[Federal Register Volume 65, Number 250 (Thursday, December 28, 2000)]
[Rules and Regulations]
[Pages 82293-82295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33025]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; FCC 00-436]


Wireless Radio Services; Compatibility with Enhanced 911 
Emergency Calling Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission takes steps to ensure that 
persons with hearing and speech disabilities using text telephone (TTY) 
devices will be able to make 911 emergency calls over digital wireless 
systems. With this in mind, the Commission establishes June 30, 2002, 
as the deadline by which digital wireless service providers must be 
capable of transmitting 911 calls made using TTY devices. The 
Commission also imposes a reporting requirement on carriers, which may 
be fulfilled through an industry forum that has been actively involved 
in resolving TTY/digital compatibility problems.

DATES: The amendment to 47 CFR part 20 is effective February 26, 2001.

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, D.C. 20554, or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Legal Information: Mindy Littell, 202-
418-1310. Technical Information: Patrick Forster, 202-418-1310. For 
further information concerning the information collection contained in 
this Report 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 
Report and Order (Fourth R&O) in CC Docket No. 94-102; FCC 00-436, 
adopted December 11, 2000, and released December 14, 2000. The

[[Page 82294]]

complete text of this Fourth R&O is available for inspection and 
copying during normal business hours in the FCC Reference Information 
Center, Courtyard Level, 445 12th Street, SW., Washington, DC, and also 
may be purchased from the Commission's copy contractor, International 
Transcription Services (ITS, Inc.), CY-B400, 445 12th Street, SW., 
Washington, DC.

Synopsis of the Fourth Report and Order

    1. In this Fourth Report and Order (Fourth R&O), the Commission 
takes steps to ensure that persons with hearing and speech disabilities 
using text telephone (TTY) devices will be able to make 911 emergency 
calls over digital wireless systems. In light of recent technological 
advances related to TTY/digital compatibility, the Commission 
establishes June 30, 2002, as the deadline by which digital wireless 
service providers must be capable of transmitting 911 calls made using 
TTY devices. In order to monitor the development and implementation of 
this capability within carrier networks, the Commission imposes a 
reporting requirement on carriers, which may be fulfilled by reporting 
through an industry forum that has been actively involved in resolving 
TTY/digital compatibility problems.
    2. As indicated in paragraphs 8, 9, and 10 of the full text of the 
Fourth R&O, the Commission establishes December 31, 2001, as the 
deadline for carriers operating digital wireless systems to have 
obtained all software upgrades and equipment necessary to make their 
systems capable of transmitting 911 calls from TTY devices. However, 
the Commission allows carriers an additional six-month period, until 
June 30, 2002, to integrate, test, and deploy the technology in their 
systems in conjunction with the public safety community.
    3. In addition to amending the Commission's rules to reflect the 
modified implementation deadline for digital wireless systems to be 
capable of transmitting 911 calls using TTY devices, the Fourth R&O 
also addresses pending petitions seeking waiver of the TTY regulations 
of 47 CFR 20.18(c). As indicated in paragraph 11 of the Fourth R&O, the 
majority of these petitions were filed on or before December 4, 1998, 
and, due to technological advances that have occurred since that time, 
and the revised implementation schedule adopted in the Fourth R&O, the 
Commission finds that these waiver petitions are moot and thus 
dismisses them.
    4. Paragraphs 12 through 18 of the Fourth R& O considers methods 
that the Commission could use to monitor the carriers' progress toward 
attaining digital TTY accessibility, as well as the progress of 
technological developments and the adoption of standards. The Fourth 
R&O, in response to this need, adopts a requirement that carriers 
submit quarterly reports, but to allow them to fulfill this requirement 
by reporting through the TTY Forum. As detailed in paragraph 14 of the 
Fourth R&O, wireless carriers formed the TTY Forum for the purpose of 
sharing information and developing solutions to the TTY/digital 
incompatibility problem. The TTY Forum has done an excellent job of 
helping carriers move toward the goal of making digital wireless 
systems widely accessible to TTY devices. Most carrier and equipment 
manufacturer commenters agree that reports by the TTY Forum should be 
required in lieu of individual reports by carriers. The Commission 
finds that providing carriers with the flexibility to either file an 
individual quarterly report or to fulfill this requirement by reporting 
through the TTY Forum. The quarterly reports must be filed either by 
the individual carrier or by the carrier though the TTY Forum 15 days 
after the end of each quarter, beginning on April 15, 2001, with a 
report for the quarter ending March 31, 2001, and continuing through 
the implementation deadline of June 30, 2002. This requirement contains 
information collection requirements that are not effective until 
approved by the Office of Management and Budget. The FCC will publish a 
document in the Federal Register announcing the effective date for this 
requirement. Public comment on the information collection is due 
February 26, 2001.
    5. The quarterly reports should contain updates on the status of 
the various solutions and should distinguish between different air 
interfaces. The reports should provide information concerning 
deployment ``milestones'' and issues as detailed in paragraph 17 of the 
Fourth R&O. Paragraph 18 of the Fourth R&O provides information on how 
and where to file the quarterly reports.
    6. The Fourth R&O, in paragraphs 20 through 32, notes several 
additional consumer issues related to the solutions, including the 
effect of the solutions on TTYs with proprietary enhanced protocols, 
the support of voice carry over in the solutions, and concerns about 
the capability of certain handsets to allow for simultaneous 
connections to the audio jack and the power cord input. With respect to 
these issues, the Commission encourages handset and TTY manufacturers 
and carriers to work toward resolution of these issues. In response to 
consumer concerns about the availability and cost of analog wireless 
services, the Commission encourages carriers to work with TTY users to 
provide an analog service plan comparable to what is offered to digital 
customers.

