[Federal Register Volume 65, Number 243 (Monday, December 18, 2000)]
[Rules and Regulations]
[Page 78990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32134]



[[Page 78990]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; FCC 00-405]


Wireless Radio Services; Compatibility With Enhanced 911 
Emergency Calling Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule; petitions for reconsideration.

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SUMMARY: In this document the Commission denies two petitions for 
reconsideration of the Second Memorandum Opinion and Order in this 
proceeding, which modified the Commission's wireless Enhanced 911 
(E911) rules to eliminate the prerequisite that carrier cost recovery 
mechanisms be in place before the wireless carrier's obligation to 
provide E911 service is triggered. The Commission take this actions to 
respond to these petitions for reconsideration.

DATES: Effective December 18, 2000.

FOR FURTHER INFORMATION CONTACT: Barbara Reideler, 202-418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fifth 
Memorandum Opinion and Order (Fifth MO&O) in CC Docket No. 94-102; FCC 
00-405, adopted November 9, 2000, and released November 22, 2000. The 
complete text of this Fifth MO&O is available for inspection and 
copying during normal business hours in the FCC Reference Information 
Center, Courtyard Level, 445 12th Street, S.W., Washington, DC, and 
also may be purchased from the Commission's copy contractor, 
International Transcription Services (ITS, Inc.), CY-B400, 445 12th 
Street, S.W., Washington, DC.

Synopsis of the Fifth Memorandum Opinion and Order

    1. In this Fifth Memorandum Opinion and Order (Fifth MO&O), the 
Commission denies two petitions for reconsideration of the Second 
Memorandum Opinion and Order (see Second MO&O, 64 FR 72951, December 
29, 1999) in this proceeding, in which the Commission modified its 
Enhanced 911 (E911) to eliminate the prerequisite that carrier cost 
recovery mechanisms be in place before the wireless carrier's 
obligation to provide E911 service is triggered. In January 2000, Rural 
Cellular Association (RCA) and CorrComm, L.L.C. filed petitions for 
reconsideration of that decision. In April 2000, RCA filed a peittion 
for stay of the implementation of the amended cost recovery rule, which 
became effective on April 27, 2000. Inasmuch as the Commission now 
denies the petitions for reconsideration of the Second MO&O, the 
petition for stay is denied as moot.
    2. In denying the petitions for reconsideration the Commission 
affirms that: (1) Adequate notice and opportunity for comment was 
provided, (2) a complete record supports our conclusion that the rule 
resulted in a significant impediment to Phase I implementation that was 
inconsistent with our rules and the statute, and (3) we fully 
considered the impact of removing the carrier cost recovery requirement 
on all carriers, including rural carriers.

Final Regulatory Flexibility Analysis

    3. The Commission has not prepared an additional Final Regulatory 
Flexibility Analysis (FRFA) of the possible economic impact on small 
entities of the Commission's decisions. See generally, the Regulatory 
Flexibility Act (RFA), 5 U.S.C. 604, because this Fifth MO&O does not 
promulgate or revise any rules, and the previous FRA analyses in this 
proceeding remain unchanged.

Authority

    4. This action is taken pursuant to sections 1, 4(i), 201, 303, 
309, and 332 of the Communications Act of 1934, as amended by the 
Telecommunications Act of 1996, 47 U.S.C. 151, 154(i), 201, 303, 309, 
and 332.

Ordering Clauses

    5. The Petitions for Reconsideration filed by Corr Wireless 
Communications, L.L.C. (formerly CorrComm, L.L.C.) and Rural Cellular 
Association are denied. The Petition for Stay filed by Rural Cellular 
Association is denied as moot.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-32134 Filed 12-15-00; 8:45 am]
BILLING CODE 6712-01-P