines as revised in this MO&O, others may very well be 
able to provide ALI-capable handsets within the new timeframe. Also, 
the MO&O maintains that the expenses involved will come over a period 
of time and not all come due at once and that USCC's request is overly 
broad. Further, the MO&O finds that there are certain ALI solutions 
that are being offered on terms that do not require up-front investment 
by carriers. Further, the MO&O stresses that the Commission's denial of 
USCC's request does not foreclose future waiver requests from USCC or 
other carriers, including rural carriers.
    27. Finally, it should be noted that the Commission's requirement 
that wireless carriers provide the location of wireless 911 callers has 
created a business opportunity for companies that are to develop and 
provide the technology to meet this obligation. It is expected that 
many location technology providers will qualify as small businesses.
    28. Report to Congress: The Commission will send a copy of the 
MO&O, including this SFRFA, in a report to be sent to Congress pursuant 
to Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
801(a)(1)(A). In addition, the Commission will send a copy of the MO&O 
on Reconsideration and this SFRFA to the Chief Counsel for Advocacy of 
the Small Business Administration.

Ordering Clauses

    29. Part 20 of the Commission's Rules is amended.
    30. The rule amendments made by the MO&O shall become effective 
November 1, 2000, except for the new information collection regarding 
waivers, which will become effective January 30, 2001, pending OMB 
approval.
    31. The Commission's Consumer Information Bureau, Reference 
Operations Division, shall send a copy of this MO&O, including the 
Supplemental Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    32. The petition for reconsideration filed by Nokia and Motorola is 
denied.
    33. The petition for reconsideration filed by Sprint PCS is denied.
    34. The petition for reconsideration filed by Aerial 
Communications, Inc., is denied.
    35. VoiceStream Communications is granted a waiver of the E911 
Phase II requirements, subject to conditions, to the extent indicated 
in the full text of the MO&O.
    36. The request for extension of the E911 Phase II deadlines for 
rural carriers filed by United States Cellular Corp. is denied.

Paperwork Reduction Act

    37. This MO&O contains a new information collection. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens,

[[Page 58661]]

invites the general public to comment on the information collections 
contained in this MO&O as required by the Paperwork Reduction Act of 
1995, Public Law 104-13. Public and agency comments are due December 1, 
2000. 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. In 
addition to the burdens included in this submission, this decision also 
slightly modifies the PRA submission contained in OMB No. 3060-0910 by 
extending the date by which carriers must submit to the Commission, 
their plans for implementing Phase II from October 1, 2000, to November 
9, 2000.
    OMB Approval Number:
    Title: Revision of the Commission's Rules to Ensure Compatibility 
with Enhanced 911 Emergency Calling Systems, Fourth MO&O.
    Form No. N.A.
    Type of Review: New information collection.
    Respondents: Business or other for profit.
    Number of Respondents: 2,500.
    Estimated Time Per Response: 3 hours.
    Total Annual Burden: 7,500 hours.
    Cost to Respondents: .0.
    Needs and Uses: The information required to be included in a 
successful request for waiver of the E911 Phase II requirements will be 
used to assist the Commission in judging whether the request has merit.

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 20.18 is amended by revising paragraphs (g)(1), (g)(2), 
and (i) to read as follows:


Sec. 20.18  911 Service.

* * * * *
    (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 October 1, 2001;
    (ii) Ensure that at least 25 percent of all new handsets activated 
are location-capable no later than December 31, 2001;
    (iii) Ensure that at least 50 percent of all new handsets activated 
are location-capable no later than June 30, 2002; and
    (iv) Ensure that 100 percent of all new digital handsets activated 
are location-capable no later than December 31, 2002, and thereafter.
    (v) By December 31, 2005, achieve 95 percent penetration of 
location-capable handsets among its subscribers.
    (2) Once a PSAP request is received, the licensee shall, in the 
area served by the PSAP, within six months or by October 1, 2001, 
whichever is later:
    (i) 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
    (ii) Begin delivering Phase II enhanced 911 service to the 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 the Phase II accuracy requirements by November 9, 
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. 00-25219 Filed 9-29-00; 8:45 am]
BILLING CODE 6712-01-U