Regulatory Flexibility Act

    7. The Commission hereby certifies pursuant to section 605(b) of 
the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), that the 
progress monitoring reporting requirement adopted in this Fourth R&O 
will not have a significant economic impact on a substantial number of 
small entities. The report is much like the reporting requirements the 
Commission previously adopted in the E911 proceeding. The Commission is 
only requiring the filing of these reports for a limited period of 
time. Finally, the Commission has adopted (at the suggestion of the 
industry) a mechanism for filing the reports that minimizes any burdens 
on small entities. The Commission therefore concludes that there will 
not be a significant economic impact as a result of this reporting 
requirement.
    8. Report to Congress: The Commission will send a copy of the 
Fourth R&O, including the Final Regulatory Flexibility Act 
Certification, in a report to Congress pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A). In addition, the Commission will 
send a copy of the Fourth R&O, including the Final Regulatory 
Flexibility Act Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.
    Ordering Clauses:
    9. Part 20 of the Commission's Rules is amended as set forth in the 
Rule Changes section of this summary.
    The rule amendments made by this Fourth R&O shall become effective 
February 26, 2001.
    10. The information collections contained in this order will become 
effective following approval by the Office of Management and Budget. 
The Commission will publish a document in the Federal Register at a 
later date establishing the effective date for these collections.
    11. All petitions for waiver of section 20.18(c) of the 
Commission's rules are dismissed as moot in light of the rule changes 
adopted in this Fourth R&O.
    12. The Commission's Consumer Information Bureau, Reference 
Information Center shall send a copy of this Fourth R&O, including the 
Final

[[Page 82295]]

Regulatory Flexibility Certification, to the Chief Counsel for Advocacy 
of the Small Business Administration.

Paperwork Reduction Act

    13. This Fourth R&O contains a new information collection. As part 
of the Commission's continuing effort to reduce paperwork burdens, the 
Commission invites the general public and the Office of Management and 
Budget to take this opportunity to comment on the information 
collections contained in this Fourth R&O, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Public and agency comments 
are due February 26, 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: Revision of the Commission's Rules To Ensure Compatibility 
with Enhanced 911 Emergency Calling Systems, Fourth R&O.
    Form No. N.A.
    Type of Review: New information collection.
    Respondents: Business or other for profit.
    Number of Respondents: 4,000.
    Estimated Time Per Response: 2 Hours.
    Total Annual Burden: 32,000 Hours.
    Cost to Respondents: .0.
    Needs and Uses: The information submitted in the quarterly reports 
will be used by the Commission to keep track of the carriers' progress 
in complying with E911 TTY requirements and also to monitor the 
progress technology is making towards compatibility with TTY devices.

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. In Sec. 20.18, is amended by revising the note to paragraph (c) 
to read as follows:


Sec. 20.18  911 Service.

* * * * *
    (c) * * *
    Note to Paragraph (c): Operators of digital wireless systems must 
begin complying with the provisions of this paragraph on or before June 
30, 2002.
* * * * *
[FR Doc. 00-33025 Filed 12-27-00; 8:45 am]
BILLING CODE 6712-01-U